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Client and his sister sold their fathers home and the proceeds were split between them. The home was previously quit claimed to them 8 years ago. client has not received a 1099-s nor has his sister. the home was sold at a loss, but was not a primary residence for them nor a business property. Shouldn't there be a 1099-s ?? Are we being impatient?
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For example, did the father continue to use the home after that? What about the client and sister, did they use the home? What was the purpose of the "quit claim"? Was it actually sold to the kids, or was the title just transferred? Was the father still on the deed as well?
Was the house sold because the father died, or is he still living?
When you say it was a "loss", how did you arrive at that conclusion? What did you use for the Basis?
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How was the property used since the quick claim in 2010?
If quick claimed to the siblings and no money changed hands, it sounds like a gift to them. A gift tax return should have been filed in 2010 and the basis to the siblings would be the father's basis. Whether or not there is a gain or loss depends on the gift gain/loss rules and the character of the property use since 2010.
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Another question to find out that could possibly affect things ... if the father did NOT die, who is receiving the proceeds of the sale?
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The longer answer is that when the Life Estate was formed in 2010, the kids received PART of it (gift) and the father kept PART of it. When the Life Estate was removed, the father gifted the rest of his ownership (and the rest of his Basis) to the kids (and the father should have filed a Gift Tax return at that time).
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The 1099S depends on the amount and how the paperwork was filed. "sold at a loss" even if you take into consideration the the quit claim gives the basis of the home in the hands of the father? I would go ahead and file a return for each of the people showing the sale of the home. Indicate no 1099B was received. It sounds like it would be a personal loss and not a capital loss (if it really was a loss) and not deductible. If it is a gain it would be a long term gain. You need to possibly get more information.
Answers are easy. Questions are hard!
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Rick