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Does the sale of a residence for over $500K have to be reported on MFJ personal tax return even though the gain was less than $500K

DER-CPA
Level 1

Does the sale of a married couple's personal residence for more than $500K have to be reported to the IRS even though the gain is under $500 K?  A 1099-S was issues for the sale.

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13 Comments 13
sjrcpa
Level 15

Yes. If you don't client will get a matching notice and/or a proposed bill.

The more I know, the more I don't know.
joshuabarksatlcs
Level 10

When 1099 was issued, report the transaction and take the exclusion.  It's somewhere in the instructions.


I come here for kudos and IRonMaN's jokes.
sjrcpa
Level 15

I always report it, even when client tells me they didn't get a 1099-S because it turns out they usually did.

Dealt with a few too many of these notices. It is quicker to report the sale.

The more I know, the more I don't know.
Just-Lisa-Now-
Level 15
Level 15

How would IRS know if they qualified for the exclusion unless you report it on the return?


♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
garman22
Level 13
Level 13

I've seen notices asking for the tax on the gross sale amount. Prepare and report the exclusion. 

 

Just-Lisa-Now-
Level 15
Level 15
those notices get their attention really quick LOL

♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
joshuabarksatlcs
Level 10

I haven't researched this in the last 2 years (none of my clients sold  theirs lately), but the rule I knew was that the sale of a primary residence with gain under the qualified exemption doesn't have to be reported, except when 1099 was issued.  


I come here for kudos and IRonMaN's jokes.
dkh
Level 15

I always report whether I see a 1099-S or not.  I tell client why take the chance of getting an IRS notice (I call them "love letters") in future over something that has no tax consequence to you. 

Proactive - not reactive.

IRonMaN
Level 15

Where's Bob?  Who is afraid of a little love letter?

After I thought about it, that has got to be wrong.  It isn't "where's Bob", it should be "What About Bob". 😉


Slava Ukraini!
sjrcpa
Level 15

I thought the same thing. 😀

I'm not afraid of the letter.

I just realize it takes far less time to report the sale on the 1040 than to deal with the notice. And this was preCOVID.

The more I know, the more I don't know.
Norman2001
Level 7

From Pub 523 (create a database of useful pubs)

Reporting Gain or Loss on Your Home Sale

Determine whether you need to report the gain from
your home. You need to report the gain if ANY of the following is true.

• You have taxable gain on your home sale (or on the residential portion of your property if you made separate calculations for home and business) and don’t qualify to exclude all of the gain.

You received a Form 1099-S. If so, you must report the sale on Form 8949 even if you have no taxable gain to report. See Instructions for Form 8949 and Instructions for Schedule D (Form 1040) for more details.

• You wish to report your gain as a taxable gain even though some or all of it is eligible for exclusion. You may wish to do this if, for example, you plan to sell another main home within the next 2 years and are likely to receive a larger gain from the sale of that property. If you choose to report, rather than exclude, your taxable gain, you can undo that choice by filing an amended return within 3 years of the due date of your return for the year of the sale, excluding extensions.

If NONE of the three bullets above is true, you don’t need to report your home sale on your tax return.

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IRonMaN
Level 15

But sometimes folks don't even realize they received the 1099-S.  So even though you don't "have to", a lot of preparers do, just so they don't have to mess around with the IRS later.


Slava Ukraini!
garman22
Level 13
Level 13

Yup! I dont risk it. The last thing I want is my client to WIG OUT that they get a letter stating they owe a massive amount of tax.