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Required Reporting to the I.R.S.

Sellers of real property will have certain information regarding the sale reported to the Internal Revenue Service.

This required reporting is a consequence of the Tax Reform Act of 1986; it is intended to encourage taxpayer compliance and aid in audit and enforcement efforts by the I.R.S.

To help you better understand this subject, the Land Title Association has answered some of the questions most commonly asked about Required Reporting to the I.R.S.

Who is required to report to the I.R.S.?

Sellers of real property, under guidelines established by the I.R.S., are required to have their gross proceeds from the sale reported on a Form 1099S. When a settlement agent is used, the I.R.S. makes this agent responsible for the delivery of the information on the Form 1099S.

The settlement agent generally will be the escrow agent or title company; however, it may be an attorney, real estate broker or other person providing settlement services.

What is an I.R.S. Form 1099S, and what will be reported?

The Form 1099S is the reporting form adopted by the I.R.S. for submitting the information required by law.

The information will be transferred onto magnetic media by the settlement agent who will store the information and make the required report to the I.R.S. The settlement agent is also responsible for keeping a master copy of all transactions reported.

In general, information required by the I.R.S. falls into the following categories:

  1. The name, address and taxpayer ID number (social security or tax identification number) of the seller(s)
  2. A general description of the property (in most cases an address)
  3. The closing date of the transaction
  4. The gross proceeds of the transaction (even though gross proceeds do not correspond to taxable income)
  5. Any property involved as part of the transaction other than cash or cash equivalent
  6. The name, address and taxpayer identification number of the settlement agent.
  7. Real estate tax paid in advance that is allocable to the buyer.

On what type of transactions is a Form 1099S required?

Currently, typical homeowner transactions covered include sales and exchanges of 1-4 family residential properties such as houses, townhouses, and condominiums. Also reportable are sales or exchanges of improved or unimproved land, commercial or industrial buildings, condominiums, stock in a cooperative housing corporation and mobile homes (manufactured homes) affixed to real property.

Specifically excluded from reporting are foreclosures and abandonment of real property and financing or refinancing of properties.

What happens if the seller(s) refuses to provide the taxpayer identification number for the Form 1099S?

The settlement agent is required to request the transferor’s taxpayer identification number(s) (TIN(s)) before the time of closing. You may request a TIN on Form W-9 or use an alternative written request. The IRS has included sample wording of an alternative written request in the instructions for preparation of Form 1099S.

Should the seller fail to provide the identification number and certify its correctness, the settlement agent may choose to:

  1. Delay the closing of the transactions until the information is furnished, or
  2. Complete the transaction and report to the I.R.S. that an attempt was made to obtain the information from the seller.

How is the sale reported when there is more than one seller involved or when multiple sellers do not own equal interests in the property?

Multiple sellers may allocate the gross proceeds among themselves for purposes of reporting. If there is no allocation, an incomplete allocation or conflicting allocations, then the entire gross proceeds will be reported for each seller.

Where can I go for further information on taxation of real property?

The I.R.S. provides free publications that explain the tax aspects of real estate transactions. You may wish to order:

  • Publication #523 “Tax Information on Selling Your Home”
  • Publication #530 “Tax Information for Home Owners”
  • Publication #544 “Sales and Other Dispositions of Assets”
  • Publication #551 “Basis of Assets”

To place your order, phone toll-free (800) 829-3676.

Article by CLTA

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Assist2Sell
Piele Realty LLC

Chris Piele | 720.628.2625
CPiele@WeBuySellColorado.com
2851 S. Parker Rd. Ste PH20
Aurora, CO 80014

Testimonials

We tried to sell our home in Aurora by ourselves to avoid the high commissions that all the realtors were asking for. Frankly the process was very draining on us, trying to do our own marketing, open houses and all the stuff that comes with selling a home. I received a letter from Chris Piele at Assist2Sell and after sitting down with him, we decided to hand the task of selling our home over to him. We chose Chris because of his knowledge of “old school” and current methods of selling homes. And we felt he had the negotiation skills necessary to assure we would get the most money possible out of our home. Chris and his team quickly took care of everything needed to get the home listed and marketed, then within a just couple of days the showings to prospective buyers came in very consistently. He managed to sell our home in just one week and for the price we wanted. And did all that for a flat fee versus the high commissions all the other agents wanted to list our home. Better yet, he found us a buyer who did not have an agent so we did not have to pay a buyer’s agent commission. Frankly, we were THRILLED. If you want to save a ton of money in selling your home, and you want to sell it without a lot of brain damage, then we strongly recommend Chris Piele and his team. David and Marie Galegor
Chris Piele and his Real Estate Team were great to work with.  He helped us purchase a home in Aurora, Colorado.  He and his staff were always professional and very helpful.  I would recommend him when you buy or sell your next home.  It was a very positive experience. I would use Chris Piele for my next real estate transaction. Ronnie and Drake Davis
It was a pleasure to work with Chris in the sale of my mother’s home. He took great care of us. Our situation was unique in that my mother doesn’t own a computer…she doesn’t even have an email address. We received a generous, above asking price offer. Chris literally drove across town to her house to hand deliver the offer, explain everything, and get a signature before the deadline. He saved us thousands of dollars in commissions and provided excellent service. Chris and his staff were prompt, pro-active, professional, and in constant communication with us through the entire process. Renae Powell
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