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Carla Pennington, Realtor®
Paula Thomas Real Estate Group
101 Cooperative Way Suite 205
Georgetown, TX 78626
Mobile: 512-635-2117
Email: Carla@CarlaPennington.com
 






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"What does the Lord require of me? To act justly, love mercy and walk humbly with my God." Micah 6:8

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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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Testimonials

Carla is a knowledgeable and honest agent who helped us buy our dream retirement home in Georgetown. She is very knowledgeable about the area, spent many hours showing us real estate that fit our taste and budget and became our advocate and negotiator when we found the house we wanted. Carla works for a great broker and if there were any questions that she wanted a second opinon on, she had immediate access to her staff and office. I would not hesitate to use Carla again and recommend her highly to all who want both a pleasant and profitable outcome for their real estate search. Mark & Sue
Carla Pennington has been our realtor for several years now in both buying and selling real estate.  She also has served as our leasing agent on homes that we own!  We totally trust Carla on her advice in our transactions and will continue to use her services in future transactions!  We consider her a friend! Great communicator, easy to work with, understood and found our needs. All round great lady & we've really enjoyed working with her! Dawn & Betty
We were at a potential purchase property and on a whim picked Carla's card from a stack that were on a table in the kitchen (front door wasn't locked so we let ourselves in). This whim was a blessing in disguise as Carla has to be one of the most attentive and considerate real estate representatives that I have ever had the pleasure to work with. She was very quick to respond, attentive to our needs, considerate of our small children, flexible in scheduling and just an overall downright wonderful experience. She left a 'good taste in our mouth' so to speak. Another plus for Carla is that my 20 month old daughter 'likes' no one and never gives hugs away. At our first meeting with Carla, our daughter gave her 2 hugs and has given her one each time she has seen her since. To me - this speaks volumes to Carla's stellar character. My husband & I would highly recommend Carla to anyone that wants an enjoyable and stress free buying/selling experience. Carla's counterparts in the Paula Thomas Real Estate Group are more than willing to step up to the plate should for any reason Carla not be able to assist and to me this makes a wonderful 'family' group to work with for a job well done! thanks Carla! Kelly & Shannon
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