How Does the IRS Know Your Capital Gains on Real Estate? (2024)

Whether your small business focuses on real estate or sold unneeded property during the tax year, a copy of form 1099-S, which is sent to both you and the IRS by the closing attorney or real estate official, reports the gross proceeds from the sale. When you file your tax return, you must calculate your basis in the property and compare it to the proceeds reported to determine if a capital gain exists. If there is no gain, you avoid paying capital gains tax but still need to submit forms to illustrate your capital loss or break-even sale.

  1. 1.

    Compare the gross proceeds reported on your copy of form 1099-S to verify the total matches the selling price listed on closing documents. If there is an error, contact the submitting attorney or real estate professional and request a corrected copy.

  2. 2.

    Determine the basis for the property by reviewing records showing the price your business paid for the real estate.

  3. 3.

    Increase your basis to reflect the costs of any improvements with an expected useful life greater than one year that added value to the property or increased its lifespan. Also add the assessment for any property improvements initiated by your municipality, such as an improved sidewalk, to your basis.

  4. 4.

    Decrease your basis to reflect depreciation expense deductions taken by your business, insurance reimbursem*nts received or funds received from the government in the form of tax credits or subsidies.

  5. 5.

    Complete IRS form 8949, "Sale and Other Dispositions of Capital Assets." You must describe your property and list the dates it was purchased and sold. Report the basis and any adjustments. Use form 8949 for both short-term and long-term assets.

  6. 6.

    Transfer the requested information from form 8949 to Schedule D, "Capital Gains and Losses." This form compiles both short- and long-term gains and losses and allows you to reduce the present year's capital gains by a capital loss carryover when applicable. Schedule D reports your total capital gain or loss to the IRS.

How Does the IRS Know Your Capital Gains on Real Estate? (2024)

FAQs

How does the IRS find out about capital gains? ›

Stock sales and other distributions may be reported by brokers on a 1099 Consolidated Statement or Substitute 1099. Use Form 8949 for reporting details of capital gain or loss transactions. Short-term transactions go on Form 8949, page 1. Long-term transactions go on Form 8949, page 2.

How does the IRS track real estate transactions? ›

Third Party Records

This can include pulling documents from banks, lenders and sellers to confirm the value of a real estate transaction or a personal property sale. It might include brokerage records to confirm the sale price of securities, or pulling bank statements to confirm your cash outflow on any given purchase.

How does the IRS know I sold my rental property? ›

Whether your small business focuses on real estate or sold unneeded property during the tax year, a copy of form 1099-S, which is sent to both you and the IRS by the closing attorney or real estate official, reports the gross proceeds from the sale.

How are real estate capital gains reported? ›

File the following forms with your return: Federal Capital Gains and Losses, Schedule D (IRS Form 1040 or 1040-SR) California Capital Gain or Loss (Schedule D 540) (If there are differences between federal and state taxable amounts)

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