US Internal Revenue Service: p537 - 1999

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Contents

Publication 537 Important Change for 1999 ............... 1


Cat. No. 15067V
Department Introduction ........................................ 1
of the
Treasury Installment What Is an Installment Sale? ............

General Rules .....................................


2

2
Internal
Revenue
Service Sales Figuring Installment Income ...........
Reporting Installment Income .........
2
3

Other Rules ......................................... 3


Electing Out of Installment Method 3
For use in preparing Payments Received ........................ 4
Escrow Account .............................. 5
1999 Returns Depreciation Recapture Income .....
Sale to Related Person ..................
5
5
Like-Kind Exchange ........................ 6
Contingent Payment Sale ............... 6
Single Sale of Several Assets ........ 6
Sale of a Business .......................... 7
Unstated Interest and Original Issue
Discount ................................... 8
Disposition of Installment Obligation 9
Repossession ................................. 10

Reporting an Installment Sale .......... 11

How To Get More Information .......... 16

Index .................................................... 17

Important Change
for 1999
Photographs of missing children. The
Internal Revenue Service is a proud partner
with the National Center for Missing and Ex-
ploited Children. Photographs of missing
children selected by the Center may appear
in this publication on pages that would other-
wise be blank. You can help bring these
children home by looking at the photographs
and calling 1–800–THE–LOST (1–800–843–
5678) if you recognize a child.

Introduction
An installment sale is a sale of property where
you receive at least one payment after the
close of the tax year of the sale. If you dis-
pose of property in an installment sale, you
report part of your gain or profit when you
receive each installment payment. You can-
not use the installment method to report a
loss.
This publication discusses the general
rules that apply to all installment sales. It also
discusses more complex rules that apply only
when certain conditions exist or certain types
of property are sold. There are two examples
of reporting installment sales on Form 6252
at the end of the publication.
At the time this publication was being
! prepared for print, Congress was
CAUTION considering legislation that would
generally prohibit accrual method taxpayers
from using the installment method of ac-
counting for dispositions of property. For more
information about this and other important tax
changes, see Publication 553, Highlights of
1999 Tax Changes.
If you sold your home or other nonbusi- erally apply regardless of the form of the in- 1) Selling price ...........................................
ness property under an installment plan, you stallment obligation. 2) Installment sale basis:
will need to read only the General Rules. If Adjusted basis of property ...
Selling expenses ..................
you sold business or rental property or had a Stock or securities. You cannot use the in- Depreciation recapture .........
like-kind exchange or other complex situation, stallment method to report gain from the sale 3) Gross profit (line 1 − line 2) ...................
see the appropriate discussion under Other of stock or securities traded on an established 4) Contract price .........................................
Rules, later. securities market. You must report the entire 5) Gross profit percentage
If you sold your entire interest in a passive (line 3 ÷ line 4) ......................................
gain on the sale in the year in which the trade
activity, special rules apply to the treatment date falls.
of passive activity losses. See Publication 925
for information on this topic.
Dealer sales. Sales of personal property by
a person who regularly sells or otherwise
Useful Items disposes of the same type of property on the
You may want to see: Selling price. The selling price is the total
installment plan cannot be reported under the cost of the property to the buyer. It includes
installment method. This also applies to real any money and the fair market value of any
Publication property held for sale to customers in the or- property you are to receive. Fair market value
dinary course of a trade or business. How- (FMV) is discussed later under Payment of
䡺 523 Selling Your Home ever, this does not apply to an installment property. It also includes any debt the buyer
䡺 541
sale of property used or produced in farming. pays, assumes, or takes, to which the prop-
Partnerships
Special rule. Dealers of time-shares and erty is subject. The debt could be a note,
䡺 544 Sales and Other Dispositions of residential lots can report certain sales on the mortgage, or any other liability, such as a lien,
Assets installment method if they elect to pay a spe- accrued interest, or taxes you owe on the
cial interest charge. For more information, see property. If the buyer pays any of your selling
䡺 550 Investment Income and Expenses section 453(l) of the Internal Revenue Code. expenses for you, that amount is also in-
䡺 551 Basis of Assets cluded in the selling price. The selling price
Sale at a loss. If your sale results in a loss, does not include interest, whether stated or
䡺 925 Passive Activity and At-Risk Rules
you cannot use the installment method. If the unstated.
loss is on an installment sale of business as- Installment sale basis. This publication
Form (and Instructions) sets, you can deduct it only in the tax year refers to the adjusted basis plus selling ex-
of sale. You cannot deduct a loss on the sale penses and depreciation recapture income
䡺 6252 Installment Sale Income as the installment sale basis.
of property owned for personal use.
See How To Get More Information near Adjusted basis. Basis is a way of
the end of this publication for information measuring your investment in the property
Unstated interest. If your sale calls for you are selling. The way you figure basis de-
about getting publications and forms. payments in a later year and the sales con- pends on how you first acquired the property.
tract provides for little or no interest, you may The basis of property you bought is generally
have to figure unstated interest, even if you its cost. The basis of property you inherited,
have a loss. See Unstated Interest and Ori- received as a gift, built yourself, or received
What Is an ginal Issue Discount, later. in a tax-free exchange is figured differently.
While you own personal-use property,
Installment Sale? various events may change your original ba-
An installment sale is a sale of property where Figuring sis in the property. Some events, such as
you receive at least one payment after the Installment Income adding rooms or making permanent improve-
close of the tax year of the sale. The install- ments, increase basis. Others, such as
ment sale rules do not apply to the regular Each payment on an installment sale usually deductible casualty losses or depreciation
sale of inventory. See Sale of a Business consists of the following three parts. previously allowed or allowable, decrease
under Other Rules, later. basis. The result is adjusted basis.
If a sale qualifies as an installment sale, 1) Interest income. For more information on how to figure
you must report the gain on the sale under the basis and adjusted basis, see Publication
2) Return of your adjusted basis in the
installment method unless you elect to rec- 551.
property.
ognize gain under your regular method of Selling expenses. Selling expenses are
accounting. Under the installment method, 3) Gain on the sale. any expenses that relate to the sale of the
you report prorated gain on the sale only as property. They include commissions, attorney
payments are received. It does not matter In each year you receive a payment, you must fees, and any other expenses paid on the
whether you use the cash or accrual method include the interest part in income, as well as sale. Selling expenses are added to the basis
of accounting. However, accrual method tax- the part that is your gain on the sale. You do of the sold property.
payers should see the Caution in the Intro- not include in income the part that is the re- Depreciation recapture. If you took de-
duction, earlier. For information on recogniz- turn of your basis in the property. preciation deductions on the asset, part of the
ing the entire gain in the year of sale, see gain on the sale of the asset may be recap-
Electing Out of Installment Method under tured as ordinary income. See Depreciation
Other Rules, later. Interest income. You must report interest Recapture Income, later.
as ordinary income. Interest is generally not Gross profit. For an installment sale,
If you finance the purchase of your included in a down payment. However, you gross profit is the total gain you report on the
TIP property, instead of having the buyer may have to treat part of each later payment installment method.
get a loan or mortgage from a third as interest, even if it is not called interest in To figure your gross profit, subtract your
party, you probably have an installment sale. your agreement with the buyer. See Unstated installment sale basis from the selling price.
It is not an installment sale if the buyer bor- Interest and Original Issue Discount, later. If the property you sold was your home, sub-
rows the money from a third party and then tract from the gross profit any gain you can
pays you the total selling price. Return of basis and gain on sale. The rest exclude. See Sale of your home, later, under
of each payment is treated as if it were made Reporting Installment Income.
up of two parts. One part is a tax-free return Contract price. The contract price is the
of your adjusted basis in the property. The total of all principal payments you are to re-
other part is your gain. ceive on the installment sale. It includes pay-
ments you are considered to receive, even
General Rules Figuring gain part of payment. To though you are not paid anything directly. See
The buyer's “installment obligation” to make figure what part of any payment is Payments Received, later.
future payments to you can be in the form of gain, multiply the payment (less in- If part of the selling price is paid in cash
a deed of trust, note, land contract, mortgage, terest) by the gross profit percentage. Use the and you hold a mortgage payable from the
or other evidence of the buyer's debt to you. following worksheet to figure the gross profit buyer to you for the remainder, then the con-
The rules discussed in this publication gen- percentage. tract price equals the selling price.
Page 2
Gross profit percentage. A certain per- When you report interest income received
centage of each payment (after subtracting
Reporting from a buyer who uses the property as a
interest) is reported as gain from the sale. It Installment Income personal residence, write the buyer's name,
is called the “gross profit percentage” and is address, and social security number (SSN)
figured by dividing your gross profit from the on line 1 of Schedule B (Form 1040) or
sale by the contract price. Form 6252. You must use Form 6252 to re- Schedule 1 (Form 1040A).
The gross profit percentage generally re- port a sale of property as an installment sale. When deducting the mortgage interest,
mains the same for each payment you re- Use the form to report the sale in the year it the buyer must write your name, address, and
ceive. However, see the example under Sell- takes place and to report payments received SSN on line 11 of Schedule A (Form 1040).
ing price reduced, later, for a situation where in later years. Attach it to your tax return for If either person fails to include the other
the gross profit percentage changes. each year. person's SSN, a $50 penalty may apply.
Form 6252 will help you determine the
Example. You sell property at a contract gross profit, contract price, gross profit per-
price of $2,000 and your gross profit is $500. centage, and how much of each payment re-
Your gross profit percentage is 25% ($500 ÷ ceived during the tax year to include in in-
$2,000). After subtracting interest, you report come.
Form 6252 is divided into the following
Other Rules
25% of each payment, including the down
parts. The rules discussed in this part of the publi-
payment, as gain from the sale for the tax
cation apply only in certain circumstances or
year you receive the payment.
to certain types of property. The rules cover
1) Part I, Gross Profit and Contract Price, the following topics.
is completed for the year of sale.
Amount to include in income. Each year
you receive a payment on the installment 2) Part II, Installment Sale Income, is com- • Electing out of the installment method.
sale, multiply the payment (less interest) by pleted for the year of sale and for any
the gross profit percentage to determine the year you receive a payment or are con-
• Payments received, including those con-
amount you must include in income for the tax sidered received.
sidered to have received a payment.
year. In certain circumstances, you may be • An escrow account.
considered to have received a payment, even 3) Part III, Related Party Installment Sale
though you received nothing directly. In addi- Income, is completed if you sold the • Depreciation recapture income.
tion to cash, a receipt of property or the as- property to a related person, as dis-
sumption of your mortgage on the property • A sale to a related person.
cussed later under Sale to Related Per-
sold may be considered a payment. For a son. • A like-kind exchange.
detailed discussion, see Payments Received,
later. • A contingent payment sale.
Year of sale. Answer the questions at the
beginning of the form and complete Part I and • A single sale of several assets.
Selling price reduced. If the selling price is Part II. Line 3 asks whether you sold the
property to a related party. If you answer • The sale of a business.
reduced at a later date, the gross profit on the
sale will also change. You must then refigure “Yes,” answer the question on line 4 and • Unstated interest.
your gross profit percentage for the remaining complete Part III.
payments. Refigure your gross profit using Later years. Answer the questions at the • Disposition of an installment obligation.
the reduced sale price and then subtract the beginning of the form and complete Part II for
each year in which you receive a payment on
• A repossession.
gain already reported. Spread the remaining
gain over the remaining installments. You the sale. If you sold the property to a related
cannot go back and refigure the gain you re- person, you may have to complete Part III
ported in earlier years. also. Electing Out of
Installment Method
Example. In 1997, you sold land with a Schedule D (Form 1040). Enter the gain You must use the installment method to re-
basis of $40,000 for $100,000. Your gross figured on Form 6252 for personal-use prop- port an installment sale unless you elect not
profit was $60,000. You received a $20,000 erty (capital assets) on Schedule D (Form to use that method. If you make the election,
down payment and the buyer's note for 1040), Capital Gains and Losses. If your gain you generally report the entire gain in the year
$80,000. The note provides for four annual from the installment sale qualifies for long- of sale, even though you will not be paid all
payments of $20,000 each, plus 12% interest, term capital gain treatment in the year of sale, of the selling price in that year.
beginning in 1998. Your gross profit percent- it will continue to qualify in later tax years. To figure the gain to report, use the FMV
age is 60%. You reported a gain of $12,000 Your gain is long-term if you owned the of the buyer's installment obligation. Notes,
on each payment received in 1997 and 1998. property for more than one year when you mortgages, and land contracts are examples
In 1999, you and the buyer agreed to re- sold it. of obligations that are included at FMV.
duce the purchase price to $85,000 and pay- You must figure the FMV of the buyer's
ments during 1999, 2000, and 2001 are re- installment obligation, whether or not you
duced to $15,000 for each year. Form 4797. An installment sale of property would actually be able to sell it. If you use the
The new gross profit percentage, 46.67%, used in your business or that earns rent or cash method of accounting, the FMV of the
is figured as follows. royalty income may result in a capital gain, obligation will never be considered less than
an ordinary gain, or both. All or part of any the FMV of the property sold (minus any other
1) Reduced selling price ........................... $85,000 gain from its disposition may be ordinary gain consideration received). If you use an accrual
2) Minus: Basis .......................................... 40,000 from depreciation recapture. Use Form 4797 method of accounting, you must always use
3) Adjusted gross profit ............................. $45,000 to report these transactions and to determine the full face value of the installment obligation
4) Minus: Gain reported in 1997 & 1998 .. 24,000
the ordinary or capital gain or loss. as its FMV.
5) Gain to be reported ............................... $21,000
6) Selling price to be received:
Reduced selling price ......... $85,000 Example. You sold a parcel of land for
Minus: Payments received Sale of your home. If you sell your home, $50,000. You received a $10,000 down pay-
in 1997 and 1998 ............... 40,000 $45,000 you may be able to exclude all or part of the ment and will receive the balance over the
7) New gross profit percentage gain on the sale. See Publication 523 for in- next 10 years at $4,000 a year, plus 8% in-
(line 5 ÷ line 6) ..................................... 46.67% formation about excluding the gain. If the sale terest. The buyer gave you a note for
You will report a gain of $7,000 (46.67% is an installment sale, any gain you exclude $40,000. The note had an FMV of $40,000.
of $15,000) on each of the $15,000 install- is not included in gross profit when figuring You paid a commission of 6%, or $3,000, to
ments due in 1999, 2000, and 2001. your gross profit percentage. a broker for negotiating the sale. The land
Seller-financed mortgage. Special re- cost $25,000 and you owned it for more than
porting procedures apply if you finance the one year. You decide to elect out of the in-
sale of your home to an individual. stallment method and report the entire gain
in the year of sale.
Page 3
Gain realized: Mortgage less than basis. If the buyer Mortgage canceled. If the buyer of your
Selling price ............................................... $50,000 assumes a mortgage that is less than your property is the person who holds the mort-
Minus: Property's adj. basis ........ $25,000 installment sale basis in the property, it is not gage on it, your debt is canceled, not as-
Commission ..................... 3,000 28,000 considered a payment to you. The contract sumed. You are considered to receive a
Gain realized ............................................ $22,000 price equals the selling price minus the mort- payment equal to the outstanding canceled
Gain recognized in year of sale:
gage. This difference is all that you will di- debt.
rectly collect from the buyer.
Cash ........................................................... $10,000 Example. Mary Jones loaned you $4,500
Market value of note .................................. 40,000 in 1995 in exchange for a note mortgaging a
Total realized in year of sale ..................... $50,000 Example. You sell property with an ad- tract of land you owned. On April 4, 1999, she
Minus: Property's adj. basis ........ $25,000 justed basis of $19,000. You have selling ex- bought the land for $7,000. At that time,
Commission ..................... 3,000 28,000 penses of $1,000. The buyer assumes your
Gain recognized ....................................... $22,000 $3,000 of her loan to you was outstanding.
existing mortgage of $15,000 and agrees to She agreed to forgive this $3,000 debt and to
The recognized gain of $22,000 is long- pay you $10,000 (a cash down payment of pay you $2,000 (plus interest) on August 1,
term capital gain. Since you include the entire $2,000 and $2,000 (plus 12% interest) in 1999, and August 1, 2000. She did not as-
gain in income in the year of sale, you do not each of the next 4 years). sume an existing mortgage. She canceled the
include in income any principal payments you The selling price is $25,000 ($15,000 + $3,000 debt you owed her. You are consid-
receive in later tax years. The interest on the $10,000). Your gross profit is $5,000 ($25,000 ered to have received a $3,000 payment at
note is ordinary income and is reported as − $20,000 installment sale basis). The con- the time of the sale.
interest income each year. tract price is $10,000 ($25,000 − $15,000
mortgage). Your gross profit percentage is
50% ($5,000 ÷ $10,000). You report half of Buyer assumes other debts. If the buyer
How to elect out. To make this election, do assumes your other debts, such as a loan or
not report your sale on Form 6252. Instead, each $2,000 payment received as gain from
the sale. You also report all interest you re- back taxes, it may be considered a payment
report it on Schedule D (Form 1040) or Form to you in the year of sale.
4797, whichever applies. ceive as ordinary income.
If the buyer assumes the debt instead of
paying it off, only part of it may have to be
When to elect out. Make this election by the Mortgage more than basis. If the buyer treated as a payment. Compare the debt to
due date, including extensions, for filing your assumes a mortgage that is more than your your installment sale basis in the property
tax return for the year the sale takes place. installment sale basis in the property, you re- being sold. If the debt is less than your in-
Once made, the election generally cannot be cover your entire basis. You are also relieved stallment sale basis, none of it is treated as
revoked. However, you can apply to the IRS of the obligation to repay the amount bor- a payment. If it is more, only the difference is
to revoke the election not to use the install- rowed. The part of the mortgage greater than treated as a payment. If the buyer assumes
ment method. You will not be allowed to re- your basis is treated as a payment received more than one debt, any part of the total that
voke the election if either of the following sit- in the year of sale. This is in addition to the is more than your installment sale basis is
uations applies. buyer's other payments. considered a payment. These rules are the
To figure the contract price, subtract the same as the rules discussed earlier under
• One of the purposes is to avoid federal mortgage from the selling price. This is the Buyer assumes mortgage. However, they
income tax. total you will actually receive from the buyer. apply to only the following two types of debts
Add to this amount the “payment” you are the buyer assumes.
• The tax year in which any payment was considered to receive (the difference between
received has closed. the mortgage and your installment sale ba- 1) Those acquired from ownership of the
sis). The contract price is then the same as property you are selling, such as a
Automatic six-month extension. If you
your gross profit from the sale. mortgage, lien, overdue interest, or back
timely filed your tax return without making the
If the mortgage the buyer assumes is taxes.
election, you can still make the election by
equal to or more than your installment sale
filing an amended return within 6 months of 2) Those acquired in the ordinary course
basis in the property, the gross profit per-
the due date of your return (excluding exten- of your business, such as a balance due
centage will always be 100%.
sions). Write “Filed pursuant to section for inventory you purchased.
301.9100–2” at the top of the amended return
and file it at the same place you filed your Example. The selling price for your If the buyer assumes any other type of
original return. property is $9,000. The buyer will pay you debt, such as a personal loan, it is treated as
$1,000 annually (plus 8% interest) over the if the buyer had paid off the debt at the time
next 3 years and assume an existing mort- of the sale. The value of the assumed debt is
Payments Received gage of $6,000. Your adjusted basis in the then considered a payment to you in the year
property is $4,400. You have selling ex- of sale.
Including Payments Considered
penses of $600, for a total installment sale
Received basis of $5,000. The part of the mortgage that
You must figure your gain each year on the Payment of property. If you receive prop-
is more than your installment sale basis is erty rather than money from the buyer, it is
payments you receive, or are treated as re- $1,000 ($6,000 − $5,000). This amount is in- still considered a payment. However, see
ceiving, from an installment sale. These pay- cluded in the contract price and treated as a
ments include the down payment and each Like-Kind Exchange, later. The amount of the
payment received in the year of sale. The payment is the property's FMV on the date
later payment of principal on the buyer's debt contract price is $4,000:
to you. you receive it.
In certain situations, you are considered Fair market value (FMV). This is the
Selling price ............................................... $9,000 price at which property would change hands
to have received a payment, even though the Minus: Mortgage ........................................ (6,000)
buyer does not pay you directly. These situ- between a buyer and a seller, neither being
Amount actually received .......................... $3,000
ations occur when the buyer assumes or pays Add difference:
required to buy or sell, and both having a
any of your debts, such as a loan, or pays any Mortgage ................................... $6,000 reasonable knowledge of all necessary facts.
of your expenses, such as a sales commis- Less: Installment sale basis ..... 5,000 1,000 If your installment sale fits this description, the
sion. Contract price .......................................... $4,000 value assigned to property in your agreement
Your gross profit on the sale is also with the buyer is good evidence of its FMV.
$4,000: Third-party note. If the property the
Buyer pays seller's expenses. If the buyer buyer gives you is a third-party note (or other
pays any of your expenses related to the sale obligation of a third party), you are considered
of your property, it is considered a payment Selling price ................................................. $9,000 to have received a payment equal to the
to you in the year of sale. Include these ex- Minus: Installment sale basis ...................... (5,000)
Gross profit ................................................ $4,000 note's FMV. Because the note is itself a pay-
penses in the selling and contract prices ment on your installment sale, any payments
when figuring the gross profit percentage. Your gross profit percentage is 100%. you later receive from the third party are not
Report 100% of each payment as gain from considered payments on your sale.
Buyer assumes mortgage. If the buyer as- the sale. Treat the $1,000 difference between
sumes or pays off your mortgage, or other- the mortgage and your installment sale basis Example. You sold real estate in an in-
wise takes the property subject to the mort- as a payment and report 100% of it as gain stallment sale. As part of the down payment,
gage, the following rules apply. in the year of sale. the buyer assigned to you a $5,000, 8% note
Page 4
of a third party. The FMV of the third-party 2) Any payments received on the install-
note at the time of your sale was $3,000. This ment obligation before the date the net
Depreciation
amount, not $5,000, is a payment to you in debt proceeds are treated as a payment. Recapture Income
the year of sale. Because the third-party note If you sell property for which you claimed a
had an FMV equal to 60% of its face value Installment payments. The pledge rule
depreciation deduction, report any depreci-
($3,000 ÷ $5,000), 60% of each payment of accelerates the reporting of the installment
ation recapture income in the year of sale,
principal you receive on this note is a non- obligation payments. Do not report payments
whether or not an installment payment was
taxable return of capital. The remaining 40% received on the obligation after it has been
received that year. Figure your depreciation
is ordinary income. Report the interest you pledged until the payments received are more
recapture income (including the section 179
receive in full as ordinary income. than the amount reported under the pledge
deduction and the section 179A deduction
rule.
recapture) in Part III of Form 4797. Report the
Bond. A bond or other evidence of debt Exception. The pledge rule does not
recapture income in Part II of Form 4797 as
you receive from the buyer that is payable on apply to debt incurred after December 17,
ordinary income in the year of sale. The re-
demand is treated as a payment in the year 1987, to refinance a debt under the following
capture income is also included in Part I of
you receive it. If you receive a government circumstances.
Form 6252. However, the gain equal to the
or corporate bond that has interest coupons
1) The debt was outstanding on December recapture income is not reported on the in-
attached or that can be readily traded in an
17, 1987. stallment method. Report any gain greater
established securities market, you are con-
than the recapture income on the installment
sidered to have received payment equal to 2) The debt was secured by that installment method. For more information on depreci-
the bond's FMV. Accrual basis taxpayers sale obligation on that date and at all ation recapture, see chapter 3 in Publication
should see section 15A.453–1(e)(2) of the times thereafter until the refinancing oc- 544.
regulations. curred. The ordinary recapture income reported in
Buyer's note. The buyer's note (unless
the year of sale is included in your installment
payable on demand) is not considered pay- A refinancing as a result of the creditor's sale basis in determining your gross profit on
ment on the sale. Its full face value is included calling of the debt is treated as a continuation the installment sale. See the discussion under
when figuring the selling price and the con- of the original debt if a person other than the General Rules, earlier.
tract price. Payments you receive on the note creditor or a person related to the creditor
are used to figure your gain in the year you provides the refinancing.
receive them. This exception applies only to the refi-
nancing that does not exceed the principal of
Sale to
Guarantee. If a third party or government the original debt immediately before the refi- Related Person
agency guarantees the buyer's payments to nancing. Any excess is treated as a payment Two special rules apply to an installment sale
you on an installment obligation, the guaran- on the installment obligation. between related persons. Test your sale
tee itself is not considered payment. against Rule 1 first. If Rule 1 does not apply,
test your sale against Rule 2. For purposes
At the time this publication was being Escrow Account of these rules, spouses, children, grandchild-
! prepared for print, Congress was
CAUTION considering legislation that would
In some cases, the sales agreement, or a ren, brothers, sisters, and parents are all
later agreement, may call for the buyer to considered related persons. A partnership
modify the pledge rules explained next. For
establish an irrevocable escrow account from or corporation in which you have an interest,
more information about this and other impor-
which the remaining installment payments or an estate or trust with which you have a
tant tax changes, see Publication 553, High-
(including interest) are to be made. Generally, connection, can also be considered a related
lights of 1999 Tax Changes.
these sales cannot be reported on the in- person.
stallment method. The buyer's obligation is For more information on these kinds of
Installment obligation used as security paid in full when the balance of the purchase sales, see section 453 of the Internal Reve-
(pledge rule). If you use an installment obli- price is deposited into the escrow account. nue Code.
gation to secure any debt, the net proceeds When an escrow account is established, you
from the debt may be treated as a payment no longer rely on the buyer for the rest of the
on the installment obligation. This is known payments, but on the escrow arrangement. Rule 1—Sale of Depreciable
as the pledge rule and it applies if the selling
price of the property was over $150,000. It
Property
Example. You sell property for $10,000.
does not apply to the following dispositions. The sales agreement calls for a down pay- If you sell depreciable property to certain re-
ment of $1,000 and payment of $1,500 in lated persons, you cannot report the sale us-
1) Sales of property used or produced in each of the next 6 years to be made from an ing the installment method. Instead, all pay-
farming. irrevocable escrow account containing the ments to be received are considered received
balance of the purchase price plus interest. in the year of sale. Depreciable property for
2) Sales of personal-use property. this rule is any property that the purchaser
You cannot report the sale on the installment
3) Qualifying sales of time-shares and res- method because the full purchase price is can depreciate.
idential lots. considered received in the year of sale. You Payments to be received include the total
must report the entire gain in the year of sale. of all noncontingent payments and the FMV
The net debt proceeds are the gross debt of any payments contingent as to amount.
minus the direct expenses of getting the debt. Escrow established in a later year. If you In the case of contingent payments for
The amount treated as a payment is consid- make an installment sale and in a later year which the FMV cannot be reasonably deter-
ered received on the later of the following an irrevocable escrow account is established mined, the basis is recovered ratably. The
dates. to pay the remaining installments plus inter- purchaser cannot increase the basis of any
est, the amount placed in the escrow account property acquired in the sale by any amount
1) The date the debt becomes secured. represents payment of the balance of the in- before the seller includes the amount in in-
stallment obligation. Therefore, you cannot come.
2) The date you receive the debt proceeds.
use the installment method to report any
A debt is secured by an installment obli- payments you receive from the escrow ac- Exceptions to Rule 1. Rule 1 will not apply
gation to the extent that payment of principal count. if no significant tax deferral benefit will be
or interest on the debt is directly secured derived from the sale. It does not apply if you
(under the terms of the loan or any underlying Substantial restriction. If an escrow ar- can show to the satisfaction of IRS that
arrangement) by any interest in the install- rangement imposes a substantial restriction avoidance of federal income tax was not one
ment obligation. on your right to receive the sale proceeds, the of the principal purposes of the sale.
Limit. The net debt proceeds treated as sale can be reported on the installment
a payment on the pledged installment obli- method, provided it otherwise qualifies. For
gation cannot be more than the excess of an escrow arrangement to impose a sub- Rule 2—Sale and Resale
item (1) over item (2), below. stantial restriction, it must serve a bona fide Generally, a special rule applies if you (an
purpose of the buyer, that is, a real and defi- installment seller) make a first disposition
1) The total contract price on the install- nite restriction placed on the seller or a spe- (sale or exchange) to a related person who
ment sale. cific economic benefit conferred on the buyer. then makes a second disposition (sale, ex-
Page 5
change, or gift) under the following circum- Total payments from the first disposition Example. In 1999, George Brown trades
stances. received by the end of 2001 ................. $500,000 personal property with an installment sale
Minus the sum of: basis of $400,000 for like-kind property hav-
Payment from 1998 .......... $100,000 ing an FMV of $200,000. He also receives an
• The related person makes the second Payment from 1999 .......... 100,000
disposition before making all payments installment note for $800,000 in the trade.
Amount treated as pay- Under the terms of the note, he is to receive
on the first disposition. ment in 1999 .................... 200,000
$100,000 (plus interest) in 2000 and the bal-
• The related person makes the second Total on which gain was previously ance of $700,000 (plus interest) in 2001.
disposition within 2 years of the first dis- recognized ............................................ − 400,000 George's selling price is $1,000,000
Payment on which gain is recognized
position. for 2002 ................................................. $100,000
($800,000 installment note + $200,000 FMV
Multiply by gross profit % ..................... × .50 of like-kind property received). His gross profit
Under this rule, you treat part or all of the Installment sale income for 2002 ...... $ 50,000 is $600,000 ($1,000,000 − $400,000 install-
amount the related person realizes (or the ment sale basis). The contract price is
FMV if the disposed property is not sold or $800,000 ($1,000,000 − $200,000). The
exchanged) from the second disposition as if Exceptions to Rule 2. These rules do not gross profit percentage is 75% ($600,000 ÷
you received it from the first disposition at the apply to a second disposition, and any later $800,000). He reports no gain in 1999 be-
time of the second disposition. transfer, if you can show, to the satisfaction cause the like-kind property he receives is not
of the IRS, that neither the first disposition (to treated as a payment for figuring gain. He
the related person) nor the second disposition reports $75,000 gain for 2000 (75% of
Example 1. In 1998, Harvey Green sold
had as one of its principal purposes the $100,000 payment received) and $525,000
farm land to his son Bob for $500,000, which
avoidance of federal income tax. Generally, gain for 2001 (75% of $700,000 payment re-
was to be paid in five equal payments over 5
an involuntary second disposition will qualify ceived).
years, plus adequate stated interest on the
under the nontax avoidance exception, such
balance due. His installment sale basis for
as when a creditor of the related person
the farm land was $250,000 and the property Deferred exchanges. A deferred exchange
forecloses on the property or the related per-
was not subject to any outstanding liens or is one in which you have transferred the
son declares bankruptcy.
mortgages. His gross profit percentage is property and are to receive like-kind property
The nontax avoidance exception also ap-
50% (gross profit of $250,000 ÷ contract price at a later date. Under this type of exchange,
plies to a second disposition that is also an
of $500,000). He received $100,000 in 1998 the person receiving your property may be
installment sale if the terms of payment under
and included $50,000 in income for that year required to place funds in an escrow account
the installment resale are substantially equal
($100,000 × 0.50). Bob made no improve- or trust. If certain rules are met, these funds
to or longer than those for the first installment
ments to the property and sold it to Alfalfa will not be considered a payment until you
sale. However, the exception does not apply
Inc., in 1999 for $600,000 after making the have the right to receive the funds or, if ear-
if the resale terms permit significant deferral
payment for that year. The amount realized lier, the end of the exchange period. See
of recognition of gain from the first sale as, for
from the second disposition is $600,000. section 1.1031(k)–1(j)(2) of the regulations for
example, if amounts from the resale are col-
Harvey figures his installment sale income for these rules.
lected sooner.
1999 as follows:
In addition, any sale or exchange of stock
to the issuing corporation is not treated as a
Lesser of: 1) Amount realized on second
disposition, or 2) Contract price on first first disposition. An involuntary conversion is Contingent Payment Sale
disposition .............................................. $500,000 not treated as a second disposition if the first For installment sales, a contingent payment
Subtract: Sum of payments from Bob in disposition occurred before the threat of con- sale is one whose total selling price cannot
1998 and 1999 ....................................... − 200,000 version. A transfer after the death of the be determined by the end of the tax year in
Amount treated as payment because of person making the first disposition or the re- which the sale takes place.
second disposition ................................. $300,000 lated person's death, whichever is earlier, is If the selling price cannot be determined
Add: Payment from Bob in 1999 ........... + 100,000 not treated as a second disposition. by the end of the tax year, the contract price
Total payments received and treated as and the gross profit percentage cannot be
received for 1999 ................................... $400,000
determined (using the same rules that apply
Multiply by gross profit % ...................... × .50 Like-Kind Exchange to an installment sale with a fixed selling
Installment sale income for 1999 ....... $200,000 price). This happens, for example, if you sell
If you trade business or investment property
Harvey will not include in his installment for the same kind of property, you can post- your business and the selling price includes
sale income any principal payments he re- pone reporting part of the gain. These trades a percentage of its profits in future years.
ceives on the installment obligation for 2000, are known as “like-kind exchanges.” The For rules on using the installment method
2001, and 2002 because he has already re- property you receive in a like-kind exchange for a contingent payment sale or a contingent
ported the total payments of $500,000 from is treated as if it were a continuation of the payment sale with unstated interest, see
the first disposition ($100,000 in 1998 and property you gave up. section 15A.453–1(c) of the regulations.
$400,000 in 1999). In a like-kind exchange, you do not have
to report any part of your gain if you receive
Example 2. Assume the facts are the only like-kind property. However, if you also Single Sale
same as Example 1 except that Bob sells the receive money or other property in the ex-
property for only $400,000. The gain for 1999 change, you must report your gain to the ex-
of Several Assets
is figured as follows: tent of the money and the FMV of the other If you sell different types of assets in a single
property received. sale, you must identify each asset to deter-
Lesser of: 1) Amount realized on second For more information on like-kind ex- mine whether you can use the installment
disposition, or 2) Contract price on first changes, see Like-Kind Exchanges in chapter method to report the sale of that asset. You
disposition .............................................. $400,000 1 of Publication 544. also have to allocate part of the selling price
Subtract: Sum of payments from Bob in to each asset. If you sell assets that constitute
1998 and 1999 ....................................... − 200,000 a trade or business, see Sale of a Business,
Amount treated as payment because of Installment payments. If, in addition to next.
second disposition ................................. $200,000 like-kind property, you receive an installment Unless an allocation of the selling price
Add: Payment from Bob in 1999 ........... + 100,000 obligation in the exchange, the following rules has been agreed to by both parties in an
Total payments received and treated as apply. arm's-length transaction, you must allocate
received for 1999 ................................... $300,000
the selling price to an asset based on its FMV.
Multiply by gross profit % ...................... × .50 1) The contract price is reduced by the If the buyer assumes a debt, or takes the
Installment sale income for 1999 ....... $150,000 FMV of the like-kind property received in property subject to a debt, you must reduce
Harvey receives a $100,000 payment in the trade. the FMV by the debt. This is the net FMV.
2000 and another in 2001. They are not taxed 2) The gross profit is reduced by any gain A sale of separate and unrelated assets
because he treated the $200,000 from the on the trade that can be postponed. of the same type under a single contract is
disposition in 1999 as a payment received reported as one transaction for the installment
and paid tax on the gain. In 2002, he receives 3) Like-kind property received in the trade method. However, if an asset is sold at a loss,
the final $100,000 payment. He figures the is not considered payment on the in- its disposition cannot be reported on the in-
gain he must recognize in 2002 as follows: stallment obligation. stallment method. It must be reported sepa-
Page 6
rately. The remaining assets sold at a gain 3) Assets sold at a loss cannot be reported Sale of partnership interest. A partner who
are reported together. on the installment method. sells a partnership interest at a gain may be
able to report the sale on the installment
Example. You sold three separate and Inventory. The sale of inventory items method. The sale of a partnership interest is
unrelated parcels of real property (A, B, and cannot be reported on the installment method. treated as the sale of a single capital asset.
C) under a single contract calling for a total All gain or loss on their sale must be reported However, the partner must allocate a portion
selling price of $130,000. The total selling in the year of sale, even if you are paid in later of the proceeds to ordinary income if the
price consisted of a cash payment of $20,000, years. partnership's assets included unrealized
the buyer's assumption of a $30,000 mort- If inventory items are included in an in- receivables and inventory items. (The term
gage on parcel B, and an installment obli- stallment sale, you may have an agreement “unrealized receivables” includes depreciation
gation of $80,000 payable in eight annual in- stating which payments are for inventory and recapture income, discussed earlier.)
stallments, plus interest at 8% a year. which are for the other assets being sold. If The gain allocated to the unrealized
Your installment sale basis for each parcel you do not, each payment must be allocated receivables and the inventory cannot be re-
was $15,000. Your net gain was $85,000 between the inventory and the other assets ported under the installment method. The
($130,000 − $45,000). You report the gain on sold. gain allocated to the other assets can be re-
the installment method. Report the amount you receive (or will re- ported under the installment method.
The sales contract did not allocate the ceive) on the sale of inventory items as ordi- For more information on the treatment of
selling price or the cash payment received in nary business income. Use your basis in the unrealized receivables and inventory, see
the year of sale among the individual parcels. items to figure the cost of goods sold and Publication 541.
The FMV of parcels A, B, and C were deduct the part of the selling expenses allo-
$60,000, $60,000, and $10,000, respectively. cated to inventory as an ordinary business
Since the installment sale basis for parcel expense.
C was more than its FMV, it was sold at a loss Example
Residual method. Except for assets ex-
and must be treated separately. You must changed under the like-kind exchange rules, On January 4, 1999, you sold the machine
allocate the total selling price and the both the buyer and seller of a business must shop you operated since 1989. You received
amounts received in the year of sale between use the residual method to allocate the sale a $100,000 down payment and the buyer's
parcel C and the remaining parcels. price to each business asset transferred. This note for $120,000. The note payments are
Of the total $130,000 selling price, you method determines gain or loss from the $15,000 each, plus 10% interest, due every
must allocate $120,000 to parcels A and B transfer of each asset. July 1 and January 1, beginning in 2000. The
together and $10,000 to parcel C. You should The residual method must be used for any total selling price is $220,000. Your selling
allocate the cash payment of $20,000 re- transfer of a group of assets that constitutes expenses are $11,000. The selling expenses
ceived in the year of sale and the note a trade or business and for which the buyer's are divided among all the assets sold, in-
receivable on the basis of the proportionate basis is determined only by the amount paid cluding inventory.
net FMV. The allocation is figured as follows: for the assets. This applies to both direct and Your selling expense for each asset is 5%
Parcels indirect transfers, such as the sale of a busi- of the asset's selling price ($11,000 selling
A and B Parcel C ness or the sale of a partnership interest in expense ÷ $220,000 total selling price).
FMV ..................................... $120,000 $10,000 which the basis of the buyer's share of the The FMV, adjusted basis, and depreci-
Minus: Mortgage assumed .. 30,000 -0- partnership assets is adjusted for the amount ation claimed on each asset sold are as fol-
Net FMV .............................. $ 90,000 $10,000 paid. A group of assets constitutes a trade lows:
Proportionate net FMV:
or business if goodwill or going concern value
Percentage of total .............. 90% 10% could, under any circumstances, attach to the Depre- Ad-
assets. ciation justed
Payments in year of sale: The residual method provides for the sale Asset FMV Claimed Basis
$20,000 × 90% .................... $18,000 price to first be reduced by cash, demand
$20,000 × 10% .................... $2,000 deposits, and similar accounts transferred by
Inventory ................... $ 10,000 -0- $ 8,000
Land .......................... 42,000 -0- 15,000
Excess of parcel B mortgage the seller. The sale price remaining after this Building ..................... 48,000 $ 9,000 36,000
over installment sale basis .. 15,000 -0- reduction must be allocated among the vari- Machine A ................. 71,000 27,200 63,800
ous business assets in a specified order. Machine B ................. 24,000 12,960 22,040
Allocation of payments The allocation must be made among the Truck ......................... 6,500 18,624 5,376
received (or considered following assets in proportion to (but not in $201,500 $67,784 $150,216
received) in year of sale .. $ 33,000 $ 2,000 excess of) their FMV on the purchase date in Under the residual method, you allocate
You cannot report the sale of parcel C on the following order. the selling price to each of the assets based
the installment method because the sale re- on their FMV ($201,500). The remaining
sults in a loss. You report this loss of $5,000 1) Certificates of deposit, U.S. Government amount is allocated to your section 197 in-
($10,000 selling price − $15,000 installment securities, readily marketable stock or tangible, goodwill ($18,500).
sale basis) in the year of sale. However, if securities, and foreign currency. The assets included in the sale, their sell-
parcel C was held for personal use, the loss ing prices based on their FMVs, the selling
is not deductible. 2) All other assets except section 197 in-
expense allocated to each asset, the adjusted
You allocate the installment obligation of tangibles.
basis, and the gain for each asset are shown
$80,000 to the properties sold based on their 3) Section 197 intangibles, except intangi- in the following chart.
proportionate net FMVs (90% to parcels A ble assets in the nature of goodwill and
and B, 10% to parcel C). going concern value. Sale Sale Adj.
Price Exp. Basis Gain
4) Section 197 intangibles in the nature of
Sale of a Business goodwill and going concern value. Inventory ..... $ 10,000 $ 500 $ 8,000
Land ........... 42,000 2,100 15,000
$ 1,500
24,900
The installment sale of an entire business for Building ....... 48,000 2,400 36,000 9,600
one overall price under a single contract is More information. For more information, Mch. A ........ 71,000 3,550 63,800 3,650
not the sale of a single asset. see Sale of a Business in chapter 2 of Publi- Mch. B ........ 24,000 1,200 22,040 760
cation 544. For more information on section Truck .......... 6,500 325 5,376 799
Allocation of selling price. The selling price 197 intangibles, see chapter 12 of Publication Goodwill ...... 18,500 925 -0- 17,575
must be allocated for each asset class for the 535. $220,000 $11,000 $150,216 $58,784
following reasons. The building was acquired in 1989, the
How to report the sale of a business. Both year the business began, and it is section
1) The sale of a business generally in- 1250 property. There is no depreciation re-
the seller and buyer must prepare and attach
cludes real and personal property that capture income because the building was
Form 8594, Asset Acquisition Statement Un-
can be reported on the installment depreciated using the straight line method.
der Section 1060, to their income tax return
method and inventory items that cannot. All gain on the truck, machine A, and ma-
for the year the sale occurred. If the amount
2) Any depreciation recapture income from allocated to any asset is increased or de- chine B is depreciation recapture income
the sale of depreciable property cannot creased after Form 8594 is filed, a supple- since it is the lesser of the depreciation
be reported on the installment method. mental statement in Part III of a new Form claimed or the gain on the sale. Figure de-
It is reported in full in the year of the sale. 8594 must be completed. preciation recapture in Part III of Form 4797.

Page 7
The total depreciation recapture income Installment income after 1999. You figure present values of all principal and interest
reported in Part II of Form 4797 is $5,209. installment income for years after 1999 by payments called for under the contract. The
This consists of $3,650 on machine A, $799 applying the same gross profit percentages present value of a payment is determined
on the truck, and $760 on machine B (the to 49.3% of the total payments you receive based on the test rate of interest, defined
gain on each item since it was less than the on the buyer's note during the year. next. (If section 483 applies to the contract,
depreciation claimed). These gains are re- payments due within six months after the sale
ported in full in the year of sale and are not are taken into account at face value.) In gen-
included in the installment sale computation. Unstated Interest and eral, an installment sale contract provides for
Of the $220,000 total selling price, the Original Issue Discount adequate stated interest if the stated interest
$10,000 for inventory assets cannot be re- rate (based on an appropriate compounding
ported on the installment method. The selling Note: Section references are to the Internal period) is at least equal to the test rate of
prices of the truck and machines are also re- Revenue Code and regulation references are interest.
moved from the total selling price because to the Income Tax Regulations under the Test rate of interest. The test rate of
gain on these items is reported in full in the Code. interest for a contract is the 3-month rate. The
year of sale. An installment sale contract generally 3-month rate is the lower of the following ap-
The selling price equals the contract price provides that each deferred payment on the plicable federal rates (AFRs).
for the installment sale ($108,500). The as- sale will include interest or that there will be
sets included in the installment sale, their an interest payment in addition to the principal • The lowest AFR (based on the appropri-
selling price, and their installment sale basis payment. Interest provided in the contract is ate compounding period) in effect during
are shown in the following chart. called stated interest. the 3-month period ending with the first
If an installment sale contract does not month in which there is a binding written
Install- provide for adequate stated interest, part of contract that substantially provides the
ment the stated principal amount of the contract terms under which the sale or exchange
Selling Sale Gross may be recharacterized as interest. If section is ultimately completed.
Price Basis Profit 483 applies to the contract, this interest is
Land .......................... $ 42,000 $17,100 $24,900 called unstated interest. If section 1274 ap- • The lowest AFR (based on the appropri-
Building ..................... 48,000 38,400 9,600 plies to the contract, this interest is called ate compounding period) in effect during
Goodwill .................... 18,500 925 17,575 original issue discount (OID). the 3-month period ending with the month
Total ......................... $108,500 $56,425 $52,075 An installment sale contract does not pro- in which the sale or exchange occurs.
The gross profit percentage (gross profit vide for adequate stated interest if the stated
Applicable federal rate (AFR). The AFR
÷ contract price) for the installment sale is interest rate is lower than the test rate, de-
depends on the month the binding contract for
48% ($52,075 ÷ $108,500). The gross profit fined later.
the sale or exchange of property is made and
percentage for each asset is figured as fol- the term of the instrument. For an installment
lows: Treatment of unstated interest and OID. obligation, the term of the instrument is its
Generally, the unstated interest rules do not weighted average maturity, as defined in
Percentage apply to a debt given in consideration for a section 1.1273–1(e)(3) of the regulations. The
Land— $24,900 ÷ $108,500 .......................... 22.95 sale or exchange of personal-use property. AFR for each term is shown below.
Building— $9,600 ÷ $108,500 ....................... 8.85 Personal-use property is any property in
Goodwill— $17,575 ÷ $108,500 .................... 16.20 which substantially all of its use by the buyer • For a term of 3 years or less, the AFR is
Total .............................................................. 48.00 is not in connection with a trade or business the federal short-term rate.
Since the sale includes assets sold on the or an investment activity.
Rules for the seller. If either section • For a term of over 3 years, but not over
installment method and assets for which the 9 years, the AFR is the federal mid-term
gain is reported in full in the year of sale, 1274 or section 483 applies to the installment
sale contract, you must treat part of the in- rate.
payments must be allocated between the in-
stallment part of the sale and the part re- stallment sale price as interest, even though • For a term of over 9 years, the AFR is the
ported in the year of sale. The selling price it is not called interest in the sales agreement. federal long-term rate.
for the installment sale is $108,500. This is You must reduce the stated selling price of
49.3% of the total selling price of $220,000 the property and increase your interest in- The applicable federal rates are pub-
($108,500 ÷ $220,000). The selling price of come by this interest. lished monthly in the Internal Reve-
assets not reported on the installment method You must include unstated interest in in- nue Bulletin (IRB). You can get this
is $111,500. This is 50.7% ($111,500 ÷ come based on your regular method of ac- information by contacting an IRS office. IRBs
$220,000) of the total selling price. counting. You must include OID in income are also available on the Internet at
Multiply principal payments by 49.3% to over the term of the contract. www.irs.gov.
determine the part of the payment for the in- The OID includible in income each year is
stallment sale. The balance, 50.7%, is for the based on the constant yield method described Seller financed sales. For sales or ex-
part reported in the year of the sale. in section 1272. (In some cases, the OID on changes of property (other than new section
The gain on the sale of the inventory, an installment sale contract also may include 38 property, which includes most tangible
machines, and truck is reported in full in the all or part of the stated interest, especially if personal property) involving seller financing
year of sale. When you receive principal the stated interest is not paid at least annu- of $3,885,500 or less, the test rate of interest
payments in later years, no part of the pay- ally.) cannot be more than 9%, compounded
ment for the sale of these assets is included If you do not use the installment method semiannually. For seller financing over
in gross income. Only the part for the in- to report the sale, report the entire gain in the $3,885,500 and for all sales or exchanges of
stallment sale (49.3%) is used in the install- year of sale. You must reduce the selling new section 38 property, the test rate of in-
ment sale computation. price by any stated principal treated as inter- terest is 100% of the AFR.
The only payment received in 1999 is the est to determine the gain. For information on new section 38 prop-
down payment of $100,000. The part of the You must report unstated interest or OID erty, see section 48(b) of the Internal Reve-
payment for the installment sale is $49,300 on your tax return, as well as stated interest. nue Code, as in effect before the enactment
($100,000 × 49.3%). This amount is used in of Public Law 101–508.
the installment sale computation. Rules for the buyer. Any part of the stated Certain land transfers between related
selling price of an installment sale contract persons. In the case of certain land transfers
treated by the buyer as interest reduces the between related persons (described later),
Installment income for 1999. Your install- buyer's basis in the property and increases the test rate is no more than 6 percent, com-
ment income for each asset is the gross profit the buyer's interest expense. These rules do pounded semiannually.
percentage for that asset times $49,300, the not apply to personal-use property (for ex-
installment income received in 1999. ample, property not used in a trade or busi- Internal Revenue Code sections 1274 and
ness). 483. If an installment sale contract does not
Income provide for adequate stated interest, either
Land—22.95% of $49,300 ......................... $11,314 Adequate stated interest. An installment section 1274 or section 483 generally will
Building—8.85% of $49,300 ...................... 4,363 sale contract generally provides for adequate apply to the contract. These sections rechar-
Goodwill—16.2% of $49,300 ..................... 7,987 stated interest if the contract's stated principal acterize part of the stated principal amount
Total installment income for 1999 ......... $23,664 amount is at least equal to the sum of the as interest. Whether either of these sections
Page 8
apply to a particular installment sale contract ever, generally does not apply to an install-
depends on several factors, including the total ment sale contract that arises from the fol-
Disposition of
selling price and the type of property sold. lowing transactions. Installment Obligation
A disposition generally includes a sale, ex-
Section 1274. Section 1274 applies to a debt • A sale or exchange for which no pay- change, cancellation, bequest, distribution,
instrument issued for the sale or exchange ments are due more than one year after or transmission of an installment obligation.
of property if any payment under the instru- the date of the sale or exchange. An “installment obligation” is the buyer's note,
ment is due more than 6 months after the deed of trust, or other evidence the buyer will
date of the sale or exchange and the instru-
• A sale or exchange for which the total
payments are $3,000 or less. make future payments to you.
ment does not provide for adequate stated If you are using the installment method
interest. Section 1274, however, does not and you dispose of the installment obligation,
apply to an installment sale contract that is a Exceptions to sections 1274 and 483. you generally have a gain or loss to report. It
cash method debt instrument (defined next) Sections 1274 and 483 do not apply under the is considered gain or loss on the sale of the
or that arises from the following transactions. following circumstances. property for which you received the install-
ment obligation. If the original installment sale
• A sale or exchange for which the total • An assumption of a debt instrument pur- produced ordinary income, the disposition of
payments are $250,000 or less. suant to a sale or exchange or the ac- the obligation will result in ordinary income
quisition of property subject to a debt in- or loss. If the original sale resulted in a capital
• The sale or exchange of an individual's
strument, unless the terms or conditions gain, the disposition of the obligation will re-
main home.
of the debt instrument are modified in a sult in a capital gain or loss.
• The sale or exchange of a farm for manner that would constitute a deemed Use the following rules to figure your gain
$1,000,000 or less by an individual, an exchange under section 1.1001-3 of the or loss from the disposition of an installment
estate, a testamentary trust, small busi- regulations. obligation.
ness corporation (defined in section
1244(c)(3)), or a domestic partnership • A debt instrument issued pursuant to a
sale or exchange of property if either the 1) If you sell or exchange the obligation,
that meets requirements similar to those or if you accept less than face value in
of section 1244(c)(3). debt instrument or the property is publicly
traded (for example, traded on an estab- satisfaction of the obligation, the gain or
• Certain land transfers between related lished securities market). loss is the difference between your basis
persons (described later). in the obligation and the amount you re-
• A sale or exchange of all substantial alize.
Cash method debt instrument. This is rights to a patent, or an undivided interest
in property that includes part or all sub- 2) If you dispose of the obligation in any
any debt instrument given as payment for the
stantial rights to a patent, if any amount other way, the gain or loss is the differ-
sale or exchange of property (other than new
is contingent on the productivity, use, or ence between your basis in the obli-
section 38 property) with a stated principal of
disposition of the property transferred. gation and its FMV at the time of the
$2,775,400 or less if the following items ap-
See Publication 544 for more information. disposition. This rule applies, for exam-
ply.
ple, when you give the installment obli-
• An annuity contract issued pursuant to a gation to someone else or cancel the
1) The lender (holder) does not use an ac- sale or exchange of property if the con-
crual method of accounting and is not a buyer's debt to you.
tract is described in section 1275(a)(1)(B)
dealer in the type of property sold or of the Code and section 1.1275–1(j) of
exchanged. the regulations. Basis. Figure your basis in an installment
obligation by multiplying the unpaid balance
2) Both the borrower (issuer) and the lender • A transfer of property subject to section on the obligation by your gross profit per-
jointly elect to account for interest on the 1041 of the Code (relating to transfers of centage. Subtract that amount from the un-
debt instrument under the cash method property between spouses or incident to paid balance. The result is your basis in the
of accounting. divorce). installment obligation.
3) Section 1274 would apply except for the • A demand loan that is a below-market
election in (2) above. Example. Several years ago, you sold
loan described in section 7872(c)(1) of
property on the installment method. The
the Code (for example, gift loans and
Land transfers between related per- buyer still owes you $10,000 of the sale price.
corporation-shareholder loans).
sons. The section 483 rules (discussed next) This is the unpaid balance on the buyer's in-
apply to debt instruments issued in a land • A below-market loan described in section stallment obligation to you. Because your
sale between related persons to the extent 7872(c)(1) of the Code issued pursuant gross profit percentage is 60%, $6,000 (60%
the sum of the following amounts does not to the sale or exchange of personal-use × $10,000) is the profit owed you on the obli-
exceed $500,000. property. This rule applies only to the gation. The rest of the unpaid balance,
holder. $4,000, is your basis in the obligation.
• The stated principal of the debt instru-
ment issued in the sale or exchange. Determining whether section 1274 or sec- Transfer between spouses or former
• The total stated principal of any other tion 483 applies. For purposes of determin- spouses. No gain or loss is recognized on
debt instruments for prior land sales be- ing whether section 1274 or section 483 ap- the transfer of an installment obligation be-
tween these individuals during the calen- plies to an installment sale contract, all sales tween a husband and wife or a former hus-
dar year. or exchanges that are part of the same band and wife if incident to a divorce. A
transaction (or related transactions) are transfer is incident to a divorce if it occurs
treated as single sale or exchange and all within one year after the date on which the
The section 1274 rules, if otherwise ap- contracts arising from the same transaction marriage ends or is related to the end of the
plicable, apply to debt instruments issued in (or a series of related transactions) are marriage. The same tax treatment of the
a sale of land to the extent the stated principal treated as a single contract. Also, the total transferred obligation applies to the
amount is in excess of $500,000, or if any consideration due under an installment sale transferee spouse or former spouse as would
party to the sale is a nonresident alien. contract is determined at the time of the sale have applied to the transferor spouse or for-
Related persons include an individual and or exchange. Any payment (other than a debt mer spouse. The basis of the obligation to
the members of the individual's family and instrument) is taken into account at its FMV. the transferee spouse (or former spouse) is
their spouses. Members of an individual's the adjusted basis of the transferor spouse.
family include the individual's spouse, brother More information. For information on figur- The nonrecognition rule does not apply if
and sister (whole or half), ancestors, and ing unstated interest and OID and other spe- the spouse or former spouse receiving the
lineal descendants. cial rules, see sections 1274 and 483 of the obligation is a nonresident alien.
Internal Revenue Code and the related regu-
Section 483. Section 483 generally applies lations. In the case of an installment sale Gift. A gift of an installment obligation is a
to an installment sale contract that does not contract that provides for contingent pay- disposition. The gain or loss is the difference
provide for adequate stated interest and is not ments, see sections 1.1275–4(c) and 1.483–4 between your basis in the obligation and its
covered by section 1274. Section 483, how- of the regulations. FMV at the time you make the gift.
Page 9
For gifts between spouses or former possess the property, whether you foreclose Gain or loss. If the FMV of the repossessed
spouses, see Transfers between spouses or or the buyer voluntarily surrenders the prop- property is more than the total of your ba-
former spouses, earlier. erty to you. However, it is not a repossession sis in the obligation plus any repossession
if the buyer puts the property up for sale and costs, you have a gain. If the FMV is less,
Cancellation. If an installment obligation is you repurchase it. you have a loss. Your gain or loss on the
canceled or otherwise becomes unenforce- For the repossession rules to apply, the repossession is of the same character
able, it is treated as a disposition other than repossession must at least partially discharge (capital or ordinary) as your gain on the
a sale or exchange. Your gain or loss is the (satisfy) the buyer's installment obligation to original sale.
difference between your basis in the obli- you. The discharged obligation must be se-
gation and its FMV at the time you cancel it. cured by the property you repossess. This Use the following worksheet to deter-
If the parties are related, the FMV of the ob- requirement is met if the property is auctioned mine the taxable gain or loss on a
ligation is considered to be no less than its full off after you foreclose and you apply the in- repossession of personal property re-
face value. stallment obligation to your bid price at the ported on the installment method.
auction. 1) FMV of property repossessed .................
Forgiving part of the buyer's debt. If you 2) Unpaid balance of installment
accept part payment on the balance of the Reporting the repossession. You report obligation .....................................
buyer's installment debt to you and forgive the gain or loss from a repossession on the same 3) Unrealized profit
form you used to report the original sale. If (line 2 × gross profit %) ..............
rest of the debt, you treat the settlement as 4) Basis of obligation
a disposition of the installment obligation. The you reported the sale on Form 4797, use it to
(line 2 − line 3) ............................
gain or loss is the difference between your report the gain or loss on the repossession. 5) Plus: Repossession costs ...........
basis in the obligation and the amount you 6) Gain or loss on repossession
realize on the settlement. Personal Property (line 1 − line 5) .......................................
If you reduce the selling price but do not If you repossess personal property, you may
cancel the rest of the buyer's debt to you, it have a gain or a loss on the repossession. In
is not considered a disposition of the install- some cases, you may also have a bad debt. Example. You sold your piano for $1,500
ment obligation. You must refigure the gross To figure your gain or loss, subtract the in December 1998 for $300 down and $100
profit percentage and apply it to payments total of your basis in the installment obligation a month (plus interest). The payments began
you receive after the reduction. See Selling and any repossession expenses you have in January 1999. Your gross profit percentage
price reduced under General Rules, earlier. from the FMV of the property. If you receive is 40%. You reported the sale on the install-
anything from the buyer besides the repos- ment method on your 1998 income tax return.
Assumption. If the buyer of your property sessed property, it is added to the property's After the fourth monthly payment, the buyer
sells it to someone else and you agree to let FMV before making this calculation. defaults on the contract (which has an unpaid
the new buyer assume the original buyer's How you figure your basis in the install- balance of $800) and you are forced to fore-
installment obligation, you have not disposed ment obligation depends on whether or not close on the piano. The FMV of the piano on
of the installment obligation. It is not a dispo- you reported the original sale on the install- the date of repossession is $1,400. The legal
sition even if the new buyer pays you a higher ment method. The method you used to report costs of foreclosure and the expense of
rate of interest than the original buyer. the original sale also affects the character of moving the piano back to your home total
your gain or loss on the repossession. $75. You figure your gain on the repossession
Transfer due to death. The transfer of an as follows:
installment obligation (other than to a buyer) For sales not reported on the installment
as a result of the death of the seller (or other 1) FMV of property repossessed ................ $1,400
method: See Electing Out of Installment 2) Unpaid balance of installment
holder of the obligation) is not a disposition. Method, earlier. obligation .................................... $800
Any unreported gain from the installment ob- 3) Unrealized profit
ligation is not treated as gross income to the Basis in installment obligation. Your basis (line 2 × gross profit %) .............. 320
decedent. No income is reported on the de- is figured on its full face value or its FMV 4) Basis of obligation
cedent's return due to the transfer. This at the time of the original sale, whichever (line 2 − line 3) ........................... 480
means whoever receives the installment obli- you used to figure your gain or loss in the 5) Plus: Repossession costs .......... 75 555
gation as a result of the seller's death is taxed 6) Gain on repossession
year of sale. From this amount, subtract
(line 1 − line 5) ....................................... $ 845
on the installment payments the same as the all payments of principal you have received
seller would have been if the seller had lived on the obligation. The result is your basis
to receive the payments. in the installment obligation. If only part of Basis in repossessed property. Your basis
However, if an installment obligation is the obligation is discharged by the repos- in repossessed personal property is its FMV
canceled, becomes unenforceable, or is session, figure your basis in only that part. at the time of the repossession.
transferred to the buyer because of the death
of the holder of the obligation, it is a disposi- Gain or loss. Add any repossession costs to Fair market value (FMV). The FMV of re-
tion. The estate must figure its gain or loss your basis in the obligation. If the FMV of possessed property is a question of fact to
on the disposition. If the holder and the buyer the property you repossess is more than be established in each case. If you bid for the
were related, the FMV of the installment obli- this total, you have a gain. Because it is property at a lawful public auction or judicial
gation is considered to be no less than its full gain on the installment obligation, it is all sale, its FMV is presumed to be the price it
face value. ordinary income. If the FMV of the repos- sells for, unless there is clear and convincing
sessed property is less than the total of evidence to the contrary.
your basis plus repossession costs, you
Repossession have a loss. Because you included the full
Real Property
gain in income in the year of sale, the loss
If you repossess your property after making is a bad debt. How you deduct the bad The rules for the repossession of real prop-
an installment sale, you must figure the fol- debt depends on whether you sold busi- erty allow you to keep essentially the same
lowing amounts. ness or nonbusiness property in the ori- adjusted basis in the repossessed property
ginal sale. See Publication 550 for infor- as you had before the original sale. You can
1) Your gain (or loss) on the repossession.
mation on nonbusiness bad debts and recover this entire adjusted basis when you
2) Your basis in the repossessed property. chapter 14 of Publication 535 for informa- resell the property. This, in effect, cancels
tion on business bad debts. out the tax treatment that applied to you on
The rules for figuring these amounts de- the original sale and puts you in the same tax
pend on the kind of property you repossess. For sales reported on the installment position you were in before that sale.
The rules for repossessions of personal method: Therefore, the total payments you have
property differ from those for real property. received from the buyer on the original sale
Special rules may apply if you repossess Basis in installment obligation. Multiply the must be considered income to you. You re-
property that was your main home before the unpaid balance of your installment obli- port, as gain on the repossession, any part
sale. gation by your gross profit percentage. of the payments you have not yet included in
The repossession rules apply whether or Subtract that amount from the unpaid bal- income. These payments are amounts you
not title to the property was ever transferred ance. The result is your basis in the in- previously treated as a return of your adjusted
to the buyer. It does not matter how you re- stallment obligation. basis and excluded from income. However,
Page 10
the total gain you report is limited, as dis- Repossession costs. Your repossession To figure your adjusted basis in the install-
cussed later. costs include money or property you pay to ment obligation at the time of repossession,
reacquire the real property. This includes multiply the unpaid balance by the gross profit
Mandatory rules. The rules concerning ba- amounts paid to the buyer of the property, as percentage. Subtract that amount from the
sis and gain on repossessed real property are well as amounts paid to others for such items unpaid balance.
mandatory. You must use them to figure your as those listed below.
Use the following worksheet to deter-
basis in the repossessed real property and mine the basis of real property re-
your gain on the repossession. They apply 1) Court costs.
possessed.
whether or not you reported the sale on the 2) Legal fees.
installment method. However, they apply only 1) Unpaid balance of obligation ....................
if all of the following conditions are met. 3) Publishing, acquiring, filing, or recording 2) Minus: Unrealized profit
of title. (line 1 × gross profit %) ................
1) The repossession must be to protect 3) Adjusted basis (date of repossession) ......
your security rights in the property. 4) Lien clearance. 4) Plus: Taxable gain
on repossession .................
2) The installment obligation satisfied by Repossession costs do not include the Repossession costs ............
the repossession must have been re- FMV of the buyer's obligations to you that are 5) Basis of repossessed real property ......
ceived in the original sale. secured by the real property.
Example. Assume the same facts as the
3) You cannot pay any additional consid- Use the following worksheet to deter-
preceding example. The unpaid balance of
eration to the buyer to get your property mine the taxable gain on a repos-
the installment obligation (the $20,000 note)
back, unless either of the situations session of real property reported on
is $16,000 at the time of repossession be-
listed below apply. the installment method.
cause the buyer made a $4,000 payment.
a) The reacquisition and payment of 1) Payments received before repossession .. The gross profit percentage on the original
the additional consideration were 2) Minus: Gain reported ................................ sale was 20%. Therefore, $3,200 (20% ×
provided for in the original contract 3) Gain on repossession ............................... $16,000 still due on the note) is unrealized
of sale. 4) Gross profit on sale ................................... profit. You figure your basis in the repos-
5) Gain reported (line 2) ..................... sessed property as follows:
b) The buyer has defaulted, or default 6) Plus: Repossession costs ...............
is imminent. 7) Subtract line 6 from line 4 ......................... Unpaid balance of obligation ..................... $16,000
Minus: Unrealized profit ............................ 3,200
8) Taxable gain (lesser of line 3 or 7) ....... Adjusted basis (date of repossession) ...... $12,800
“Additional consideration” includes money
and other property you pay or transfer to the Plus: Taxable gain
on repossession ................ $2,700
buyer. For example, additional consideration Example. You sold a tract of land in Repossession costs .......... 500 3,200
is paid if you reacquire the property subject January 1997 for $25,000. You accepted from Basis of repossessed real property ...... $16,000
to a debt that arose after the original sale. the buyer a $5,000 down payment, plus a
Conditions not met. If any one of these $20,000 mortgage secured by the property
three conditions is not met, use the rules and payable at the rate of $4,000 annually Holding period for resales. If you resell the
discussed under Personal Property, earlier, plus interest (9.5%). The payments began on repossessed property, the resale may result
as if the property you repossess were per- January 1, 1998. Your adjusted basis in the in a capital gain or loss. To figure whether the
sonal rather than real property. Do not use the property was $19,000 and you reported the gain or loss is long-term or short-term, your
rules for real property. transaction as an installment sale. Your sell- holding period includes the period you owned
ing expenses were $1,000. You figured your the property before the original sale plus the
gross profit as follows: period after the repossession. It does not in-
Figuring gain on repossession. Your gain
clude the period the buyer owned the prop-
on repossession is the difference between the
Selling price ............................................... $25,000 erty.
following amounts.
Minus: If the buyer made improvements to the
Adjusted basis ......................... $19,000 reacquired property, the holding period for
1) The total payments received, or consid- Selling expenses ..................... 1,000 20,000
ered received, on the sale. these improvements begins on the day after
Gross profit .............................................. $ 5,000
the date of repossession.
2) The total gain already reported as in- For this sale, the contract price equals the
come. selling price. The gross profit percentage is Bad debt. If you repossess real property
20% ($5,000 gross profit ÷ $25,000 contract under these rules, you cannot take a bad debt
See the earlier discussions under Payments price). deduction for any part of the buyer's install-
Received for items considered payment on In 1997, you included $1,000 in income ment obligation. This is true even if the obli-
the sale. (20% × $5,000 down payment). In 1998, you gation is not fully satisfied by the repos-
Limit on taxable gain. Taxable gain is reported a profit of $800 (20% × $4,000 an- session.
limited to your gross profit on the original sale nual installment). In 1999, the buyer de- If you took a bad debt deduction before
minus the sum of the following amounts. faulted and you repossessed the property. the tax year of repossession, you are con-
You paid $500 in legal fees to get your prop- sidered to have recovered the bad debt when
1) The gain on the sale you reported as erty back. Your taxable gain on the repos- you repossess the property. You must report
income before the repossession. session is figured as follows: the bad debt deduction you took in the earlier
2) Your repossession costs. year as income in the year of repossession.
1) Payments received before repossession . $9,000 However, if any part of the earlier deduction
2) Minus: Gain reported .............................. 1,800
This method of figuring taxable gain, in es- 3) Gain on repossession ............................. $7,200 did not reduce your tax, you do not have to
sence, treats all payments received on the report that part as income. Your adjusted ba-
4) Gross profit on sale ................................. $5,000 sis in the installment obligation is increased
sale as income, but limits your total taxable 5) Gain reported (line 2) ................. $1,800
gain to the gross profit you originally expected 6) Plus: Repossession costs ........... 500 2,300
by the amount you report as income from re-
on the sale. 7) Subtract line 6 from line 4 ....................... $2,700 covering the bad debt.
Indefinite selling price. The limit on 8) Taxable gain (lesser of line 3 or 7) ..... $2,700
taxable gain does not apply if the selling price
is indefinite and cannot be determined at the
time of repossession. For example, a selling Basis. Your basis in the repossessed prop-
erty is determined as of the date of repos-
Reporting an
price stated as a percentage of the profits to
be realized from the buyer's development of session. It is the sum of the following Installment Sale
the property is an indefinite selling price. amounts.
Character of gain. The taxable gain on Form 6252. Use Form 6252 to report a sale
repossession is ordinary income or capital 1) Your adjusted basis in the installment of property on the installment method. The
gain, the same as the gain on the original obligation. form is used to report the sale in the year it
sale. However, if you did not report the sale 2) Your repossession costs. takes place and to report payments received
on the installment method, the gain is ordi- in later years. Also, if you sold property to a
nary income. 3) Your taxable gain on the repossession. related person, you may have to file the form
Page 11
each year until the installment debt is paid off, Forms 1041 (estates and trusts), 1065 (part- Line 11. Mark's only selling expenses
whether or not you receive a payment in that nerships), 1120 or 1120–A (corporations), or were $150 in legal fees. If he had advertised
year. 1120S (S corporations). the lot for sale or paid commission on the
Related person. If you sell marketable Form 4797. An installment sale of prop- sale, he would have included those amounts
securities to a related person, complete Part erty used in your business or property that also.
III, Form 6252, for each year of the installment earns rent or royalty income may result in a Line 12. Since no depreciation was
agreement, even if you do not receive a pay- capital gain, an ordinary gain, or both. All or claimed on the land, Mark has no recapture
ment in that year. part of any gain from its disposition may be of income.
If you sell property other than marketable ordinary gain from depreciation recapture. Line 13. Mark's installment sale basis is
securities to a related person, complete Part Use Form 4797 to report these transactions $2,800, the total of his adjusted basis in the
III for the year of sale and the 2 years fol- and to determine the ordinary or capital gain property plus his selling expenses.
lowing the year of sale, even if you do not or loss. Line 14. Mark subtracts line 13 from line
receive a payment. After this 2-year period, Form 4797 is used with estate and trust, 5 and enters the result, $11,900.
you do not have to fill out Part III. partnership, corporation, and S corporation Lines 15 and 16. The property Mark sold
If the related person to whom you sold returns, as well as individual returns. was not his home. He carries the amount on
your property disposes of it, you may have to line 14 to line 16. This is his gross profit on
immediately report the rest of your gain in Payments past due. If you use the cash the sale.
Part III. See Rule 2—Sale and Resale under method of accounting, do not report payments Line 17. Mark subtracts line 13, $2,800,
Sale to Related Person, earlier, for more in- of principal you have not yet received, even from line 6, $6,500. The result, $3,700, is the
formation. if they are past due. However, if you use an amount by which the assumed loans are
Several assets. If you sell two or more accrual method of accounting, you accrue any more than his installment sale basis in the
assets in one installment sale, you may have payment due, even if you have not received property. This amount is treated as a payment
to separately report the sale of each asset. it. in the year of sale on line 20.
The same is true if you sell all the assets of Line 18. The contract price is the sum of
your business in one installment sale. See all payments Mark will receive on the sale.
Single Sale of Several Assets and Sale of a Examples This includes the down payment and all in-
Business, earlier. The following examples illustrate how to fill stallment payments he will receive (line 7). It
If you have only a few sales to separately out Form 6252. Sample filled-in forms follow. also includes the “payment” figured on line
report, you can use a separate Form 6252 for 17.
each one. However, if you have to separately
report the sales of many assets that you sold Part II. In this part, Mark figures the gain from
together, do not prepare a separate Form Example 1 the sale he must report for 1999.
6252 for each one. Instead, prepare one On November 1, 1999, Mark Moore sold a lot Line 19. Mark's gross profit percentage
Form 6252 and attach a schedule with all the that he bought on February 17, 1992, for for the sale is 100%. This is the gross profit
information for each asset that is required by $2,650. He borrowed more on the lot than he on line 16, $11,900, divided by the contract
Form 6252. Complete Form 6252 by following had paid for it. At the time of the sale, $6,500 price on line 18, also $11,900.
the steps listed below. remained outstanding on these loans. In the Line 20. Mark carries the amount he
sales contract, the buyer agreed to assume treats as a payment on line 17 to this line and
1) Answer the questions at the top of the these loans and pay Mark $200 a month (plus it is added to the other payments he received
form. 7% interest) for 3 years. In addition, the buyer in the year of sale.
made a down payment of $1,000 on the sale. Line 21. At the time of the sale, Mark
2) In the year of sale, do not complete Part
Mark fills out his 1999 Form 6252 as fol- received a down payment of $1,000. In De-
I. Instead, write “See attached
lows: cember 1999, he received his first monthly
schedule” in the margin.
installment payment. The total payment was
3) For Part II, enter the total for all the as- Line 1. Mark writes in a description of the lot $242, consisting of $42 interest (one month's
sets on lines 24, 25, and 26. he sold. interest on $7,200 figured at 7% a year) and
$200 principal. This is the only installment
4) For Part III, answer all the questions that payment he received in 1999. He enters the
apply. If none of the exceptions under Lines 2a and 2b. Mark enters the date he
total received during 1999, $1,200 ($1,000 +
question 29 apply, enter the totals on acquired the lot and the date he sold it.
$200), on this line. He reports the $42 interest
lines 35, 36, and 37 for the disposed on Form 1040.
assets. Line 3. Because Mark sold the lot to Acme Line 22. Mark enters $4,900, the sum of
Design, a partnership of which he is a mem- line 20 and line 21. This is the total of all
Special situations. If you are reporting ber, he checks the “Yes” box. payments he is considered to have received
payments from an installment sale as income in 1999.
in respect of a decedent or as a beneficiary Line 4. The property Mark sold was not a Line 23. Since 1999 is the year of sale,
of a trust, including a partial interest in such marketable security (such as stock or a Mark makes no entry here.
a sale, you may not be able to provide all the bond). He checks the “No” box. Because he Line 24. The gross profit percentage (line
information asked for on Form 6252. To the sold the lot to a related person, he must 19) is 100%. Therefore, the entire amount on
extent possible, follow the instructions given complete Part III for 1999 and the next 2 line 22, $4,900, is taxable gain. Mark enters
above and provide as many details as possi- years. this amount on line 24.
ble in a statement attached to Form 6252. Lines 25 and 26. Because the lot Mark
For more information on how to complete Part I. Mark uses this part of the form to sold was not depreciable property, he does
Form 6252, see the form instructions. figure the contract price and his gross profit not have to recapture any depreciation de-
on the sale. ductions as ordinary gain. All his gain on the
Other forms. The gain from Form 6252 is Line 5. Mark enters the selling price, sale is long-term capital gain. He carries the
carried over and entered on Schedule D $14,700. This includes the $1,000 down pay- amount on line 26 to Schedule D (Form 1040)
(Form 1040), Capital Gains and Losses, Form ment, the $7,200 (36 × $200) in monthly where it is included with other long-term cap-
4797, Sales of Business Property, or both. payments he is to receive, and the $6,500 in ital gains.
Schedule D (Form 1040). Enter the gain loans the buyer assumes.
figured on Form 6252 for personal-use prop- Line 6. Mark enters the $6,500 in out- Part III. Because Mark sold the lot to his
erty (capital assets) on Schedule D (Form standing loans that the buyer assumes. partnership, a “related person,” he must fill
1040). If your gain from the installment sale Line 7. Mark subtracts line 6 from line 5 out this part. The property he sold was not a
qualifies for long-term capital gain treatment and enters the difference, $8,200. marketable security and he completes this
in the year of sale, it will continue to qualify Line 8. Because he did not make any part for 1999, 2000, and 2001.
in later tax years. Your gain is long-term if you improvements to the lot, Mark's basis at the Line 27. Mark enters the name, address,
owned the property for more than one year time of the sale was the lot's cost of $2,650. and employer identification number of the
when you sold it. Lines 9 and 10. Mark did not take de- partnership that bought the lot.
Although the references in this publication preciation deductions on the lot (land is never Line 28. The partnership did not sell the
are to the Schedule D for Form 1040, the depreciable). The amount on line 8 carries lot in 1999. Mark checks the “No” box and he
rules discussed also apply to Schedule D for over to line 10. does not have to fill out the rest of Part III.
Page 12
Example 2 Line 1. Cora states the property she sold Line 20. Since this is not the year of sale,
was an oil painting. Cora enters zero on this line.
In December 1998, Cora Blue sold a painting Line 21. Cora enters the total amount
she inherited. The buyer paid her $700 down Lines 2a and 2b. She enters the date she (minus interest) that she received on the sale
and gave her an installment note for $3,800. acquired the painting and the date she sold in 1999, $1,806.
The note calls for quarterly payments of $530 it. Line 22. The amount on line 21 carries
until the $3,800 debt is paid off, in about 2 over to line 22.
years. Each $530 payment includes interest Line 3. The buyer was not related to Cora. Line 23. Before 1999, Cora received only
figured at 10% a year on the outstanding She checks the “No” box. the $700 down payment.
debt. She received her first 4 payments on the Line 24. Cora multiplies the gross profit
note in 1999. The principal and interest she Line 4. Because she checked “No” to ques- percentage of 22.7% (line 19), by the amount
received in each payment is given in the table tion 3, Cora does not have to answer this she was paid in 1999 (line 22), $1,806. The
below: question or fill out Part III of the form. result, $410, is the gain she had on the sale
in 1999.
Payment Interest Principal Part I. Cora completed Part I of her Form Lines 25 and 26. Cora did not use the
6252 for the year of sale, 1998. She does painting in a business. It was not depreciable
First ....................................... $ 95.00 $ 435.00 not fill it out for the remaining years of the and the recapture rules do not apply. The
Second .................................. 84.13 445.87 installment sale.
Third ...................................... 72.98 457.02 amount on line 24 carries over to line 26. Her
Fourth .................................... 61.55 468.45 gain is long-term capital gain. She carries the
Part II. This is the only part of Form 6252 that
$313.66 $1,806.34 amount on line 26 to Schedule D (Form
Cora fills out.
1040), where it is included with other long-
Cora rounds off cents on her tax return. Line 19. Cora figured a gross profit per-
term capital gains.
She reports $314 interest as ordinary income centage of 22.7% on her 1998 Form 6252.
on Form 1040. She completes Form 6252 as She uses the same percentage on her 1999
follows: Form 6252.

Page 13
6252
OMB No. 1545-0228
Installment Sale Income
Form

Department of the Treasury




See separate instructions. 䊳 Attach to your tax return.
Use a separate form for each sale or other disposition of
1999
Attachment
Internal Revenue Service property on the installment method. Sequence No. 79
Name(s) shown on return Identifying number
Mark Moore 222-00-3333
1 Description of property 䊳Undeveloped land
2a Date acquired (month, day, year) 䊳 2 / 17 / 92 b Date sold (month, day, year) 䊳 11 / 1 / 99
3 Was the property sold to a related party after May 14, 1980? See instructions. If “No,” skip line 4 ⻫ Yes No
4 Was the property you sold to a related party a marketable security? If “Yes,” complete Part III. If “No,”
complete Part III for the year of sale and the 2 years after the year of sale Yes ⻫ No
Part I Gross Profit and Contract Price. Complete this part for the year of sale only.
5 Selling price including mortgages and other debts. Do not include interest whether stated or unstated 5 14,700
6 Mortgages and other debts the buyer assumed or took the property subject
to, but not new mortgages the buyer got from a bank or other source 6 6,500
7 Subtract line 6 from line 5 7 8,200
8 Cost or other basis of property sold 8 2,650
9 Depreciation allowed or allowable 9 -0-
10 Adjusted basis. Subtract line 9 from line 8 10 2,650
11 Commissions and other expenses of sale 11 150
12 Income recapture from Form 4797, Part III. See instructions 12 -0-

f 9
13 Add lines 10, 11, and 12 13 2,800

o
14 Subtract line 13 from line 5. If zero or less, stop here. Do not complete the rest of this form 14 11,900
15

16 s
gain. Otherwise, enter -0-. See instructions

a ,1 )
Gross profit. Subtract line 15 from line 14
9 9
If the property described on line 1 above was your main home, enter the amount of your excluded
-0-
15
11,900
16
17
18 f
Subtract line 13 from line 6. If zero or less, enter -0-

o
Contract price. Add line 7 and line 17

9 e
3,700
17
11,900
18
Part II

r o 2 n g
Installment Sale Income. Complete this part for the year of sale and any year you receive a payment or
have certain debts you must treat as a payment on installment obligations.

P er a
h
19 Gross profit percentage. Divide line 16 by line 18. For years after the year of sale, see instructions

c
19
20
100%
3,700

b
20 For year of sale only: Enter amount from line 17 above; otherwise, enter -0-

o t o
21 Payments received during year. See instructions. Do not include interest whether stated or unstated 21 1,200
22 Add lines 20 and 21
23
t
c je c t
Payments received in prior years. See instructions. Do not include
22 4,900

24
25
26
O
interest whether stated or unstated

(s ub
Installment sale income. Multiply line 22 by line 19
23

Part of line 24 that is ordinary income under recapture rules. See instructions
Subtract line 25 from line 24. Enter here and on Schedule D or Form 4797. See instructions
4,900
24
-0-
25
4,900
26
Part III Related Party Installment Sale Income. Do not complete if you received the final payment this tax year.
27 Name, address, and taxpayer identifying number of related party Acme Design W. Main Street
Small Town, NY 12899 10-7654321
28 Did the related party, during this tax year, resell or dispose of the property (“second disposition”)? Yes ⻫ No
29 If the answer to question 28 is “Yes,” complete lines 30 through 37 below unless one of the following conditions is
met. Check only the box that applies.
a The second disposition was more than 2 years after the first disposition (other than dispositions
of marketable securities). If this box is checked, enter the date of disposition (month, day, year) 䊳 / /
b The first disposition was a sale or exchange of stock to the issuing corporation.
c The second disposition was an involuntary conversion where the threat of conversion occurred after the first disposition.
d The second disposition occurred after the death of the original seller or buyer.
e It can be established to the satisfaction of the Internal Revenue Service that tax avoidance was not a principal purpose
for either of the dispositions. If this box is checked, attach an explanation. See instructions.
30 Selling price of property sold by related party 30
31 Enter contract price from line 18 for year of first sale 31
32 Enter the smaller of line 30 or line 31 32
33 Total payments received by the end of your 1999 tax year. See instructions 33
34 Subtract line 33 from line 32. If zero or less, enter -0- 34
35 Multiply line 34 by the gross profit percentage on line 19 for year of first sale 35
36 Part of line 35 that is ordinary income under recapture rules. See instructions 36
37 Subtract line 36 from line 35. Enter here and on Schedule D or Form 4797. See instructions 37
For Paperwork Reduction Act Notice, see back of form. Cat. No. 13601R Form 6252 (1999)

Page 14
6252
OMB No. 1545-0228
Installment Sale Income
Form

Department of the Treasury




See separate instructions. 䊳 Attach to your tax return.
Use a separate form for each sale or other disposition of
1999
Attachment
Internal Revenue Service property on the installment method. Sequence No. 79
Name(s) shown on return Identifying number
Cora Blue 095-00-0000
1 Description of property 䊳 Oil painting -- Inheritance
2a Date acquired (month, day, year) 䊳 7 / 3 / 89 b Date sold (month, day, year) 䊳 12 / 11 / 98
3 Was the property sold to a related party after May 14, 1980? See instructions. If “No,” skip line 4 Yes ⻫ No
4 Was the property you sold to a related party a marketable security? If “Yes,” complete Part III. If “No,”
complete Part III for the year of sale and the 2 years after the year of sale Yes No
Part I Gross Profit and Contract Price. Complete this part for the year of sale only.
5 Selling price including mortgages and other debts. Do not include interest whether stated or unstated 5
6 Mortgages and other debts the buyer assumed or took the property subject
to, but not new mortgages the buyer got from a bank or other source 6
7 Subtract line 6 from line 5 7
8 Cost or other basis of property sold 8
9 Depreciation allowed or allowable 9
10 Adjusted basis. Subtract line 9 from line 8 10
11 Commissions and other expenses of sale 11
12 Income recapture from Form 4797, Part III. See instructions 12
13
14
Add lines 10, 11, and 12

o f 9
Subtract line 13 from line 5. If zero or less, stop here. Do not complete the rest of this form
13
14
15

16
9
If the property described on line 1 above was your main home, enter the amount of your excluded

s 9
gain. Otherwise, enter -0-. See instructions

a ,1 )
Gross profit. Subtract line 15 from line 14
15
16
17
18 f
Subtract line 13 from line 6. If zero or less, enter -0-

o
Contract price. Add line 7 and line 17

9 e
17
18
Part II

19
o
Pr er 2 chan
g
Installment Sale Income. Complete this part for the year of sale and any year you receive a payment or
have certain debts you must treat as a payment on installment obligations.
Gross profit percentage. Divide line 16 by line 18. For years after the year of sale, see instructions 19 22.7%
20 -0-

b
20 For year of sale only: Enter amount from line 17 above; otherwise, enter -0-
21

o t o
Payments received during year. See instructions. Do not include interest whether stated or unstated 21 1,806

ct ject
22 Add lines 20 and 21 22 1,806
23 Payments received in prior years. See instructions. Do not include

24
25
26
O
interest whether stated or unstated

u b
Installment sale income. Multiply line 22 by line 19

(s
23

Part of line 24 that is ordinary income under recapture rules. See instructions
700

Subtract line 25 from line 24. Enter here and on Schedule D or Form 4797. See instructions
41024
-0-
410
25
26
Part III Related Party Installment Sale Income. Do not complete if you received the final payment this tax year.
27 Name, address, and taxpayer identifying number of related party

28 Did the related party, during this tax year, resell or dispose of the property (“second disposition”)? Yes No
29 If the answer to question 28 is “Yes,” complete lines 30 through 37 below unless one of the following conditions is
met. Check only the box that applies.
a The second disposition was more than 2 years after the first disposition (other than dispositions
of marketable securities). If this box is checked, enter the date of disposition (month, day, year) 䊳 / /
b The first disposition was a sale or exchange of stock to the issuing corporation.
c The second disposition was an involuntary conversion where the threat of conversion occurred after the first disposition.
d The second disposition occurred after the death of the original seller or buyer.
e It can be established to the satisfaction of the Internal Revenue Service that tax avoidance was not a principal purpose
for either of the dispositions. If this box is checked, attach an explanation. See instructions.
30 Selling price of property sold by related party 30
31 Enter contract price from line 18 for year of first sale 31
32 Enter the smaller of line 30 or line 31 32
33 Total payments received by the end of your 1999 tax year. See instructions 33
34 Subtract line 33 from line 32. If zero or less, enter -0- 34
35 Multiply line 34 by the gross profit percentage on line 19 for year of first sale 35
36 Part of line 35 that is ordinary income under recapture rules. See instructions 36
37 Subtract line 36 from line 35. Enter here and on Schedule D or Form 4797. See instructions 37
For Paperwork Reduction Act Notice, see back of form. Cat. No. 13601R Form 6252 (1999)

Page 15
calling 703–368–9694. Follow the directions • The Internal Revenue Code, regulations,
from the prompts. When you order forms, Internal Revenue Bulletins, and Cumula-
How To Get More enter the catalog number for the form you tive Bulletins available for research pur-
need. The items you request will be faxed to poses.
Information you.
You can order free publications and forms,
ask tax questions, and get more information
from the IRS in several ways. By selecting the
method that is best for you, you will have Phone. Many services are available
quick and easy access to tax help. by phone. Mail. You can send your order for
forms, instructions, and publications
Free tax services. To find out what services to the Distribution Center nearest to
are available, get Publication 910, Guide to • Ordering forms, instructions, and publi- you and receive a response within 10 work-
Free Tax Services. It contains a list of free tax cations. Call 1–800–829–3676 to order days after your request is received. Find the
publications and an index of tax topics. It also current and prior year forms, instructions, address that applies to your part of the
describes other free tax information services, and publications. country.
including tax education and assistance pro- • Asking tax questions. Call the IRS with
grams and a list of TeleTax topics. your tax questions at 1–800–829–1040. • Western part of U.S.:
Personal computer. With your per- Western Area Distribution Center
• TTY/TDD equipment. If you have access Rancho Cordova, CA 95743–0001
sonal computer and modem, you can to TTY/TDD equipment, call 1–800–829–
access the IRS on the Internet at 4059 to ask tax questions or to order • Central part of U.S.:
www.irs.gov. While visiting our web site, you forms and publications. Central Area Distribution Center
can select: P.O. Box 8903
• TeleTax topics. Call 1–800–829–4477 to Bloomington, IL 61702–8903
• Frequently Asked Tax Questions (located listen to pre-recorded messages covering
under Taxpayer Help & Ed) to find an- various tax topics. • Eastern part of U.S. and foreign ad-
swers to questions you may have. dresses:
Evaluating the quality of our telephone Eastern Area Distribution Center
• Forms & Pubs to download forms and services. To ensure that IRS representatives P.O. Box 85074
publications or search for forms and give accurate, courteous, and professional Richmond, VA 23261–5074
publications by topic or keyword. answers, we evaluate the quality of our tele-
• Fill-in Forms (located under Forms & phone services in several ways.
Pubs) to enter information while the form
• A second IRS representative sometimes
is displayed and then print the completed CD-ROM. You can order IRS Publi-
monitors live telephone calls. That person
form. cation 1796, Federal Tax Products on
only evaluates the IRS assistor and does
• Tax Info For You to view Internal Reve- not keep a record of any taxpayer's name CD-ROM, and obtain:
nue Bulletins published in the last few or tax identification number.
years. • Current tax forms, instructions, and pub-
• We sometimes record telephone calls to lications.
• Tax Regs in English to search regulations evaluate IRS assistors objectively. We
and the Internal Revenue Code (under hold these recordings no longer than one • Prior-year tax forms, instructions, and
United States Code (USC)). week and use them only to measure the publications.
• Digital Dispatch and IRS Local News Net quality of assistance. • Popular tax forms which may be filled in
(both located under Tax Info For Busi- • We value our customers' opinions. electronically, printed out for submission,
ness) to receive our electronic newslet- Throughout this year, we will be survey- and saved for recordkeeping.
ters on hot tax issues and news. ing our customers for their opinions on • Internal Revenue Bulletins.
• Small Business Corner (located under our service.
The CD-ROM can be purchased from
Tax Info For Business) to get information
National Technical Information Service (NTIS)
on starting and operating a small busi-
by calling 1–877–233–6767 or on the Internet
ness.
Walk-in. You can walk in to many at www.irs.gov/cdorders. The first release
You can also reach us with your computer post offices, libraries, and IRS offices is available in mid-December and the final
using File Transfer Protocol at ftp.irs.gov. to pick up certain forms, instructions, release is available in late January.
and publications. Also, some libraries and IRS IRS Publication 3207, Small Business
offices have: Resource Guide, is an interactive CD-ROM
that contains information important to small
TaxFax Service. Using the phone • An extensive collection of products avail- businesses. It is available in mid-February.
attached to your fax machine, you can able to print from a CD-ROM or photo- You can get one free copy by calling
receive forms and instructions by copy from reproducible proofs. 1–800–829–3676.

Page 16
Index

Figuring installment income ........ 2 Holding period for resale ...... 11


A Form: M Personal property ................. 10
Assistance (See More information) 4797 ............................. 3, 5, 12 More information ....................... 16 Real property ........................ 10
6252 ........................... 3, 11, 12 Worksheets .......................... 11
8594 ....................................... 7
B Schedule D (Form 1040) . 3, 12
N
Basis: Free tax services ....................... 16
Note:
Adjusted ................................. 2
Assumed mortgage ................ 4 Buyer's ................................... 5 S
Third-party .............................. 4 Sale of:
Installment obligation ....... 9, 10
Installment sale ...................... 2
G Business ................................. 7
Gross profit percentage ............... 3 Dealer ..................................... 2
Repossessed property ... 10, 11 Home ...................................... 3
Gross profit, defined .................... 2
Bond ............................................ 5
Buyer's note ................................ 5
Guarantee .................................... 5 O Land between related persons 9
Original issue discount ................ 8 Partnership interest ................ 7
Several assets .................. 6, 12
Stock or securities .................. 2
C H Selling expenses ......................... 2
Contingent payment sale ............ 6 Help (See More information) P Selling price:
Contract price .............................. 2 Payments considered Defined ................................... 2
received: Reduced ................................. 3
Single sale of several assets 6, 12
I Buyer assumes debts ............ 4
D Installment obligation: Buyer pays seller's expenses 4
Dealer sales, special rule ............ 2 Defined ................................... 2 Mortgage assumed ................ 4
Depreciation recapture income ... 5 Disposition .............................. 9 Pledge rule ............................. 5
Disposition of installment Used as security .................... 5 Pledge rule .................................. 5 T
obligation ................................ 9 Installment sale basis .................. 2 Publications (See More information) Tax help (See More information)
Interest: Third-party note ........................... 4
Escrow account ...................... 5 TTY/TDD information ................ 16
E Income ....................................
Reporting ................................
2
3 R
Electing out .................................. 3 Related person:
Escrow account ........................... 5 Unstated ................................. 8
Land sale ................................ 9
Reporting sale to .............. 3, 12 U
Sale to .................................... 5 Unstated interest ......................... 8
F L Reporting installment sale ..... 3, 11 䡵
Fair market value .................. 4, 10 Like-kind exchange ..................... 6 Repossession:

Page 17
See How To Get More Information for a variety of ways to get publications,
Tax Publications for Business Taxpayers including by computer, phone, and mail.

General Guides 463 Travel, Entertainment, Gift, and Car 597 Information on the United States-
Expenses Canada Income Tax Treaty
1 Your Rights as a Taxpayer 505 Tax Withholding and Estimated Tax 598 Tax on Unrelated Business Income
17 Your Federal Income Tax (For 510 Excise Taxes for 2000 of Exempt Organizations
Individuals) 515 Withholding of Tax on Nonresident 686 Certification for Reduced Tax Rates
225 Farmer’s Tax Guide Aliens and Foreign Corporations in Tax Treaty Countries
334 Tax Guide for Small Business 517 Social Security and Other 901 U.S. Tax Treaties
509 Tax Calendars for 2000 Information for Members of the 908 Bankruptcy Tax Guide
553 Highlights of 1999 Tax Changes Clergy and Religious Workers 911 Direct Sellers
595 Tax Highlights for Commercial 527 Residential Rental Property 925 Passive Activity and At-Risk Rules
Fishermen 533 Self-Employment Tax 946 How To Depreciate Property
910 Guide to Free Tax Services 534 Depreciating Property Placed in 947 Practice Before the IRS and Power
Service Before 1987 of Attorney
Employer’s Guides 535 Business Expenses 954 Tax Incentives for Empowerment
536 Net Operating Losses Zones and Other Distressed
15 Circular E, Employer’s Tax Guide 537 Installment Sales Communities
15-A Employer’s Supplemental Tax Guide 538 Accounting Periods and Methods 1544 Reporting Cash Payments of Over
51 Circular A, Agricultural Employer’s 541 Partnerships $10,000
Tax Guide 542 Corporations 1546 The Taxpayer Advocate Service of
80 Federal Tax Guide For Employers in 544 Sales and Other Dispositions of the IRS
the U.S. Virgin Islands, Guam, Assets
American Samoa, and the Spanish Language Publications
Commonwealth of the Northern 551 Basis of Assets
Mariana Islands (Circular SS) 556 Examination of Returns, Appeal
Rights, and Claims for Refund 1SP Derechos del Contribuyente
179 Circular PR Guía Contributiva 579SP Cómo Preparar la Declaración de
Federal Para Patronos 560 Retirement Plans for Small Business
(SEP, SIMPLE, and Keogh Plans) Impuesto Federal
Puertorriqueños 594SP Comprendiendo el Proceso de Cobro
926 Household Employer’s Tax Guide 561 Determining the Value of Donated
Property 850 English-Spanish Glossary of Words
583 Starting a Business and Keeping and Phrases Used in Publications
Specialized Publications Records Issued by the Internal Revenue
Service
378 Fuel Tax Credits and Refunds 587 Business Use of Your Home
(Including Use by Day-Care 1544SP Informe de Pagos en Efectivo en
Providers) Exceso de $10,000 (Recibidos en
una Ocupación o Negocio)
594 Understanding the Collection Process

Commonly Used Tax Forms See How To Get More Information for a variety of ways to get forms, including by computer, fax,
phone, and mail. Items with an asterisk are available by fax. For these orders only, use the catalog
numbers when ordering.

Catalog Catalog
Form Number and Title Number Form Number and Title Number
W-2 Wage and Tax Statement 10134 1120S U.S. Income Tax Return for an S Corporation 11510
W-4 Employee’s Withholding Allowance Certificate* 10220 Sch D Capital Gains and Losses and Built-In Gains 11516
940 Employer’s Annual Federal Unemployment 11234 Sch K-1 Shareholder’s Share of Income, Credits, 11520
(FUTA) Tax Return* Deductions, etc.
940EZ Employer’s Annual Federal Unemployment 10983 2106 Employee Business Expenses* 11700
(FUTA) Tax Return* 2106-EZ Unreimbursed Employee Business 20604
941 Employer’s Quarterly Federal Tax Return 17001 Expenses*
1040 U.S. Individual Income Tax Return* 11320 2210 Underpayment of Estimated Tax by 11744
Sch A & B Itemized Deductions & Interest and 11330 Individuals, Estates, and Trusts*
Ordinary Dividends* 2441 Child and Dependent Care Expenses* 11862
Sch C Profit or Loss From Business* 11334 2848 Power of Attorney and Declaration of 11980
Representative*
Sch C-EZ Net Profit From Business* 14374
Sch D Capital Gains and Losses* 11338 3800 General Business Credit 12392
Sch D-1 Continuation Sheet for Schedule D 10424 3903 Moving Expenses* 12490
Sch E Supplemental Income and Loss* 11344 4562 Depreciation and Amortization* 12906
Sch F Profit or Loss From Farming* 11346 4797 Sales of Business Property* 13086
Sch H Household Employment Taxes* 12187 4868 Application for Automatic Extension of Time To 13141
File U.S. Individual Income Tax Return*
Sch J Farm Income Averaging* 25513
5329 Additional Taxes Attributable to IRAs, Other 13329
Sch R Credit for the Elderly or the Disabled* 11359 Qualified Retirement Plans, Annuities, Modified
Sch SE Self-Employment Tax* 11358 Endowment Contracts, and MSAs*
1040-ES Estimated Tax for Individuals* 11340 6252 Installment Sale Income* 13601
1040X Amended U.S. Individual Income Tax Return* 11360 8283 Noncash Charitable Contributions* 62299
1065 U.S. Partnership Return of Income 11390 8300 Report of Cash Payments Over $10,000 62133
Sch D Capital Gains and Losses 11393 Received in a Trade or Business*
Sch K-1 Partner’s Share of Income, 11394 8582 Passive Activity Loss Limitations* 63704
Credits, Deductions, etc. 8606 Nondeductible IRAs* 63966
1120 U.S. Corporation Income Tax Return 11450 8822 Change of Address* 12081
1120-A U.S. Corporation Short-Form 11456 8829 Expenses for Business Use of Your Home* 13232
Income Tax Return

Page 18

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