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Old 02-09-2005, 03:36 AM
Bill
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Default Re: Escrow company didn't do a 1099-S.

me_kim2000[at]yahoo.com wrote:

- quote -

> I did a partition action on a property I owned
> with a relative. The relative settled by
> refinancing and buying my interest in the
> property. The escrow company that handled
> the transaction did not file a 1099-s, because
> they regarded the transaction as a refinance
> to pay a settlement. Do I have to pay capital
> gains tax?


That depends on a lot of things. Are we supposed to know
whether this was an investment property? (If it was a
vacation home that was used by both of your families and
never rented, and you didn't gain any profit from the sale,
there's no harm, no foul. Forget it.)

On the other hand, if this was an income property that was
depreciated, there's lots of stuff to do -- starting with a
report of the proceeds _you received from the sale. And
Yes, there will be a capital gains tax -- but there will
also be a calculation of the Unrecaptured Section 1250 Gain
(for your share of depreciation deducted from earnings over
the years).

And if you had a gain for whatever reason, since this
property was doubtless not your Main Home, it will be your
responsibility to report that capital gain -- whether you
received a 1099 or not.

Might be a good idea to seek some professional help for this
year's return.

Bill

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  #-1  
Old 02-07-2005, 06:16 PM
me_kim2000@yahoo.com
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Posts: n/a
Default Escrow company didn't do a 1099-S.

I did a partition action on a property I owned with a
relative. The relative settled by refinancing and buying my
interest in the property. The escrow company that handled
the transaction did not file a 1099-s, because they regarded
the transaction as a refinance to pay a settlement. Do I
have to pay capital gains tax?

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
 

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1099s, company, escrow
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