I sold my house 12/2018 but I did not receive a 1099-S. IRS sent me a letter stating realtor sent them a 1099s, now I owe the IRS the gains, what do I do?

[rivas1210]

I called the realtor and the lawyer and both stated they do not have a 1099-S for the sale of the home. I can't send an amended return because I don't have that form, what should I do?

[Critter-3]

You do not need the actual1099-s form that is probably in your closing packet paperwork...because the IRS is already told you they have a 1099-s form and the amount on the 1099-s form and that's all you need to file the sale on a return. 

Now was this a sale of your personal residence, a rental property, or something else?

[rivas1210]

It was my personal residence that I lived in for over 10 years, up until the sale. So, should I just make an amended return and fill out the 1099 S part? From what I've read online is that since I received less than 250k from the sale then it should be tax free? Thank you for your help.

[DoninGA]

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@rivas1210 wrote:

It was my personal residence that I lived in for over 10 years, up until the sale. So, should I just make an amended return and fill out the 1099 S part? From what I've read online is that since I received less than 250k from the sale then it should be tax free? Thank you for your help.

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Since a Form 1099-S was received by the IRS, the sale has to be reported on the federal tax return, even though there may be no capital gains taxes owed.

Amend the tax return and report the sale of your personal residence.  The Form 1099-S is not reported on a tax return, only the information from the form is used when reporting the sale.

See this TurboTax support FAQ for amending a 2018 tax return - https://ttlc.intuit.com/community/amending/help/how-do-i-amend-a-return-in-turbotax/01/27579

If you sold your primary personal residence and you lived in and owned the home for at least two years in the five year period on the date of sale, you do not have to report the sale if your gains are less then the exclusion amounts of $250,000 if filing Single or $500,000 if filing Married Filing Jointly (and both lived in the home for two years).

If you had a gain greater then the exclusion amounts then you would have to report the sale. Also, if you received a Form 1099-S for the sale either with a gain or a loss, the sale has to be reported. You will need the online TurboTax Premier or Self-Employed edition to report the sale if you are using the online editions. Make sure that you indicate that you want the sale of the home reported on your tax return.

• Click on Federal Taxes (Personal using Home and Business)
• Click on Wages and Income (Personal Income using Home and Business)
• Click on I'll choose what I work on (if shown)
• Scroll down to Less Common Income
• On Sale of Home (gain or loss), click the start or update button

Or enter sale of home in the Search box located in the upper right of the program screen. Click on Jump to sale of home

[Critter-3 · Accepted solution]

Well the closing company should have asked you if it was your personal  residence AND if you had used it as a rental or as a home office ... some answer you gave the triggered the 1099-S issuance ... so compute the profit on the sale by using the amendment process in the home sale section and print the home sale worksheet, Sch D , form 8949 and form 4797 if needed.  Then respond to the IRS notice as appropriate using the populated forms for supporting docs.

[Anonymous]

Make sure you mail the documents to the address on the notice. also use a method where you can get proof of delivery.  normally you have 60 days to respond, so make sure it's mailed as soon as possible.