DavidD66
Expert Alumni

Get your taxes done using TurboTax

You don't file a Form 1099-S.  When you sell a house (or other real estate) a 1099-S is a form that is sometimes issued, usually by the closing attorney.  If you sell your primary residence and you don't have a taxable gain, you don't have to report the sale if you do not receive a Form 1099-S.  When you sell your primary residence, if you lived in the house for 2 of the last 5 years you can exclude up to $500,000 of gain, if MFJ, $250,000 if filing single.  

 

So, the question is, did you receive a Form 1099-S for half the sales proceeds of the house?  If you did not, you don't need to report anything.  If you did receive a Form 1099-S you need to report the sale.  Also, if you received a 1099-S, does it only report your half of the sales proceeds?  Does your divorce decree say anything about you paying tax on any gain on the sale of the house?  

 

 

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