My MIL had closing that incl 2 properties: one part (part land of Primary Residence, 1/2 in deceased spouse's trust & 1/2 in her trust) and 2nd part investment land in her trust only. Form 1099-Ss incorrect, split 50-50, Title Co won’t correct ??
My Mother-In-Law had 1 closing that incl 2 properties: one part (a part of the land of Primary Residence, 1/2 in deceased spouse's trust & 1/2 in her trust) and 2nd part investment land in her trust only. The Form 1099-Ss that were issued are incorrect, the Title Conpany split the proceeds 50-50 and issued 2 checks (again 50-50) to her former husband's trust and to her Living Trust. As the checks were already issued and deposited in the same amounts to each trust, the Title Co won’t correct the 1099-S forms. The sale consisted of 23 acres, of which 20.7 acres came from the Primary Residence and 2.3 acres came from an adjacent rental property. The correct split of proceeds should have been 90% from her Primary Residence and 10% from the rental property. I have to report the sale of the investment rental property correctly to the IRS, for which there will be capital gains. The portion of the sale of part of the Primary Residence, although far less than the exemption, has to be reported as a 1099-S was issued. Will it suffice to attach or include a statement to the IRS to explain this, along with the correct distribution of the proceeds?