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I sold my rental last & am holding the mortgage. My federal return is asking for the buyer's SSN or my EIN. I am not a business and do not have their SSN. What do I do?

 
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2 Replies
DaveF1006
Expert Alumni

I sold my rental last & am holding the mortgage. My federal return is asking for the buyer's SSN or my EIN. I am not a business and do not have their SSN. What do I do?

This is an IRS requirement on a seller's financed mortgage. According to the following Turbo Tax link, if you can't obtain the seller's SSN, you will have to print your return, mail it in with an attachment explaining to the IRS why you cannot provide your seller's info. Include the seller's name and address in the attachment. 

 

Since you are not a business, you do not need to provide an EIN.

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Carl
Level 15

I sold my rental last & am holding the mortgage. My federal return is asking for the buyer's SSN or my EIN. I am not a business and do not have their SSN. What do I do?

What do I do?

You need to get legal help yesterday, if not sooner. The fact that you don't have the buyer's SSN or TIN number tells me that you did not do this sale in a legally enforceable way. So at this point you don't need tax help. You need legal help from a licensed lawyer well versed in the legal aspects of selling real estate in an owner financed fashion. If this sale was not properly done in accordance with federal law and the laws of your state, that means the buyer can not claim/deduct the interest they are paying on your seller financed loan. It's also a major issue should something happen resulting in an insurance claim and chances are ***VERY*** high any claims against the insurance by any party for any reason will be denied by the insurance company, and they will be within their legal right to do so with the cliamant having no recourse.

So if the house burns to the ground, obviously the buyer will not be paying you anymore. Then you both lose, big time. So get legal advice and help from a lawyer well versed in seller financed deals and get this fixed now, if not sooner. Until then, you and the seller both risk having issues with the IRS in the near future after you file.

 

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