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I have a 1099-S for residential land I sold. I use TT Premier CD/Download it generates Form 8949! The IRS instructions on the 1099-S says it should be Form 4797. Why?

 
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3 Replies
ColeenD3
Expert Alumni

I have a 1099-S for residential land I sold. I use TT Premier CD/Download it generates Form 8949! The IRS instructions on the 1099-S says it should be Form 4797. Why?

No, personal property is capital gain property and flows to Schedule D. Business property income  (rental) is entered on Form 4797.

I have a 1099-S for residential land I sold. I use TT Premier CD/Download it generates Form 8949! The IRS instructions on the 1099-S says it should be Form 4797. Why?

So you are saying the Form 8949 is correct for sale of residential land?

ColeenD3
Expert Alumni

I have a 1099-S for residential land I sold. I use TT Premier CD/Download it generates Form 8949! The IRS instructions on the 1099-S says it should be Form 4797. Why?

Yes. It is a capital gain. Form 4797 is used for business property. Unless you used the land for business, it is personal and entered on Form 8949.

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