sold a home and got earnest money but the builder says he will NOT send a 1099. How should I report the income? or do I have to?

[DoninGA]

Did you sell your personal primary home or your personal second home?  Or was this an investment home that was sold?  Or was this a rental home that was sold?

A Form 1099-S is not normally issued for a personal primary home sale.

[Critter]

If a 1099 is going to be issued then the closing company or attorney are the ones who issue one and it is usually in the closing papers packet you got when you signed the closing papers. 

[Carl]

Assuming you're talking about a 1099-S, that will only be sent to the seller by the lender, or by the closing agent. On top of that, you may not actually receive it until tax filing time. A builder is not involved in that at all. Finally, the 1099-S will only be sent if required by law. If not required, that does not negate you from reporting the sale if you are required to report it on your taxes.

Generally, the sale of real estate is only required to be reported if it's sold at a gain to the seller, or if a 1099-S is issued to the seller (gain or loss). If sold at a loss then reporting the sale is generally not required since losses on the sale of personal property are not deductible anyway. (Losses on the sale of business property such as a rental are deductible as a business loss.)