FederalSellerAfter closing

Form 1099-S — Proceeds from Real Estate Transactions

⏱ Estimated time: 15 minutes

⚠️ Draft content

This entry is a working draft and hasn't been reviewed by a licensed professional yet. Always use the official source linked below as your authoritative reference.

Most home sales are reported to the IRS via Form 1099-S. In a typical sale, the title or escrow company files it for you. In some FSBO and cash transactions where no closing agent is involved, the responsibility can fall on the seller. There's also an exemption certification that can excuse the filing entirely if you meet primary-residence rules. This applies in every state.

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The official form is published by IRS. Always download from the source — never trust a third-party copy.

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When you DON'T need to file

If you sell a primary residence and meet ALL of these:

• Sale price is $250,000 or less ($500,000 for married filing jointly)

• You used the home as your primary residence for at least 2 of the last 5 years

• You haven't excluded gain from another home sale in the last 2 years

• No portion was used as a rental or business

Then you can sign the IRS "Certification for No Information Reporting" form and the closing agent doesn't file the 1099-S.

When you DO need to deal with it

If you don't qualify for the exemption above, OR if there's no closing agent at all (rare — most FSBO deals still use a title company), the seller may need to file Form 1099-S directly.

In practice: 99% of the time, the title company you close with handles this. Confirm with them in writing that they're filing it, or that you signed the certification.

⚠️ Things to watch out for

Commonly-reported issues people run into with this document. Always verify the specifics with your state's official source or a licensed professional.

  • Assuming the title company filed the 1099-S without confirming. Always ask in writing.
  • Not signing the no-reporting certification when you qualify, then getting an unexpected 1099-S you have to reconcile on your tax return.
  • Forgetting that the $250k/$500k exclusion is on PROFIT (sale price minus basis minus selling costs), not sale price. Even a $700k sale can be tax-free if your basis was high.

Last reviewed: 2026-04-09 · Placeholder content — pending review

This entry is informational only — not legal advice. Frula Homes is an informational platform. We point you to official sources; we don't prepare, review, or interpret legal documents, and we're not your attorney or real estate agent. For legal questions specific to your situation, consult a licensed attorney in your state.