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Tool Talk Discussion Forum

OT TAX QUESTION

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lenray

01-07-2007 15:09:58




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Sold a property on contract using form 6252 Installment Sale Income.
The property was paid off in 2006.
Where do we deduct the closing costs that we aquired--attorney, abstrast, survey, transfer taxes etc.
Thanks for any help.




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Stan in Oly, WA

01-07-2007 18:36:13




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 Re: OT TAX QUESTION in reply to lenray, 01-07-2007 15:09:58  
Hi lenray,

Did the sale, installment payments, and the payoff all occur in 2006? The costs of sale are added to the cost basis of the property which you need for the purpose of computing the ratio which is used to determine how much of each installment payment is profit---taxable, how much is the return of the cost---not taxable.

If the sale occurred in a prior year and you did not add your costs of sale to the basis of the property, then the ratio you computed on you original 6252 is wrong and you have been paying tax on a portion of the payments which was not actually taxable. The IRS does not hold this against you. They may even pay you interest on the overpayment.

The most obvious way to correct this mistake is to file a Form 1040X Amended Return for each year that the mistake applies. Like all IRS forms the 1040X seems somewhat confusing at first, but you can figure it out if you take your time and remember what it is you are trying to accomplish. If you have to do them for several years, only the first one will be a challenge, the rest will be virtually identical. The 1040X only deals with the mistaken items on your return---you don't have to refile the whole return.

The first thing you should do, however, is contact the IRS Help and Information department and get them to transfer you to an agent who is familiar with this situation. You do this by describing your problem clearly and CONCISELY. The person who first talks to you doesn't have to know the details of the sale or that you are a good person, etc. He or she only has to find out enough to transfer your call to the right person to actually help you deal with it.

Let me take this opportunity to tell you a few things about dealing with the IRS. Number one is they're easy to deal with. These are not auditors or investigators. They regard mistakes as mistakes, and they also seem to regard negligence and potential fraud as mistakes. It's someone else's job do deal with those things.

If you make a mistake on a tax return and the IRS catches it they will send you a letter explaining what it is they believe to be wrong, and why they think that. You can respond with an explanation if you think you're right, or correct the mistake if you agree that you made one. If you owe more tax than you paid, you pay it and you will also probably have to pay interest on the unpaid amount from the time it should have been paid---that's all the penalty amounts to, it's not punative.

Of course, I basically agree with the concept of paying taxes, and it isn't the fault of these working men and women how other branches of our government misspend the money. So I don't call them fascists, or swear at them, or otherwise make it clear that I can hardly contain my rage the way some people do. I usually chat with them a bit and ask them how they like their job.

Maybe you won't feel like you have to pay someone a lot of money to do something quite simple for you if you know that the consequences of making an honest mistake are virtually nothing. In fact, it seems to me that the consequences of making a dishonest mistake are not much worse. Not when we're dealing with less than tens of thousands of dollars of difference in the tax in question.

All the best, Stan

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lenray

01-08-2007 09:51:04




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 Re: OT TAX QUESTION in reply to Stan in Oly, WA, 01-07-2007 18:36:13  
Thanks Stan and others.
The house was sold on contract in 02 and paid off in 06.
In 02 the expenses that were known were figured in the basis. In between the starting of the contract and the payoff--the buyer borrowed 7K from us that was added to the land contract and also decided to not purchase 1/2 acre of the property that we bought back.
So when the payoff came we had a new survey with attorney fees and other cost that go with the final sale--transfer taxes etc.
We sold the house on a land contract but when they paid off early they went thru a bank and we will rec. a 1099 for that transaction.
It looks like the info. will go on form 4797--sales of business property instead of the form 6252--installment sales income.
Thanks--tried to e-mail you Stan thru this site but it came back.

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Stan in Oly, WA

01-08-2007 12:29:37




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 Re: OT TAX QUESTION in reply to lenray, 01-08-2007 09:51:04  
Hi lenray,

I have no idea why the e-mail came back. I always leave it open and there's been no change in server or anything else important in years now.

You have a good understanding of the tax system, and under normal circumstances you probably wouldn't have any questions to ask. Your second posting makes it clear that your situation is considerably more complicated than normal, though. Quite frankly, I'd be surprised if even one of the IRS's more experienced help-line people could work through it without taking some time to think it over. Or maybe they could. It wouldn't hurt to ask. You don't really commit yourself to anything by getting IRS assistance. I get information and advice from them both as a tax preparer and as the taxpayer, and they never ask which I am or who I am.

Your situation is complex but I don't think you should let that stop you from trying to figure it out for yourself (including any free advice you can get.) If you know that you've received a certain amount of taxable income and the problem is that you're not sure of the correct way to report it, you won't go too far wrong with whatever method you come up with which you feel is reasonable and accounts for all the income. The IRS charges interest on unpaid taxes which are owed, and charges penalties on willful failure to file certain required documents or follow certain required procedures. Generally speaking, you won't be penalized for accounting for income incorrectly if the tax consequences are the same. In some cases you won't even be required to refile the correct forms (particularly if it's a single incident rather than part of an ongoing situation.)

Good luck, Stan

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Field Boss Driver

01-07-2007 15:52:12




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 Re: OT TAX QUESTION in reply to lenray, 01-07-2007 15:09:58  
Lenray, You need a tax accountant. If you get wrong information on this site,who will go with you when the I.R.S. has questions for you?Not that anyone would give you bad info,but,you want to be like a boy scout.Always prepaired.



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2x4

01-07-2007 21:20:19




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 Re: OT TAX QUESTION in reply to Field Boss Driver, 01-07-2007 15:52:12  
more like always prepaid!



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