Form 1099-S — Proceeds from Real Estate Transactions

Report gross proceeds from the sale or exchange of real estate.

What is Form 1099-S?

Form 1099-S is used to report gross proceeds from the sale or exchange of real estate, including land, commercial property, residential property, condominiums, and certain easements. The reporting person is typically the closing agent, settlement attorney, title company, or mortgage lender.

Who Must File 1099-S?

  • 1Title companies and escrow agents
  • 2Settlement attorneys
  • 3Real estate brokers (when no closing agent is involved)
  • 4Mortgage lenders handling the closing
  • 5Any person responsible for closing a real estate transaction

Filing threshold: Any amount (with exceptions for principal residence)

1099-S Filing Deadlines

Paper Filing

February 28

Electronic Filing

March 31

Recipient Copy

February 15

Penalties for Late or Incorrect Filing

$60–$310 per form depending on how late

2024 penalty tiers: $60/form (≤30 days late) → $130/form (31 days–Aug 1) → $310/form (after Aug 1) → $630/form (intentional disregard). Small business caps may apply.

1099-S Box-by-Box Guide

BoxDescription
Box 1Date of closing
Box 2Gross proceeds
Box 3Address or legal description of property
Box 4Check if transferor received or will receive property or services
Box 5Check if transferor is a foreign person
Box 6Buyer's part of real estate tax

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Corrections & Void

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1099-S Frequently Asked Questions

Is the sale of my primary home reported on 1099-S?

Not always. If the seller certifies that the full gain is excludable under the $250,000/$500,000 home sale exclusion (Section 121), the closing agent is not required to file 1099-S.

Who is responsible for filing 1099-S?

The 'reporting person' — typically the closing agent, settlement attorney, or title company. If none is involved, the mortgage lender or broker may be responsible.

Are refinances reported on 1099-S?

No. A mortgage refinance is not a sale or exchange of property and does not trigger 1099-S filing.

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