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Form Instructions 4797 online PA: What You Should Know

A rental property is any real estate held by the seller where the seller has an exclusive right to occupy a housing unit. Tax-exempt rents from federal, state, and local nonpublic schools and other facilities are excluded from the definition of “rentals” by IRS Publication 529, Residential Rental Property. If a sale is not made by you, you will be eligible for a deduction, depending on the method you choose to complete Form 4797. There are two ways to complete Form 4797, which is how most other sellers complete it. Both are tax-free. Method 1 If you are a U.S. citizen or resident, complete and mail or send to the IRS Form 1099-R. It's a “report of the transaction” and is required by the IRS. If you don't include it in Step 2 before filing Form 4797, you will not have to pay it. If you are not a U.S. citizen or resident, complete and mail in Form 3949, Income Tax Return. This allows the IRS to get some of the information you need about the transaction and your compensation, and the IRS uses this information to determine whether you qualify for the sale method. You must include the Form 1099-R in Part II of your taxes, unless you have no income. You will be required to report the net profit, or what you earned on your sale. Some sellers elect to report the net profit rather than the gross profit, because this is the method used by most commercial real estate professionals. If you have to report the gross profit, you can deduct the cost of the property, so you can choose a higher standard deduction. If you sell your property within six months of its selling price, or within six months of its first disposition, regardless of what the law says, you do not have to pay any tax on the sale. If, however, you sell, within four years of buying, your property within the last year, or sell within three years of buying, you have to pay the tax. After you have earned the tax you have to pay out the following within a year to pay any remaining taxes: 2.25 percent of the gross proceeds (if more than one year's gross proceeds), plus an additional 3.7 percent tax.

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