Love2Cruise
Level 4

Each year I get a new first; some of which make me want to cry - some just make my head numb...especially with so many returns to do.

So this is the scenario... 

  • TP and spouse were deeded a home at no cost to them by his mother. 
  • TP sells home to nephew for $100K 
  • TP received 1099-S for $100K
  • At closing, proceeds were distributed to seller (TP) as follows:
    • Mortgage pay off  (still in mother's name) - $46,522
    • Seller credit  - $700
    • Closing Costs - $735
    • Taxes - $18
    • Gift of equity - $36,496
    • Net to seller - $15,529

 

My questions - 

  • When reporting the sale of the home, do I reduce the sale price by the gift of equity and the mortgage payoff, or just the gift of equity?
  • If the mortgage was still in the mother's name, would that be an expense?
  • If the above is correct, what's the workaround if the 1099 was issued for the full sales price?

 

I'm also preparing a 709 since the gift of equity is over the limit by $2496. Is this correct as well?

As always, your input and assistance is MORE than greatly appreciated! 

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