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February 10, 2025
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Joint home sale and capital gains

  • February 10, 2025
  • 1 reply
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My son bought a house in 2017 and sold it in June of 2024. It was his main home and he paid the mortgage, property taxes, etc. For credit purposes, I was on the mortgage and deed as tenants in common. I live in a different state that does not have income tax, but his state does.

He owned 95% and I had 5%. The title company issued me a 1099 S for 5% of the home sale. He has the benefit of the 250k exclusion since he lived in the house for 7 years. I do not.

Do I report the 5% on the 1099S under the home sale form for tax purposes?  And do I prorate the purchase, expenses. etc for the purchase and the sale?

I did not receive any of the proceeds from the house sale. It all went to the purchase of another home for my son.

I am also wondering if I have to file a nonresident tax return for his state.

Best answer by Vanessa A

No.  Since you did not receive any portion of the proceeds from the house this will not be considered taxable income to you.

 

However, since you did receive the 1099-S, you will need to report the 1099-s on your return and then back out the income with a description of did not receive this income.  Your son will need to report 100% of the proceeds from the sale of the house on his return. 

To enter the 1099 -S:

  • Income
  • Sale of Home under Less Common Income
  • Enter the information from the 1099-S
  • Continue through 

Then you will take the following steps to remove the income:

  • Income
  • Less Common Income
  • Miscellaneous Income
  • Other Reportable Income
  • Answer Yes to Any Other Taxable Income
  • Enter the description such as Did not receive proceeds from sale
  • Enter the amount on the 1099-S as a negative number. 

1 reply

Vanessa AAnswer
February 11, 2025

No.  Since you did not receive any portion of the proceeds from the house this will not be considered taxable income to you.

 

However, since you did receive the 1099-S, you will need to report the 1099-s on your return and then back out the income with a description of did not receive this income.  Your son will need to report 100% of the proceeds from the sale of the house on his return. 

To enter the 1099 -S:

  • Income
  • Sale of Home under Less Common Income
  • Enter the information from the 1099-S
  • Continue through 

Then you will take the following steps to remove the income:

  • Income
  • Less Common Income
  • Miscellaneous Income
  • Other Reportable Income
  • Answer Yes to Any Other Taxable Income
  • Enter the description such as Did not receive proceeds from sale
  • Enter the amount on the 1099-S as a negative number. 
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