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The estimated average time is: Recordkeeping 1 hr., 25 min. Learning about the law or the form 39 min. 56 min. Preparing the form Copying, assembling, and sending the form to the IRS 20 min. If you sold marketable securities to a related party, complete form 6252 for each year of the installment agreement even if you did not receive a payment.
The estimated average time is: Recordkeeping 1 hr., 25 min. Learning about the law or the form 39 min. 56 min. Preparing the form Copying, assembling, and sending the form to the IRS 20 min. If you sold marketable securities to a related party, complete form 6252 for each year of the installment agreement even if you did not receive a payment.
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The estimated average time is: Recordkeeping 1 hr., 25 min. Learning about the law or the form 39 min. 56 min. Preparing the form Copying, assembling, and sending the form to the IRS 20 min. If you sold marketable securities to a related party, complete form 6252 for each year of the installment agreement even if you did not receive a payment.
Copyright:
Attribution Non-Commercial (BY-NC)
Verfügbare Formate
Als PDF, TXT herunterladen oder online auf Scribd lesen
Installment Sale Income (Section references are to the Internal Revenue Code unless otherwise noted.)
Paperwork Reduction any year you receive a payment from an
installment sale. However, you may use the installment method if you can show to the satisfaction Act Notice Related Party Sales.—If you sold of the IRS that avoidance of Federal marketable securities to a related party income taxes was not one of the principal We ask for the information on this form to purposes of the sale (e.g., no significant carry out the Internal Revenue laws of the (defined below), complete Form 6252 for each year of the installment agreement tax deferral benefits will result from the United States. You are required to give us sale). the information. We need it to ensure that even if you did not receive a payment. For you are complying with these laws and to any year after the year of sale, complete If the installment method does not apply, allow us to figure and collect the right lines 1 through 4, and Part III. If you report the sale on Schedule D or Form amount of tax. received a payment, also complete Part II. 4797, whichever applies. Treat all If you sold property other than payments you will receive as if they were The time needed to complete and file received in the year of sale. Use fair this form will vary depending on individual marketable securities to a related party, complete Form 6252 for the year of sale market value for any payment that is circumstances. The estimated average time contingent as to amount. If the fair market is: and for 2 years after the year of sale even if you did not receive a payment. If during value cannot be readily determined, basis Recordkeeping 1 hr., 25 min. this 2-year period you did not receive an is recovered ratably. Learning about the actual or deemed payment, complete lines Pledge Rule.—If an installment obligation law or the form 39 min. 1 through 4, and Part III. After this 2-year from a nondealer disposition of real Preparing the form 56 min. period, see For Years After the Year of property used in a trade or business or Copying, assembling, and Sale, above. held for the production of rental income sending the form to the IRS 20 min. with a sales price over $150,000 is Special Rules pledged as security on debt after If you have comments concerning the December 17, 1987, treat the net proceeds accuracy of these time estimates or Interest.—If any part of an installment payment you received is for interest, be of the secured debt as a payment on the suggestions for making this form more installment obligation. This rule applies to simple, we would be happy to hear from sure to report that interest on the appropriate form or schedule. Do not the disposition of any property under the you. You can write to both the IRS and the installment method after 1988 with a sales Office of Management and Budget at the report interest received, carrying charges received, or unstated interest on Form price over $150,000, except for farm addresses listed in the instructions for the property and personal use property tax return with which this form is filed. 6252. See Pub. 537 for details on unstated interest. disposed of by an individual. The amount treated as a payment cannot exceed the Installment Sales to Related Party.—A excess of the total contract price over any General Instructions special rule applies to a first disposition payments received under the contract (sale or exchange) of property under the before the secured debt was obtained. Purpose of Form installment method to a related party who then makes a second disposition (sale, The pledge rule does not apply to Use Form 6252 to report income from exchange, gift, or cancellation of pledges made after December 17, 1987, if casual sales of real or personal property installment note) before making all the debt is incurred to refinance the (other than inventory) if you will receive any payments on the first disposition. For this principal amount of a debt that was payments in a tax year after the year of purpose, a related party includes your outstanding on December 17, 1987, AND sale. spouse, child, grandchild, parent, brother, was secured by nondealer real property Do not use Form 6252 to report sales installment obligations on that date and at after 1986 of stock or securities traded on sister, or a related corporation, S corporation, partnership, estate, or trust. all times after that date until the an established securities market. Treat all refinancing occurred. However, this payments from these sales as received in See section 453(f)(1) for more details. exception does not apply to the extent that the year you sold the stock. Under this rule, you treat part or all of the principal amount of the debt resulting Do not use Form 6252 if you elect not to the amount the related party realized (or from the refinancing exceeds the principal report the sale on the installment method. the fair market value if the disposed amount of the refinanced debt immediately To elect out, report the full amount of the property is not sold or exchanged) from before the refinancing. Also, the pledge gain on a timely filed return (including the second disposition as if you received it rule does not affect refinancing due to the extensions), using Form 4797, Sales of from the first disposition at the time of the calling of a debt by the creditor as long as Business Property, or the Schedule D for second disposition. Figure the gain, if any, the debt is then refinanced by a person your return, whichever applies. on lines 30 through 37. This rule does not other than this creditor or someone related apply if any of the exceptions listed on line to the creditor. Note: Generally, once you file Form 6252, 29 are met. you cannot later elect out of the installment Interest on Deferred Tax.—Generally, method. Get Pub. 537, Installment Sales, Sale of Depreciable Property to Related interest must be paid on the deferred tax for details. Person.—Generally, if you sell depreciable related to any obligation that arises during property to a related person (as defined in a tax year from the disposition of property Which Parts To Complete section 453(g)(3)), you may not report the under the installment method if: sale using the installment method. For this For the Year of Sale.—Complete lines 1 purpose, depreciable property is any ● The property had a sales price over through 26. property that can be depreciated by the $150,000 AND For Years After the Year of Sale.— person or entity to whom you transfer it. ● The aggregate balance of all nondealer Complete lines 1 through 4, and Part II, for installment obligations arising during, and
Cat. No. 64262Q
outstanding at the close of, the tax year is deducted from the date of purchase until any remaining recapture from a prior year more than $5 million. the date of sale. Add any section 179 sale. Do not enter ordinary income from a Interest must be paid in subsequent expense deduction; the downward basis section 179 expense deduction. If this is years if installment obligations, which adjustment under section 50(c) (or the the year of sale, complete Form 4797, Part originally required interest to be paid, are corresponding provision of prior law); the III. The amount from line 29c, 30b, or 31b still outstanding at the close of a tax year. deduction for qualified clean-fuel vehicle of Form 4797 is the ordinary income property or refueling property; and recapture. Do not enter any gain for this These rules do not apply to dispositions deductions claimed under section 190, property on line 33 or 34 of Form 4797. If of: 193, or 1253(d)(2) or (3) (as in effect before you used Form 4797 only to figure the ● Farm property, the enactment of P.L. 103-66). Subtract recapture on line 25 or 36, enter “N/A” on ● Personal use property by an individual, any investment tax credit recapture lines 33 and 34 of Form 4797. amount if the basis of the property was ● Real property in tax years beginning Also report on this line any ordinary reduced under section 50(c) (or the income recapture remaining from prior before 1988, or corresponding provision of prior law); any years on section 1245 or 1250 property ● Personal property before 1989. section 179 or 280F recapture amount sold before June 7, 1984. How to report the interest.—The interest included in gross income in a prior tax year; and any qualified clean-fuel vehicle Do not enter on line 25 more than the is not figured on Form 6252. See section property or refueling property deduction amount shown on line 24. The excess 453A to figure the interest. Enter the you were required to recapture because must be reported in future years on Form interest as an additional tax on your tax the property ceased to be eligible for the 6252 up to the taxable part of the return. Include it in the amount to be deduction. Do not include on this line any installment sale until all of the recapture entered on the total tax line after credits section 179 expense deduction for a has been reported. and other taxes. For individuals, this is line 53 of the 1993 Form 1040. For partnership or an S corporation that Line 26.—For trade or business property, corporations, it is line 10 of Schedule J passed through the deduction to its enter this amount on Form 4797, line 4, if (Form 1120). Write “Section 453A(c) partners or shareholders. the property was held more than 1 year. If interest” to the left of the amount. Line 11.—Enter sales commissions, the property was held 1 year or less, or if advertising expenses, attorney and legal you have an ordinary gain from a Corporations may deduct the interest in fees, etc., in selling the property. noncapital asset (even if the holding period the year it is paid or accrued. For is more than 1 year), enter this amount on individuals and other taxpayers, this Line 12.—Any ordinary income recapture Form 4797, line 11, and write “From Form interest is not deductible. under section 1245 or 1250 (including 6252.” sections 179 and 291) is fully taxable in Additional Information the year of sale even if no payments were For capital assets, enter this amount on received. To figure the recapture, complete Schedule D as a short-term or long-term See Pub. 537 for additional information, gain. Use the lines identified as from Form including details about reductions in selling Form 4797, Part III. The ordinary income recapture is the amount on line 33 of Form 6252. price, the single sale of several assets, like-kind exchanges, dispositions of 4797. Enter it on line 12 of Form 6252 and Part III—Related Party Installment installment obligations, and repossessions. also on line 14 of Form 4797. Do not enter any gain for this property on line 34 of Sale Income Form 4797. If you used Form 4797 only to Line 29—If one of the exceptions apply, figure the recapture on line 12 of Form check the appropriate box. Skip lines 30 Specific Instructions 6252, enter “N/A” on line 34 of Form 4797. through 37. If you checked box 29e, attach an explanation. Generally, the nontax Part I—Gross Profit and Contract Part II—Installment Sale Income avoidance exception will apply to the Price Line 19.—Enter the gross profit percentage second disposition if: determined for the year of sale even if you ● The disposition was involuntary (e.g., a Line 5.—Enter the total of any money, face did not file Form 6252 for that year. creditor of the related person foreclosed amount of the installment obligation, and Line 21.—Enter all money and the fair on the property, or the related person the fair market value of other property that market value of any property you received declared bankruptcy), or you received or will receive in exchange for the property sold. Include on line 5 any in 1993. Include as payments any amount ● The disposition was an installment sale existing mortgage or other debt the buyer withheld to pay off a mortgage or other under which the terms of payment were assumed or took the property subject to. debt, such as broker and legal fees. Do substantially equal to or longer than those not include the buyer’s note, any for the first sale. However, the resale terms If there is no stated maximum selling mortgage, or other liability assumed by the must not permit significant deferral of price, such as in a contingent sale, attach buyer. If you did not receive any payments recognition of gain from the first sale (e.g., a schedule showing the computation of in 1993, enter zero. amounts from the resale are being gain. Enter the taxable part on line 24 and If in prior years an amount was entered collected sooner). also on line 35 if Part III applies. See Temporary Regulations section 15A.453. on the equivalent of line 32 of the 1993 Line 30.—If the related party sold all or form, do not include it on this line. Instead, part of the property from the original sale Line 6.— Enter only mortgages or other enter it on line 23. in 1993, enter the selling price of the part debts the buyer assumed from the seller or See Pledge Rule on page 1 for details resold. If part was sold in an earlier year took the property subject to. Do not about proceeds of debt secured by and part was sold this year, enter the include new mortgages the buyer gets installment obligations that must be treated cumulative amount of the selling price. from a bank, the seller, or other sources. as payments on installment obligations. Line 36.—See the instructions for line 25, Line 8.—Enter the original cost and other Line 23.—Enter all money and the fair above. Do not enter on line 36 more than expenses you incurred in buying the market value of property you received the amount shown on line 35. The excess property. Add the cost of improvements, before 1993 from the sale. Include must be reported in future years on Form etc., and subtract any qualified electric allocable installment income and any other 6252 up to the taxable part of the vehicle credit, diesel-powered highway deemed payments from prior years. installment sale until all of the recapture vehicle credit, enhanced oil recovery credit, Line 25.—Enter here and on Form 4797, has been reported. disabled access credit, or casualty losses previously allowed. For more details, get line 16, any ordinary income recapture on Line 37.—See the instructions for line 26, Pub. 551, Basis of Assets. section 1252, 1254, or 1255 property. This above. Line 9.—Enter all depreciation or includes recapture for the year of sale or amortization you deducted or should have