Publication 225
taxmap/pubs/p225-041.htm#en_us_publink1000218492An installment sale is a sale of property where you receive at
least one payment after the tax year of the sale. If you realize a gain on an
installment sale, you may be able to report part of your gain when you receive
each payment. This method of reporting gain is called the installment method.
You cannot use the installment method to report a loss. You can choose to report
all of your gain in the year of sale.
taxmap/pubs/p225-041.htm#en_us_publink1000218493The buyer's obligation to make future payments to you can be
in the form of a deed of trust, note, land contract, mortgage, or other evidence
of the buyer's debt to you.
taxmap/pubs/p225-041.htm#TXMP55adb2b8Useful items
You may want to see:
Publication 523 Selling Your Home 535 Business Expenses
537 Installment Sales 538 Accounting Periods and Methods 544 Sales and Other Dispositions of Assets Form (and Instructions) 4797:
Sales of Business Property 6252:
Installment Sale Income See
chapter 16 for information about getting publications and forms.
taxmap/pubs/p225-041.htm#en_us_publink1000218494The installment sale of a farm for one overall price under a
single contract is not the sale of a single asset. It generally includes the
sale of real property and personal property reportable on the installment
method. It may also include the sale of property for which you must maintain an
inventory, which cannot be reported on the installment method. See
Inventory, later. The selling price must be allocated to determine the
amount received for each class of asset.
The tax treatment of the gain or loss on the sale of each class
of assets is determined by its classification as a capital asset, as property
used in the business, or as property held for sale and by the length of time the
asset was held. (See
chapter 8 for a discussion of capital assets and
chapter 9
for a discussion of property used in the business.) Separate computations must
be made to figure the gain or loss for each class of asset sold. See
Sale of a Farm in
chapter 8.
If you report the sale of property on the installment method,
any depreciation recapture under section 1245 or 1250 of the Internal Revenue
Code is generally taxable as ordinary income in the year of sale. See
Depreciation recapture, later. This applies even if no payments are received in that
year.