taxmap/pubs/p537-000.htm#en_us_publink1000221585taxmap/pubs/p537-000.htm#en_us_publink1000268921New Form 8949 and electing out of the installment method.
(p1)Form 8949, Sales and Other Dispositions of Capital Assets, is new. Many transactions that, in previous years, would have been reported on Schedule D (Form 1040) must be reported on Form 8949 if they occur in 2011. If you are filing Form 1040, U.S. Individual Income Tax and you are electing out of the installment method, make the election by reporting your sale on Form 8949, Form 4797, or
both.
taxmap/pubs/p537-000.htm#en_us_publink1000267229The IRS has created a page on IRS.gov for more information about Publication 537, at
www.irs.gov/pub537. Information about any future developments affecting Publication 537 (such as legislation enacted after we release it) will be posted on that
page.
taxmap/pubs/p537-000.htm#en_us_publink1000221587Photographs of missing children.
(p1)The Internal Revenue Service (IRS) is a proud partner with the National Center for Missing and Exploited Children. Photographs of missing children selected by the Center may appear in this publication on pages that would otherwise be blank. You can help bring these children home by looking at the photographs and calling 1-800-THE-LOST (1-800-843-5678) if you recognize a child.
Note.
Section references within this publication are to the Internal Revenue Code and regulation references are to the Income Tax Regulations under the
Code.
An 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.
This publication discusses the general rules that apply to using the installment method. It also discusses more complex rules that apply only when certain conditions exist or certain types of property are sold. There are two examples of reporting installment sale income on Form 6252, Installment Sale Income, near the end of the
publication.
If you sell your home or other nonbusiness property under an installment plan, you may need to read only the
General Rules. If you sell business or rental property or have a like-kind exchange or other complex situation, also see the appropriate discussion under
Other Rules.
taxmap/pubs/p537-000.htm#en_us_publink1000269011We welcome your comments about this publication and your suggestions for future
editions.
You can write to us at the following address:
Internal Revenue Service
Individual and Specialty Forms and
Publications Branch
SE:W:CAR:MP:T:I
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Washington, DC 20224
We respond to many letters by telephone. Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your
correspondence.
You can email us at
taxforms@irs.gov. Please put "Publications Comment" on the subject line. You can also send us comments from
www.irs.gov/formspubs/. Select "Comment on Tax Forms and Publications" under "Information
About."
Although we cannot respond individually to each comment received, we do appreciate your feedback and will consider your comments as we revise our tax
products.
taxmap/pubs/p537-000.htm#en_us_publink1000269012Visit
www.irs.gov/formspubs/
to download forms and publications, call 1-800-829-3676, or write to the address
below and receive a response within 10 days after your request is received.
Internal Revenue Service
1201 N. Mitsubishi Motorway
Bloomington, IL 61705-6613 taxmap/pubs/p537-000.htm#en_us_publink1000269013If you have a tax question, check the information available on IRS.gov or call 1-800-829-1040. We cannot answer tax questions sent to either of the above
addresses.
taxmap/pubs/p537-000.htm#TXMP64554a73Useful items
You may want to see:
Publication 523 Selling Your Home 538 Accounting Periods and Methods 541 Partnerships 544 Sales and Other Dispositions of Assets 550 Investment Income and Expenses 551 Basis of Assets 925 Passive Activity and At-Risk Rules 4681 Canceled Debts, Foreclosures, Repossessions, and Abandonments 4895 Tax Treatment of Property Acquired From a Decedent Dying in
2010 Form (and Instructions) 4797:
Sales of Business Property 6252:
Installment Sale Income See
How To Get Tax Help
near the end of this publication for information about getting publications and
forms.
taxmap/pubs/p537-000.htm#en_us_publink1000221591An installment sale is a sale of property where you receive at least one payment after the tax year of the sale.
The rules for installment sales do not apply if you elect not to use the installment method (see
Electing Out of the Installment Method under
Other Rules, later) or the transaction is one for which the installment method may not
apply.
The installment sales method cannot be used for the following.
taxmap/pubs/p537-000.htm#en_us_publink1000221592The regular sale of inventory of personal property does not qualify as an installment sale even if you receive a payment after the year of sale. See
Sale of a Business under
Other Rules, later.
taxmap/pubs/p537-000.htm#en_us_publink1000221593Sales of personal property by a person who regularly sells or otherwise disposes of the same type of personal property on the installment plan are not installment sales. This rule also applies to real property held for sale to customers in the ordinary course of a trade or business. However, the rule does not apply to an installment sale of property used or produced in farming.
taxmap/pubs/p537-000.htm#en_us_publink1000221594Dealers of time-shares and residential lots can treat certain sales as installment sales and report them under the installment method if they elect to pay a special interest charge. For more information, see section
453(l).
taxmap/pubs/p537-000.htm#en_us_publink1000221595You cannot use the installment method to report gain from the sale of stock or securities traded on an established securities market. You must report the entire gain on the sale in the year in which the trade date falls.
taxmap/pubs/p537-000.htm#en_us_publink1000221596The 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.