| Publication 225 |
2008 Tax Year |
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.
Installment obligation.
The 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.
Topics - This chapter discusses:
Useful Items - You may want to see:
See chapter 16 for information about getting publications and forms.
Installment Sale of a Farm
The 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.
An installment sale is a sale of property where you receive at least one payment after the tax year of the sale. A farmer
who is not required to maintain an inventory can use the installment method to report gain from the sale of property used
or produced in farming. See Inventory, later, for information on the sale of farm property where inventory items are included in the assets sold.
If a sale qualifies as an installment sale, the gain must be reported under the installment method unless you elect out of
using the installment method. See Electing out of the installment method, later, for information on recognizing the entire gain in the year of sale.
Sale at a loss.
If your sale results in a loss, you cannot use the installment method. If the loss is on an installment sale of business
assets, you can deduct it only in the tax year of sale.
Figuring Installment Sale Income
Each payment on an installment sale usually consists of the following three parts.
In each year you receive a payment, you must include in income both the interest part and the part that is your gain on the
sale. You do not include in income the part that is the return of your basis in the property. Basis is the amount of your
investment in the property for installment sale purposes.
Interest income.
You must report interest as ordinary income. Interest is generally not included in a down payment. However, you may
have to treat part of each later payment as interest, even if it is not called interest in your agreement with the buyer.
Interest provided in the agreement is called stated interest. If the agreement does not provide for enough stated interest,
there may be unstated interest or original issue discount. See Unstated interest, later.
You must continue to report the interest income on payments you receive in subsequent years as interest income.
Adjusted basis and installment sale income (gain on sale).
After you have determined how much of each payment to treat as interest, you treat the rest of each payment as if
it were made up of two parts.
-
A tax-free return of your adjusted basis in the property, and
-
Your gain (referred to as “installment sale income” on Form 6252).
Figuring adjusted basis for installment sale purposes.
You can use Worksheet 10-A to figure your adjusted basis in the property for installment sale purposes. When you have
completed the worksheet, you will also have determined the gross profit percentage necessary to figure your installment sale
income (gain) for this year.
Worksheet 10-A. Figuring Adjusted Basis and Gross Profit Percentage
| 1. |
Enter the selling price for the property |
|
| 2. |
Enter your adjusted basis for the property |
|
|
| 3. |
Enter your selling expenses |
|
|
| 4. |
Enter any depreciation recapture |
|
|
| 5. |
Add lines 2, 3, and 4.
This is your adjusted basis
for installment sale purposes |
|
| 6. |
Subtract line 5 from line 1. If zero or less, enter -0-.
This is your gross profit |
|
| |
If the amount entered on line 6 is zero, Stop here. You cannot use the installment method.
|
|
| 7. |
Enter the contract price for the property |
|
| 8. |
Divide line 6 by line 7. This is your gross profit percentage |
|
Selling price.
The selling price is the total cost of the property to the buyer. It includes:
-
Any money you are to receive,
-
The fair market value (FMV) of any property you are to receive (FMV is discussed at Property used as a payment under Payments Received or Considered Received),
-
Any existing mortgage or other debt the buyer pays, assumes, or takes (a note, mortgage, or any other liability, such as a
lien, accrued interest, or taxes you owe on the property), and
-
Any of your selling expenses the buyer pays.
Do not include stated interest, unstated interest, any amount recomputed or recharacterized as interest, or original issue
discount.
Adjusted basis for installment sale purposes.
Your adjusted basis is the total of the following three items.
-
Adjusted basis.
-
Selling expenses.
-
Depreciation recapture.
Adjusted basis.
Basis is the amount of your investment in the property for installment sale purposes. The way you figure basis depends
on how you acquire the property. The basis of property you buy is generally its cost. The basis of property you inherit, receive
as a gift, build yourself, or receive in a tax-free exchange is figured differently.
While you own property, various events may change your original basis. Some events, such as adding rooms or making
permanent improvements, increase basis. Others, such as deductible casualty losses or depreciation previously allowed or allowable,
decrease basis. The result is adjusted basis.
Selling expenses.
Selling expenses are any expenses that relate to the sale of the property. They include commissions, attorney fees,
and any other expenses paid on the sale. Selling expenses are added to the basis of the sold property.
Depreciation recapture.
If the property you sold was depreciable property, you may need to recapture part of the gain on the sale as ordinary
income. See Depreciation Recapture Income in Publication 537.
Gross profit.
Gross profit is the total gain you report on the installment method.
To figure your gross profit, subtract your adjusted basis for installment sale purposes from the selling price. If
the property you sold was your home, subtract from the gross profit any gain you can exclude.
Contract price.
Contract price equals:
-
The selling price, minus
-
The mortgages, debts, and other liabilities assumed or taken by the buyer, plus
-
The amount by which the mortgages, debts, and other liabilities assumed or taken by the buyer exceed your adjusted basis for
installment sale purposes.
Gross profit percentage.
A certain percentage of each payment (after subtracting interest) is reported as installment sale income. This percentage
is called the gross profit percentage and is figured by dividing your gross profit from the sale by the contract price.
The gross profit percentage generally remains the same for each payment you receive. However, see the example under
Selling price reduced, later, for a situation where the gross profit percentage changes.
Amount to report as installment sale income.
Multiply the payments you receive each year (less interest) by the gross profit percentage. The result is your installment
sales income for the tax year. In certain circumstances, you may be treated as having received a payment, even though you
received nothing directly. A receipt of property or the assumption of a mortgage on the property sold may be treated as a
payment. For a detailed discussion, see Payments Received or Considered Received, later.
Selling price reduced.
If the selling price is reduced at a later date, the gross profit on the sale also will change. You then must refigure
the gross profit percentage for the remaining payments. Refigure your gross profit using Worksheet 10-B, New Gross Profit Percentage — Selling Price Reduced. You will spread any remaining gain over future installments.
Worksheet 10-B. New Gross Profit Percentage — Selling Price Reduced
| 1. |
Enter the reduced selling
price for the property
|
|
| 2. |
Enter your adjusted
basis for the
property
|
|
|
| 3. |
Enter your selling
expenses
|
|
|
| 4. |
Enter any depreciation
recapture
|
|
|
| 5. |
Add lines 2, 3, and 4. |
|
| 6. |
Subtract line 5 from line 1.
This is your adjusted
gross profit |
|
| 7. |
Enter any installment sale
income reported in
prior year(s)
|
|
| 8. |
Subtract line 7 from line 6 |
|
| 9. |
Future installments |
|
|
| 10. |
Divide line 8 by line 9.
This is your new
gross profit percentage*
.
|
|
Example.
In 2006, you sold land with a basis of $40,000 for $100,000. Your gross profit was $60,000. You received a $20,000 down payment
and the buyer's note for $80,000. The note provides for four annual payments of $20,000 each, plus 8% interest, beginning
in 2007. Your gross profit percentage is 60%. You reported a gain of $12,000 on each payment received in 2006 and 2007.
In 2008, you and the buyer agreed to reduce the purchase price to $85,000 and payments during 2008, 2009, and 2010 are reduced
to $15,000 for each year.
The new gross profit percentage, 46.67%, is figured in Worksheet 10-B.
You will report a gain of $7,000 (46.67% of $15,000) on each of the $15,000 installments due in 2008, 2009, and 2010.
Example — Worksheet 10-B. New Gross Profit Percentage — Selling Price Reduced
| 1. |
Enter the reduced selling
price for the property
|
85,000 |
| 2. |
Enter your adjusted
basis for the
property
|
40,000 |
|
| 3. |
Enter your selling
expenses
|
-0- |
|
| 4. |
Enter any depreciation
recapture
|
-0- |
|
| 5. |
Add lines 2, 3, and 4. |
40,000 |
| 6. |
Subtract line 5 from line 1.
This is your adjusted
gross profit |
45,000 |
| 7. |
Enter any installment sale
income reported in
prior year(s)
|
24,000 |
| 8. |
Subtract line 7 from line 6 |
21,000 |
| 9. |
Future installments |
|
45,000 |
| 10. |
Divide line 8 by line 9.
This is your new
gross profit percentage*
.
|
46.67% |
Electing out of the installment method.
If you elect not to use the installment method, you generally report the entire gain in the year of sale, even though
you do not receive all the sale proceeds in that year.
To make this election, do not report your sale on Form 6252. Instead, report it on Schedule D (Form 1040), Form 4797,
or both.
When to elect out.
Make this election by the due date, including extensions, for filing your tax return for the year the sale takes place.
However, if you timely file your tax return for the year the sale takes place without making the election, you still
can make the election by filing an amended return within 6 months of the due date of the return (excluding extensions). Write
“ Filed pursuant to section 301.9100-2” at the top of the amended return and file it where the original return was filed.
Revoking the election.
Once made, the election can be revoked only with IRS approval. A revocation is retroactive.
More information.
See Electing Out of the Installment Method in Publication 537 for more information.
Form 6252.
Use Form 6252 to report an installment sale in the year it takes place and to report payments received, or considered
received because of related party resales, in later years. Attach it to your tax return for each year.
Inventory.
If you are not required to maintain an inventory, you may be able to use the installment method to report the sale
of property you use or produce in your farming business. For examples of farm inventory, see Farm Inventory in chapter 2.
The sale of farm inventory items cannot be reported on the installment method. All gain or loss on their sale must
be reported in the year of sale, even if you receive payment in later years.
If inventory items are included in an installment sale, you may have an agreement stating which payments are for inventory
and which are for the other assets being sold. If you do not, each payment must be allocated between the inventory and the
other assets sold.
Disposition of installment obligation.
If you are using the installment method and you dispose of the installment obligation, generally you will have a gain
or loss to report. It is considered gain or loss on the sale of the property for which you received the installment obligation.
If the original installment sale produced ordinary income, the disposition of the obligation will result in ordinary income
or loss. If the original sale resulted in a capital gain, the disposition of the obligation will result in a capital gain
or loss.
Cancellation.
If an installment obligation is canceled or otherwise becomes unenforceable, it is treated as a disposition other
than a sale or exchange. Your gain or loss is the difference between your basis in the obligation and its fair market value
(FMV) at the time you cancel it. If the parties are related, the FMV of the obligation is considered to be no less than its
full face value.
Transfer due to death.
The transfer of an installment obligation (other than to a buyer) as a result of the death of the seller is not a
disposition. Any unreported gain from the installment obligation is not treated as gross income to the decedent. No income
is reported on the decedent's return due to the transfer. Whoever receives the installment obligation as a result of the seller's
death is taxed on the installment payments the same as the seller would have been had the seller lived to receive the payments.
However, if the installment obligation is canceled, becomes unenforceable, or is transferred to the buyer because
of the death of the holder of the obligation, it is a disposition. The estate must figure its gain or loss on the disposition.
If the holder and the buyer were related, the FMV of the installment obligation is considered to be no less than its full
face value.
More information.
For more information on the disposition of an installment obligation, see Publication 537.
Sale of depreciable property.
You generally cannot report gain from the sale of depreciable property to a related person on the installment method.
See Sale to a Related Person in Publication 537.
You cannot use the installment method to report any depreciation recapture income up to the gain on the sale. However,
report any gain greater than the recapture income on the installment method.
The recapture income reported in the year of sale is included in your installment sale basis to determine your gross
profit on the installment sale.
Figure your depreciation recapture income (including the section 179 deduction and the section 179A deduction recapture)
in Part III of Form 4797. Report the depreciation recapture income in Part II of Form 4797 as ordinary income in the year
of sale.
If you sell depreciable business property, prepare Form 4797 first in order to figure the amount to enter on line 12 of Part
I, Form 6252. See the Form 6252 instructions for details.
For more information on the section 179 deduction, see Section 179 Deduction in chapter 7. For more information on depreciation recapture, see Depreciation Recapture in chapter 9.
Payments Received or Considered Received
You must figure your gain each year on the payments you receive, or are treated as receiving, from an installment sale.
In certain situations, you are considered to have received a payment, even though the buyer does not pay you directly. These
situations occur when the buyer assumes or pays any of your debts, such as a loan, or pays any of your expenses, such as a
sales commission. However, as discussed below, the buyer's assumption of your debt is treated as a recovery of basis, rather
than as a payment, in many cases.
Buyer pays seller's expenses.
If the buyer pays any of your expenses related to the sale of your property, it is considered a payment to you in
the year of sale. Include these expenses in the selling and contract prices when figuring the gross profit percentage.
Buyer assumes mortgage.
If the buyer assumes or pays off your mortgage, or otherwise takes the property subject to the mortgage, the following
rules apply.
Mortgage less than basis.
If the buyer assumes a mortgage that is not more than your installment sale basis in the property, it is not considered
a payment to you. It is considered a recovery of your basis. The contract price is the selling price minus the mortgage.
Example.
You sell property with an adjusted basis of $19,000. You have selling expenses of $1,000. The buyer assumes your existing
mortgage of $15,000 and agrees to pay you $10,000 (a cash down payment of $2,000 and $2,000 (plus 8% interest) in each of
the next 4 years).
The selling price is $25,000 ($15,000 + $10,000). Your gross profit is $5,000 ($25,000 − $20,000 installment sale basis).
The contract price is $10,000 ($25,000 − $15,000 mortgage). Your gross profit percentage is 50% ($5,000 ÷ $10,000). You report
half of each $2,000 payment received as gain from the sale. You also report all interest you receive as ordinary income.
Mortgage more than basis.
If the buyer assumes a mortgage that is more than your installment sale basis in the property, you recover your entire
basis. The part of the mortgage greater than your basis is treated as a payment received in the year of sale.
To figure the contract price, subtract the mortgage from the selling price. This is the total amount you will receive
directly from the buyer. Add to this amount the payment you are considered to have received (the difference between the mortgage
and your installment sale basis). The contract price is then the same as your gross profit from the sale.
If the mortgage the buyer assumes is equal to or more than your installment sale basis, the gross profit percentage always
will be 100%.
Example.
The selling price for your property is $9,000. The buyer will pay you $1,000 annually (plus 8% interest) over the next 3 years
and assume an existing mortgage of $6,000. Your adjusted basis in the property is $4,400. You have selling expenses of $600,
for a total installment sale basis of $5,000. The part of the mortgage that is more than your installment sale basis is $1,000
($6,000 − $5,000). This amount is included in the contract price and treated as a payment received in the year of sale. The
contract price is $4,000:
Your gross profit on the sale is also $4,000:
Your gross profit percentage is 100%. Report 100% of each payment (less interest) as gain from the sale. Treat the
$1,000 difference between the mortgage and your installment sale basis as a payment and report 100% of it as gain in the year
of sale.
Buyer assumes other debts.
If the buyer assumes any other debts, such as a loan or back taxes, it may be considered a payment to you in the year
of sale.
If the buyer assumes the debt instead of paying it off, only part of it may have to be treated as a payment. Compare
the debt to your installment sale basis in the property being sold. If the debt is less than your installment sale basis,
none of it is treated as a payment. If it is more, only the difference is treated as a payment. If the buyer assumes more
than one debt, any part of the total that is more than your installment sale basis is considered a payment. These rules are
the same as the rules discussed earlier under Buyer assumes mortgage. However, they apply only to the following types of debt the buyer assumes.
-
Those acquired from ownership of the property you are selling, such as a mortgage, lien, overdue interest, or back taxes.
-
Those acquired in the ordinary course of your business, such as a balance due for inventory you purchased.
If the buyer assumes any other type of debt, such as a personal loan or your legal fees relating to the sale, it is
treated as if the buyer had paid off the debt at the time of the sale. The value of the assumed debt is then considered a
payment to you in the year of sale.
Property used as a payment.
If you receive property rather than money from the buyer, it is still considered a payment in the year received. However,
see Trading property for like-kind property, later. Generally, the amount of the payment is the property's FMV on the date you receive it.
Exception.
If the property the buyer gives you is payable on demand or readily tradable, the amount you should consider as payment
in the year received is:
-
The FMV of the property on the date you receive it if you use the cash receipts and disbursements method of accounting,
-
The face amount of the obligation on the date you receive it if you use the accrual method of accounting, or
-
The stated redemption price at maturity less any original issue discount (OID) or, if there is no OID, the stated redemption
price at maturity appropriately discounted to reflect total unstated interest. See Unstated interest, later.
Debt not payable on demand.
Any evidence of debt you receive from the buyer that is not payable on demand is not considered a payment. This is
true even if the debt is guaranteed by a third party, including a government agency.
Fair market value (FMV).
This is the price at which property would change hands between a willing buyer and a willing seller, neither being
under any compulsion to buy or sell and both having a reasonable knowledge of all the necessary facts.
Third-party note.
If the property the buyer gives you is a third-party note (or other obligation of a third party), you are considered
to have received a payment equal to the note's FMV. Because the FMV of the note is itself a payment on your installment sale,
any payments you later receive from the third party are not considered payments on the sale. The excess of the note's face
value over its FMV is interest. Exclude this interest in determining the selling price of the property. However, see Exception under Property used as a payment, earlier.
Example.
You sold real estate in an installment sale. As part of the down payment, the buyer assigned to you a $50,000, 8% third-party
note. The FMV of the third-party note at the time of the sale was $30,000. This amount, not $50,000, is a payment to you in
the year of sale. The third-party note had an FMV equal to 60% of its face value ($30,000 ÷ $50,000), so 60% of each principal
payment you receive on this note is a nontaxable return of capital. The remaining 40% is interest taxed as ordinary income.
Bond.
A bond or other evidence of debt you receive from the buyer that is payable on demand or readily tradable in an established
securities market is treated as a payment in the year you receive it. For more information on the amount you should treat
as a payment, see Exception, under Property used as a payment, earlier.
If you receive a government or corporate bond for a sale before October 22, 2004, and the bond has interest coupons
attached or can be readily traded in an established securities market, you are considered to have received payment equal to
the bond's FMV. However, see Exception, under Property used as a payment, earlier.
Buyer's note.
The buyer's note (unless payable on demand) is not considered payment on the sale. However, its full face value is
included when figuring the selling price and the contract price. Payments you receive on the note are used to figure your
gain in the year received.
Sale to a related person.
If you sell depreciable property to a related person and the sale is an installment sale, you may not be able to report
the sale using the installment method. For information on these rules, see the instructions for Form 6252 and Sale to a Related Person in Publication 537.
Trading property for like-kind property.
If you trade business or investment property solely for the same kind of property to be held as business or investment
property, you can postpone reporting the gain. See Like-Kind Exchanges in chapter 8 for a discussion of like-kind property.
If, in addition to like-kind property, you receive an installment obligation in the exchange, the following rules
apply to determine installment sale income each year.
-
The contract price is reduced by the FMV of the like-kind property received in the trade.
-
The gross profit is reduced by any gain on the trade that can be postponed.
-
Like-kind property received in the trade is not considered payment on the installment obligation.
Unstated interest.
An installment sale contract may provide that each deferred payment on the sale will include interest or that there
will be an interest payment in addition to the principal payment. Interest provided in the contract is called stated interest.
If an installment sale contract does not provide for adequate stated interest, part of the stated principal amount
of the contract may be recharacterized as interest. If Internal Revenue Code section 483 applies to the contract, this interest
is called unstated interest.
If Internal Revenue Code section 1274 applies to the contract, this interest is called original issue discount (OID).
Generally, if a buyer gives a debt in consideration for personal use property, the unstated interest rules do not
apply. Therefore, the buyer cannot deduct the unstated interest. The seller must report the unstated interest as income. Personal-use
property is any property in which substantially all of its use by the buyer is not in connection with a trade or business
or an investment activity.
If the debt is subject to the section 483 rules and is also subject to the below-market loan rules, such as a gift
loan, compensation-related loan or corporation-shareholder loan, then both parties are subject to the below-market loan rules
rather than the unstated interest rules.
Unstated interest reduces the stated selling price of the property and the buyer's basis in the property. It increases
the seller's interest income and the buyer's interest expense.
In general, an installment sale contract provides for adequate stated interest if the stated interest rate (based
on an appropriate compounding period) is at least equal to the applicable federal rate (AFR).
The AFRs are published monthly in the Internal Revenue Bulletin (IRB). You can get this information by contacting an IRS office.
IRBs are also available on the IRS website at www.irs.gov/irb.
More information.
For more information, see Unstated Interest and Original Issue Discount (OID) in Publication 537.
Example.
You sell property at a contract price of $6,000 and your gross profit is $1,500. Your gross profit percentage is 25% ($1,500
÷ $6,000). After subtracting interest, you report 25% of each payment, including the down payment, as installment sale income
from the sale for the tax year you receive the payment. The remainder (balance) of each payment is the tax-free return of
your adjusted basis.
On January 3, 2008, you sold your farm, including the equipment and livestock (cattle used for breeding). You received $50,000
down and the buyer's note for $200,000. In addition, the buyer assumed an outstanding $50,000 mortgage on the farm land. The
total selling price was $300,000. The note payments of $25,000 each, plus adequate interest, are due every July 1 and January
1, beginning in July 2008. Your selling expenses were $15,000.
Adjusted basis and depreciation.
The adjusted basis and depreciation claimed on each asset sold are as follows:
Gain on each asset.
The following schedule shows the assets included in the sale, each asset's selling price based on its respective value,
the selling expense allocated to each asset, the adjusted basis of each asset, and the gain on each asset. The selling expense
for each asset is 5% of the selling price ($15,000 selling expense ÷ $300,000 selling price). The livestock and produce held
for sale were sold in 2007 in anticipation of selling the farm. The section 179 deduction was not claimed on any asset.
Depreciation recapture.
The buildings are section 1250 property. There is no depreciation recapture income for them because they were depreciated
using the straight line method. See chapter 9 for more information on depreciation recapture.
Special rules may apply when you sell section 1250 assets depreciated under the straight line method. See the Unrecaptured Section 1250 Gain Worksheet in the instructions for Schedule D (Form 1040).
The truck used for hauling is section 1245 property. The entire depreciation of $3,001 is recapture income because
it is less than the gain on the truck. The remaining gain of $250 is reported on the installment method.
The equipment and tractor are section 1245 property. The entire gain on each ($6,961 and $12,661, respectively) is
depreciation recapture income.
The cattle used for breeding and held for less than 2 years are section 1245 property. The entire depreciation of
$1,977 is recapture income because it is less than the gain. The remaining gain of $750 is reported on the installment method.
The cattle used for breeding and held for 2 years or more are also section 1245 property. Since the gain of $18,167
is less than the depreciation claimed ($19,167), the total gain is depreciation recapture income.
The total depreciation recapture income figured in Part III of Form 4797 is $42,767. (This is the sum of: $3,001 +
$6,961 + $12,661 + $1,977 + $18,167.) Depreciation recapture income is reported as ordinary income in the year of sale even
if no payments were received.
The part of the gain reported as depreciation recapture income on the truck and the cattle held less than 2 years
($3,001 and $1,977) is added to the adjusted basis of each property when making the installment sale computations.
Assets not reported on the installment method.
In the year of sale, the gain on the cattle held 2 years or more, the equipment, and the tractor is reported in full.
Because the entire gain on the home can be excluded from income, the installment method does not apply to the sale of the
home. See Sale of your home in chapter 8. The selling price of these assets ($110,000) is subtracted from the total selling price ($300,000). The selling
price for the assets included in the installment sale is $190,000.
Installment sale basis and gross profit.
The following table shows each asset reported on the installment method, its selling price, installment sale basis,
and gross profit.
Section 1231 gains.
The ordinary income part of the gain on the truck is reported in the year of sale, so the remaining gain ($250) and
the gain on the land and buildings are reported as section 1231 gains. The cattle held for less than 2 years do not qualify
for section 1231 treatment. The $750 gain on their sale is reported as ordinary gain in Part II of Form 4797 as payments are
received. See Section 1231 Gains and Losses in chapter 9.
Contract price and gross profit percentage.
The contract price is $140,000 for the part of the sale reported on the installment method. This is the selling price
($300,000) minus the mortgage assumed ($50,000) minus the selling price of the assets with gains fully reported in the year
of sale or excluded from income ($110,000).
Gross profit percentage for the sale is 58.75% ($82,250 gross profit ÷ $140,000 contract price). The gross profit
percentage for each asset is figured as follows:
Figuring the gain to report on the installment method.
Only 56% of each payment is reported on the installment method [$140,000 contract price ÷ $250,000 to be received
on the sale ($300,000 selling price − $50,000 mortgage assumed)]. The total amount received on the installment sale
in 2008 is $75,000 ($50,000 down payment + $25,000 payment on July 1). The installment sale part of the total payments received
in 2008 is $42,000 ($75,000 × .56). Figure the gain to report for each asset by multiplying its gross profit percentage times
$42,000.
Reporting the sale.
Report the installment sale on Form 6252. Then report the amounts from Form 6252 on Form 4797 and Schedule D (Form
1040). Attach a separate page to Form 6252 that shows the computations in the example.
If you sell depreciable business property, prepare Form 4797 first in order to figure the amount to enter on line 12 of Part
I, Form 6252.
Section 1231 gains.
The gains on the land, buildings, and truck are section 1231 gain. They may be reported as either capital or ordinary
gain depending on the net balance when combined with other section 1231 losses. A net 1231 gain is capital gain and a net
1231 loss is an ordinary loss.
Depreciation recapture and gain on cattle.
In the year of sale, you must report the total depreciation recapture income on Form 4797. The $225 gain on the cattle
held less than 2 years is ordinary income reported in Part II of Form 4797. See Table 9-1 in chapter 9.
Installment income for years after 2008.
You figure installment income for the years after 2008 by applying the same gross profit percentages to the payments
you receive each year. If you receive $50,000 during the year, $28,000 is considered received on the installment sale (56%
× $50,000). You realize income as follows:
In this example, no gain ever is recognized from the sale of your home. You will report the gain on cattle held less
than 2 years as ordinary gain in Part II of Form 4797. You will combine your section 1231 gains from this sale with section
1231 gains and losses from other sales in each of the later years to determine whether to report them as ordinary or capital
gains. The interest received with each payment will be included in full as ordinary income.
Summary.
The installment income (rounded to the nearest dollar) from the sale of the farm is reported as follows:
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