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Level 3
June 22, 2021
Question

Where do I report nominee distribution that was made on a 1099-S Received?

  • June 22, 2021
  • 1 reply
  • 31 views

I have a client (person A) who received a 1099-S for proceeds on a property he sold in a 1031 Exchange.  He had another investor (person B) in the property who did not receive his share of the 1099-S.  Person A paid Person B 1/3 of the proceeds (what he was entitled to) and issued a 1099-Misc for the Nominee Distribution.  So far so good.

When I prepared the return, I showed the proceeds paid to Person B as a Nominee Distribution on Person A's return.  This resulted in a negative amount on Line 13 of Schedule D.  When the return was filed, the return was rejected.

The question I have is if there is a better way to enter this payment.  If not, then Person A will have to file a paper return.  Am I correct here?

 

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1 reply

sjrcpa
Level 15
June 22, 2021

How about in  the adjustment column?

I'm not so sure 1099-MISC was the correct form to issue. If Person B's cut was really an expense, then for the Sch D it would be an expense of sale.

The more I know the more I don’t know.
MerciedAuthor
Level 3
June 23, 2021

Double checked the docs.  It wasn't a 1099-Misc that the client created but a 1099-S.  So the best thing would be to reduce the proceeds as an offset?

sjrcpa
Level 15
June 23, 2021

IRS gets the 1099-S issued to your client and will use that for matching. I would not reduce the Proceeds on your client's return.

The more I know the more I don’t know.