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Level 2
March 13, 2024
Question

non-refundable payment on land sale

  • March 13, 2024
  • 1 reply
  • 7 views

Client agreed to sell land to someone in 2023.  Land sale did not occur due to approvals from the twp.  Buyer pays cleint $20000 in 2023 to keep the agreement open/in tact.  The $20000 is non-refundable and will reduce the purchase price of the land in 2024 when/if it settles.  Does the tapayer report the $20000 as income in 2023?  and if so, how?  as capital gain? ordinary income?  instlallment sale?  The land has been owned by the client for 20+ years, farmland.

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1 reply

BobKamman
Level 15
March 13, 2024

That's an "option."  Not reported until it expires or is exercised.  Gain if it expires.  Added to sales proceeds if it is exercised.