New IRS Form Required To Report Most Capital Gains and Losses in Investment Property

Real Estate Purchase & Sale Agreement

For tax year 2011, taxpayers must use Form 8949 (“Sales and Other Dispositions of Capital Assets”) to report most capital gains and losses from transactions on investment property. In earlier years, these transactions would have been reported on your IRS Schedule D or D-1. Remember, the IRS considers almost everything you own and use for personal purposes, pleasure or investment purposes to be a capital asset, including your home, household furnishings, IT and mobile equipment, stocks and bonds held in a personal account and the like. When you sell a capital asset, the difference between the sales price and your cost of acquiring the asset, plus qualifying improvements, minus allowable depreciation, where applicable, is a capital gain or a capital loss. You can only deduct capital losses on investment property, not property held and used for personal purposes or pleasure. If you have long-term gains in excess of long-term losses, you have a net capital gain but only to the extent your net long-term capital gain is more than your net short-term capital loss, if any.

The IRS advises taxpayers to now use Form 8949 to report the sale or exchange of a capital asset you are not reporting on another form or schedule , such as Form 6252 (“Installment Sale Income”), governing casual sales of real or personal property (other than inventory) on an installment basis, or Form 8824 (“Like-Kind Exchanges”), governing the exchange of like-kind real or personal property (other than dealer property). To learn more, see the instructions for Schedule D of Form 1040 and Publication 550 (“Investment Income and Expenses”).

You can obtain Form 8949 here:

You can obtain Publication 550 here: