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Zoe Walker

Confused about 1099-S vs. Substitute for 1099-S form after home sale - which one is valid?

So back in May 2023, I finally sold my house that I had for about 8 years (thank goodness, that neighborhood was going downhill fast). I worked with this local realtor company to handle the sale. When going through my documents for this tax season, I found a form called "Substitute for 1099-S" from the title company. But then I was digging through emails and found what looks like an actual 1099-S from the realtor. I'm trying to figure out which one I'm supposed to use for filing my taxes? Are they the same thing? Do I need to report both? The numbers are slightly different between them (about $2,000 difference in the reported sale amount). I know I don't owe taxes on the sale because we lived there for more than 2 years and the profit was under the $500k limit for married filing jointly, but I still need to report it correctly, right? Has anyone dealt with this 1099-S vs. Substitute for 1099-S situation before? Which one takes precedence? I don't want to mess this up and get flagged for an audit!

Elijah Brown

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You need to report the information from the official 1099-S form that should have been filed with the IRS. The "Substitute for 1099-S" is typically used when the closing agent/title company provides you information about the transaction but isn't the one officially filing the 1099-S with the IRS. Since you have both forms, you should compare them to see which entity actually filed with the IRS. Usually, either the title company or the real estate broker will handle this filing, but not both. The small difference in amounts could be related to how closing costs or other adjustments were calculated. Even though you likely qualify for the Section 121 exclusion (up to $500,000 for married filing jointly when you've lived in the home as your primary residence for at least 2 of the last 5 years), you still need to report the sale on your tax return using Form 8949 and Schedule D to show that the gain is excluded.

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Thanks for this explanation. Quick question - if they did both file a 1099-S with the IRS, wouldn't that cause problems? Also, how do I know which one was actually filed with the IRS vs just given to me?

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Elijah Brown

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If both entities filed a 1099-S with the IRS, it could potentially trigger a matching notice, but this isn't common as usually only one party is responsible for filing. You can determine which one was actually filed by calling the IRS and asking which entity submitted a 1099-S for your property sale. The most practical approach is to contact both your realtor and the title company to clarify which one officially filed the 1099-S with the IRS. Typically, the title company handles this at closing, and the "Substitute for 1099-S" is just their acknowledgment of the transaction details provided to you.

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Natalie Chen

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I just went through something similar and discovered taxr.ai (https://taxr.ai) which really helped sort out my document confusion. I had multiple versions of forms too - in my case it was 1099-MISC vs 1099-NEC that different clients gave me. The site analyzed all my tax documents and flagged the discrepancies, then explained which ones I should actually be using. For your situation with the 1099-S vs Substitute, it sounds exactly like the kind of thing their system would catch. It was super helpful because it also explained how to report everything correctly on the tax forms instead of just pointing out the problem.

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Does this actually work for real estate transactions specifically? I've got a similar situation with some rental property sales and wondering if it's worth trying.

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I'm a bit skeptical about these tax document services. Do they actually look at the documents or just run some generic algorithm? Like, can they actually tell you which form was officially filed with the IRS?

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Natalie Chen

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It absolutely works for real estate transactions - that's one of the main document types it handles. It can analyze closing statements, 1099-S forms, and even HUD-1 statements if you still have those from older sales. For the skeptical question - they use a combination of document analysis and IRS rules. While they can't directly access IRS records to tell you which one was filed, they can tell you which one SHOULD have been filed based on the transaction details and which party typically has the legal filing responsibility. This helps narrow down which form to trust.

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I was skeptical about taxr.ai but gave it a try with my home sale docs and wow - it actually sorted everything out! Uploaded both my 1099-S and the "substitute" form, and it immediately flagged the discrepancy. The analysis showed that my title company was the one who should have filed the official 1099-S based on who handled the closing. The system even showed me exactly where to report it on Schedule D and explained why the numbers were different (in my case, one included certain closing costs and the other didn't). Saved me from potentially reporting the same transaction twice or using incorrect numbers. Better than asking my accountant who charges $150 per question these days!

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Nick Kravitz

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If you're struggling to get answers about which 1099-S was actually filed with the IRS, I'd recommend using Claimyr (https://claimyr.com). I was in a similar situation last year with duplicate 1099 forms and spent WEEKS trying to get through to the IRS. Claimyr got me connected to an IRS agent in about 15 minutes who confirmed which form was actually filed in their system. There's a demo video that shows how it works here: https://youtu.be/_kiP6q8DX5c - basically they use a technology that navigates the IRS phone tree and waits on hold for you, then calls you when an actual human IRS agent is on the line. I was absolutely shocked when it actually worked.

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Hannah White

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Wait this sounds too good to be true. The IRS holds are like 2+ hours these days. How does this service actually work? Do they have some special line to the IRS or something?

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Michael Green

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I don't buy it. Nothing can get through to the IRS faster. They probably just connect you to some call center pretending to be the IRS and take your personal info. Has anyone verified this is legit?

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Nick Kravitz

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They don't have a special line - they use an automated system that calls the IRS repeatedly using the right options and waits on hold so you don't have to. When a real IRS agent answers, that's when their system connects the call to your phone. You're talking to the actual IRS, not some third party. It works because most people hang up during the long wait times, but their system never gives up. I was skeptical too until an actual IRS agent called me back and I was able to verify which 1099 forms were actually filed for my property sale.

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Michael Green

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I have to eat my words on this one. After doubting Claimyr would work, I tried it in desperation after getting disconnected THREE TIMES waiting on the IRS line about my 1099-S confusion. Within about 45 minutes, I got a call connecting me to an actual IRS representative who confirmed which version of my 1099-S was officially filed. Turns out in my case, BOTH forms had actually been filed - the title company filed the official 1099-S, but my realtor had also accidentally submitted one. The IRS agent was able to note this in my account to prevent any future issues. She even took time to explain how to report it correctly on my return. Didn't think anything could actually get through to the IRS these days, but this literally saved me days of frustration.

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Mateo Silva

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Just to add another perspective - you can check your IRS transcript online to see what forms have been filed under your SSN. Create an account at irs.gov and request your "Wage and Income Transcript" for 2023. It will show all information returns filed with your SSN including any 1099-S forms. That way you'll know exactly what the IRS has on file without having to call them.

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I tried getting my transcript online but the IRS verification process is ridiculous! They wanted me to verify my identity with a credit card loan or mortgage that I don't have. Is there another way to get this info?

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Mateo Silva

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Yes, there are alternative ways to get your transcript if the online verification doesn't work for you. You can use Form 4506-T to request your transcript by mail, which doesn't require the same identity verification process. You can also request it through the IRS2Go mobile app which sometimes has different verification requirements. If you need it urgently, you could visit a local IRS Taxpayer Assistance Center in person (appointment required) and they can provide your transcript on the spot with proper ID.

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Cameron Black

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One thing to consider - even though you qualify for the $500k exclusion and probably won't owe taxes, you STILL need to report the sale on Form 8949 and Schedule D. Just list the details and then put "Section 121 exclusion" in the description and $0 for the gain. I've seen people get notices because they completely omitted reporting the home sale when they received a 1099-S.

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This is super important! My parents got audited because they didn't report their home sale at all thinking the exclusion meant they could skip it entirely. Bad idea! Is it the gross sale price from the 1099-S that goes on the 8949 or the amount after selling expenses?

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Connor Byrne

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You report the gross sale price from the 1099-S on Form 8949, then subtract your basis (original purchase price plus improvements) and selling expenses to calculate the actual gain. If the gain is under the $500k limit and you meet the ownership/use tests, then you can exclude it. The key is to show all the math on Form 8949 - don't just put zero everywhere. Show the sale price, your adjusted basis, and then note "Section 121 exclusion applied" with the excluded amount. This way the IRS can see you properly calculated everything rather than just ignoring the 1099-S.

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I had this exact same situation when I sold my primary residence last year! Had both a 1099-S from the realtor and a "Substitute for 1099-S" from the title company with different amounts. Here's what I learned: The title company is usually the one required to file the official 1099-S with the IRS since they handle the closing. The realtor's version might just be their internal tracking. But definitely confirm this - call both and ask who actually submitted the form to the IRS. The $2,000 difference is likely due to how they calculated closing costs or commissions. One might include certain fees that the other doesn't. You're absolutely right that you still need to report the sale even with the Section 121 exclusion. I used Form 8949 to show the sale details and then noted the exclusion. The IRS computers match 1099-S forms to tax returns, so omitting it entirely could trigger a notice even if you don't owe taxes. Pro tip: Keep all your closing documents handy when you file. You'll need your original purchase price, improvement costs, and selling expenses to calculate your actual gain and prove you qualify for the full exclusion.

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Zara Mirza

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This is really helpful - thank you for sharing your experience! I'm dealing with almost the exact same scenario. Quick question: when you called to confirm who filed the official 1099-S, did you have any trouble getting a straight answer? I'm worried both parties might just give me the runaround or not really know for sure who was supposed to handle the filing. Also, did you end up using the higher amount or lower amount for your Form 8949 when there was that discrepancy? I'm assuming you'd want to match whatever was actually filed with the IRS to avoid any computer matching issues.

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FireflyDreams

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I went through this exact situation when I sold my home in 2022! The confusion between 1099-S and "Substitute for 1099-S" is more common than you'd think. Here's what I learned: The key is to figure out which entity actually has the legal obligation to file the 1099-S with the IRS. In most cases, it's the "person responsible for closing the transaction" - which is typically the title company or closing agent, not the realtor. The realtor's 1099-S might just be their own tracking or a courtesy copy. For the $2,000 difference, this could be due to how they're calculating the gross proceeds. One might be including/excluding certain closing costs, real estate commissions, or transfer taxes differently. Since you qualify for the Section 121 exclusion, you're right that you probably won't owe any tax, but you absolutely must still report the sale on Schedule D and Form 8949. The IRS computers will flag your return if they have a 1099-S on file but don't see the corresponding sale reported. My advice: Call both the title company and realtor to confirm who actually filed with the IRS. Then use that form's numbers for your tax return. If you can't get a clear answer, you might want to request your IRS transcript to see exactly what was filed under your SSN. Don't stress too much - even if there's a small discrepancy, as long as you're reporting the sale and properly claiming the exclusion, you should be fine!

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KingKongZilla

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This is exactly the kind of detailed explanation I was hoping for! Thank you for breaking down the "person responsible for closing" concept - that makes so much sense. I never realized the realtor's 1099-S might just be their internal tracking. Your point about requesting the IRS transcript if I can't get clear answers is brilliant. I didn't even know that was an option. Given how frustrating it can be to get straight answers sometimes, having that backup plan gives me peace of mind. One follow-up question: when you reported it on Schedule D and Form 8949, did you have to attach any additional documentation to explain the Section 121 exclusion, or is just noting it on the forms sufficient? I want to make sure I'm not missing any required paperwork that could cause issues later.

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Logan Stewart

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I had a very similar situation last year and here's what worked for me: First, I called both the title company and realtor to ask directly who filed the official 1099-S with the IRS. The title company confirmed they were responsible since they handled the closing, and the realtor's version was just their internal record-keeping. For the $2,000 difference, mine was due to how real estate commissions were being calculated - one form included the full commission amount in the gross proceeds while the other had already subtracted it. The important thing is to use whichever form matches what was actually submitted to the IRS. Since you mentioned you qualify for the Section 121 exclusion (which sounds right based on your situation), you'll still need to report the sale on Form 8949 and Schedule D even though you won't owe taxes. I just wrote "Section 121 exclusion" in the description column and showed the calculation that resulted in $0 taxable gain. One tip that saved me time: if you can't get clear answers from the title company or realtor about who filed what, you can request your 2023 Wage and Income Transcript from the IRS website. It will show exactly which 1099-S forms were filed under your SSN. That way you know for certain which numbers to use on your return and avoid any matching issues with the IRS computers.

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Mary Bates

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This is incredibly helpful, thank you! The tip about requesting the Wage and Income Transcript is genius - I had no idea I could see exactly which forms were filed under my SSN. That would definitely solve the mystery once and for all. Your explanation about the commission calculation difference makes perfect sense too. I'm betting that's exactly what's happening with my $2,000 discrepancy. Quick question: when you wrote "Section 121 exclusion" in the description column on Form 8949, did you need to calculate and show the actual gain amount first, then show it being excluded? Or did you just put the sale info and mark everything as excluded? I want to make sure I'm showing enough detail to avoid any IRS questions later. Also, how long did it take to get the transcript online? I'm hoping to get this sorted out before I file next month.

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Sofia Gomez

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I dealt with this same exact situation when I sold my condo in 2023! Had both forms with different amounts and was totally confused about which one to use. Here's what I found out: The "Substitute for 1099-S" is basically just a summary the title company gives you for your records, but the actual 1099-S that gets filed with the IRS usually comes from whoever was legally responsible for reporting the transaction. In most home sales, that's the title/closing company, not the realtor. The $2,000 difference you mentioned is super common - it's usually because one form includes certain closing costs or fees while the other doesn't. I had a similar discrepancy and it turned out one included the transfer tax while the other had already subtracted it. Even though you're eligible for the Section 121 exclusion and won't owe taxes, you definitely still need to report the sale on your tax return. The IRS matches 1099-S forms to returns automatically, so if you don't report it at all, you'll likely get a notice asking where it is. My suggestion would be to call both the title company and realtor first to confirm who actually filed the official form with the IRS. If they can't give you a clear answer, you can check your IRS transcript online (though the identity verification can be a pain) or use one of those services others mentioned to get through to an actual IRS agent who can tell you exactly what's on file under your SSN. Don't stress too much about it - as long as you report the sale properly and show the exclusion, you should be fine even if there are minor discrepancies in the amounts.

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CyberSiren

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This is such a comprehensive breakdown - thank you for sharing your experience! The explanation about the "Substitute for 1099-S" being just a summary for records while the actual filing comes from the legally responsible party really clears things up. I'm dealing with my first home sale and honestly feeling pretty overwhelmed by all the paperwork, so hearing from someone who went through the exact same scenario is incredibly reassuring. The fact that minor discrepancies in amounts are common and manageable takes a lot of stress off. Your point about the IRS automatically matching 1099-S forms to returns is exactly what I was worried about - I definitely don't want to get flagged for not reporting it even though I won't owe taxes. I'll start by calling both the title company and realtor tomorrow to get clarity on who filed what, and if that doesn't work, I'll look into the transcript option or those services people mentioned earlier. Really appreciate you taking the time to walk through the whole process step by step!

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Connor O'Neill

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I went through this exact same confusion when I sold my primary residence last year! The key thing to understand is that typically only ONE entity is actually required to file the official 1099-S with the IRS - usually the title company since they're considered the "person responsible for closing the transaction." The realtor's 1099-S might just be their internal tracking or a courtesy copy they provide. The "Substitute for 1099-S" from the title company is likely just their record-keeping document for you, while they would have filed the official version with the IRS. That $2,000 difference is super common - it's usually due to how closing costs, commissions, or transfer taxes are being calculated. One form might include these in the gross proceeds while the other subtracts them out. Here's what I'd recommend: Call both the title company and realtor directly and ask which one actually filed the 1099-S with the IRS. Most of the time it will be the title company. If you can't get a clear answer, you can request your 2023 Wage and Income Transcript from irs.gov to see exactly what forms were filed under your SSN. You're absolutely right that you still need to report the sale on Form 8949 and Schedule D even though you qualify for the Section 121 exclusion. The IRS computers automatically match 1099-S forms to tax returns, so omitting it could trigger a notice. Just show the sale details and note "Section 121 exclusion applied" to demonstrate you properly calculated everything. Don't stress too much - as long as you report it correctly and show your exclusion calculation, minor discrepancies in amounts are usually not a big deal!

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This is exactly the kind of clear, step-by-step guidance I needed! I'm a complete newbie to home sales and tax reporting, so all these different forms and requirements have been pretty overwhelming. Your explanation about how typically only one entity files the official 1099-S makes so much sense - I was wondering why I'd have two different forms for the same transaction. The tip about requesting the Wage and Income Transcript directly from the IRS if I can't get clear answers is really smart. I didn't even know that was possible! It sounds like that would give me definitive proof of what was actually filed under my SSN rather than relying on potentially confused responses from the title company or realtor. I feel much more confident now about reporting this correctly on Form 8949 and Schedule D. The fact that minor discrepancies in amounts aren't usually a big deal is really reassuring too. Thanks for taking the time to walk through the whole process - this community is amazing for helping newcomers like me navigate these confusing tax situations!

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CosmicCruiser

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I've been through this exact scenario twice now (sold my primary residence in 2021 and a rental property in 2023), so I can definitely relate to the confusion! The key thing to understand is that the "Substitute for 1099-S" is typically just a summary document the title company provides for your records, while the actual 1099-S is what gets officially filed with the IRS. In most cases, the title/closing company has the legal responsibility to file since they're the "person responsible for closing the transaction." That $2,000 difference you're seeing is super common - it usually comes down to how different entities calculate the gross proceeds. One might include the full sale price while the other has already subtracted certain closing costs, transfer taxes, or real estate commissions. Here's what I'd recommend doing: 1. Call both your realtor and title company directly and ask who actually filed the official 1099-S with the IRS 2. If you can't get a clear answer, request your 2023 Wage and Income Transcript from irs.gov - it will show exactly which forms were filed under your SSN 3. Use the numbers from whichever form was actually submitted to the IRS for your tax return You're absolutely right that you still need to report the sale on Form 8949 and Schedule D even with the Section 121 exclusion. The IRS computers automatically match 1099-S forms to returns, so omitting it entirely could trigger a notice. Just show the sale details, calculate your actual gain (if any), and note "Section 121 exclusion applied" in the description. Don't stress too much about this - as long as you report the transaction and properly show your exclusion, you'll be fine!

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