How to report a house sale on taxes when I received no proceeds?
So I've been handling my brother's taxes for years now, and we're in a weird situation. About 4 years ago, he bought a house with his girlfriend, but they split up around 2 years ago. When they broke up, she wanted to keep the house, so she gave him some money (not much really) to buy out his interest. He signed something giving up his claim to the place. Here's the issue - she never managed to refinance the mortgage or get his name off the deed. Fast forward to last year, and she ended up selling the house. My brother didn't get a penny from the sale since he'd already been "bought out" earlier. I'm completely confused about how to handle this on his taxes. Does he need to report this sale even though he didn't get any money from it? What exactly am I supposed to put on Schedule D? And do we need to somehow coordinate with his ex to make sure we're reporting it correctly? The last thing we want is IRS problems because she reported something one way and we did it another.
19 comments


Sofia Torres
This is a classic case of paperwork not matching the practical reality. Your brother is in what we call "legal limbo" - legally still an owner but practically bought out. Since your brother's name was still on the deed when the property was sold, he will receive a 1099-S form showing his portion of the proceeds (usually 50% for joint ownership). Even though he didn't actually receive this money, the IRS thinks he did because of the legal documentation. Here's what you need to do: Report the sale on Schedule D, but adjust his basis (original purchase price plus improvements) to account for the "buyout" he received earlier. This buyout payment should be added to his cost basis, which will reduce the taxable gain. You'll need to know the original purchase price, any improvements made while he owned it, selling costs, and the amount he received as a buyout. You should definitely coordinate with the ex-girlfriend. She'll need to report only her portion of the sale, and her tax preparer needs to understand this somewhat complicated situation.
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Dylan Campbell
•Thanks for explaining! Do you think we need to get documentation from her about the final sale price and all that? My brother doesn't even know exactly what the house sold for, just that it was sold. Also, what happens if we can't get her to cooperate? They don't exactly talk anymore.
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Sofia Torres
•Yes, you'll need documentation about the sale price, closing costs, and any improvements made to the property since purchase. Without this information, you can't accurately calculate the gain or loss. The 1099-S your brother should receive will show the gross proceeds, but that's not enough for a complete filing. If the ex doesn't cooperate, you have a few options. Your brother can request closing documents from the title company that handled the sale since he was still on the deed. Also, property sales are typically public record, so you can check with the county recorder's office to get the sale price.
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Dmitry Sokolov
I went through something similar last year and discovered taxr.ai (https://taxr.ai) which was a massive help. I uploaded the buyout agreement my ex and I had signed, plus some other documents, and their system analyzed everything and explained exactly how to report it. The really valuable part was that they showed me how to properly document that I had already received compensation earlier, so I wouldn't be double-taxed on money I never actually got. They also generated a letter I could include with my return explaining the situation in IRS-friendly language.
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Ava Martinez
•Did they help you figure out the basis adjustment? That's what I'm struggling with in a similar situation. My ex bought me out of our condo 3 years ago but never refinanced, and now he's selling.
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Miguel Ramos
•I'm skeptical about these services. Couldn't you just call the IRS directly and ask them how to handle it? That's free at least. How did you verify their advice was correct?
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Dmitry Sokolov
•They definitely helped with the basis adjustment. You upload your original purchase documents and the buyout agreement, and they determine exactly how to adjust the basis to account for the previous payment. They even helped identify which improvements could be added to the basis. As for verification, I was skeptical too initially. What convinced me was that they provide clear references to the relevant tax code sections and regulations that apply to your situation. Plus, they have tax professionals who review the analysis. I actually did call the IRS first, but after 2 hours on hold, I gave up and tried this instead.
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Miguel Ramos
I was really skeptical about online tax tools, but I tried taxr.ai after my frustrating experience with a similar house sale situation. I had a property with my ex where I'd been bought out but was still on the mortgage. Actually ended up being worth every penny. They analyzed my situation, explained exactly what forms I needed, and how to report everything correctly. The best part was they showed me how the previous buyout payment affected my tax basis, which saved me from paying taxes on about $15,000 of what would have been calculated as gain. They also provided documentation to attach to my return explaining the unusual situation, which I think helped prevent audit flags.
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QuantumQuasar
This situation sounds like a nightmare! When I had a complicated tax issue about inherited property last year, I spent WEEKS trying to get through to the IRS for guidance. After dozens of failed attempts, I found https://claimyr.com and watched their demo (https://youtu.be/_kiP6q8DX5c). It's a service that gets you through to an actual IRS representative, usually within an hour. I was connected to an IRS agent who walked me through exactly how to handle my complicated property situation. For your brother's case, having an official IRS opinion would be super valuable, especially since it involves coordination with an ex who might not be cooperative.
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Zainab Omar
•Wait, how does this actually work? The IRS phone lines are always jammed... how can they get you through faster than anyone else?
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Connor Gallagher
•Yeah right. Sounds like you're paying for something the IRS provides for free. No way this actually works better than just calling repeatedly until you get through.
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QuantumQuasar
•It works by using their technology to navigate the IRS phone system and wait in the queue for you. When an agent is almost ready to talk, they call you so you don't waste hours listening to hold music. It's essentially like having someone wait in line for you. The IRS phone lines are indeed free, but they're notoriously difficult to get through on. I tried for 3 weeks, calling at different times, always getting the "call volume too high" message or being disconnected after an hour on hold. With Claimyr, I had a callback within 45 minutes and was talking to an actual IRS representative who answered all my questions about my property sale reporting.
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Connor Gallagher
I take back what I said. After struggling to get through to the IRS for two weeks about my own property sale issues, I broke down and tried Claimyr. I figured it was worth a shot since I'd already wasted hours of my life on hold. Honestly, I was shocked when they called me back in less than an hour with an actual IRS agent on the line. The agent walked me through exactly how to report my situation where I had sold a property I co-owned with a business partner. They explained exactly how to handle the basis allocation and which forms to use. Saved me a ton of stress and probably a potential audit.
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Yara Sayegh
Your brother's situation is actually pretty common. When I was a clerk at the county recorder's office, we saw this all the time. Make sure he didn't receive a 1099-S form from the title company, which would show his portion of the proceeds. If he did, the IRS automatically expects him to report the sale. The key here is documenting everything. His "buyout" from years ago was essentially the first part of a two-part sale. He needs to report the sale on Schedule D, but his cost basis would include the original purchase price plus any improvements, and his sale proceeds would only be the buyout amount he already received.
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Keisha Johnson
•But what if the ex-girlfriend reported the full sale proceeds as hers? Wouldn't that cause a mismatch with IRS records if he's also reporting the sale?
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Yara Sayegh
•That's a good point about potential reporting mismatches. The title company likely issued two 1099-S forms - one to each owner of record. If the ex-girlfriend reported the entire sale as hers, while the IRS also received documentation showing your brother received proceeds, this could trigger an automated discrepancy notice. The solution is to include a clear explanation with your brother's return. Attach a statement explaining that while he was legally on the deed, he had previously relinquished his economic interest in the property in exchange for the buyout payment received earlier. This should match his Schedule D reporting, where he shows his proceeds as only the amount of the earlier buyout.
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Paolo Longo
Don't forget about the primary residence exclusion! If this was your brother's primary residence for at least 2 of the 5 years before the sale, he might qualify to exclude up to $250,000 of gain from his income (or $500,000 if married filing jointly). Based on what you described, he lived there for about 2 years before moving out 2 years ago, so he might just barely qualify if the timing works out exactly. This could potentially eliminate any tax liability from the sale, even if he has to report it.
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CosmicCowboy
•But does the exclusion still apply if he already received a buyout payment years ago? Feels like he might have already used up his "one primary residence exclusion every two years" thing.
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Kennedy Morrison
This is definitely a tricky situation that requires careful documentation. From what you've described, your brother needs to report the sale even though he didn't receive proceeds from the actual sale, because he was still legally on the deed. The key is treating this as a two-part transaction: (1) the original buyout he received when they split up, and (2) the formal sale that just happened. On Schedule D, he should report the sale with his cost basis being the original purchase price plus improvements, and his proceeds being only the buyout amount he received years ago (not the recent sale proceeds). You'll definitely want to include a detailed explanation with the return describing the situation. Also, try to get documentation of the original buyout agreement if possible - this will support your position if the IRS has questions. One important thing to check: make sure you understand whether he received a 1099-S form. If he did, the IRS will be expecting to see this sale reported. If the ex-girlfriend also reports part of the sale, you want to make sure there's no double-reporting of the same income.
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