Should I have been provided a 1099-S by the title company for my land sale?
Hey tax folks, I'm a bit confused about some paperwork I should have received. My wife and I sold a vacant lot last year that we've owned since 2008. We made about $135,000 profit on the sale (bought it as an investment that finally paid off!). The closing went smoothly, but I'm realizing now that I don't think we received a 1099-S form from the title company that handled everything. From what I've been reading online, aren't they supposed to issue this document for reporting the sale of land to the IRS? I know we'll need to report the capital gain regardless, but I'm worried about not having the proper documentation when we file. Should I contact the title company and request it, or am I misunderstanding something? Any advice would be super helpful!
30 comments


Javier Torres
Yes, you should have received a 1099-S from the title company. When you sell land and make a profit, the IRS requires the closing agent (usually the title company) to issue a 1099-S "Proceeds from Real Estate Transactions" form. This form reports the gross proceeds from the sale. The title company is required to furnish this form to you by January 31 of the year following the sale, and they also send a copy to the IRS. Since you made a substantial profit on undeveloped land, this definitely qualifies as a reportable transaction.
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Emma Davis
•What happens if OP files without having the 1099-S? Will the IRS flag it for an audit or something since the title company would have sent them a copy?
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Natasha Volkova
•Thanks for confirming! That's what I thought. So I should definitely call the title company and request a copy, right? I'm worried about filing without it.
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Javier Torres
•You can still file your taxes without having the physical 1099-S in hand, as long as you accurately report the sale and proceeds. The IRS uses the form primarily for matching purposes. However, I would absolutely recommend contacting the title company to request a copy for your records. As for concerns about audits, the IRS might send a notice if they see a discrepancy between what you report and what the title company reported. This is why it's important to have accurate numbers even if you don't have the actual form. But getting the form will help ensure your reporting matches exactly what was sent to the IRS.
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CosmicCaptain
After dealing with a similar situation last year, I found this amazing service called taxr.ai (https://taxr.ai) that saved me tons of headache with missing tax documents. I uploaded my closing statement and other sale documents, and their AI analyzed everything to tell me exactly what I needed to report even without the 1099-S. They even generated a substitute form with all the right numbers that I could use for my records. If your title company is dragging their feet or can't provide the 1099-S quickly, this might be worth checking out since tax deadlines are approaching.
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Malik Johnson
•How does this actually work? I'm missing a different tax form (a 1099-NEC from a client who went out of business) and wondering if this could help with that too?
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Isabella Ferreira
•Sounds interesting but does it really hold up if you get audited? I'm always skeptical about substitute forms not coming from the official source.
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CosmicCaptain
•The service works by analyzing your documentation to extract the exact data that would appear on your missing form. It's designed to work with various tax documents, including 1099-NEC, so it could definitely help with your situation too. It basically recreates what should have been reported based on your actual transaction records. As for audit concerns, what matters to the IRS is that you correctly report your income and transactions, not necessarily that you have the physical form. The tool provides documentation showing how the numbers were derived, which gives you solid backup for your tax filing. I was nervous too, but my accountant actually said the documentation it provided was more thorough than what typically comes on a standard 1099-S.
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Malik Johnson
Just wanted to update - I tried taxr.ai for my missing 1099-NEC situation and it worked perfectly! Uploaded my invoice records and bank statements showing the payments, and it generated a substitute document with all the right information I needed for my Schedule C. Super straightforward process and gave me peace of mind for filing. Definitely worth it for anyone missing tax documents but who has other proof of the transaction.
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Ravi Sharma
If you're having trouble getting your 1099-S from the title company, you might want to try Claimyr (https://claimyr.com). I had a similar issue last year with missing tax documents, and after getting nowhere with endless phone calls, I used their service to actually get through to a human at the IRS. They have this system that navigates phone trees and holds for you, then calls you when an actual person is on the line. You can see how it works here: https://youtu.be/_kiP6q8DX5c I was able to verify what had been reported by the title company and got the guidance I needed directly from the IRS. Saved me hours of frustration and hold music!
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Freya Thomsen
•How much does this cost? Seems too good to be true that they can get through when regular people can't.
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Isabella Ferreira
•I don't buy it. The IRS wait times are intentionally long to discourage people from calling. How could some service magically get through? And even if they do get someone on the line, would the IRS even discuss your missing forms with you?
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Ravi Sharma
•The service works by using their technology to navigate the IRS phone system and wait on hold so you don't have to. They basically have systems that can stay on hold for hours, then when a real person answers, they call you and connect you directly to that agent. It's that simple - they're just taking the waiting part off your plate. As for whether the IRS will discuss your situation, absolutely they will. Once you're connected to an agent, you're having a direct conversation just like if you'd called yourself. The IRS can verify what forms have been submitted under your SSN and provide guidance on how to proceed with missing documents. They were actually really helpful once I got through to a real person.
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Isabella Ferreira
I have to apologize and eat my words about Claimyr. After my skeptical comment, I decided to try it myself since I needed to talk to the IRS about a completely different issue (missing stimulus payment). Got a call back in about 45 minutes with an actual IRS agent on the line! I was shocked it actually worked. The agent confirmed which forms had been filed under my SSN already this year and helped me figure out next steps. Definitely saving this service for future tax seasons.
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Omar Zaki
Just to add another perspective - sometimes title companies don't issue a 1099-S if you signed a form at closing certifying that the property was your main home and you meet the requirements for excluding gain from the sale. Did you sign anything like that at closing? If so, they might not be required to issue the form. But since you mentioned this was vacant land and not your primary residence, you definitely should have received the 1099-S. Contact the title company asap!
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Natasha Volkova
•Thanks for that info. No, we definitely didn't sign anything like that - it was clearly just an investment property (vacant land in another state). I'll call the title company tomorrow morning. I have all the settlement documents with the final numbers, so I could theoretically file without the 1099-S, but I'd rather have everything properly documented.
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Omar Zaki
•Sounds like you're on the right track. Keep in mind that even if you don't get the 1099-S before filing, you still need to report the sale on your Schedule D and Form 8949. The good thing is that you have your settlement documents with the final numbers - those actually contain all the information you need to properly report the sale, including the gross proceeds which would be on the 1099-S.
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AstroAce
Dunno if this helps but we sold some farmland last year and the title company sent the 1099-S super late, like mid-March. I called them in February freaking out and they said they were backed up. Might be worth just calling to make sure they're actually sending it.
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Chloe Martin
•This happened to me too! I got my 1099-S literally a week before the filing deadline. Title companies can be really behind, especially smaller local ones. They're supposed to send them by Jan 31 but a lot of them miss that deadline.
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Natasha Volkova
•Thanks for sharing that experience! Good to know I'm not alone. I just called the title company this morning actually, and they said they did issue it but sent it to our old address (even though we provided our current one at closing 🙄). They're emailing me a copy today and resending the physical one. What a relief!
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Dylan Baskin
Great news that you got it sorted out! Address mix-ups are unfortunately super common with title companies. For anyone else in a similar situation, it's worth double-checking that all your contact info is correct in their system at closing. I've seen this happen where people move between the time they first contact the title company and the actual closing, but the old address stays in their records. Always good to verify they have your current mailing address before you leave the closing table!
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Ethan Moore
•This is such a good point! I work in real estate and see this all the time. People often use their current address when they first start the sale process, but then move before closing and forget to update their info with the title company. It's definitely worth adding to your closing checklist - right alongside reviewing all the numbers, make sure they have your correct mailing address for all the tax documents that will come later. Glad OP got it resolved!
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Oliver Schulz
So glad you were able to get this resolved! This is actually a really common issue that catches people off guard. For future reference, it's also worth noting that even if you hadn't received the 1099-S, you would still be required to report the capital gain on Schedule D using the information from your settlement statement. The IRS expects you to report all taxable transactions regardless of whether you receive the corresponding tax forms. One tip for anyone reading this - when you're at closing, it's worth asking the title company directly when and where they'll be sending your 1099-S, and confirm your mailing address right then and there. It can save a lot of stress later on during tax season!
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Harper Hill
•This is really helpful advice! I'm new to real estate transactions and didn't even know to ask about the 1099-S timing at closing. It's reassuring to know that you can still file correctly using the settlement statement if needed. I'll definitely keep this in mind if I ever sell property. Thanks for sharing these practical tips - it's exactly the kind of insider knowledge that can save a lot of headaches later!
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Ryder Everingham
This thread has been so helpful! As someone who's planning to sell some investment property next year, I had no idea about the 1099-S requirements or how common address mix-ups are with title companies. I'm definitely going to bookmark this conversation and make sure to verify my mailing address at closing. It's also good to know about those backup options like taxr.ai and Claimyr if something goes wrong with getting the proper documentation. Thanks everyone for sharing your experiences - it's exactly this kind of real-world advice that makes tax season less stressful!
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Bruno Simmons
•I'm so glad this thread was helpful! I'm actually in a similar boat - planning to sell some rental property soon and had no clue about all these potential documentation issues. Reading through everyone's experiences really opened my eyes to things I need to watch out for. Definitely going to save this conversation and make a checklist based on all the advice here. It's amazing how much you can learn from real people who've been through these situations!
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Oliver Zimmermann
This is such a great thread! I'm dealing with a similar situation right now - sold some inherited land last fall and just realized I never got my 1099-S either. Reading through all these responses has been incredibly helpful, especially knowing that address mix-ups are so common. I'm going to call the title company first thing Monday morning to check on this. One thing I wanted to add for anyone else in this situation - I spoke with my tax preparer about this exact issue, and she mentioned that if you're missing the 1099-S but have your HUD-1 settlement statement or closing disclosure, those documents actually contain all the same key information you need to properly report the sale. The gross proceeds, your basis, and the sale date are all there. Obviously it's still better to get the official 1099-S for your records, but it's reassuring to know you can still file accurately without it. Thanks to everyone who shared their experiences - this community is such a valuable resource during tax season!
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Kevin Bell
•This is exactly what I needed to hear! I'm actually in a very similar situation - sold some land I inherited from my grandmother last year and have been panicking about not receiving the 1099-S. Your point about the HUD-1 settlement statement having all the same information is really reassuring. I've been staring at that document for weeks wondering if it would be enough for my tax filing. It's so helpful to know that your tax preparer confirmed this approach. I think I'll still try to get the official 1099-S from the title company like you're planning to do, but at least now I know I have a solid backup plan if they can't provide it in time for filing. Thanks for sharing that professional insight - it really puts my mind at ease!
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Savannah Glover
I'm glad this thread helped so many people! Just wanted to share one more tip from my experience - if you're selling property and worried about missing tax documents, it's also worth checking with your real estate agent if you used one. Sometimes they keep copies of all the closing documents including the 1099-S in their files, especially if they've dealt with similar issues before. Also, for anyone who finds themselves in this situation during busy tax season, don't panic! The IRS is actually pretty understanding about missing forms as long as you make a good faith effort to report accurately. I had a friend who filed with estimated numbers from her closing statement when her 1099-S was delayed, then amended her return when she finally received the actual form. Everything worked out fine. The key is just being proactive and keeping good records of all your attempts to get the proper documentation. This thread is a perfect example of how helpful the community can be when you're navigating these tricky situations!
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Liam O'Donnell
•This is such valuable advice! I never would have thought to check with my real estate agent for backup copies of closing documents. That's a really smart tip that could save a lot of stress if the title company is unresponsive or slow to provide missing forms. Your point about the IRS being understanding when you make a good faith effort is also really reassuring. I think a lot of people (myself included) get really anxious about potential penalties or issues when tax documents go missing, but it sounds like as long as you're proactive and document your efforts to get the proper paperwork, things usually work out fine. The amendment approach your friend used is interesting too - file with the best information you have available, then correct it later if needed. That takes a lot of pressure off having to get everything perfect before the deadline. Thanks for sharing these practical insights - this whole thread has been incredibly educational!
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