Form 6252 - Installment Sale Income - 2013 Page 2

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2
Form 6252 (2013)
Page
General Instructions
If you sold a marketable security to a
any property that (in the hands of the
related party after May 14, 1980, and
person or entity to whom you transfer it)
Section references are to the Internal
before January 1, 1987, complete Form
is subject to the allowance for
Revenue Code unless otherwise noted.
6252 for each year of the installment
depreciation. However, you can use the
agreement, even if you did not receive a
installment method if you can show to
Future Developments
payment. Complete lines 1 through 4.
the satisfaction of the IRS that avoidance
Complete Part II for any year in which
of federal income taxes was not one of
For the latest information about
you receive a payment from the sale.
the principal purposes of the sale (for
developments related to Form 6252 and
Complete Part III unless you received the
example, no significant tax deferral
its instructions, such as legislation
final payment during the tax year.
benefits will result from the sale). If the
enacted after they were published, go to
installment method does not apply,
After December 31, 1986, the
report the sale on Form 4797, Form
installment method is not available for
Purpose of Form
8949, or Schedule D, whichever applies.
the sale of marketable securities.
Treat all payments you will receive as if
Generally, use Form 6252 to report
If you sold property other than a
they were received in the year of sale.
income from casual sales during this tax
marketable security to a related party
Use FMV for any payment that is
year of real or personal property (other
after May 14, 1980, complete Form 6252
contingent as to amount. If the FMV
than inventory) if you will receive any
for the year of sale and for 2 years after
cannot be readily determined, basis is
payments in a tax year after the year of
the year of sale, even if you did not
recovered ratably.
sale. For years after the year of an
receive a payment. Complete lines 1
Pledge Rule
installment sale, see Which Parts To
through 4. Complete Part II for any year
Complete below.
during this 2-year period in which you
For certain dispositions under the
receive a payment from the sale.
Do not file Form 6252 for sales that do
installment method, if an installment
Complete Part III for the 2 years after the
not result in a gain, even if you will
obligation is pledged as security on a
year of sale unless you received the final
receive a payment in a tax year after the
debt, the net proceeds of the secured
payment during the tax year.
year of sale. Instead, report the entire
debt are treated as payment on the
sale on Form 4797, Sales of Business
installment obligation. However, the
Special Rules
Property, Form 8949, Sales and Other
amount treated as payment cannot be
Dispositions of Capital Assets, or the
more than the excess of the total
Interest
Schedule D for your tax return,
installment contract price over any
If any part of an installment payment you
whichever applies.
payments received under the contract
received is for interest or original issue
before the secured debt was obtained.
Do not file Form 6252 to report sales
discount, report that income on the
during the tax year of stock or securities
An installment obligation is pledged as
appropriate form or schedule. Do not
traded on an established securities
security on a debt to the extent that
report interest received, carrying charges
market. Instead, treat all payments as
payment of principal and interest on the
received, or unstated interest on Form
received during this tax year.
debt is directly secured by an interest in
6252. See Pub. 537, Installment Sales,
the installment obligation. For sales after
Do not file Form 6252 if you elect not to
for details on unstated interest.
December 16, 1999, payment on a debt
report the sale on the installment method.
Installment Sales to Related Party
is treated as directly secured by an
To elect out, report the full amount of the
interest in an installment obligation to the
A special rule applies to a first
gain on a timely filed return (including
extent an arrangement allows you to
extensions) on Form 4797, Form 8949, or
disposition (sale or exchange) of
satisfy all or part of the debt with the
the Schedule D for your tax return,
property under the installment method to
installment obligation.
whichever applies. If you filed your
a related party who then makes a
original return on time without making the
second disposition (sale, exchange, gift,
The pledge rule applies to any
or cancellation of installment note)
election, you can make the election on an
installment sale after 1988 with a sales
amended return filed no later than 6
before making all payments on the first
price of over $150,000 except:
months after the due date of your tax
disposition. For this purpose, a related
• Personal use property disposed of by
return, excluding extensions. Write “Filed
party includes your spouse, child,
an individual,
pursuant to section 301.9100-2” at the
grandchild, parent, brother, sister, or a
• Farm property, and
top of the amended return.
related corporation, S corporation,
partnership, estate, or trust. See section
• Timeshares and residential lots.
Which Parts To Complete
453(f)(1) for more details.
However, the pledge rule does not
Under this rule, treat part or all of the
apply to pledges made after December
Year of Sale
amount the related party realized (or the
17, 1987, if the debt is incurred to
Complete lines 1 through 4, Part I, and Part
fair market value (FMV) if the disposed
refinance the principal amount of a debt
II. If you sold property to a related party
property is not sold or exchanged) from
that was outstanding on December 17,
during the year, also complete Part III.
the second disposition as if you received
1987, and was secured by nondealer
it from the first disposition at the time of
installment obligations on that date and
Later Years
the second disposition. Figure the gain,
at all times after that date until the
Complete lines 1 through 4 and Part II
if any, on lines 30 through 37. This rule
refinancing. This exception does not
for any year in which you receive a
does not apply if any of the conditions
apply to the extent that the principal
payment from an installment sale.
listed on line 29 are met.
amount of the debt resulting from the
refinancing exceeds the principal
Sale of Depreciable Property to
amount of the refinanced debt
Related Person
immediately before the refinancing. Also,
the pledge rule does not affect
Generally, if you sell depreciable
refinancing due to the calling of a debt
property to a related person (as defined
by the creditor if the debt is then
in section 453(g)(3)), you cannot report
refinanced by a person other than this
the sale using the installment method.
creditor or someone related to the
For this purpose, depreciable property is
creditor.

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