Userid: CPM Schema: Leadpct: 100% Pt. size: 9.5 Draft Ok to Print instrx AH XSL/XML Fileid: … ions/I4797/2020/A/XML/Cycle06/source (Init. & Date) _______ Page 1 of 12 9:14 - 6-Nov-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Department of the Treasury 2020 Internal Revenue Service Instructions for Form 4797 Sales of Business Property (Also Involuntary Conversions and Recapture Amounts Under Sections 179 and 280F(b)(2)) Section references are to the Internal Revenue securities or commodities and made a • Use Form 6252, Installment Sale Code unless otherwise noted. mark-to-market election under section Income, to report the sale of property 475(f). under the installment method. Future Developments • Election to defer a qualified section • Use Form 8824, Like-Kind 1231 gain (gains derived from the sale Exchanges, to report exchanges of For the latest information about of property used in a trade or business) qualifying business or investment real developments related to Form 4797 and invested in a qualified opportunity fund property for real property of a like kind. its instructions, such as legislation (QOF). For exchanges of real property used in a enacted after they were published, go to trade or business (and other noncapital IRS.gov/Form4797. Other Forms You May assets), enter the gain or (loss) from Have To File Form 8824, if any, on Form 4797, line 5 or line 16. General Instructions Use Form 4684, Casualties and • • If you sold property on which you Thefts, to report involuntary conversions claimed investment credit, see Form Purpose of Form from casualties and thefts. 4255, Recapture of Investment Credit, Use Form 4797 to report the following. • The sale or exchange of: 1. Real property used in your trade Where To Make First Entry for Certain Items or business; Reported on This Form 2. Depreciable and amortizable tangible property used in your trade or (b) (c) business (however, see Disposition of (a) Held 1 year Held more Depreciable Property Not Used in Trade Type of property or less than 1 year or Business, later); 1 Depreciable tangible trade or business property: 3. Oil, gas, geothermal, or other a Sold or exchanged at a gain ............ Part II Part III (1245) mineral properties; and b Sold or exchanged at a loss ............ Part II Part I 4. Section 126 property. 2 Depreciable real trade or business property: • The involuntary conversion (from a Sold or exchanged at a gain ........... Part II Part III (1250) other than casualty or theft) of property b Sold or exchanged at a loss ............ Part II Part I used in your trade or business and 3 Farmland held less than 10 years upon which capital assets held for more than 1 year soil or water expenses were deducted: in connection with a trade or business or a Sold at a gain ..................... Part II Part III (1252) a transaction entered into for profit b Sold at a loss ..................... Part II Part I (however, see Disposition of 4 Real or tangible trade or business property Depreciable Property Not Used in Trade which was deducted under the de minimis safe Part II Part II or Business, later). harbor • The disposition of noncapital assets 5 All other farmland used in a trade or business Part II Part I (other than inventory or property held 6 Disposition of cost-sharing payment property primarily for sale to customers in the described in section 126 Part II Part III (1255) ordinary course of your trade or business). 7 Cattle and horses used in a trade or business Held less Held 24 • The disposition of capital assets not for draft, breeding, dairy, or sporting purposes: than 24 months reported on Schedule D. months or more • The gain or loss (including any a Sold at a gain ..................... Part II Part III (1245) related recapture) for partners and S b Sold at a loss ..................... Part II Part I corporation shareholders from certain c Raised cattle and horses sold at a gain ..... Part II Part I section 179 property dispositions by partnerships and S corporations. 8 Livestock other than cattle and horses used in a Held less Held 12 • The computation of recapture trade or business for draft, breeding, dairy, or than 12 months amounts under sections 179 and sporting purposes: months or more 280F(b)(2) when the business use of a Sold at a gain ...................... Part II Part III (1245) section 179 or listed property decreases b Sold at a loss ..................... Part II Part I to 50% or less. c Raised livestock sold at a gain .......... Part II Part I • Gains or losses treated as ordinary gains or losses, if you are a trader in Oct 20, 2020 Cat. No. 13087T Page 2 of 12 Fileid: … ions/I4797/2020/A/XML/Cycle06/source 9:14 - 6-Nov-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. and its instructions to find out if you Disposition of Depreciable gain or loss on the partial disposition of must recapture some or all of the credit. Property Not Used in Trade or a MACRS asset (see Required partial • Use Form 8949, Sales and Other dispositions below). MACRS assets Dispositions of Capital Assets, to report Business include buildings (and their structural the sale or exchange of capital assets Generally, gain from the sale or components) and other tangible not reported on another form or exchange of depreciable property not depreciable property placed in service schedule; gains from involuntary used in a trade or business but held for after 1986 that is used in a trade or conversions (other than casualty or investment or for use in a not-for-profit business or for the production of theft) of capital assets not used in your activity is capital gain. Generally, the income. gain is reported on Form 8949 and trade or business; and nonbusiness bad For more information on partial Schedule D. However, part of the gain debts. However, see Disposition of dispositions of MACRS property, see on the sale or exchange of the Depreciable Property Not Used in Trade Regulations section 1.168(i)-8(d). or Business, later. depreciable property may have to be • Use the applicable Schedule D, recaptured as ordinary income on Form Elective partial dispositions. If you Capital Gains and Losses, for the return 4797. Use Part III of Form 4797 to figure elect to recognize a partial disposition of you are filing to figure the overall gain or the amount of ordinary income a MACRS asset, report the gain or loss loss from transactions reported on Form recapture. The recapture amount is (if any) on Form 4797, Part I, II, or III, as 8949 and to report transactions you included on line 31 (and line 13) of Form applicable, and include the words don’t have to report on Form 8949. See 4797. See the instructions for Part III. If “Partial Disposition Election” in the the Instructions for Form 8949 and the the total gain for the depreciable description of the partially disposed instructions for the applicable property is more than the recapture asset. See the instructions for Parts I, II, Schedule D. amount, the excess is reported on Form and III. For more information on the 8949. On Form 8949, enter “From Form disposition of MACRS assets, see Additional information. See the 4797” in column (a) of Part I (if the Regulations section 1.168(i)-8. instructions for the forms listed above transaction is short term) or Part II (if the Required partial dispositions. for more information. Also see Pub. 544, transaction is long term), and skip Report the gain or loss (if any) on the Sales and Other Dispositions of Assets, columns (b) and (c). In column (d), enter following partial dispositions of MACRS and Pub. 550, Investment Income and the excess of the total gain over the assets on Form 4797, Part I, II, or III, as Expenses. recapture amount. Leave columns (e) applicable. through (g) blank and complete column • Sale of a portion of a MACRS asset. Special Rules (h). If you invested this gain into a QOF • Involuntary conversion of a portion of and intend to elect the temporary At-Risk Rules a MACRS asset other than from a deferral of the gain, see the Instructions casualty or theft. If you report a loss on an asset used in for Form 8949; Form 8997, Initial and • Like-kind exchange of a portion of a an activity for which you are not at risk, Annual Statement of Qualified MACRS asset (Form 4797, line 5 or 16). in whole or in part, see the Instructions Opportunity Fund (QOF) Investments, for Form 6198, At-Risk Limitations. Also, and its instructions; and the instructions See the instructions for Parts I, II, and see Pub. 925, Passive Activity and for the applicable Schedule D. III. Also, see Other Forms You May At-Risk Rules. Losses from passive Have To File, earlier. activities are subject first to the at-risk Generally, loss from the sale or Disposition of Assets That rules and then to the passive activity exchange of depreciable property not rules. used in a trade or business but held for Constitute a Trade or Business Depreciable Property and Other investment or for use in a not-for-profit If you sell a group of assets that make activity is a capital loss. Report the loss up a trade or business and the buyer's Property Disposed of in the on Form 8949 in Part I (if the transaction bases in the assets are determined Same Transaction is short term) or Part II (if the transaction wholly by the amount paid for the If you disposed of both depreciable is long term).