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section 453(g)(3)), you may not report the

Department of the Treasury sale using the installment method. For this
purpose, depreciable property is any
Internal Revenue Service property that can be depreciated by the
person or entity to whom you transfer it.

Instructions for Form 6252 However, you may use the installment
method if you can show to the satisfaction
of the IRS that avoidance of Federal
Installment Sale Income income taxes was not one of the principal
purposes of the sale (e.g., no significant
Section references are to the Inter nal Revenue Code unless otherwise noted. tax deferral benefits will result from the
sale).
If the installment method does not apply,
Paperwork Reduction Which Parts To Complete report the sale on Schedule D or Form
Act Notice For the year of sale.—Complete lines 1
through 26.
4797, whichever applies. Treat all
payments you will receive as if they were
We ask for the information on this form to received in the year of sale. Use FMV for
For years after the year of sale.—
carry out the Internal Revenue laws of the any payment that is contingent as to
Complete lines 1 through 4, and Part II, for
United States. You are required to give us amount. If the FMV cannot be readily
any year you receive a payment from an
the information. We need it to ensure that determined, basis is recovered ratably.
installment sale.
you are complying with these laws and to Pledge rule.—If an installment obligation
allow us to figure and collect the right Related party sales.—If you sold
marketable securities to a related party from a nondealer disposition of real
amount of tax. property used in a trade or business or
(defined below), complete Form 6252 for
The time needed to complete and file held for the production of rental income
each year of the installment agreement,
this form will vary depending on individual with a sales price over $150,000 is
even if you did not receive a payment. For
circumstances. The estimated average time pledged as security on debt after
any year after the year of sale, complete
is: December 17, 1987, treat the net proceeds
lines 1 through 4, and Part III. If you
Recordkeeping 1 hr., 25 min. received a payment, also complete Part II. of the secured debt as a payment on the
installment obligation. This rule applies to
Learning about the If you sold property other than the disposition of any property under the
law or the form 39 min. marketable securities to a related party, installment method after 1988 with a sales
Preparing the form 56 min. complete Form 6252 for the year of sale price over $150,000, except for farm
Copying, assembling, and and for 2 years after the year of sale even property and personal use property
sending the form to the IRS 20 min. if you did not receive a payment. If during disposed of by an individual. The amount
this 2-year period you did not receive an treated as a payment cannot exceed the
If you have comments concerning the actual or deemed payment, complete lines
accuracy of these time estimates or excess of the total contract price over any
1 through 4, and Part III. After this 2-year payments received under the contract
suggestions for making this form simpler, period, see For years after the year of
we would be happy to hear from you. See before the secured debt was obtained.
sale above.
the instructions for the tax return with The pledge rule does not apply to
which this form is filed. Special Rules pledges made after December 17, 1987, if
the debt is incurred to refinance the
Interest.—If any part of an installment principal amount of a debt that was
General Instructions payment you received is for interest, report outstanding on December 17, 1987, AND
that interest on the appropriate form or was secured by nondealer real property
Purpose of Form schedule. Do not report interest received, installment obligations on that date and at
Use Form 6252 to report income from carrying charges received, or unstated all times after that date until the
casual sales of real or personal property interest on Form 6252. Get Pub. 537, refinancing occurred. However, this
(other than inventory) if you will receive any Installment Sales, for details on unstated exception does not apply to the extent that
payments in a tax year after the year of interest. the principal amount of the debt resulting
sale. Installment sales to related party.—A from the refinancing exceeds the principal
special rule applies to a first disposition amount of the refinanced debt immediately
Do not use Form 6252 to report sales
(sale or exchange) of property under the before the refinancing. Also, the pledge
after 1986 of stock or securities traded on
installment method to a related party who rule does not affect refinancing due to the
an established securities market. Treat all
then makes a second disposition (sale, calling of a debt by the creditor as long as
payments from these sales as received in
exchange, gift, or cancellation of the debt is then refinanced by a person
the year you sold the stock.
installment note) before making all other than this creditor or someone related
Do not use Form 6252 if you elect not to payments on the first disposition. For this to the creditor.
report the sale on the installment method. purpose, a related party includes your Interest on deferred tax.—Generally,
To elect out, report the full amount of the spouse, child, grandchild, parent, brother, interest must be paid on the deferred tax
gain on a timely filed return (including sister, or a related corporation, related to any obligation that arises during
extensions), using Form 4797, Sales of S corporation, partnership, estate, or trust. a tax year from the disposition of property
Business Property, or the Schedule D for See section 453(f)(1) for more details. under the installment method if:
your return, whichever applies.
Under this rule, treat part or all of the ● The property had a sales price over
Note: Generally, once you file Form 6252, amount the related party realized (or the $150,000, AND
you cannot later elect out of the installment fair market value (FMV) if the disposed
method. However, if your original return property is not sold or exchanged) from ● The aggregate balance of all nondealer
was filed on time, you may make the the second disposition as if you received it installment obligations arising during, and
election on an amended return filed no from the first disposition at the time of the outstanding at the close of, the tax year is
later than 6 months after the due date of second disposition. Figure the gain, if any, more than $5 million.
your return, excluding extensions. See Rev. on lines 30 through 37. This rule does not Interest must be paid in subsequent
Proc. 92-85, 1992-2 C.B. 490, for more apply if any of the conditions listed on line years if installment obligations, which
details. 29 are met. originally required interest to be paid, are
Sale of depreciable property to related still outstanding at the close of a tax year.
person.—Generally, if you sell depreciable
property to a related person (as defined in

Cat. No. 64262Q


These rules do not apply to dispositions property or refueling property; and recapture. Do not enter any gain for this
of: deductions claimed under section 190, property on line 33 or 34 of Form 4797. If
● Farm property, 193, or 1253(d)(2) or (3) (as in effect before you used Form 4797 only to figure the
the enactment of P.L. 103-66). Subtract recapture on line 25 or 36, enter “N/A” on
● Personal use property by an individual, any investment tax credit recapture lines 33 and 34 of Form 4797.
● Real property in tax years beginning amount if the basis of the property was Also report on this line any ordinary
before 1988, or reduced under section 50(c) (or the income recapture remaining from prior
● Personal property before 1989. corresponding provision of prior law); any years on section 1245 or 1250 property
section 179 or 280F recapture amount sold before June 7, 1984.
How to report the interest.—The interest
included in gross income in a prior tax
is not figured on Form 6252. See section Do not enter on line 25 more than the
year; and any qualified clean-fuel vehicle
453A to figure the interest. Enter the amount shown on line 24. The excess
property or refueling property deduction
interest as an additional tax on your tax must be reported in future years on Form
you were required to recapture because
return. Include it in the amount to be 6252 up to the taxable part of the
the property ceased to be eligible for the
entered on the total tax line after credits installment sale until all of the recapture
deduction. Do not include on this line any
and other taxes. For individuals, this is line has been reported.
section 179 expense deduction for a
54 of the 1995 Form 1040. For Line 26.—For trade or business property,
partnership or an S corporation that
corporations, it is line 10 of Schedule J enter this amount on Form 4797, line 4, if
passed through the deduction to its
(Form 1120). Write “Section 453A(c) the property was held more than 1 year. If
partners or shareholders.
interest” to the left of the amount. the property was held 1 year or less, or if
Line 11.—Enter sales commissions,
Corporations may deduct the interest in you have an ordinary gain from a
advertising expenses, attorney and legal
the year it is paid or accrued. For noncapital asset (even if the holding period
fees, etc., in selling the property.
individuals and other taxpayers, this is more than 1 year), enter this amount on
interest is not deductible. Line 12.—Any ordinary income recapture Form 4797, line 11, and write “From Form
under section 1245 or 1250 (including 6252.”
Additional Information sections 179 and 291) is fully taxable in
the year of sale even if no payments were For capital assets, enter this amount on
See Pub. 537 for additional information, received. To figure the recapture, complete Schedule D as a short- or long-term gain.
including details about reductions in selling Form 4797, Part III. The ordinary income Use the lines identified as from Form 6252.
price, the single sale of several assets, recapture is the amount on line 33 of Form
like-kind exchanges, dispositions of Part III—Related Party Installment
4797. Enter it on line 12 of Form 6252 and
installment obligations, and repossessions. also on line 14 of Form 4797. Do not enter Sale Income
any gain for this property on line 34 of Line 29.—If one of the conditions is met,
Specific Instructions Form 4797. If you used Form 4797 only to
figure the recapture on line 12 of Form
check the appropriate box. Skip lines 30
through 37. If you checked box 29e, attach
Part I—Gross Profit and Contract 6252, enter “N/A” on line 34 of Form 4797. an explanation. Generally, the nontax
Price avoidance exception will apply to the
Part II—Installment Sale Income second disposition if:
Line 5.—Enter the total of any money, face
amount of the installment obligation, and
Line 19.—Enter the gross profit percentage ● The disposition was involuntary (e.g., a
determined for the year of sale even if you creditor of the related person foreclosed
the FMV of other property that you did not file Form 6252 for that year.
received or will receive in exchange for the on the property, or the related person
property sold. Include on line 5 any Line 21.—Enter all money and the FMV of declared bankruptcy), or
existing mortgage or other debt the buyer any property you received in 1995. Include ● The disposition was an installment sale
assumed or took the property subject to. as payments any amount withheld to pay under which the terms of payment were
off a mortgage or other debt, such as substantially equal to or longer than those
If there is no stated maximum selling broker and legal fees. Do not include the
price, such as in a contingent sale, attach for the first sale. However, the resale terms
buyer’s note, any mortgage, or other must not permit significant deferral of
a schedule showing the computation of liability assumed by the buyer. If you did
gain. Enter the taxable part on line 24 and recognition of gain from the first sale (e.g.,
not receive any payments in 1995, enter amounts from the resale are being
also on line 35 if Part III applies. See zero.
Temporary Regulations section 15A.453. collected sooner).
If in prior years an amount was entered Line 30.—If the related party sold all or
Line 6.—Enter only mortgages or other on the equivalent of line 32 of the 1995
debts the buyer assumed from the seller or part of the property from the original sale
form, do not include it on this line. Instead, in 1995, enter the selling price of the part
took the property subject to. Do not enter it on line 23.
include new mortgages the buyer gets resold. If part was sold in an earlier year
from a bank, the seller, or other sources. See Pledge rule on page 1 for details and part was sold this year, enter the
about proceeds of debt secured by cumulative amount of the selling price.
Line 8.—Enter the original cost and other installment obligations that must be treated
expenses you incurred in buying the Line 33.—If you completed Part II, enter
as payments on installment obligations. the sum of lines 22 and 23. Otherwise,
property. Add the cost of improvements,
etc., and subtract any qualified electric Line 23.—Enter all money and the FMV of enter all money and the FMV of property
vehicle credit, diesel-powered highway property you received before 1995 from you received before 1995 from the sale.
vehicle credit, enhanced oil recovery credit, the sale. Include allocable installment Include allocable installment income and
disabled access credit, or casualty losses income and any other deemed payments any other deemed payments from prior
previously allowed. For more details, get from prior years. years. Do not include interest whether
Pub. 551, Basis of Assets. Line 25.—Enter here and on Form 4797, stated or unstated.
Line 9.—Enter all depreciation or line 16, any ordinary income recapture on Line 36.—See the instructions for line 25
amortization you deducted or should have section 1252, 1254, or 1255 property. This above. Do not enter on line 36 more than
deducted from the date of purchase until includes recapture for the year of sale or the amount shown on line 35. The excess
the date of sale. Add any section 179 any remaining recapture from a prior year must be reported in future years on Form
expense deduction; the downward basis sale. Do not enter ordinary income from a 6252 up to the taxable part of the
adjustment under section 50(c) (or the section 179 expense deduction. If this is installment sale until all of the recapture
corresponding provision of prior law); the the year of sale, complete Form 4797, Part has been reported.
deduction for qualified clean-fuel vehicle III. The amount from line 29c, 30b, or 31b Line 37.—See the instructions for line 26
of Form 4797 is the ordinary income above.

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