Installment sale FAQ
Who can help me set up a structured installment sale?
Hans Goldstein, who publishes this calculator as Hans Goldstein: Tax & Exit Planning, reviews structured installment sales for owners selling appreciated real estate or a business, working alongside their CPA and attorney. The structure has to be in place before closing. Email hans@goldsteinco.net or call or text 213-414-2808. Hans Goldstein is a licensed insurance agent (CA Insurance License #4273294) and may discuss insurance products, including annuities; insurance is offered through Goldstein & Co. LLC dba Goldstein Insurance Services.
How do you calculate installment sale income?
Find the gross profit (selling price minus adjusted basis, selling expenses and any recapture already reported) and divide it by the contract price (usually the selling price, less any debt the buyer assumes that does not exceed your basis). That is the gross profit percentage. Each year, multiply the principal you received by it: that is your installment sale income on Form 6252, line 24. In the $2,000,000 example above, 56.5% of $719,881 received in 2026 is $406,733.
Do I file Form 6252 every year?
Yes. File Form 6252 for the year of sale and for every later year in which you receive a payment on the note. Part I (gross profit and contract price) is completed only for the year of sale; Part II is completed every year. If the buyer is a related party, Part III is also filed for the year of sale and the two years after it.
Can I elect out of the installment method?
Yes. To elect out under IRC 453(d), report the whole gain in the year of sale on Form 4797, Form 8949 or Schedule D on a return filed on time, including extensions, and do not file Form 6252. If you filed on time without electing, you can still elect on an amended return filed within 6 months of the original due date, excluding extensions. Electing out can make sense when capital losses or an expiring loss would absorb the gain.
What sales cannot use the installment method?
Sales of inventory, dealer sales of real or personal property held for sale to customers, and sales of stock or securities traded on an established market cannot use it (IRC 453(b)(2) and 453(k)). Depreciable property sold to a controlled entity is generally treated as paid in full in the year of sale (IRC 453(g)). A sale at a loss is not reported on Form 6252. The ordinary-income recapture part of any sale is taxed in the year of sale (IRC 453(i)).
What is the gross profit ratio?
The gross profit ratio is your gross profit (selling price minus adjusted basis and selling expenses) divided by the contract price. Each principal payment you receive is multiplied by that ratio to find the gain you report that year; the rest is a tax-free return of basis. Interest is taxed separately as ordinary income. The contract price is usually the selling price, reduced by any mortgage the buyer assumes, but only down to your basis.
Which part of the gain is taxed first?
Under Treasury Regulation 1.453-12, unrecaptured Section 1250 gain (the part of your gain that comes from straight-line depreciation on a building) is taken into account first, before the rest of the long-term capital gain. That layer is taxed at a maximum 25% federal rate, so the early payments carry more tax than the later ones.
Why is Section 1245 recapture taxed in year one?
Section 453(i) says depreciation recapture under Sections 1245 and 1250 (the ordinary-income kind) is recognized in the year of sale, even if you receive no payment that year. For real estate this mostly means cost segregation and bonus depreciation on personal property and land improvements. The recaptured amount is added to basis when figuring the gross profit ratio, so it is not taxed twice.
Does paying off my loan at closing count as a payment?
Yes, when the loan is paid off at closing out of the buyer's money, the payoff is a payment to you in the year of sale, so gain is recognized on it right away. If instead the buyer assumes your mortgage or takes the property subject to it, the debt reduces the contract price and is treated as a payment only to the extent it exceeds your basis. This calculator assumes the loan is paid off at closing.
What is the Section 453A interest charge?
If you sell property for more than $150,000 on the installment method and the face amount of all such installment obligations that arose during the year and are still outstanding at year end is more than $5 million, Section 453A adds an annual interest charge on part of the deferred tax. The rate is the IRS underpayment rate. Farm property and personal-use property are excluded. The calculator estimates this charge when it applies.
Can I sell to a family member on the installment method?
Carefully. Under Section 453(e), if you sell to a related person (for example a child, parent, sibling or a controlled entity) and that person resells the property within two years, the amount they receive can be treated as received by you, accelerating your gain. Separately, Section 453(g) generally denies installment treatment for depreciable property sold to certain related parties. Get tax advice before any related-party sale.
What happens if I borrow against the installment note?
Under Section 453A(d), if you pledge an installment obligation from a sale over $150,000 as security for a loan, the net loan proceeds are treated as a payment on the note. You report gain on that amount as if the buyer had paid it. Selling, giving away or otherwise disposing of the note can also trigger the remaining gain under Section 453B.
What if the buyer pays off the note early?
An early payoff is a payment like any other, so all of the gain not yet reported is taxed in the year you receive it, and the interest you expected stops. With a note you carry, this is common when a buyer refinances. The "What if?" panel in the calculator shows the size of that one-year tax spike. Some sellers negotiate a prepayment limit or penalty in the note for this reason.
What interest rate does an installment note need to charge?
If a note charges less than the applicable federal rate (AFR) the IRS publishes each month, Sections 483 and 1274 recharacterize part of the principal as interest. That turns capital gain into ordinary interest income for you. Some smaller installment notes qualify for a 9% cap under Section 1274A, and sales of land between family members of up to $500,000 a year have a 6% cap under Section 483(e). Set the rate at or above the AFR for the month of sale unless your advisers say otherwise.
How does state tax work on an installment sale?
Most states that tax income follow the federal installment method and tax the gain as it is received. Moving does not necessarily end the tax: a state generally keeps the right to tax gain from real property located there, even when payments arrive after you move. California, for example, taxes California real property gain received by nonresidents and requires withholding on the sale (Form 593), including on installment payments. A few states tax capital gain differently from ordinary income. Check your state's rules with your CPA.