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Commonly Asked Questions about Business Property Sales Forms

Key Takeaways. Form 4797 is a tax form distributed by the Internal Revenue Service (IRS). Form 4797 is used to report gains made from the sale or exchange of business property, including property used to generate rental income, and property used for industrial, agricultural, or extractive resources.
Form 4797 is a tax form distributed by the Internal Revenue Service (IRS). Form 4797 is used to report gains made from the sale or exchange of business property, including property used to generate rental income, and property used for industrial, agricultural, or extractive resources.
A sale of a partnership interest requires two transactions: An ordinary income gain/loss reported on Form 4797, Part II, line 10. A capital gain reported on the Schedule D.
If you sold property that was your home and you also used it for business, you may need to use Form 4797 to report the sale of the part used for business (or the sale of the entire property if used entirely for business). Gain or loss on the sale of the home may be a capital gain or loss or an ordinary gain or loss.
The Schedule D form is what most people use to report capital gains and losses that result from the sale or trade of certain property during the year.
From the above two sections, it may seem as though these forms are reporting the same thing. Both are reporting gains or losses on the sale of property. However, a very distinct difference is that Schedule D is for gains/losses on personal property, while Form 4797 is for property used for business purposes.
Form 8594 is the Asset Acquisition Statement, which the buyer and seller must complete and submit to the IRS. Form 4797 is the Sales of Business Property form that helps you determine whether you have a gain or loss on the sale of the assets.