Contract4Deed
Glossary

taxes

Installment Sale

A sale where at least one payment is received after the tax year of sale, allowing gain recognition over time under IRC Section 453.

In depth

Installment sale treatment, governed by IRC Section 453, lets a seller recognize capital gain proportionally as principal payments are received, rather than all in the year of sale. Each payment is divided into return of basis, capital gain, and interest. Misconception: installment sale treatment is not optional in some cases; it applies automatically unless the seller elects out. Practically, contracts for deed, purchase money mortgages, and seller-financed deals are typically reported as installment sales on Form 6252. The seller benefits from spreading tax liability over years and potentially staying in lower brackets. Depreciation recapture must still be recognized in full in the year of sale. Dealer property and inventory are excluded from installment treatment, so house flippers cannot defer gain this way.

Educational content only. Definitions reflect typical usage in US owner-finance and FSBO transactions; statutes and case law vary by state. Consult a licensed real-estate attorney for fact-specific guidance.