2023

Instructions for Form 4797

Sales of Business Property

(Also Involuntary Conversions and Recapture Amounts

Under Sections 179 and 280F(b)(2))

Department of the Treasury

Internal Revenue Service

Section references are to the Internal Revenue Code 

unless otherwise noted.

Future Developments

For the latest information about developments related to 

Form 4797 and its instructions, such as legislation 

enacted after they were published, go to IRS.gov/

Form4797.

General Instructions

Purpose of Form

Use Form 4797 to report the following.

• The sale or exchange of:

1. Real property used in your trade or business;

2. Depreciable and amortizable tangible property used 

in your trade or business (however, see Disposition of 

Depreciable Property Not Used in Trade or Business, 

later);

3. Oil, gas, geothermal, or other mineral properties; 

and

4. Section 126 property.

• The involuntary conversion (from other than casualty or 

theft) of property used in your trade or business and 

capital assets held for more than 1 year in connection with 

a trade or business or a transaction entered into for profit 

(however, see Disposition of Depreciable Property Not 

Used in Trade or Business, later).

• The disposition of noncapital assets (other than 

inventory or property held primarily for sale to customers 

in the ordinary course of your trade or business).

Where To Make First Entry for Certain Items

Reported on This Form

(a)

 Type of property

(b)

 Held 1 year 

or less

(c)

 Held more

 than 1 year

1 Depreciable tangible trade or business property:

a Sold or exchanged at a gain ................................ Part II Part III (1245)

b Sold or exchanged at a loss ................................ Part II Part I

2 Depreciable real trade or business property:

a Sold or exchanged at a gain ................................ Part II Part III (1250)

b Sold or exchanged at a loss ................................ Part II Part I

3 Farmland held less than 10 years upon which soil or water expenses were 

deducted:

a Sold at a gain ......................................... Part II Part III (1252)

b Sold at a loss ......................................... Part II Part I

4 Real or tangible trade or business property which was deducted under the 

de minimis safe harbor Part II Part II

5 All other farmland used in a trade or business Part II Part I

6 Disposition of cost-sharing payment property described in section 126 Part II Part III (1255)

7 Cattle and horses used in a trade or business for draft, breeding, dairy, or 

sporting purposes:

Held less

than 24 

months

Held 24 

months

or more

a Sold at a gain ......................................... Part II Part III (1245)

b Sold at a loss ......................................... Part II Part I

c Raised cattle and horses sold at a gain ......................... Part II Part I

8 Livestock other than cattle and horses used in a trade or business for draft, 

breeding, dairy, or sporting purposes:

Held less

than 12

months

Held 12 

months

or more

a Sold at a gain .......................................... Part II Part III (1245)

b Sold at a loss ......................................... Part II Part I

c Raised livestock sold at a gain .............................. Part II Part I

Jan 9, 2024 Cat. No. 13087T
• The disposition of capital assets not reported on 

Schedule D.

• The gain or loss (including any related recapture) for 

partners and S corporation shareholders from certain 

section 179 property dispositions by partnerships and S 

corporations.

• The computation of recapture amounts under sections 

179 and 280F(b)(2) when the business use of section 179 

or listed property decreases to 50% or less.

• Gains or losses treated as ordinary gains or losses, if 

you are a trader in securities or commodities and made a 

mark-to-market election under section 475(f).

• Election to defer a qualified section 1231 gain (gains 

derived from the sale of property used in a trade or 

business) invested in a qualified opportunity fund (QOF).

Other Forms You May Have To File

• Use Form 4684, to report involuntary conversions from 

casualties and thefts.

• Use Form 6252, to report the sale of property under the 

installment method.

• Use Form 8824, to report exchanges of qualifying 

business or investment real property for real property of a 

like kind. For exchanges of real property used in a trade or 

business (and other noncapital assets), enter the gain or 

(loss) from Form 8824, if any, on Form 4797, line 5 or 

line 16.

• If you sold property on which you claimed investment 

credit, see Form 4255, and its instructions to find out if you 

must recapture some or all of the credit.

• Use Form 8949, to report the sale or exchange of 

capital assets not reported on another form or schedule; 

gains from involuntary conversions (other than casualty or 

theft) of capital assets not used in your trade or business; 

and nonbusiness bad debts. However, see Disposition of 

Depreciable Property Not Used in Trade or Business, 

later.

• Use the applicable Schedule D, Capital Gains and 

Losses, for the return you are filing to figure the overall 

gain or loss from transactions reported on Form 8949 and 

to report transactions you don’t have to report on Form 

8949. See the Instructions for Form 8949 and the 

instructions for the applicable Schedule D.

Additional information. See the instructions for the 

forms listed above for more information. Also see Pub. 

544, Sales and Other Dispositions of Assets, and Pub. 

550, Investment Income and Expenses.

Special Rules

At-Risk Rules

If you report a loss on an asset used in an activity for 

which you are not at risk, in whole or in part, see the 

Instructions for Form 6198. Also, see Pub. 925, Passive 

Activity and At-Risk Rules. Losses from passive activities 

are subject first to the at-risk rules and then to the passive 

activity rules.

Depreciable Property and Other Property 

Disposed of in the Same Transaction

If you disposed of both depreciable property and other 

property (for example, a building and land) in the same 

transaction and realized a gain, you must allocate the 

amount realized between the two types of property based 

on their respective fair market values (FMVs) to figure the 

part of the gain to be recaptured as ordinary income 

because of depreciation. The disposition of each type of 

property is reported separately in the appropriate part of 

Form 4797. For example, for property held more than 1 

year, report the sale of a building in Part III and the land in 

Part I.

Disposition of Depreciable Property Not Used in 

Trade or Business

Generally, gain from the sale or exchange of depreciable 

property not used in a trade or business but held for 

investment or for use in a not-for-profit activity is capital 

gain. Generally, the gain is reported on Form 8949 and 

Schedule D. However, part of the gain on the sale or 

exchange of the depreciable property may have to be 

recaptured as ordinary income on Form 4797. Use Part III 

of Form 4797 to figure the amount of ordinary income 

recapture. The recapture amount is included on line 31 

(and line 13) of Form 4797. See the instructions for Part III. 

If the total gain for the depreciable property is more than 

the recapture amount, the excess is reported on Form 

8949. On Form 8949, enter “From Form 4797” in column 

(a) of Part I (if the transaction is short term) or Part II (if the 

transaction is long term), and skip columns (b) and (c). In 

column (d), enter the excess of the total gain over the 

recapture amount. Leave columns (e) through (g) blank 

and complete column (h). If you invested this gain into a 

QOF and intend to elect the temporary deferral of the 

gain, see the Instructions for Form 8949; Form 8997, Initial 

and Annual Statement of Qualified Opportunity Fund 

(QOF) Investments, and its instructions; and the 

instructions for the applicable Schedule D.

Generally, loss from the sale or exchange of 

depreciable property not used in a trade or business but 

held for investment or for use in a not-for-profit activity is a 

capital loss. Report the loss on Form 8949 in Part I (if the 

transaction is short term) or Part II (if the transaction is 

long term). You can deduct capital losses up to the 

amount of your capital gains. In the case of taxpayers 

other than corporations, you can also deduct the lower of 

$3,000 ($1,500 if you are a married individual filing a 

separate return), or the excess of such losses over such 

gains. See the Instructions for Form 8949 and the 

Instructions for Schedule D (Form 1040).

Partial Dispositions of MACRS Property

You may elect to recognize a partial disposition of a 

Modified Accelerated Cost Recovery System (MACRS) 

asset, and report the gain, loss, or other deduction on a 

timely filed, including extensions, federal tax return for the 

year of the disposition. In some cases, however, you are 

required to report the gain or loss on the partial disposition 

of a MACRS asset (see Required partial dispositions, 

later). MACRS assets include buildings (and their 

structural components) and other tangible depreciable 

property placed in service after 1986 that is used in a 

trade or business or for the production of income.

For more information on partial dispositions of MACRS 

property, see Regulations section 1.168(i)-8(d).

2 Instructions for Form 4797 (2023)
Elective partial dispositions. If you elect to recognize a 

partial disposition of a MACRS asset, report the gain or 

loss (if any) on Form 4797, Part I, II, or III, as applicable, 

and include the words “Partial Disposition Election” in the 

description of the partially disposed asset. See the 

instructions for Parts I, II, and III. For more information on 

the disposition of MACRS assets, see Regulations section 

1.168(i)-8.

Required partial dispositions. Report the gain or loss 

(if any) on the following partial dispositions of MACRS 

assets on Form 4797, Part I, II, or III, as applicable.

• Sale of a portion of a MACRS asset.

• Involuntary conversion of a portion of a MACRS asset 

other than from a casualty or theft.

• Like-kind exchange of a portion of a MACRS asset 

(Form 4797, line 5 or 16).

See the instructions for lines 1b and 1c and the 

instructions for Parts I, II, and III. Also, see Other Forms 

You May Have To File, earlier.

Disposition of Assets That Constitute a Trade or 

Business

If you sell a group of assets that make up a trade or 

business and the buyer's basis in the assets are 

determined wholly by the amount paid for the assets, both 

you and the buyer must generally allocate the total sales 

price to the assets transferred. File Form 8594, Asset 

Acquisition Statement, to report the sale. See the 

Instructions for Form 8594. Also, see Pub. 544 for more 

details on the sale of business assets.

Installment Sales

If you sold property at a gain and you will receive a 

payment in a tax year after the year of sale, you must 

generally report the sale on the installment method unless 

you elect not to do so.

Use Form 6252 to report the sale on the installment 

method. Also use Form 6252 to report any payment 

received during your 2023 tax year from a sale made in an 

earlier year that you reported on the installment method. 

Enter any gain from the installment sale on Form 4797, 

line 4 or line 15, as applicable. See the instructions for 

Form 6252.

To elect out of the installment method, report the full 

amount of the gain on a timely filed return (including 

extensions). If you timely filed your tax return without 

making the election, you can still make the election by 

filing an amended return within 6 months of the due date 

of your return (excluding extensions). Enter “Filed 

pursuant to section 301.9100-2” at the top of the amended 

return.

For a detailed discussion of installment sales, see Pub. 

537.

Traders Who Made a

Mark-to-Market Election

A trader in securities or commodities may elect under 

section 475(f) to use the mark-to-market method to 

account for securities or commodities held in connection 

with a trading business. Under this method of accounting, 

any security or commodity held at the end of the tax year 

is treated as sold at its FMV on the last business day of 

that year.

Unless you are a new taxpayer, the election must be 

made by the due date (not including extensions) of the tax 

return for the year prior to the year for which the election 

becomes effective.

If you are a trader in securities or commodities with a 

mark-to-market election under section 475(f) in effect for 

the tax year, the following special rules apply.

• Gains and losses from all securities or commodities 

held in connection with your trading business (including 

those marked to market) are treated as ordinary income 

and losses, instead of capital gains and losses. As a 

result, the lower capital gain tax rates and the limitation on 

capital losses don’t apply.

• The gain or loss from each security or commodity held 

in connection with your trading business (including those 

marked to market) is reported on Form 4797, Part II, 

line 10. See Securities or Commodities Held by a Trader 

Who Made a Mark-to-Market Election in the instructions 

for line 10.

• The wash sale rule does not apply to securities or 

commodities held in connection with your trading 

business.

For details on the mark-to-market election for traders 

and how to make the election, see section 475(f). Also 

see Pub. 550.

Sale of Home Used for Business

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. Any gain on the personal part of the 

property is a capital gain. You cannot deduct a loss on the 

personal part. Any gain or loss on the part of the home 

used for business is an ordinary gain or loss, as 

applicable, reportable on Form 4797. Any gain or loss on 

the part producing income for which the underlying activity 

does not rise to the level of a trade or business is a capital 

gain or loss, as applicable. See Disposition of Depreciable 

Property Not Used in Trade or Business, earlier. For more 

details, see Pub. 544. Also, see Pub. 523, Selling Your 

Home.

Exclusion of gain on sale of home used for business. 

You may be able to exclude part or all of the gain figured 

on Form 4797 if the property sold was used for business 

and was also owned and used as your principal residence 

during the 5-year period ending on the date of the sale. 

During that 5-year period, you must have owned and used 

the property as your personal residence for 2 or more 

years. However, the exclusion may not apply to the part of 

the gain that is allocated to any period after December 31, 

2008, during which the property was not used as your 

principal residence.

If the property was held more than 1 year after you 

converted it to business use, complete Part III to figure the 

amount of the gain. Do not take the exclusion into account 

when figuring the gain on line 24. If line 22 includes 

depreciation for periods after May 6, 1997, you cannot 

Instructions for Form 4797 (2023) 3
exclude gain to the extent of that depreciation. On Part I, 

line 2, enter “Section 121 exclusion,” and enter the amount 

of the exclusion as a (loss) in column (g).

If the property was held for 1 year or less after you 

converted it to business use, report the sale and the 

amount of the exclusion, if any, in a similar manner on Part 

II, line 10.

For details and exceptions, including how to figure gain 

on the sale of a home used for business and the amount 

of the exclusion, see section 121 and Pub. 523.

Involuntary Conversion of Property

You may not have to pay tax on a gain from an involuntary 

or compulsory conversion of property. See Pub. 544 for 

details.

Passive Loss Limitations

If you have an overall loss from passive activities and you 

report a loss on an asset used in a passive activity, use 

Form 8582, Passive Activity Loss Limitations, or Form 

8810, Corporate Passive Activity Loss and Credit 

Limitations, as applicable, to see how much loss is 

allowed before entering it on Form 4797.

You cannot claim unused passive activity credits when 

you dispose of your interest in an activity. However, if you 

dispose of your entire interest in an activity, you may elect 

to increase the basis of the credit property by the original 

basis reduction of the property to the extent that the credit 

has not been allowed because of the passive activity 

rules. Make the election on Form 8582-CR, Passive 

Activity Credit Limitations, or Form 8810, as applicable. 

No basis adjustment may be elected on a partial 

disposition of your interest in an activity.

Recapture of Preproductive Expenses

If you elect under section 263A(d)(3) not to use the 

uniform capitalization rules of section 263A, any plant that 

you produce is treated as section 1245 property. For 

dispositions of plants reportable on Form 4797, enter the 

recapture amount taxed as ordinary income on Part III, 

line 22. See Disposition of plants in chapter 9 of Pub. 225, 

Farmer's Tax Guide, for details.

Section 197(f)(9)(B)(ii) Election

If you made the election under section 197(f)(9)(B)(ii) to 

recognize gain on the disposition of a section 197 

intangible and to pay a tax on that gain at the highest tax 

rate, include the additional tax on Form 1040, line 16 (or 

the appropriate line of other income tax returns). Check 

box 3 and enter “197” and the tax in the space next to that 

box. The additional tax is the amount that, when added to 

any other income tax on the gain, equals the gain 

multiplied by the highest tax rate.

Deferral of Gain Invested in a Qualified 

Opportunity Fund (QOF)

If you realized a gain from an actual or deemed sale or 

exchange with an unrelated person and, during the 

180-day period beginning on the date the gain is realized, 

you invested any portion of the gain in a QOF, then you 

may be able to elect to temporarily defer such eligible 

capital gain that would otherwise be includible in the 

current tax year’s income. If you make the election, the 

eligible capital gain is included in taxable income only to 

the extent, if any, the amount of realized gain exceeds the 

aggregate amount invested in a QOF during the 180-day 

period.

A taxpayer may elect to temporarily defer a qualified 

section 1231 gain (gains derived from the sale of property 

used in a trade or business, including gains from 

installment sales and like-kind exchanges) by investing 

the amount of the eligible gain into a QOF. Qualified 

section 1231 gains are eligible to be invested into a QOF 

to the extent the section 1231 gain exceeds any amount 

that is treated as ordinary income due to depreciation 

recapture as required by sections 1245 and 1250. 

Sections 1245 and 1250 gain may not be deferred into a 

QOF. For more information, see section 1400Z-2 and the 

related regulations.

How to report. Report the gain including any 

depreciation recapture required by sections 1245 and 

1250 as it would otherwise be reported if you were not 

making the election. Then, on Form 4797, line 2, report 

the qualified section 1231 gains you are electing to defer 

as a result of an investment into a QOF within 180 days of 

the date sold. If you are reporting the sale directly on Form 

4797, line 2, use the line directly below the line on which 

you reported the sale. In column (a), identify the section 

1231 gains invested into a QOF as “QOF investment to 

Form 8949”; columns (b), (c), (d), (e), and (f) will remain 

blank. Report the amount of section 1231 gains invested 

into a QOF as a negative amount (in parentheses) in 

column (g).

For example, if a taxpayer realizes $300,000 of section 

1231 gains in a tax year but chooses to defer $75,000 of 

section 1231 gains by investing those gains into a QOF 

within 180 days of the date of sale, the taxpayer would 

enter “QOF investment to Form 8949” in column (a) and 

enter ($75,000) in column (g).

Similarly, if the taxpayer disposed of an investment in a 

QOF during the tax year triggering recognition of section 

1231 deferred gains, the taxpayer should report the gain 

on a separate row in line 2, enter “QOF inclusion from 

section 1231 gains” in column (a), and report the $75,000 

of previously deferred and currently recognizable section 

1231 gains as a positive number in column (g).

Make the election for the deferred amount invested in a 

QOF on Form 8949. See the Instructions for Form 8949. If 

you held a qualified investment in a QOF at any time 

during the year, you must file your return with Form 8997 

attached. See the instructions for Form 8997. For more 

information about QOFs, see IRS.gov/Ozfaqs.

Exclusion of Gain From Sale of DC Zone Assets

If you sold or exchanged a District of Columbia Enterprise 

Zone (DC Zone) asset that you acquired after 1997 and 

before 2012, and held for more than 5 years, you may be 

able to exclude the amount of “qualified capital gain.” This 

exclusion applies to an interest in, or property of, certain 

businesses operating in the District of Columbia.

DC Zone asset. A DC Zone asset is any of the following.

• DC Zone business stock.

• DC Zone partnership interest.

4 Instructions for Form 4797 (2023)
• DC Zone business property.

Qualified capital gain. The qualified capital gain is any 

gain recognized on the sale or exchange of a DC Zone 

asset that is a capital asset or property used in a trade or 

business that you would otherwise include on Form 4797, 

Part I. It does not include any of the following gain.

• Gain treated as ordinary income under section 1245.

• Section 1250 gain figured as if section 1250 applied to 

all depreciation rather than the additional depreciation.

• Gain attributable to real property, or an intangible asset, 

which is not an integral part of a DC Zone business.

• Gain from a related-party transaction. See Sales and 

Exchanges Between Related Persons in chapter 2 of Pub. 

544.

• Gain attributable to periods after December 31, 2016.

See section 1400B (as in effect before its repeal) for 

more details and special rules.

How to report. If applicable, report the entire gain 

realized from the sale or exchange as you otherwise 

would without regard to the exclusion. To report the 

exclusion, enter “DC Zone Asset Exclusion” on Form 

4797, line 2, column (a), and enter as a (loss) in column 

(g) the amount of the exclusion that offsets the gain 

reported on Part I, line 6.

Any unrecaptured section 1250 gain is not 

qualified capital gain. Identify the amount of gain 

that is unrecaptured section 1250 gain and report 

it on the Schedule D for the return you are filing.

Exclusion of Gain From Qualified Community 

Assets

If you sold or exchanged a qualified community asset 

acquired after 2001 and before 2010, you may be able to 

exclude the “qualified capital gain.” The qualified gain is, 

generally, any gain recognized in a trade or business that 

you would otherwise include on Form 4797, Part I. This 

exclusion also applies to an interest in, or property of, 

certain renewal community businesses. See sections 

1400F(c) and (d) (as in effect before their repeal) for 

special rules and limitations.

Qualified community asset. A qualified community 

asset is any of the following.

• Qualified community stock.

• Qualified community partnership interest.

• Qualified community business property.

Qualified capital gain. Qualified capital gain is any gain 

recognized on the sale or exchange of a qualified 

community asset that is a capital asset or property used in 

a trade or business. It does not include any of the 

following gains.

• Gain treated as ordinary income under section 1245.

• Section 1250 gain figured as if section 1250 applied to 

all depreciation rather than the additional depreciation.

• Gain attributable to real property, or an intangible asset, 

that is not an integral part of a renewal community 

business.

• Gain from a related-party transaction. See Sales and 

Exchanges Between Related Persons in chapter 2 of Pub. 

544.

• Gains from periods after December 31, 2014.

CAUTION

!

See section 1400F (as in effect before its repeal) for 

more details and special rules.

How to report. If applicable, report the entire gain 

realized from the sale or exchange as you otherwise 

would without regard to the exclusion. To report the 

exclusion, enter “Qualified Community Asset Exclusion” 

on Form 4797, line 2, column (a), and enter as a (loss) in 

column (g) the amount of the exclusion that offsets the 

gain reported on Part I, line 6.

Specific Instructions

Note. To show losses, enclose figures in (parentheses).

If you disposed of property you acquired by inheritance 

from someone who died, enter “INHERITED” in column 

(b) instead of the date you acquired the property. Also 

report the sale or exchange that way if you inherited the 

property from someone who died in 2010 and the 

executor of the decedent's estate did not elect under 

section 1022 to file Form 8939.

Disposition by a Partnership or S 

Corporation of Section 179 Property

Partners and S corporation shareholders. If you 

received a Schedule K-1 from a partnership or S 

corporation reporting the sale, exchange, or other 

disposition of property for which a section 179 expense 

deduction was previously claimed and passed through to 

its partners or shareholders, you must report your share of 

the transaction on Form 4797, 4684, 6252, or 8824 

(whether or not you were a partner or shareholder at the 

time the section 179 deduction was claimed).

Use the worksheet, later, to figure the amount to report 

on Form 4797, 4684, 6252, or 8824, and to figure any 

reduction in your carryforward of the unused section 179 

expense deduction. The partnership or S corporation 

must provide the following information on Schedule K-1 for 

the transaction.

• Description of the property.

• Date the property was acquired and placed in service.

• Date of the sale or other disposition of the property.

• Your share of the gross sales price or amount realized. 

Enter this amount on line 1 of the worksheet.

• Your share of the cost or other basis plus the expense 

of sale. Enter this amount on line 2 of the worksheet.

• Your share of the depreciation allowed or allowable, but 

excluding the section 179 expense deduction. Enter this 

amount on line 3a of the worksheet.

• Your share of the section 179 expense deduction 

passed through for the property and the partnership's or S 

corporation's tax year(s) in which the amount was passed 

through. Enter on line 3b of the worksheet your share of 

the total amount of the section 179 expense deduction 

passed through for the property (even if you were not a 

partner or shareholder for the tax year in which it was 

passed through or you did not deduct all or part of the 

section 179 expense because of the dollar or taxable 

income limitations). The tax year(s) in which the amount 

was passed through is provided so you can determine the 

amount of unused carryover section 179 expense (if any) 

for the property to report on line 3c.

Instructions for Form 4797 (2023) 5
• If the disposition is due to a casualty or theft, a 

statement indicating so, and any additional information 

you need to complete Form 4684.

• If the disposition was an installment sale made during 

the partnership's or S corporation's tax year reported 

using the installment method, any information you need to 

complete Form 6252. The partnership or S corporation 

must also separately report your share of all payments 

received for the property in the following tax years.

• If the disposition was a disposition of property given up 

in an exchange involving like-kind property made during 

the partnership's or S corporation's tax year, any 

information you need to complete Form 8824.

If you have a carryforward of unused section 179 

expense deduction that includes section 179 expense 

deduction previously passed through to you for the 

disposed asset, you must reduce your carryforward by 

your share of the section 179 expense deduction shown 

on Schedule K-1 (or the amount attributable to that 

property included in your carryforward amount).

Note. Partnerships and S corporations do not report 

these transactions on Form 4797, 4684, 6252, or 8824. 

Instead, they provide their partners and shareholders the 

information they need to report the transactions. See the 

Instructions for Form 1065 or the Instructions for Form 

1120-S for details on the information that must be 

reported on Schedule K-1.

Line 1

Line 1a. Enter on line 1a the total gross proceeds from:

• Sales or exchanges of real estate reported to you for 

2023 on Form(s) 1099-S (or substitute statement(s)) that 

you are including on line 2, 10, or 20; and

• Sales of securities or commodities reported to you for 

2023 on Form(s) 1099-B (or substitute statement(s)) that 

you are including on line 10 because you are a trader with 

a mark-to-market election under section 475(f) in effect for 

the tax year. See Traders Who Made a Mark-to-Market 

Election, earlier, and the instructions for line 10, later.

Line 1b. Enter on line 1b the total amount of gain that you 

are including on lines 2, 10, and 24 due to the partial 

dispositions of MACRS assets. See Partial Dispositions of 

MACRS Property, earlier.

Line 1c. Enter on line 1c the total amount of loss that you 

are including on lines 2 and 10 due to partial dispositions 

of MACRS assets. See Partial Dispositions of MACRS 

Property, earlier.

Part I

Use Part I to report section 1231 transactions that are not 

required to be reported in Part III.

Section 1231 transactions. The following are section 

1231 transactions.

• Sales or exchanges of real or depreciable property 

used in a trade or business and held for more than 1 year. 

To figure the holding period, begin counting on the day 

after you received the property and include the day you 

disposed of it.

• Cutting of timber that the taxpayer elects to treat as a 

sale or exchange under section 631(a).

• Disposal of timber with a retained economic interest 

that is treated as a sale, or an outright sale of timber, 

under section 631(b).

• Disposal of coal (including lignite) or domestic iron ore 

with a retained economic interest that is treated as a sale 

under section 631(c).

• Sales or exchanges of cattle and horses, regardless of 

age, used in a trade or business for draft, breeding, dairy, 

or sporting purposes and held for 24 months or more from 

acquisition date.

• Sales or exchanges of livestock other than cattle and 

horses, regardless of age, used in a trade or business for 

draft, breeding, dairy, or sporting purposes and held for 12 

months or more from acquisition date.

Note. Livestock does not include poultry, chickens, 

turkeys, pigeons, geese, other birds, fish, frogs, reptiles, 

etc.

• Sales or exchanges of certain unharvested crops. See 

section 1231(b)(4).

• Involuntary conversions of trade or business property or 

capital assets held more than 1 year in connection with a 

trade or business or a transaction entered into for profit. 

These conversions may result from (a) part or total 

destruction, (b) theft or seizure, or (c) requisition or 

condemnation (whether threatened or carried out). 

However, if any recognized losses were from involuntary 

conversions from fire, storm, shipwreck, or other casualty 

or from theft and the losses exceed the recognized gains 

from the conversions, do not include any gains or losses 

from such conversions when figuring your net section 

1231 gains and section 1231 losses.

Transactions to which section 1231 does not apply. 

Section 1231 transactions do not include sales or 

exchanges of:

• Inventory or property held primarily for sale to 

customers;

• Patents; inventions; models or designs (whether or not 

patented); secret formulas or processes; copyrights; 

literary, musical, or artistic compositions; letters or 

memoranda; or similar property (a) created by your 

personal efforts, (b) prepared or produced for you (in the 

case of letters, memoranda, or similar property), or (c) 

received from someone who created them or for whom 

they were created, as mentioned in (a) or (b), in a way that 

entitled you to the basis of the previous owner (such as by 

gift); or

• U.S. Government publications, including the 

Congressional Record, that you:

1. Received from the government other than by 

purchase at the normal sales price; or

2. Received from someone who had received it from 

the government, other than by purchase at the normal 

sales price, in a way that entitled you to the previous 

owner’s basis (such as by gift).

Line 7

Partners and S corporation shareholders receive a 

Schedule K-1 (Form 1065 or Form 1120-S), which 

includes amounts that must be reported on Form 4797. 

Following the Instructions for Schedule K-1, enter any 

6 Instructions for Form 4797 (2023)
amounts from your Schedule K-1 (Form 1120-S), box 9, or 

Schedule K-1 (Form 1065), box 10, in Part I of Form 4797.

If the amount from line 7 is a gain and you have 

nonrecaptured section 1231 losses from prior years, see 

the instructions for line 8, later. If the amount from line 7 is 

a gain and you did not have nonrecaptured section 1231 

losses from prior years, enter the gain from line 7 as a 

long-term capital gain on the Schedule D for the return you 

are filing.

Line 8

Your nonrecaptured section 1231 losses are your net 

section 1231 losses deducted during the 5 preceding tax 

years that have not yet been applied against any net 

section 1231 gain to determine how much net section 

1231 gain is treated as ordinary income under this rule.

Worksheet for Partners and S Corporation Shareholders To

Figure Gain or Loss on Dispositions of Property for

Which a Section 179 Deduction Was Claimed

Keep for Your Records

Caution: See the Worksheet Instructions below before starting.

1. Gross sales price ............................................................................. 1.

2. Cost or other basis .............................................................. 2.

3. a. Depreciation (excluding section 179 expense deduction) ........... 3a.

b. Section 179 expense deduction .................. 3b.

c. Unused carryover of section 179 expense 

deduction .................................... 3c.

d. Subtract line 3c from line 3b ................................... 3d.

e. Add lines 3a and 3d ........................................................ 3e.

4. Adjusted basis. Subtract line 3e from line 2 ....................................................... 4.

5. Gain or loss. Subtract line 4 from line 1. (See Where To Report Amounts From Worksheet below.) .......... 5.

Worksheet Instructions

Caution: For a disposition due to casualty or theft, skip lines 1 and 5 and enter the amount from line 4 on Form 4684, line 20, and 

complete the rest of Form 4684.

Lines 1, 2, 3a, and 3b. Enter these amounts from Schedule K-1 (Form 1065 or 1120-S).

Line 3c. If you were unable to claim all of the section 179 expense deduction previously passed through to you for the property (if 

any), enter the smaller of line 3b or the portion of your unused carryover of section 179 expense deduction attributable to the 

property. Make sure you reduce your carryover of disallowed section 179 expense deduction shown on Form 4562 by the amount on 

line 3c.

Where To Report Amounts From Worksheet

Generally, the information from the above worksheet is reported on the lines specified below for Form 4797, Part III. However, for a 

disposition under the installment method, complete the lines shown below for Form 6252. For dispositions of property given up in an 

exchange involving like-kind property, complete the lines shown below for Form 8824.

 If line 5 is a gain and the property was held more than 1 year, report the disposition as follows.

• Complete Form 4797, line 19, columns (a), (b), and (c); Form 6252, lines 1 through 4; or Form 8824, Parts I and II.

• Report the amount from line 1 above on Form 4797, line 20; Form 6252, line 5; or Form 8824, line 12 or 16.

• Report the amount from line 2 above on Form 4797, line 21; or Form 6252, line 8.

• Report the amount from line 3e above on Form 4797, line 22; or Form 6252, line 9.

• Report the amount from line 4 above on Form 4797, line 23; Form 6252, line 10; or Form 8824, line 13 or 18.

• Complete the rest of the applicable form.

 If line 5 is zero or a loss and the property was held more than 1 year, report the disposition as follows. Do not report a loss on 

 Form 6252; instead, report the disposition on the lines shown for Form 4797.

• Complete Form 4797, line 2, columns (a), (b), and (c); or Form 8824, Parts I and II.

• Report the amount from line 1 above on Form 4797, line 2, column (d); or Form 8824, line 12 or 16.

• Report the amount from line 2 above on Form 4797, line 2, column (f).

• Report the amount from line 3e above on Form 4797, line 2, column (e).

• Report the amount from line 4 above on Form 8824, line 13 or 18.

• Complete the rest of the applicable form. 

 If the property was held 1 year or less, report the gain or loss on the disposition as shown below. Do not report a loss on 

 Form 6252; instead, report the disposition on the lines shown for Form 4797.

• Complete Form 4797, line 10, columns (a), (b), and (c); Form 6252, lines 1 through 4; or Form 8824, Parts I and II.

• Report the amount from line 1 above on Form 4797, line 10, column (d); Form 6252, line 5; or Form 8824, line 12 or 16.

• Report the amount from line 2 above on Form 4797, line 10, column (f); or Form 6252, line 8.

• Report the amount from line 3e above on Form 4797, line 10, column (e); or Form 6252, line 9.

• Report the amount from line 4 above on Form 6252, line 10; or Form 8824, line 13 or 18.

• Complete the rest of the applicable form.

Instructions for Form 4797 (2023) 7
You had a net section 1231 loss if section 1231 losses 

exceeded section 1231 gains. Gains are included only to 

the extent taken into account in figuring gross income. 

Losses are included only to the extent taken into account 

in figuring taxable income except that the limitation on 

capital losses does not apply.

Your net section 1231 gain on line 7 is treated as 

ordinary income to the extent of your nonrecaptured 

section 1231 losses. See the example below.

Example. You had net section 1231 losses of $4,000 

and $6,000 in 2018 and 2019, respectively, and net 

section 1231 gains of $3,000 and $2,000 in 2022 and 

2023, respectively. The 2023 net section 1231 gain of 

$2,000 is entered on line 7 and the nonrecaptured net 

section 1231 losses of $7,000 ($10,000 net section 1231 

losses minus the $3,000 that was applied against the 

2023 net section 1231 gain) are entered on line 8. The 

entire $2,000 net section 1231 gain on line 7 is treated as 

ordinary income and is entered on line 12 of Form 4797. 

For recordkeeping purposes, the $4,000 loss from 2018 is 

all recaptured ($3,000 in 2022 and $1,000 in 2023), and 

you have $5,000 of section 1231 losses from 2019 left to 

recapture ($6,000 minus the $1,000 recaptured this year).

Line 9

For recordkeeping purposes, if line 9 is zero, the amount 

on line 7 is the amount of net section 1231 loss recaptured 

in 2023. If line 9 is more than zero, you have recaptured all 

of your net section 1231 losses from prior years.

If line 9 is more than zero, enter the amount from line 8 

on line 12. Enter the gain from line 9 as a long-term capital 

gain on the Schedule D for the return you are filing.

Part II

If a transaction is not reportable in Part I or Part III and the 

property is not a capital asset reportable on Schedule D, 

report the transaction in Part II.

If you received ordinary income from a sale or other 

disposition of your interest in a partnership, see Pub. 541, 

Partnerships.

Line 10

Report on line 10 ordinary gains and losses, not included 

on lines 11 through 16, including gains and losses from 

property held 1 year or less.

If you receive ordinary income from a sale or other 

disposition of property and deducted the cost of the 

property under the tangible property de minimis safe 

harbor, report the income on line 10.

Deduct the loss from a qualifying abandonment of 

business or investment property on line 10. See 

Abandonments in Pub. 544 for more information.

Gain or Loss From Certain Preferred Stock

Gain or loss recognized by any “applicable financial 

institution” from the sale or exchange of "any applicable 

preferred stock" is ordinary income or loss. An applicable 

financial institution includes:

• A financial institution defined in section 582(c)(2), and

• A depository institution holding company defined in 

section 3(w)(1) of the Federal Deposit Insurance Act.

Also, for this purpose, “applicable preferred stock” is 

preferred stock of the Federal National Mortgage 

Association (Fannie Mae), or the Federal Home Loan 

Mortgage Corporation (Freddie Mac) that was:

• Held by the applicable financial institution on 

September 6, 2008; or

• Sold or exchanged by the applicable financial institution 

after December 31, 2007, and before September 7, 2008.

In the case of a sale or exchange of applicable 

preferred stock after September 6, 2008, by a taxpayer 

that held such preferred stock on September 6, 2008, 

these provisions apply only where the taxpayer was an 

applicable financial institution at all times during the period 

beginning on September 6, 2008, and ending on the date 

of the sale or exchange of the applicable preferred stock. 

Therefore, any Fannie Mae or Freddie Mac preferred stock 

held by a taxpayer that was not an applicable financial 

institution on September 6, 2008, is not applicable 

preferred stock (even if such taxpayer subsequently 

became an applicable financial institution).

For guidance on preferred stock held indirectly by 

applicable financial institutions through partnerships and 

subsidiaries, see Rev. Proc. 2008-64, 2008-47 I.R.B. 

1195, available at IRS.gov/irb/2008-47_IRB/ar12.html.

Deferred Gain From Qualifying Electric 

Transmission Transaction

If you sold or exchanged qualifying electric transmission 

property before January 1, 2008 (before January 1, 2021, 

for a qualified electric utility), and elected to defer the 

realized gain, the deferred gain is recognized ratably over 

the 8-year period that began with the tax year that 

includes the date of the disposition. See section 451(k) for 

more information on making the election for qualifying 

transactions.

Include the applicable portion of the deferred gain for 

the current tax year on line 10. Enter “Deferred gain under 

section 451(k)” in column (a) and 1/8 of the deferred gain 

in column (g).

Securities or Commodities Held by a Trader Who 

Made a Mark-to-Market Election

Report on line 10 all gains and losses from sales and 

dispositions of securities or commodities held in 

connection with your trading business, including gains and 

losses from marking to market securities and commodities 

held at the end of the tax year (see Traders Who Made a 

Mark-to-Market Election, earlier). Attach to your tax return 

a statement, using the same format as line 10, showing 

the details of each transaction. Separately show and 

identify securities or commodities held and marked to 

market at the end of the year. On line 10, enter 

“Trader—see attached” in column (a) and the totals from 

the statement in columns (d), (f), and (g). Also, see the 

instructions for line 1, earlier.

8 Instructions for Form 4797 (2023)
Small Business Investment Company Stock

Report on line 10 ordinary losses from the sale or 

exchange (including worthlessness) of stock in a small 

business investment company operating under the Small 

Business Investment Act of 1958. See

section 1242.

Also attach a statement that includes the name and 

address of the small business investment company and, if 

applicable, the reason the stock is worthless and the 

approximate date it became worthless.

Section 1244 (Small Business) Stock

Individuals report ordinary losses from the sale or 

exchange (including worthlessness) of section 1244 

(small business) stock on line 10.

The maximum amount that may be treated as an 

ordinary loss on Form 4797 is $50,000 ($100,000 if 

married filing jointly). Special rules may limit the amount of 

your ordinary loss if (a) you received section 1244 stock in 

exchange for property with a basis in excess of its FMV, or 

(b) your stock basis increased because of contributions to 

capital or otherwise. See Pub. 550 for more details, 

including information on what is section 1244 (small 

business) stock.

Attach a computation of the loss from the sale or 

exchange of section 1244 property. On line 10, enter 

“Losses on Section 1244 (Small Business Stock)” in 

column (a), and enter the allowable loss in column (g). 

Report on Schedule D losses in excess of the maximum 

amount that may be treated as an ordinary loss (and all 

gains) from the sale or exchange of section 1244 stock.

Keep adequate records to distinguish section 1244 

stock from any other stock owned in the same 

corporation.

Line 18a

You must complete this line if there is a gain on Form 

4797, line 3; a loss on Form 4797, line 11; and a loss on 

Form 4684, line 35, column (b)(ii). Enter on this line the 

smaller of the loss on Form 4797, line 11, or the loss on 

Form 4684, line 35, column (b)(ii). To figure which loss is 

smaller, treat both losses as positive numbers. Enter the 

loss from income-producing property on Schedule A 

(Form 1040), line 16. Identify it as from “Form 4797, 

line 18a.” Do not include any loss from property used as 

an employee.

Part III

Partners and shareholders reporting a disposition 

of section 179 property which was separately 

reported to you on Schedule K-1 (Form 1065 or 

1120-S), see Partners and S corporation shareholders at 

the beginning of the Specific Instructions, earlier.

Generally, for property held 1 year or less, do not 

complete Part III; instead, use Part II. For exceptions, see 

the chart Where To Make First Entry for Certain Items 

Reported on This Form, earlier.

TIP

Use Part III to figure recapture of depreciation and other 

items that must be reported as ordinary income on the 

disposition of certain property. Complete lines 19 through 

24 to determine the gain on the disposition of the property. 

If you have more than four properties to report, use 

additional forms. For more details on depreciation 

recapture, see Pub. 544.

If the property was sold on the installment sale basis, 

see the instructions for Form 6252 before completing Part 

III. Also, if you have both installment sales and 

noninstallment sales, you may want to use separate 

Forms 4797, Part III, for the installment sales and the 

noninstallment sales.

Note. If you sold or otherwise disposed of property for 

which you elected to treat as an expense the costs of 

certain real property, special rules apply. See section 179. 

For special rules for determining gain or loss and 

determining if the basis of the property is treated as 

section 1245 or section 1250 property, see Pub. 544.

Line 20

The gross sales price includes money, the FMV of other 

property received, and any existing mortgage or other 

debt the buyer assumes or takes the property subject to. 

For casualty or theft gains, include insurance or other 

reimbursement you received or expect to receive for each 

item. Include on this line your insurance coverage, 

whether or not you are submitting a claim for 

reimbursement.

For section 1255 property disposed of in a sale, 

exchange, or involuntary conversion, enter the amount 

realized. For section 1255 property disposed of in any 

other way, enter the FMV.

Line 21

Reduce the cost or other basis of the property by the 

amount of any enhanced oil recovery credit or disabled 

access credit. However, do not adjust the cost or other 

basis for any of the items taken into account on line 22.

Line 22

Complete the following steps to figure the amount to enter 

on line 22.

Step 1. Add amounts such as the following.

• Deductions allowed or allowable for depreciation 

(including any special depreciation allowance (see the 

Instructions for Form 4562)), amortization, depletion, or 

preproductive expenses (see Disposition of plants in 

chapter 9 of Pub. 225).

• The section 179 expense deduction.

• The commercial revitalization deduction for buildings 

placed in service before 2010.

• The downward basis adjustment under section 50(c) (or 

the corresponding provision of prior law).

• The deduction for qualified clean-fuel vehicle property 

or refueling property.

• Deductions claimed under section 190, 193, or 1253(d)

(2) or (3) (as in effect before the enactment of P.L. 

103-66).

• The basis reduction for any qualified plug-in electric or 

qualified electric vehicle credit.

Instructions for Form 4797 (2023) 9
• The basis reduction for the employer-provided childcare 

facility credit.

• Any applicable deduction for qualified energy efficient 

commercial building property. See section 179D.

• The basis reduction for the alternative motor vehicle 

credit.

• Any applicable basis reduction for the alternative fuel 

vehicle refueling property credit.

• Any applicable basis adjustment for advanced 

manufacturing investment credit property. See section 

48D(d)(5).

Step 2. From the Step 1 total, subtract amounts such as 

the following.

• Any investment credit recapture amount if the basis of 

the property was reduced in the tax year the property was 

placed in service under section 50(c)(1) (or the 

corresponding provision of prior law). See section 50(c)(2) 

(or the corresponding provision of prior law).

• Any section 179 or 280F(b)(2) recapture amount 

included in gross income in a prior tax year because the 

business use of the property decreased to 50% or less.

• Any qualified clean-fuel vehicle property or refueling 

property deduction you were required to recapture.

• Any basis increase for qualified plug-in electric or 

qualified electric vehicle credit recapture.

• Any basis increase for recapture of the 

employer-provided childcare facility credit.

• Any basis increase for recapture of the alternative motor 

vehicle credit.

• Any basis increase for recapture of the alternative fuel 

vehicle refueling property credit.

• Any qualified disaster expense recapture.

• Any applicable recapture of the advanced 

manufacturing investment credit.

For more information on amounts recaptured as 

depreciation allowed or allowable, see chapter 3 of Pub. 

544.

You may have to include depreciation allowed or 

allowable on another asset (and refigure the basis amount 

for line 21) if you use its adjusted basis in determining the 

adjusted basis of the property described on line 19.

Line 23

For section 1255 property, enter the adjusted basis of the 

section 126 property disposed of.

Line 25

Section 1245 property. Section 1245 property is 

property that is depreciable (or amortizable or treated as 

amortizable under, for example, section 181, 185 

(repealed), 197, or 1253(d)(2) or (3) (as in effect before 

the enactment of P.L. 103-66)) and is one of the following.

• Personal property.

• Elevators and escalators placed in service before 1987.

• Real property (other than property described under 

tangible real property, later) adjusted for the following.

1. Amortization of certified pollution control facilities.

2. The section 179 expense deduction.

3. Deduction for clean-fuel vehicles and certain 

refueling property.

4. Deduction for capital costs incurred in complying 

with Environmental Protection Agency sulfur regulations.

5. Deduction for certain qualified refinery property, if in 

effect before the repeal by the Tax Increase Prevention Act 

of 2014. (Repealed by P.L. 113-295, section 221(a)(34)

(A), except with regards to deductions made prior to 

December 19, 2014.)

6. Any applicable deduction for qualified energy 

efficient commercial building property. See section 179D.

7. Deduction for election to expense qualified 

advanced mine safety equipment property.

8. Amortization of railroad grading and tunnel bores if 

in effect before the repeal by the Revenue Reconciliation 

Act of 1990. (Repealed by P.L. 99-514, Tax Reform Act of 

1986, section 242(a).)

9. Certain expenditures for childcare facilities if in 

effect before the repeal by P.L. 101-508, section 11801(a)

(13). (Repealed by P.L. 101-508, Omnibus Budget 

Reconciliation Act of 1990, section 11801(a)(13), except 

with regards to deductions made prior to November 5, 

1990.)

10. Expenditures to remove architectural and 

transportation barriers to the handicapped and elderly.

11. Deduction for qualified tertiary injectant expenses.

12. Certain reforestation expenditures.

• Tangible real property (except buildings and their 

structural components) if it is used in any of the following 

ways.

1. As an integral part of manufacturing, production, or 

extraction, or of furnishing transportation, 

communications, or certain public utility services.

2. As a research facility in these activities.

3. For the bulk storage of fungible commodities 

(including commodities in a liquid or gaseous state) used 

in these activities.

• A single purpose agricultural or horticultural structure 

(as defined in section 168(i)(13)).

• A storage facility (not including a building or its 

structural components) used in connection with the 

distribution of petroleum or any primary petroleum 

product.

• Any railroad grading or tunnel bore (as defined in 

section 168(e)(4)).

Exceptions and limits. Special rules apply to the 

following.

• Gifts.

• Transfers at death.

• Certain tax-free transactions.

• Certain like-kind exchanges, involuntary conversions, 

etc.

• Property distributed by a partnership to a partner.

• Transfers to tax-exempt organizations where the 

property will be used in an unrelated business.

• Timber property.

• Dispositions of amortizable section 197 intangibles.

For more information, see section 1245(b). Also, see Pub. 

544.

10 Instructions for Form 4797 (2023)
Line 26

Section 1250 property. Section 1250 property is 

depreciable real property (other than section 1245 

property). Generally, section 1250 recapture applies if you 

used an accelerated depreciation method or you claimed 

any special depreciation allowance, or the commercial 

revitalization deduction.

Section 1250 recapture does not apply to dispositions 

of the following MACRS property placed in service after 

1986 (or after July 31, 1986, if elected). You are not 

required to calculate additional depreciation for these 

properties on line 26.

• 27.5-year (30- or 40-year, if elected or required) 

residential rental property (except for 27.5-year qualified 

New York Liberty Zone property acquired after September 

10, 2001).

• 22-, 31.5-, or 39-year (or 40-year, if elected or required) 

nonresidential real property (except for 39-year qualified 

New York Liberty Zone property acquired after September 

10, 2001, and property for which you elected to claim a 

commercial revitalization deduction).

ACRS property. Real property depreciable under ACRS 

(pre-1987 rules) is subject to recapture under section 

1245, except for the following, which are treated as 

section 1250 property.

• 15-, 18-, or 19-year real property and low-income 

housing that is residential rental property.

• 15-, 18-, or 19-year real property and low-income 

housing that is used mostly outside the United States.

• 15-, 18-, or 19-year real property and low-income 

housing for which a straight line election was made.

• Low-income rental housing described in clause (i), (ii), 

(iii), or (iv) of section 1250(a)(1)(B). See the instructions 

for line 26b, later.

Exceptions and limits. See section 1250(d) for 

exceptions and limits involving the following.

• Gifts.

• Transfers at death.

• Certain tax-free transactions.

• Certain like-kind exchanges, involuntary conversions, 

etc.

• Property distributed by a partnership to a partner.

• Disposition of qualified low-income housing.

• Transfers of property to tax-exempt organizations if the 

property will be used in an unrelated business.

• Dispositions of property as a result of foreclosure 

proceedings.

Special rules. Special rules apply in the following cases.

• For additional depreciation attributable to rehabilitation 

expenditures, see section 1250(b)(4).

• If substantial improvements have been made, see 

section 1250(f).

Line 26a

Enter the additional depreciation for the period after 1975. 

Additional depreciation is the excess of actual 

depreciation (including any special depreciation 

allowance, or commercial revitalization deduction) over 

depreciation figured using the straight line method. For 

this purpose, do not reduce the basis under section 50(c)

(1) (or the corresponding provision of prior law) to figure 

straight line depreciation. Also, if you claimed a 

commercial revitalization deduction, figure straight line 

depreciation using the property's applicable recovery 

period under section 168.

Line 26b

Generally, use 100% as the percentage for this line. 

However, for low-income rental housing described in 

clause (i), (ii), (iii), or (iv) of section 1250(a)(1)(B), see that 

section for the percentage to use.

Line 26d

Enter the additional depreciation after 1969 and before 

1976. If straight line depreciation exceeds the actual 

depreciation for the period after 1975, reduce line 26d by 

the excess. Do not enter less than zero on line 26d.

Line 26f

The amount the corporation treats as ordinary income 

under section 291 is 20% of the excess, if any, of the 

amount that would be treated as ordinary income if such 

property were section 1245 property, over the amount 

treated as ordinary income under section 1250. If the 

corporation used the straight line method of depreciation, 

the ordinary income under section 291 is 20% of the 

amount figured under section 1245.

Line 27

Partnerships skip this section. Partners must enter on the 

applicable lines of Part III amounts subject to section 1252 

according to instructions from the partnership.

You may have ordinary income on the disposition of 

certain farmland held more than 1 year but less than 10 

years.

See section 1252 to determine if there is ordinary 

income on the disposition of certain farmland for which 

deductions were allowed under section 175 (relating to 

soil and water conservation).

Gain from disposition of certain farmland is subject to 

ordinary income rules under section 1252 before the 

application of section 1231 (Part I).

Enter 100% of line 27a on line 27b except as follows.

• 80% if the farmland was disposed of within the 6th year 

after it was acquired.

• 60% if disposed of within the 7th year.

• 40% if disposed of within the 8th year.

• 20% if disposed of within the 9th year.

Skip line 27 if you dispose of such farmland during the 

10th or later year after you acquired it.

Line 28

If you had a gain on the disposition of oil, gas, or 

geothermal property placed in service before 1987, treat 

all or part of the gain as ordinary income. Include on 

line 22 of Form 4797 any depletion allowed (or allowable) 

in determining the adjusted basis of the property.

Instructions for Form 4797 (2023) 11
If you had a gain on the disposition of oil, gas, 

geothermal, or other mineral properties (section 1254 

property) placed in service after 1986, you must recapture 

all expenses that were deducted as intangible drilling 

costs, depletion, mine exploration costs, and development 

costs under sections 263, 616, and 617.

Exception. Property placed in service after 1986 and 

acquired under a written contract entered into before 

September 26, 1985, and binding at all times thereafter is 

treated as placed in service before 1987.

Note. A corporation that is an integrated oil company 

completes line 28a by treating amounts amortized under 

section 291(b)(2) as deductions under section 263(c).

Line 28a

If the property was placed in service before 1987, enter 

the total expenses after 1975 that:

• Were deducted by the taxpayer or any other person as 

intangible drilling and development costs under section 

263(c) (except previously expensed mining costs that 

were included in income upon reaching the producing 

state), and

• Would have been reflected in the adjusted basis of the 

property if they had not been deducted.

If the property was placed in service after 1986, enter 

the total expenses that:

• Were deducted under section 263, 616, or 617 by the 

taxpayer or any other person; and

• But for such deduction, would have been included in the 

basis of the property; plus

• The deduction under section 611 that reduced the 

adjusted basis of such property.

If you disposed of a portion of section 1254 property or 

an undivided interest in it, see section 1254(a)(2).

Line 29a

Use 100% if the property is disposed of less than 10 years 

after receipt of payments excluded from income. Use 

100% minus 10% for each year, or part of a year, that the 

property was held over 10 years after receipt of the 

excluded payments. Use zero if 20 years or more.

Line 29b

If any part of the gain shown on

line 24 is treated as ordinary income under sections 1231 

through 1254 (for example, section 1252), enter the 

smaller of (a) line 24 reduced by the part of the gain 

treated as ordinary income under the other provision, or 

(b) line 29a.

Part IV

Column (a)

If you took a section 179 expense deduction for property 

placed in service after 1986 (other than listed property, as 

defined in section 280F(d)(4)) and the business use of the 

property decreased to 50% or less this year, complete 

column (a) of lines 33 through 35 to figure the recapture 

amount.

Column (b)

If you have listed property that you placed in service in a 

prior year and the business use decreased to 50% or less 

this year, figure the amount to be recaptured under section 

280F(b)(2). Complete column (b), lines 33 through 35. 

See Pub. 463, Travel, Gift, and Car Expenses, for more 

details on recapture of excess depreciation.

Note. If you have more than one property subject to the 

recapture rules, figure the recapture amounts separately 

for each property. Show these calculations on a separate 

statement and attach it to your tax return.

Line 33

In column (a), enter the section 179 expense deduction 

you claimed when the property was placed in service. In 

column (b), enter the depreciation allowable on the 

property in prior tax years (plus any section 179 expense 

deduction you claimed when the property was placed in 

service).

Line 34

In column (a), enter the depreciation that would have been 

allowable on the section 179 property from the year the 

property was placed in service through (and including) the 

current year. See Pub. 946, How To Depreciate Property.

In column (b), enter the depreciation that would have 

been allowable if the property had not been used more 

than 50% in a qualified business. Figure the depreciation 

from the year it was placed in service up to (but not 

including) the current year. See Pub. 463 and Pub. 946.

Line 35

Subtract line 34 from line 33 and enter the recapture 

amount as “other income” on the same form or schedule 

on which you took the deduction. For example, if you took 

the deduction on Schedule C (Form 1040), report the 

recapture amount as other income on Schedule C (Form 

1040).

Note. If you filed Schedule C or F (Form 1040) and the 

property was used in both your trade or business and for 

the production of income, the portion of the recapture 

amount attributable to your trade or business is subject to 

self-employment tax. Allocate the amount on line 35 to the 

appropriate schedules.

Be sure to increase your basis in the property by the 

recapture amount.

12 Instructions for Form 4797 (2023)
Paperwork Reduction Act Notice. We ask for the information on this form to carry out the Internal Revenue laws of the 

United States. You are required to give us the information. We need it to ensure that you are complying with these laws 

and to allow us to figure and collect the right amount of tax.

You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act 

unless the form displays a valid OMB control number. Books or records relating to a form or its instructions must be 

retained as long as their contents may become material in the administration of any Internal Revenue law. Generally, tax 

returns and return information are confidential, as required by section 6103.

The time needed to complete and file this form will vary depending on individual circumstances. The estimated burden 

for individual taxpayers filing this form is approved under OMB control number 1545-0074 and is included in the 

estimates shown in the instructions for their individual income tax return. The estimated burden for all other taxpayers 

who file this form is shown below.

Recordkeeping ............................................................ 35 hr., 23 min.

Learning about the law or the form ............................................... 8 hr., 20 min.

Preparing and sending the form to the IRS .......................................... 9 hr., 17 min.

If you have comments concerning the accuracy of these time estimates or suggestions for making this form simpler, 

we would be happy to hear from you. See the instructions for the tax return with which this form is filed.

Instructions for Form 4797 (2023) 13