An instalment sale agreement between you and a credit provider allows you to buy a vehicle or asset using the principal debt, which you repay by means of regular instalments over an agreed period, with fees and interest.
An installment contract is a single contract that is completed by a series of performances–such as payments, performances of a service, or delivery of goods–rather than being performed all at one time. Installment contracts can provide that installments are to be performed by either one or both parties.
If the IRS approves an installment agreement, it will generally keep any tax refunds and apply them to your debt. If the IRS agrees to an installment agreement, it may still file a Notice of Federal Tax Lien. For more information, see Publication 594, The IRS Collection Process.
An installment sale has the following primary disadvantages: The sold assets will not receive stepped-up basis in the event of your death.
Legal Action: In many cases, when a buyer defaults on an installment sale agreement, the seller has the right to take legal action. This can involve filing a lawsuit to recover the outstanding balance, obtaining a judgment against the buyer, and potentially seizing assets to satisfy the debt.
Electing Out of the Installment Method. If you elect not to use the installment method, you generally report the entire gain in the year of sale, even though you don't receive all the sale proceeds in that year.