Generally, both the purchaser and seller must file Form 8594 and attach it to their income tax returns (Forms 1040, 1041, 1065, 1120, 1120-S, etc.)
Sellers usually prefer to allocate as much as possible to capital gain assets and intangibles rather than ordinary income assets, whereas buyers typically want to allocate to assets they can depreciate rapidly. Therefore, the allocation is often a negotiated component of a sales agreement.
The following tax forms are typically used when selling a business: Form 8594, Asset Acquisition Statement. Form 4797, Sales of Business Property.
Penalties. Without reasonable cause, if an IRA owner fails to file a Form 8606 when required, he/she owes a $50 penalty. Additionally, if an IRA owner overstates his/her nondeductible contribution amount on Form 8606 without reasonable cause, a $100 penalty is owed.
You may face fines if you do not file a correct Form 8594 by the due date of your return and cannot prove justifiable cause.