The title company will report the transaction on a 1099s as “gross proceeds” to the IRS. The seller must report the sale to reflect the substance of the transaction, which means sales price, less basis and sales costs. The $20k to Bob can clearly be justified as a “broker fee” and as part of the sales cost.
Company XYZ offers to purchase real estate from “Bob” for $80k. His offer allows him to assign the contract for a higher price to a 3rd party “Jim”. Company XYZ then assigns the contract to Jim, but for $100k, and collects a fee from Bob for $20k. This is paid from the title company, and is on the HUD statement.
Question: Is Bob liable for taxes on the extra 20k even though he never received it?