Enlarge image | Allocation of Individual Income Tax to Guam or the OMB No. 1545-0074 Form 5074 Commonwealth of the Northern Mariana Islands (CNMI) Department of the Treasury Attach to Form 1040 or 1040-SR. 2024 Attachment Internal Revenue Service Go to www.irs.gov/Form5074 for the latest information. Sequence No. 168 Name(s) shown on Form 1040 or 1040-SR Your social security number Part I Income From Guam or the CNMI Guam CNMI 1 Wages, salaries, tips, etc. . . . . . . . . . . . . . . . . . . . . 1 2 Taxable interest . . . . . . . . . . . . . . . . . . . . . . . 2 3 Ordinary dividends . . . . . . . . . . . . . . . . . . . . . . 3 4 Taxable refunds, credits, or offsets of local Guam or CNMI income taxes . . . . 4 5 Alimony received . . . . . . . . . . . . . . . . . . . . . . . 5 6 Business income or (loss) . . . . . . . . . . . . . . . . . . . . 6 7 Capital gain or (loss) . . . . . . . . . . . . . . . . . . . . . . 7 8 Other gains or (losses) . . . . . . . . . . . . . . . . . . . . . 8 9 IRA distributions (taxable amount) . . . . . . . . . . . . . . . . . 9 10 Pensions and annuities (taxable amount) . . . . . . . . . . . . . . . 10 11 Rental real estate, royalties, partnerships, S corporations, trusts, etc. . . . . . . 11 12 Farm income or (loss) . . . . . . . . . . . . . . . . . . . . . 12 13 Unemployment compensation . . . . . . . . . . . . . . . . . . 13 14 Social security benefits (taxable amount) . . . . . . . . . . . . . . . 14 15 Other income. List type and amount 15 16 Total income. Add lines 1 through 15 . . . . . . . . . . . . . . . . 16 Part II Adjustments to Income From Guam or the CNMI 17 Educator expenses . . . . . . . . . . . . . . . . . . . . . . 17 18 Certain business expenses of reservists, performing artists, and fee-basis government officials . . . . . . . . . . . . . . . . . . . . . . . . . . 18 19 Health savings account deduction . . . . . . . . . . . . . . . . . 19 20 Moving expenses for members of the armed forces . . . . . . . . . . . 20 21 Deductible part of self-employment tax . . . . . . . . . . . . . . . 21 22 Self-employed SEP, SIMPLE, and qualified plans . . . . . . . . . . . . 22 23 Self-employed health insurance deduction . . . . . . . . . . . . . . 23 24 Penalty on early withdrawal of savings . . . . . . . . . . . . . . . . 24 25 IRA deduction . . . . . . . . . . . . . . . . . . . . . . . . 25 26 Student loan interest deduction . . . . . . . . . . . . . . . . . . 26 27 Reserved for future use . . . . . . . . . . . . . . . . . . . . . 27 28 Reserved for future use . . . . . . . . . . . . . . . . . . . . . 28 29 Add lines 17 through 28 . . . . . . . . . . . . . . . . . . . . 29 30 Adjusted gross income. Subtract line 29 from line 16 . . . . . . . . . . 30 Part III Payments of Income Tax to Guam or the CNMI 31 Payments on estimated tax return filed with Guam or the CNMI . . . . . . . 31 32 Income tax withheld from your wages while employed by the U.S. Government as a civilian in Guam or the CNMI . . . . . . . . . . . . . . . . . . . 32 33 Income tax withheld from your wages while employed as a member of the U.S. Armed Forces in Guam or the CNMI . . . . . . . . . . . . . . . . . . . 33 34 Income tax withheld from your wages earned in Guam or the CNMI other than amounts on lines 31 through 33 . . . . . . . . . . . . . . . . . . 34 35 Total payments. Add lines 31 through 34 . . . . . . . . . . . . . . . 35 For Paperwork Reduction Act Notice, see the Instructions for Form 1040. Cat. No. 42243X Form 5074 (2024) |
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Enlarge image | Form 5074 (2024) Page 3 Section references are to the Internal Revenue Code unless • Were a U.S. citizen or resident; otherwise noted. • Were not a bona fide resident of Guam or the CNMI; Future Developments • Were not employed by or under contract with an individual, For the latest information about developments related to Form partnership, or corporation that is engaged in a trade or 5074 and its instructions, such as legislation enacted after they business in Guam or the CNMI; were published, go to www.irs.gov/Form5074. • Temporarily performed services in Guam or the CNMI for 90 days or less; and Instructions • Earned $3,000 or less from such services. Purpose of form. The United States and Guam or the CNMI Active duty U.S. Armed Forces. If you are a bona fide use Form 5074 to figure the individual income tax that is due to resident of Guam or the CNMI and are stationed outside your Guam or the CNMI. territory of residence, your military compensation will be Who must file. If you were a U.S. citizen or resident alien (other sourced in Guam or the CNMI, as applicable, under the than a bona fide resident of Guam or the CNMI), you may need Servicemembers Civil Relief Act (SCRA). If you are not a bona to file Form 5074. Complete this form if all of the following apply fide resident of one of those territories but perform services in to you (and to your spouse if filing a joint return). one of them, however, your military compensation will not be sourced there. For further details, see Pub. 570. • You file a U.S. income tax return. Military spouses. If you are the civilian spouse of a member • You report adjusted gross income (AGI) of $50,000 or more. of the U.S. Armed Forces, work in Guam or the CNMI, and • At least $5,000 of the gross income on your return is from retain a residence or domicile in one of the 50 states or the either Guam or CNMI sources. District of Columbia under the Military Spouses Residency Relief Joint returns. If you file jointly and only one spouse is a bona Act (MSRRA), your wages, salaries, tips, and self-employment fide resident of Guam or the CNMI for the entire tax year, the income will not be considered income from Guam or the CNMI. resident status for both spouses and subsequent tax treatment Under MSRRA, the military spouse must be in Guam or the is determined by the spouse with the higher AGI (disregarding CNMI solely to be with their servicemember spouse who is community property laws). File Form 5074 only if the spouse serving in compliance with military orders. For details on with the higher AGI is not a bona fide resident of Guam or the MSRRA, see Pub. 570. CNMI for the entire tax year. • The source of interest income is generally where the payer is Where to file. If you are not enclosing a check or money order, located. For example, Guam or CNMI source income includes file your tax return (including Form 5074) with the Department of interest from a certificate of deposit issued by a bank or branch the Treasury, Internal Revenue Service, Austin, TX 73301-0215 of a U.S. bank in Guam or the CNMI. USA. • Generally, dividends are sourced where the paying If you are including a check or money order, file your tax corporation is created or organized. return with the Internal Revenue Service, P.O. Box 1303, • Taxable refunds, credits, or offsets of local Guam or CNMI Charlotte, NC 28201-1303 USA. income taxes only include nonmirror code income taxes. Amended returns. You can e-file Form 1040-X, Amended U.S. • Alimony received from a person who is a bona fide resident of Individual Income Tax Return, using tax filing software. Go to Guam or the CNMI is sourced in that specific territory. www.irs.gov/Filing/Amended-Return-Frequently-Asked- • Except as provided in regulations, income that is from sources Questions for more information. Or, you can send your paper within the United States or effectively connected with the Form 1040-X to the IRS at the address in the Instructions for conduct of a trade or business in the United States is not Form 1040-X. income from Guam or the CNMI. Additional information. See Pub. 570, Tax Guide for Individuals • The source of gains, profits, or income from the sale or With Income From U.S. Territories, available at www.irs.gov/ disposition of real property (and any interest in real property) is Pub570. generally where the real property is located. Part I—Income From Guam or the CNMI Personal property. The source of income from the sale of Note: See Schedule 1 (Form 1040), Part I, for additional income nondepreciable personal property is generally the seller’s from Guam or the CNMI not reported on page 1 of your tax residence. For example, if you are a U.S. citizen or resident alien return. and not a bona fide resident of Guam or the CNMI, gain from Source of income. The rules for determining the source of the sale or disposition of personal property is generally treated income are explained in sections 861 through 865 and section as U.S. source. Income from the sale of inventory is generally 937, Regulations section 1.937-2, and chapter 2 of Pub. 570. sourced where the title to the property passes. However, in Some general rules are: some cases, such as when the taxpayer produces or purchases • The source of wages, salaries, or tips is generally where the the inventory within a U.S. territory, and then sells the inventory services are performed. If you worked both in and outside Guam within the United States, source is based on allocation. See or the CNMI, include on line 1 only wages, salaries, or tips section 865 for details. earned while you were in Guam or the CNMI. However, certain Part II—Adjustments to Income From Guam or the income earned while temporarily performing services in Guam CNMI or the CNMI will not be considered income from Guam or the Note: See Schedule 1 (Form 1040), Part II, for adjustments to CNMI. income from Guam or the CNMI. De minimis exception. This is an exception to the general rule for determining the source of income earned in Guam or the CNMI. Generally, income from Guam or the CNMI does not include compensation for services performed in Guam or the CNMI if during 2024 you: |
Enlarge image | Form 5074 (2024) Page 4 Line 20. For tax years beginning after December 31, 2017, and Line 29. Include in the total on line 29 the amount of any other before January 1, 2026, a moving expense deduction is only deductions included on the Archer MSA deduction line and the allowed for a member of the U.S. Armed Forces who moves Total other adjustments line of Schedule 1 (Form 1040) that are pursuant to a military order and incident to a permanent change attributable to your Guam or CNMI income. On the dotted line of station. next to line 29, enter the name and amount of each deduction Lines 21 through 23.If you had Guam or CNMI source self- attributable to your Guam or CNMI income. On line 29, enter the employment income, figure the amount to enter on each line by total amount of deductions attributable to your Guam or CNMI (1) dividing your Guam or CNMI source self-employment income income. If you or your spouse had an Archer MSA deduction on by your total (worldwide) self-employment income, and (2) Schedule 1 (Form 1040), figure the amount to report on line 29 multiplying the total amount of each deduction that applies to in the same way as you would an IRA deduction (see Line 25, you by the result in (1). earlier). Line 24. Enter the amount of penalty on early withdrawals from Line 30. This amount is your adjusted gross income. savings accounts in banks or branches of U.S. banks located in Penalty for Failure To Furnish Information Guam or the CNMI. The Form 1099-INT or Form 1099-OID you If you became or ceased to be a bona fide resident of a U.S. received will show the amount of any penalty you were charged. territory, you may be required to file Form 8898, Statement for Line 25. Enter the total of your and your spouse’s IRA Individuals Who Begin or End Bona Fide Residence in a U.S. deductions attributable to Guam or CNMI compensation or Territory. If you fail to provide the required information, you may earned income. Figure the amount to report on line 25 by (1) have to pay a $1,000 penalty for each failure unless you can dividing your Guam or CNMI compensation or earned income show the failure was due to reasonable cause and not willful by your total (worldwide) compensation or earned income, and neglect. This penalty is in addition to any criminal penalty (2) multiplying the amount of your IRA deduction by the result in provided by law. For details, see the Instructions for Form 8898. (1). Figure the amount of your spouse’s IRA deduction the same way. |