Userid: CPM Schema: tipx Leadpct: 100% Pt. size: 10 Draft Ok to Print AH XSL/XML Fileid: … ns/P3920/201411/A/XML/Cycle04/source (Init. & Date) _______ Page 1 of 23 14:45 - 9-Sep-2014 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Department of the Treasury Contents Internal Revenue Service Future Developments . . . . . . . . . . . . . . . . . . . . . . . 1 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Publication 3920 (Rev. September 2014) Payments to Survivors . . . . . . . . . . . . . . . . . . . . . . 2 Cat. No. 32806E September 11th Victim Compensation Fund of 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Disability Payments . . . . . . . . . . . . . . . . . . . . . . 2 Qualified Disaster Relief Payments . . . . . . . . . . . 3 Tax Relief for Death Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Payments to Survivors of Public Safety Victims of Officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Tax Forgiveness for People Who Died . . . . . . . . . . 4 Terrorist Years Eligible for Tax Forgiveness . . . . . . . . . . . . 4 Amount of Tax Forgiven . . . . . . . . . . . . . . . . . . . 5 Refund of Taxes Paid . . . . . . . . . . . . . . . . . . . . 11 Attacks How To Claim Tax Forgiveness . . . . . . . . . . . . . 11 Estate Tax Reduction . . . . . . . . . . . . . . . . . . . . . . 13 Structured Settlement Factoring Transactions . . . . . . . . . . . . . . . . . . . . . . . . . 13 Illustrated Worksheets B and C . . . . . . . . . . . . . . 13 Additional Worksheets . . . . . . . . . . . . . . . . . . . . . 16 How To Get Tax Help . . . . . . . . . . . . . . . . . . . . . . 19 Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Future Developments For the latest information about developments related to Publication 3920, such as legislation enacted after it was published, go to www.irs.gov/pub3920. Introduction This publication explains some of the provisions of the Victims of Terrorism Tax Relief Act of 2001. Under this Act, the following amounts are not included in income. (See Payments to Survivors, later, for details about the fol- lowing amounts.) Certain disability payments received in tax years end- ing after September 10, 2001, for injuries sustained in a terrorist attack. Payments from the September 11th Victim Compen- sation Fund of 2001. Qualified disaster relief payments made after Septem- ber 10, 2001, to cover personal, family, living, or fu- Get forms and other information neral expenses incurred because of a terrorist attack. faster and easier at IRS.gov Death benefits paid by an employer to the survivor of an employee if the benefits are paid because the em- ployee died as a result of a terrorist attack. Sep 09, 2014 |
Page 2 of 23 Fileid: … ns/P3920/201411/A/XML/Cycle04/source 14:45 - 9-Sep-2014 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. The Act also provides that the federal income tax liabil- Useful Items ity of those who died as a result of the following attacks is You may want to see: forgiven for certain tax years. The September 11, 2001, attacks on the World Trade Publication Center, the Pentagon, and United Airlines Flight 93 in 556 Examination of Returns, Appeal Rights, and Somerset County, Pennsylvania (September 11 at Claims for Refund tacks). 559 Survivors, Executors, and Administrators Terrorist attacks involving anthrax occurring after Sep- tember 10, 2001, and before January 1, 2002 (an Form (and Instructions) thrax attacks). 706 United States Estate (and Generation-Skipping The April 19, 1995, attack on the Alfred P. Murrah Transfer) Tax Return Federal Building (Oklahoma City attack). 1040 U.S. Individual Income Tax Return For details, see Tax Forgiveness for People Who Died, 1040NR U.S. Nonresident Alien Income Tax Return later. 1040X Amended U.S. Individual Income Tax Return Comments and suggestions. We welcome your com- ments about this publication and your suggestions for fu- 1041 U.S. Income Tax Return for Estates and Trusts ture editions. 1310 Statement of Person Claiming Refund Due a You can write to us at the following address. Deceased Taxpayer Internal Revenue Service 4506 Request for Copy of Tax Return Tax Forms and Publications Division 1111 Constitution Ave. NW, IR-6526 Washington, DC 20224 Payments to Survivors We respond to many letters by telephone. Therefore, it The following section discusses the tax treatment of cer- would be helpful if you would include your daytime phone tain amounts received by survivors of the attacks and sur- number, including the area code, in your correspondence. vivors of people who died as a result of the attacks. You can send your comments from www.irs.gov/ formspubs/. Click on “More Information” and then on “Give September 11th Victim Compensation us feedback.” Although we cannot respond individually to each com- Fund of 2001 ment received, we do appreciate your feedback and will Payments from the September 11th Victim Compensation consider your comments as we revise our tax products. Fund of 2001 are not included in income. Ordering forms and publications. Visit www.irs.gov/ formspubs/ to download forms and publications, call Disability Payments 1-800-TAX-FORM (1-800-829-3676), or write to the ad- dress below and receive a response within 10 days after For tax years ending after September 10, 2001, disability your request is received. payments (including Social Security Disability Insurance (SSDI) payments) are not included in income if they are Internal Revenue Service for injuries incurred as a direct result of a terrorist attack 1201 N. Mitsubishi Motorway (including the September 11 attacks, anthrax attacks, and Bloomington, IL 61705-6613 Oklahoma City attack) directed against the United States (or its allies). However, you must include in your income Questions about Publication 3920. If you have any disability payments you received or you would have questions about the topics covered in this publication, call received in retirement had you not become disabled as a the IRS at 18665625227 Monday through Friday during result of a terrorist attack. the following times. In English–7 a.m. to 7 p.m. local time. Disability payments you receive for injuries not In Spanish–7 a.m. to 7 p.m. local time. CAUTION! incurred as a direct result of a terrorist attack or for illnesses or diseases not resulting from an injury incur Other tax questions. If you have tax questions about red as a direct result of a terrorist attack cannot be exclu topics not covered in this publication, check the informa- ded from your income under this provision but may be ex tion available on IRS.gov or call 1-800-829-1040. cludable for other reasons. For details, see Publication 907, Tax Highlights for Persons with Disabilities. We cannot answer tax questions sent to either of the above addresses. Example. Dan, a firefighter, was disabled as a direct CAUTION! result of the September 11 terrorist attack on the World Trade Center. He began receiving Social Security Page 2 Publication 3920 (September 2014) |
Page 3 of 23 Fileid: … ns/P3920/201411/A/XML/Cycle04/source 14:45 - 9-Sep-2014 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Disability Insurance (SSDI) benefits at age 54. Dan's full corrected Forms 1099-R from his employer showing retirement age for social security retirement benefits is $12,000 of the payments he received in 2012 and $5,000 age 66. Dan's birthday is April 25. In the year Dan turned of those received in 2013, which had been reported as 66, Dan received $1,500 per month in benefits from the taxable, should have been classified as nontaxable disa- Social Security Administration. Because Dan became eli- bility payments. The policeman files a Form 1040X for gible for a full retirement benefit in May, the month after he 2012 and a separate one for 2013 asking the IRS to re- turned 66, he can exclude only four months of his annual classify the payments as nontaxable. He attaches the cor- benefit from his income ($6,000). Dan must report the re- rected Form 1099-R to each Form 1040X. He writes “Pub- maining $12,000 on Form 1040, line 20a, or Form 1040A, lication 3920” in Part III of each Form 1040X. line 14a. He also must complete the Social Security Bene- fits Worksheet in his tax return instructions to find out if When taxes are incorrectly withheld. If you receive any part of the $12,000 is taxable. SSDI payments for injuries you incurred as a direct result of a terrorist attack, you may submit Form W-4V, Volun- When nontaxable payments are reported as taxable. tary Withholding Request, to your local Social Security Contact the company or agency making the disability pay- Administration office by mail or in person to stop the with- ments if it incorrectly reported payments you received in holding of income taxes from the SSDI excluded from your the prior year as taxable income to the IRS on Form W-2, income. Wage and Tax Statement, or on Form 1099-R, Distribu- If income taxes are being incorrectly withheld from any tions From Pensions, Annuities, Retirement or Profit-Shar- other disability payments, you may submit Form W-4, Em- ing Plans, IRAs, Insurance Contracts, etc. Ask the com- ployee's Withholding Allowance Certificate, to the com- pany or agency to issue a corrected form to report some pany or agency to stop the withholding of income taxes or all of these payments as nontaxable income in box 12 from payments reported on Form W-2. You may submit (under code J) on Form W-2 or in box 1 but not in box 2a Form W-4P, Withholding Certificate for Pension or Annuity on Form 1099-R. Payments, to stop the withholding of income taxes from File Form 1040X to correct disability payments that payments reported on Form 1099-R. were incorrectly reported as taxable income on your previ- ously filed tax returns. Attach copies of the corrected Qualified Disaster Relief Payments Form W-2 or Form 1099-R. In Part III of Form 1040X, mention this publication or Internal Revenue Code section Qualified disaster relief payments are not included in in- 104(a)(5). If you are unable to obtain a corrected Form come. These payments are not subject to income tax, W-2 or Form 1099-R, mention this fact in Part III of Form self-employment tax, or employment taxes (social secur- 1040X and attach documents that support your claim that ity, Medicare, and federal unemployment taxes). No with- you received the disability payments due to injuries you holding applies to these payments. sustained as a direct result of a terrorist attack. Follow the same procedures when filing Form 1040 or Form Qualified disaster relief payments include payments 1040NR, except that you should explain on a separate you receive (regardless of the source) after September sheet of paper your inability to get a corrected Form W-2 10, 2001, for the following expenses. or Form 1099-R and attach it to the return. Reasonable and necessary personal, family, living, or If you are correcting disability payments for a decedent funeral expenses incurred as a result of a terrorist at- who is eligible for tax forgiveness (discussed later), con- tack. sider whether to request only forgiveness for all income Reasonable and necessary expenses incurred for the tax liabilities for all eligible years on Form 1040X or also repair or rehabilitation of a personal residence due to state a separate claim for refund on the same Form 1040X a terrorist attack. (A personal residence can be a ren- for the disability payments incorrectly reported as taxable ted residence or one you own.) income. The income tax forgiveness available for the de- cedent includes a minimum amount of relief of $10,000. Reasonable and necessary expenses incurred for the Accordingly, you may receive a greater total refund by repair or replacement of the contents of a personal correcting the prior reporting of disability payments sepa- residence due to a terrorist attack. rately from any request for tax forgiveness when the total Qualified disaster relief payments also include the fol- tax forgiveness benefit other than for disability payments lowing. for all eligible years is less than $10,000. Payments made by common carriers (for example, Refunds of disability payments that were incor American Airlines and United Airlines regarding the TIP rectly reported as taxable income are subject to September 11 attacks) because of death or physical the statute of limitations rules for refunds dis injury incurred as a result of a terrorist attack. cussed later under Period for filing a claim for credit or re- fund. Amounts paid by a federal, state, or local government in connection with a terrorist attack to individuals af- Example. A policeman is disabled as a direct result of fected by the attack. injuries sustained in the September 11 attack on the World Trade Center. He timely filed his Form 1040 income tax returns for 2012 and 2013. In 2014, he received Publication 3920 (September 2014) Page 3 |
Page 4 of 23 Fileid: … ns/P3920/201411/A/XML/Cycle04/source 14:45 - 9-Sep-2014 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Qualified disaster relief payments do not include: CAUTION! Tax Forgiveness for People Payments for expenses otherwise paid for by insur Who Died ance or other reimbursements, or The IRS will forgive the federal income tax liabilities of de- Income replacement payments, such as payments of cedents who died as a result of wounds or injury sus- lost wages, lost business income, or unemployment tained in the Oklahoma City or September 11 attacks or compensation. from illnesses or diseases arising from wounds or injuries sustained in these attacks. The IRS will also forgive the Death Benefits federal income tax liabilities of decedents who died as a result of illness incurred as a result of the anthrax attacks. Payments received by an individual or the estate of a de- Income tax is forgiven for these decedents whether they cedent from the employer of an employee who died as a were killed in an attack or died later as a result of an at- result of the Oklahoma City or September 11 terrorist at- tack or participating in rescue or recovery operations. Any tacks, or as a result of the anthrax attacks, are not inclu- forgiven tax liability owed to the IRS will not have to be ded in income. Only the amount that exceeds the benefits paid. Any forgiven tax liability that has already been paid that would have been payable if the death had occurred will be refunded if a claim is filed within the open refund for a reason other than a terrorist or anthrax attack is ex- period. (See Period for filing a claim for credit or refund, cludable. However, the exclusion does apply to incidental later.) To determine the amount of tax to be forgiven, read death benefits paid under a qualified retirement plan even Years Eligible for Tax Forgiveness first. Then read if these amounts would have been payable if the death Amount of Tax Forgiven. had occurred for a reason other than a terrorist or anthrax attack. Decedents whose total tax forgiveness benefit for TIP all eligible years is less than $10,000 are entitled If you included death benefits in income on a pre to $10,000 minimum relief. Even decedents who TIP viously filed return and they are now excludable were not required to file tax returns for the eligible tax under the above rule, file Form 1040X to amend years are entitled to $10,000 minimum relief. See Mini- that return. For information on the period for filing Form mum Amount of Relief, later, under Amount of Tax For- 1040X, see Period for filing a claim for credit or refund, given. later, under Years Eligible for Tax Forgiveness. Years Eligible for Tax Forgiveness Payments to Survivors of Public The following paragraphs explain which years are eligible Safety Officers for tax forgiveness. If you are a survivor of a public safety officer who died in September 11 attacks and anthrax attacks. For those the line of duty, certain amounts you receive are not inclu- who died as a result of these attacks, income tax is for- ded in income. given for 2000 and all later years up to and including the Bureau of Justice Assistance payments. If you are a year of death. However, the law allows the IRS to refund surviving dependent of a public safety officer (law en- taxes only for certain years. See Period for filing a claim forcement officer or firefighter) who died in the line of duty, for credit or refund below. do not include in your income the death benefit paid to Oklahoma City attack. For those who died from this at- you by the Bureau of Justice Assistance. tack, income tax is forgiven for 1994 and all later years up Government plan annuity. If you receive a survivor an- to and including the year of death. However, the law al- nuity as the child or spouse (or former spouse) of a public lows the IRS to refund taxes only for certain years. See safety officer who was killed in the line of duty, you gener- Period for filing a claim for credit or refund next. ally do not have to include it in income. This exclusion ap- Period for filing a claim for credit or refund. Although plies to the amount of the annuity based on the officer's income tax forgiveness applies back to 2000 for the Sep- service as a public safety officer. tember 11 and anthrax attacks and to 1994 for the Okla- For this purpose, the term public safety officer in- homa City attack, the law allows the IRS to refund taxes cludes police and law enforcement officers, firefighters, only for certain years. and rescue squad and ambulance crews. To obtain a credit or refund for a year for which the de- cedent did not file an income tax return, you must file an More information. For more information, see Publication income tax return (Form 1040 or Form 1040NR) within 3 559. years after the due date of the return (including exten- sions) or within 2 years after the date the decedent paid the tax, whichever is later. Page 4 Publication 3920 (September 2014) |
Page 5 of 23 Fileid: … ns/P3920/201411/A/XML/Cycle04/source 14:45 - 9-Sep-2014 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. To obtain a credit or refund on a previously filed income Amount of Relief. The $10,000 is treated as a tax payment tax return (an original return), you must file an amended for 2012 and will be refunded if tax forgiveness is reques- return (Form 1040X or amended Form 1041) within 3 ted by April 18, 2016. years (including extensions) from the time the return was filed or within 2 years after the time the tax was paid, Amount of Tax Forgiven whichever is later. If an original return was filed, the amount of the refund claimed on the amended return will The IRS will forgive the decedent's income tax liability as be limited to the amount of tax paid within the 3 years pre- discussed earlier under Years Eligible for Tax Forgive ceding the date on which the amended return is filed. ness. On a joint return, only the decedent's part of the joint These rules reflect the statute of limitations for refunds, income tax liability is eligible for forgiveness. and are referred to throughout this publication as the open refund period. To figure the tax to be forgiven, use the following work- If the original return was filed early (for example, on sheets. March 1 for a calendar year return), the return is consid- Use Worksheet A for any eligible year the decedent ered filed on the due date (generally April 15). However, if filed a return as single, married filing separately, head the decedent had an extension to file (for example, until of household, or qualifying widow(er). October 15) but filed the return earlier and the IRS re- Use Worksheet B for any eligible year the decedent ceived it July 1, the return is considered filed on July 1. filed a joint return. Also see the illustrated Worksheet Note. The statute of limitations for refunds can be sus- B near the end of this publication for a comprehensive pended for certain people who live in a federally declared example. disaster area or are physically or mentally unable to man- Do not complete Worksheet A or B if the dece age their financial affairs. For details, see Publication 556. TIP dent was not required to file tax returns for the eli gible tax years. Instead, complete Worksheet C Example 1. Paul, a U.S. citizen, died in August 2014 and file a return for the decedent's last tax year. See Mini- as a result of wounds he sustained as a result of the Sep- mum Amount of Relief, later. tember 11 attacks. He had income tax liabilities of $17,500 for 2011, $18,025 for 2012, and $7,000 for 2013. Prior to his death, Paul filed his tax returns and paid his Both spouses died. If both spouses died as a result of a tax due on or before April 15 each year since the Septem- terrorist attack and they filed a joint return for an eligible ber 11 attacks. The total, $42,525, plus any income tax li- tax year, fill out Worksheet B for each spouse for that ability for 2014, is eligible for tax forgiveness. His personal year. Do this to determine if each spouse qualifies for the representative must request tax forgiveness by the follow- minimum relief of $10,000 (discussed later under Mini ing dates to claim a refund of the income tax liabilities mum Amount of Relief). If you are certain that neither Paul paid for each tax year. spouse's total forgiven tax liability for all eligible years is less than $10,000, skip Worksheet B. However, attach a 2011 tax year – April 15, 2015. computation of the forgiven tax liability to the final income tax return or amended tax return for each eligible year. 2012 tax year – April 18, 2016. The forgiven tax liability is the total tax shown on the joint 2013 tax year – April 18, 2017. return minus the taxes listed in the instructions for line 4 of Worksheet B. 2014 tax year – April 17, 2018. Residents of community property states. If the dece- Although the personal representative may request income dent was domiciled in a community property state and the tax forgiveness after these dates, no refund can be paid spouse reported half the community income on a separate because 3 years will have passed from the date the origi- return, the surviving spouse can get a refund of taxes paid nal return was filed and no payments will have been made on his or her share of the decedent's income for the eligi- within the open refund period. ble years. Also, all of the decedent's income taxes paid for the eligible years will be refunded to either the executor or Example 2. A child wounded in the September 11 at- administrator of the estate, or to the surviving spouse if tacks died in 2012 as a result of those wounds and never there is no legal representative. had any income tax liability. She qualifies for the minimum relief of $10,000 as explained later under Minimum Publication 3920 (September 2014) Page 5 |
Page 6 of 23 Fileid: … ns/P3920/201411/A/XML/Cycle04/source 14:45 - 9-Sep-2014 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Worksheet A. Figuring the Tax To Be Forgiven Keep for Your Records (For Decedents Who Filed a Return as Single, Married Filing Separately, Head of Household, or Qualifying Widow(er)) (A) (B) (C) (D) First Second Third Fourth Eligible Eligible Eligible Eligible Year Year Year Year 1 Enter the years eligible for tax forgiveness. . . . . . . . . 1 2 Enter the total tax from the decedent's income tax return. See Table 1, later, for the line number. . . . . . . 2 3 Enter the following taxes, if any, shown on the decedent's income tax return. (These taxes are not eligible for forgiveness.) a Self-employment tax. . . . . . . . . . . . . . . . . . . . . . . . . . 3a b Unreported social security and Medicare tax from Forms 4137 and 8919. . . . . . . . . . . . . . . . . . . . . . . . . 3b c Tax on excess contributions to IRAs, Coverdell education savings accounts (ESAs), Archer MSAs, or health savings accounts (HSAs). . . . . . . 3c d Tax on excess accumulation in qualified retirement plans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3d e Household employment taxes. . . . . . . . . . . . . . . . . . 3e f Uncollected social security and Medicare or RRTA tax on tips or group-term life insurance. . . . . . . . . . 3f g Tax on golden parachute payments. . . . . . . . . . . . . 3g h Health care: individual responsibility. . . . . . . . . . . . 3h i Additional Medicare Tax. . . . . . . . . . . . . . . . . . . . . . 3i j Net Investment Income Tax. . . . . . . . . . . . . . . . . . . . 3j k Excise tax on insider stock compensation from an expatriated corporation. . . . . . . . . . . . . . . . . . . . . . . 3k 4 Add lines 3a through 3k. . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Tax adjustment to be reported with tax return. Subtract line 4 from line 2. . . . . . . . . . . . . . . . . . . . . . . . 5 6 Tax forgiveness benefit provided. Enter the amount from line 5 if filing your claim within 3 years from the due date of the return (including extensions). Otherwise, enter only the part of the tax from line 5 that is currently owed (not including interest and penalties) plus any payments made within the open refund period. . . . . . . . . . . . . . . . . . . . 6 Note. If the total of columns (A), (B), (C), and (D) of line 6 (including any amounts shown on line 16 of Worksheet B) is less than $10,000, also complete Worksheet C. Attach the computation of the tax to be forgiven or a copy of this worksheet to the decedent's final income tax return or amended tax return (Form 1040X) for each year listed on line 1. If filing Form 1040X for an eligible year, enter the amount from line 5 above on Form 1040X in column B of the “Total tax” line as a decrease in tax. The IRS will determine the amount to be refunded. Page 6 Publication 3920 (September 2014) |
Page 7 of 23 Fileid: … ns/P3920/201411/A/XML/Cycle04/source 14:45 - 9-Sep-2014 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Worksheet B. Figuring the Tax To Be Forgiven Keep for Your Records (For Decedents Who Filed a Joint Return) (A) (B) (C) (D) First Second Third Fourth Eligible Eligible Eligible Eligible Year Year Year Year 1 Enter the years eligible for forgiveness. . . . . . . . . . . . . . . . . . . 1 2 Enter the decedent's taxable income. Figure taxable income as if a separate return had been filed. See Lines 2 and 6 in the Worksheet B instructions. . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Enter the decedent's total tax. See Lines 3 and 7 in the Worksheet B instructions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Enter the total, if any, of the decedent's taxes not eligible for forgiveness. See Line 4 in the Worksheet B instructions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Subtract line 4 from line 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Enter the surviving spouse's taxable income. Figure taxable income as if a separate return had been filed. See Lines 2 and 6 in the Worksheet B instructions. . . . . . . . . . . . . . . . . . . . 6 7 Enter the surviving spouse's total tax. See Lines 3 and 7 in the Worksheet B instructions. . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 Enter the total, if any, of the surviving spouse's taxes listed under Line 4 in the Worksheet B instructions. . . . . . . . . . . . . . 8 9 Subtract line 8 from line 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 10 Add lines 5 and 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 11 Enter the total tax from the joint return. See Table 1, later, for the line number. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 12 Add lines 4 and 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 13 Subtract line 12 from line 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 14 Divide line 5 by line 10. Enter the result as a decimal. . . . . . . 14 15 Tax adjustment to be reported with tax return. Multiply line 13 by line 14 and enter the result. . . . . . . . . . . . . . . . . . . . . 15 16 Tax forgiveness benefit provided. Enter the amount from line 15 if filing your claim within 3 years from the due date of the return (including extensions). Otherwise, enter only the part of the tax from line 15 that is currently owed (not including interest and penalties) plus any payments made within the open refund period. . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Note. If the total of columns (A), (B), (C), and (D) of line 16 (including any amounts shown on line 6 of Worksheet A) is less than $10,000, also complete Worksheet C. Attach the computation of the tax to be forgiven or a copy of this worksheet to the decedent's final income tax return or amended tax return (Form 1040X) for each year listed on line 1. If filing Form 1040X for an eligible year, enter the amount from line 15 above on Form 1040X in column B of the “Total tax” line as a decrease in tax. The IRS will determine the amount to be refunded. Publication 3920 (September 2014) Page 7 |
Page 8 of 23 Fileid: … ns/P3920/201411/A/XML/Cycle04/source 14:45 - 9-Sep-2014 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Table 1. Total Tax Line on Decedent's Return Note: Use this table to find the total tax line on the decedent's income tax return. Enter the total tax on Worksheet A, line 2, or Worksheet B, line 11. Form 2011 2012 2013 2014 1040 Line 61 Line 61 Line 61 Line 63 1040A Line 35 Line 35 Line 35 File Form 1040 1040EZ Line 10 Line 10 Line 10 File Form 1040 1040NR Line 60 Line 60 Line 60 Line 61 1040NR-EZ Line 17 Line 17 Line 17 File Form 1040NR Instructions for Worksheet B return, allocate the credit shown on the joint return be- tween the spouses. Examples of credits generally not al- Lines 2 and 6. Allocate income and deductions in the lowed on a separate return are the child and dependent same manner they would have been allocated if the spou- care credit, credit for the elderly, adoption credit, educa- ses had filed separate returns. tion credits, and earned income credit. Income. Allocate wages and salaries to the spouse Line 4. Enter the total, if any, of the following taxes. who performed the services and received the Form W-2. Business and investment income (including capital gains) Self-employment tax. are generally allocated to the spouse who owned the busi- ness or investment that produced the income. If both Unreported social security and Medicare tax from spouses owned an interest in the business or investment, Forms 4137 and 8919. allocate the income in proportion to each spouse’s owner- Tax on excess contributions to IRAs, Coverdell edu- ship interest. Income from a jointly owned business or in- cation savings accounts (ESAs), Archer MSAs, or vestment should be allocated equally between the spou- health savings accounts (HSAs). ses unless there is evidence that shows a different Tax on excess accumulation in qualified retirement allocation is appropriate. plans. If the income (such as taxable social security benefits) is subject to special limits on a separate return, use the in- Household employment taxes. come shown on the joint return and allocate it between the Uncollected social security and Medicare or RRTA tax spouses. on tips or group-term life insurance. Deductions. Allocate personal deductions (such as Tax on golden parachute payments. itemized deductions for mortgage interest and taxes) equally between the spouses unless there is evidence Health care: individual responsibility. that shows a different allocation is appropriate. Allocate deductions related to a business or investment according Additional Medicare Tax. to the same allocation rules discussed above that apply to income. Net Investment Income Tax. If a deduction would not be allowed if separate returns Excise tax on insider stock compensation from an ex- were filed, use the deduction shown on the joint return patriated corporation. and allocate that amount between the spouses. A similar rule applies to deductions (such as the IRA deduction) Minimum Amount of Relief that are subject to special limits on a separate return. Use the deductions shown on the joint return and allocate The minimum amount of relief is $10,000. If the dece- them between the spouses. dent’s total tax forgiveness benefit for all eligible years is less than $10,000, the difference between $10,000 and Lines 3 and 7. Figure the total tax as if a separate return the total tax forgiveness benefit provided will be treated as had been filed. The total tax is the tax that would have a tax payment for the decedent's last tax year. The IRS been entered on the tax return line shown in Table 1 if a will refund the difference if the claim is filed within the separate return had been filed. When figuring the tax us- open refund period for the decedent’s last tax year as ex- ing the Tax Table or Tax Computation Worksheet, use the plained earlier under Period for filing a claim for credit or “Married filing separately” column in the Tax Table or Sec- refund. Use Worksheet C to figure the additional tax pay- tion C of the Tax Computation Worksheet. ment. But first complete Worksheet A or if the decedent B When figuring the total tax, allocate credits and other was required to file tax returns for any eligible tax years for taxes, if any, in the same manner as they would have which a tax liability is still owed to the IRS or for which the been allocated if the spouses had filed separate returns. If IRS will pay a refund of an amount already paid to the IRS. a credit would not have been allowed on a separate Page 8 Publication 3920 (September 2014) |
Page 9 of 23 Fileid: … ns/P3920/201411/A/XML/Cycle04/source 14:45 - 9-Sep-2014 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Example 1. An individual who died in January 2014 as Income received after date of death. Generally, in- a result of wounds sustained in the September 11 attacks come of the decedent received after the date of death had an income tax liability of -0- for 2011, 2012, and 2013, must be reported on Form 1041 if the estate has gross in- and $6,400 for 2014. The personal representative appoin- come for the tax year of $600 or more. Examples are the ted after his death claims forgiveness for the $6,400 with final paycheck or dividends on stock owned by the dece- the IRS in 2015. The IRS will forgive the income tax liabili- dent. However, this income is exempt from income tax ties for 2014 and treat the difference between $10,000 and is not included on Form 1041 if it is received: and the $6,400 benefit provided ($3,600) as a tax pay- After the date of the decedent's death, and ment for 2014. Before the end of the decedent's tax year (determined Example 2. An individual who died in May 2014 as a without regard to death). result of wounds sustained in the September 11 attacks had an income tax liability of -0- for 2011, 2012, and 2013, Nonqualifying income. The following income is not and $6,400 for 2014. The individual also had an outstand- exempt from tax. The tax on it is not eligible for forgive- ing income tax liability at the time of death of $3,000 for ness. 2006, not counting interest or penalties. The personal rep- Deferred compensation that would have been payable resentative appointed after death claims forgiveness for if the death had occurred because of an event other the $3,000 and $6,400 ($9,400) with the IRS in 2015. The than these attacks. IRS will forgive the income tax liabilities for 2006 and 2014 and treat the difference between $10,000 and the $9,400 Amounts that would not have been payable but for an benefit provided ($600) as a tax payment for 2014. action taken after September 11, 2001. The following are examples of nonqualifying income. Example 3. A child who died in August 2014 as a re- sult of wounds sustained in the September 11 attacks had Amounts payable from a qualified retirement plan or no (-0-) income tax liability for 2011, 2012, 2013, or 2014. IRA to the beneficiary or estate of the decedent. The IRS will treat $10,000 as a tax payment for 2014 and Amounts payable only as death or survivor's benefits will refund $10,000 if a claim is filed within the open refund from pre-existing arrangements that would have been period. paid if the death had occurred for another reason. Example 4. An individual who died in August 2014 as Income received as a result of adjustments made by a result of wounds sustained in the September 11 attacks the decedent's employer to a plan or arrangement to had income tax liabilities of $17,500 for 2011, $18,025 for accelerate the vesting of restricted property or the 2012, and $7,000 for 2013. Prior to his death, he filed his payment of nonqualified deferred compensation after tax returns and paid his tax due on or before April 15 each the date of the attack. year since the September 11 attacks. The personal repre- Interest on savings bonds cashed by the beneficiary sentative appointed after his death filed no income tax re- of the decedent. turns or claims for him until July 2017 when she filed the decedent’s 2014 income tax return showing $4,800 in tax If you are responsible for the estate of a dece liability. The IRS will forgive the income tax liabilities for TIP dent, see Publication 559. Publication 559 dis 2014. Because the open refund period for all tax years cusses how to complete and file federal income prior to 2014 expired on April 18, 2017, the IRS will treat tax returns and explains your responsibility to pay any the difference between $10,000 and the $4,800 benefit taxes due. provided ($5,200) as a tax payment for 2014. Publication 3920 (September 2014) Page 9 |
Page 10 of 23 Fileid: … ns/P3920/201411/A/XML/Cycle04/source 14:45 - 9-Sep-2014 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Worksheet C. Amount Treated as Tax Payment for Decedent's Last Tax Year Keep for Your Records Caution: The decedent is entitled to minimum relief of $10,000. Complete this worksheet only if the total tax forgiveness benefit provided for all eligible years is less than $10,000. 1 Minimum relief amount. Note: Before completing lines 2–9, see Instructions for lines 2–9 of Worksheet C. . . . . . . . . . . . . . . 1 $10,000 2 Enter the taxable income from Form 1041, line 22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Enter the distribution deduction from Form 1041, line 18. . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Add lines 2 and 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Enter exempt income received after death minus expenses allocable to exempt income. (See Income received after date of death, earlier.) . . . . . . . . . . . . . . . . . . . . . . 5 6 Add lines 4 and 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7 Figure the tax on line 6 using Form 1041, Schedule G. . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 Figure the tax on line 4 using Form 1041, Schedule G. . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9 Tax on exempt income. Subtract line 8 from line 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 10 Enter the total of columns (A)–(D) from line 6 of Worksheet A or line 16 of Worksheet B. If the decedent was not required to file tax returns for the eligible tax years, enter -0-. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 11 Add lines 9 and 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 12 Additional payment allowed. If line 11 is $10,000 or more, enter -0- and stop here. No additional amount is allowed as a tax payment. Otherwise, subtract line 11 from line 1 and enter the result. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Note. The amount on line 12 is allowed as a tax payment for the decedent's last tax year. Attach the computation of the additional payment allowed or a copy of this worksheet to the original or amended income tax return for the decedent's last tax year. If filing Form 1040, include the amount from line 12 above on the “Credits from Form” line in the “Payments” section of Form 1040, page 2. Write “Sec. 692(d)(2) Payment” and the amount to the right of the entry space. Also indicate whether a Form 1041 is being filed for the decedent's estate. If filing Form 1040X, include the amount from line 12 above on Form 1040X on the “Refundable credits from” line, columns (B) and (C). Check the box next to “other (specify)” and write “Sec. 692(d)(2) Payment” on the blank line. Instructions for lines 2–9 of Worksheet C. The tax You have to use lines 2–9 (or the alternative computa- that would have been payable on the exempt income (dis- tion) to figure the tax that would have been payable even if cussed earlier) must be considered when determining Form 1041 was not required to be filed. Use Form 1041 to whether a decedent is entitled to the $10,000 minimum re- figure what the taxable income would be without including lief. To figure the tax that would have been payable, you the exempt income. Then enter that taxable income (even can use lines 2 through 9 of Worksheet C. Or, if special if a negative number) on line 2 of Worksheet C (or line 1 of requirements are met, you can use the alternative compu- Worksheet D. Alternative Computation of Tax on Exempt tation instead. See Alternative computation, later. Income (Line 9 of Worksheet C)). Page 10 Publication 3920 (September 2014) |
Page 11 of 23 Fileid: … ns/P3920/201411/A/XML/Cycle04/source 14:45 - 9-Sep-2014 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Worksheet D. Alternative Computation of Tax on Exempt Income (Line 9 of Worksheet C) Keep for Your Records 1 Enter the taxable income from Form 1041, line 22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 Enter exempt income received after death minus expenses allocable to exempt income. (See Income received after date of death, earlier.) . . . . . . . . . . . . . . . . . . . . . . 2 3 Add lines 1 and 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Figure the tax on line 3 using Form 1041, Schedule G. . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Figure the tax on line 1 using Form 1041, Schedule G. . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Estate's tax on exempt income. Subtract line 5 from line 4. . . . . . . . . . . . . . . . . . . . . 6 7 Beneficiaries' tax on exempt income. Figure the total tax that would have been payable by all beneficiaries. Do this by including in each beneficiary's gross income the exempt income received from the decedent's estate and refiguring the income tax. Add the amounts by which each beneficiary's income tax is increased. . . . . . . . . 7 8 Add lines 6 and 7. Enter this amount on line 9 of Worksheet C. . . . . . . . . . . . . . . . . . . . 8 Alternative computation. Instead of using lines 2–8 2011, $18,025 for 2012, $7,000 for 2013, and $4,800 for of Worksheet C to figure the tax on exempt income (line 9 2014. The total, $47,325, is eligible for tax forgiveness. of Worksheet C), you may be able to use Worksheet D. However, he paid only $38,100 of that amount. The IRS You can use Worksheet D to figure the tax on the exempt will refund no more than the $38,100 paid. income payable by the estate and its beneficiaries only if both of the following requirements are met. Example 2. A child who died in 2014 as a result of wounds sustained in the September 11 attacks never had 1. The estate claimed an income distribution deduction any income tax liability. The child qualifies for the mini- on Form 1041, line 18. mum relief of $10,000. The IRS will treat $10,000 as a tax 2. Each beneficiary submits the information necessary payment for 2014 and will refund $10,000 if a claim is filed to refigure the income tax payable on the exempt in- within the open refund period. come received from the decedent's estate. The law allows the IRS to refund taxes only for If requirement (2) is met but requirement (1) is not, you ! certain years. See Years Eligible for Tax Forgive- can still use Worksheet D if: CAUTION ness, earlier. Form 1041 was not required because exempt income was received, and How To Claim Tax Forgiveness The estate would have claimed an income distribution deduction if the exempt income were taxable. Use the following procedures to claim income tax forgive- ness. If you use this alternative computation, skip lines 2–8 of Worksheet C and enter the amount from line 8 of Work- Which Form To Use sheet D on line 9 of Worksheet C. Complete the rest of Worksheet C to determine the additional payment al- The form you use depends on whether an income tax re- lowed. turn for the eligible year was already filed for the dece- dent. Refund of Taxes Paid Return required but not yet filed. File a paper Form The IRS will refund the following amounts. 1040 if the decedent was a U.S. citizen or resident. File a paper Form 1040NR if the decedent was a nonresident 1. Forgiven income tax liabilities that have been paid alien. A nonresident alien is someone who is not a U.S. during the open refund period for the decedent’s last citizen or resident. tax year. See Period for filing a claim for credit or re fund, earlier. Return required and already filed. File a separate pa- 2. The excess of $10,000 over the total tax forgiveness per Form 1040X for each year you are claiming tax relief. benefit provided for all eligible years if a claim is filed Return not required and not filed. File a paper Form within the open refund period for the decedent’s last 1040 only for the year of death if the decedent was a U.S. tax year. See Minimum Amount of Relief, earlier. citizen or resident. File a paper Form 1040NR if the dece- Example 1. A first responder who died in August 2014 dent was a nonresident alien. from a cancer on the List of World Trade Center Return not required but already filed. File a paper (WTC)-Related Health Conditions covered in the WTC Form 1040X only for the year of death. Health Program had an income tax liability of $17,500 for Publication 3920 (September 2014) Page 11 |
Page 12 of 23 Fileid: … ns/P3920/201411/A/XML/Cycle04/source 14:45 - 9-Sep-2014 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. How to complete the returns. Fill out Form 1040 or Form 1310. You must send Form 1310 with all returns 1040NR according to its instructions but do not reduce and claims for refund, unless either of the following ap- the decedent's tax liability by any taxes that will be for- plies. given. Attach to each return a computation of the income You are a surviving spouse filing an original or amen- tax to be forgiven or a copy of Worksheet A or . If filing B ded joint return with the decedent. Form 1040 or Form 1040NR, also attach any Forms W-2. If the total tax forgiveness benefit provided for all eligible You are a personal representative filing an original years is less than $10,000, attach to the decedent's final Form 1040 or Form 1040NR for the decedent and a return a computation of the additional tax payment al- court certificate showing your appointment is attached lowed or a copy of Worksheet C. to the return. A personal representative is an executor or administrator Also, please write one of the following across the top of of a decedent's estate, as certified or appointed by the page 1 of each return. court. A copy of the decedent's will cannot be accepted as KITA—Oklahoma City evidence that you are the personal representative. KITA—9/11 If you have proof of death but do not have TIP enough tax information to file a timely claim for a KITA—Anthrax refund, file Form 1040X with Form 1310. Include a statement saying an amended return will be filed as “KITA” means “killed in terrorist attack.” soon as the necessary tax information is available. Need a copy of a previously filed return? You will find it easier to prepare Form 1040X if you have a copy of Where To File the decedent's previously filed tax return. If you need a copy, use Form 4506. The IRS will provide a free copy of The IRS has set up a special office for processing returns the tax return if you write “DISASTER” in the top margin of and claims for tax forgiveness. Form 4506. Attach Letters Testamentary or other evi- dence to establish that you are authorized to act for the File these returns and claims at the following address. decedent's estate. Send Form 4506 to the address shown in the form instructions. Internal Revenue Service 333 W. Pershing, Stop 6503, P5 Taxpayer identification number. A taxpayer identifica- Kansas City, MO 64108 tion number must be furnished on the decedent's returns. This is usually the decedent's social security number Do not send these returns or claims to any of the (SSN). However, a nonresident alien who is not eligible to addresses shown in the tax form instructions. get an SSN should have an individual taxpayer identifica- CAUTION! tion number (ITIN). If the decedent was a nonresident alien, had neither an SSN nor an ITIN, and was not re- Private delivery services. Instead of using U.S. mail, quired to file a U.S. income tax return for any tax year, do you can use certain private delivery services designated not apply for an ITIN. You may claim a refund by filing by the IRS to meet the “timely mailing as timely filing/ Form 1040NR without an SSN or ITIN. paying” rule for tax returns and payments. These private delivery services include only the following. Necessary Documents DHL Express (DHL): DHL “Same Day” Service. Please attach the following documents to the return or Federal Express (FedEx): FedEx Priority Overnight, amended return. FedEx Standard Overnight, FedEx 2Day, FedEx Inter- national Priority, and FedEx International First. Proof of death. Attach a copy of the death certificate. Also attach proof that the death was caused by wounds or United Parcel Service (UPS): UPS Next Day Air, UPS injury sustained in the Oklahoma City or September 11 at- Next Day Air Saver, UPS 2nd Day Air, UPS 2nd Day tacks or their rescue or recovery operations or by an ill- Air A.M., UPS Worldwide Express Plus, and UPS ness or disease arising from wounds or injury sustained Worldwide Express. during one of these attacks or their rescue or recovery op- The private delivery service can tell you how to get written erations or by an illness incurred as a result of the anthrax proof of the mailing date. attacks. You may show the cause of death from the death For updates to the list of designated private delivery certificate (if stated) or by attaching a letter from the treat- services, go to IRS.gov and enter “private delivery serv- ing physician, medical examiner, or hospital that explains ice” in the search box. the cause of death. If the Department of Defense issued DD Form 1300, Report of Casualty, you can attach that form instead of the death certificate. Page 12 Publication 3920 (September 2014) |
Page 13 of 23 Fileid: … ns/P3920/201411/A/XML/Cycle04/source 14:45 - 9-Sep-2014 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. The excise tax is figured on the excess of the undiscoun- ted amount of the payments being acquired over the total Estate Tax Reduction amount actually paid to acquire them. However, this tax will not apply to transactions entered into from February The federal estate tax is reduced for taxable estates of in- 22, 2002, to July 1, 2002, if certain requirements are met. dividuals who died as a result of the Oklahoma City at- For information about these requirements, see Internal tack, the September 11 attacks, and the anthrax attacks. Revenue Code section 5891. The estate tax is figured using the rate schedule on page 25 of the November 2001 revision of the Instructions for Form 706. The estate tax is reduced by credits against the estate tax, including the unified credit and the state Illustrated Worksheets B and C death tax credit. These credits may reduce or eliminate the estate tax due. Sarah's husband Clifton died in June 2014 as a result of injuries sustained in the September 11 attack on the Recovery from the September 11th Victim Compen World Trade Center. They filed joint returns and paid the sation Fund. The value of claims for a decedent's pain tax due on or before April 15 each year since the Septem- and suffering is normally included in the gross estate. ber 11 attacks until Clifton’s death. Sarah chose to file a However, if the estate chooses to seek recovery from this joint return as a surviving spouse for 2014. The returns for fund, the IRS has determined that, in view of the unique 2011, 2012, 2013, and 2014 showed the following in- circumstances of this situation and the high likelihood that come, deductions, and tax liabilities. such claims will be valued at a nominal or zero amount, the claims will be valued at zero for estate tax purposes. 2011 2012 2013 2014 Thus, there are no federal estate tax consequences if an Wages (Sarah). . . . . . . . $40,000 $40,500 $40,500 $41,000 estate or beneficiary receives a recovery from this fund. Net profit from Schedule C, Profit or Loss From Which estates must file a return. For decedents dying Business (Clifton). . . . . . 25,000 25,200 26,000 26,000 in 2014, Form 706 must be filed by the executor for the Interest income (joint estate of every U.S. citizen or resident whose gross es- account). . . . . . . . . . . . 500 550 650 650 tate, plus adjusted taxable gifts and specific exemption, is Deductible portion of more than $5,340,000; or whose executor elects to trans- self-employment tax fer the Deceased Spousal Unused Exclusion (DSUE) (Clifton). . . . . . . . . . . . . (1,766) (1,780) (1,837) (1,837) amount to the surviving spouse, regardless of the size of the decedent's gross estate. Form 706 must be filed within Standard deduction. . . . . (11,600) (11,900) (12,200) (12,400) 9 months after the date of decedent's death unless you re- Personal exemptions (2). . (7,400) (7,600) (7,800) (7,900) ceive an extension of time to file. Use Form 4768, Applica- Taxable income . . . . . . $44,734 $44,970 $45,313 $45,513 tion for Extension of Time To File a Return and/or Pay Joint income tax liability. . . $5,859 $5,876 $5,906 $5,921 U.S. Estate (and Generation-Skipping Transfer) Taxes, to Plus: Self-employment tax apply for an extension. (Clifton). . . . . . . . . . . . . 3,071 3,095 3,674 3,674 Total tax liability. . . . . . $8,930 $8,971 $9,580 $9,595 Where to file. Returns on which the special rate sched- ule on page 25 of the November 2001 revision of the In- After Clifton died, his estate received income of $4,000. structions for Form 706 is used should be sent to the fol- Of that amount, $1,000 is net profit from Schedule C re- lowing address. ceived before the end of 2014. This net profit is exempt Department of the Treasury from income tax as explained earlier under Income re Internal Revenue Service Center ceived after date of death. Sarah files Form 1041 because Cincinnati, OH 45999 the gross income of the estate for the tax year ($3,000) is $600 or more. More information. For more information on the federal To determine how much of Clifton's tax liability for estate tax, see the Instructions for Form 706. 2011, 2012, 2013, and 2014 is to be forgiven, Sarah com- pletes Worksheet B. She also completes Worksheet C be- cause the forgiven tax liabilities for 2011, 2012, 2013, and Structured Settlement 2014 (line 16 of Worksheet B) total less than $10,000. To claim tax relief for 2011, 2012, and 2013, Sarah files Factoring Transactions Form 1040X and attaches a copy of Worksheet B. To claim tax relief for 2014, she files Form 1040 and attaches A person who acquires payment rights in a structured set- copies of Worksheets B and C. tlement arrangement after February 21, 2002, may be subject to a 40% excise tax unless the transfer of the pay- ment rights was approved in advance in a qualified order. Publication 3920 (September 2014) Page 13 |
Page 14 of 23 Fileid: … ns/P3920/201411/A/XML/Cycle04/source 14:45 - 9-Sep-2014 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Worksheet B Illustrated. Figuring the Tax To Be Forgiven Keep for Your Records (For Decedents Who Filed a Joint Return) (A) (B) (C) (D) First Second Third Fourth Eligible Eligible Eligible Eligible Year Year Year Year 1 Enter the years eligible for forgiveness. . . . . . . . . . . . . . . . . . 1 2011 2012 2013 2014 2 Enter the decedent's taxable income. Figure taxable income as if a separate return had been filed. See Lines 2 and 6 in the Worksheet B instructions. . . . . . . . . . . . . . . . . . . 2 $13,984 $13,945 $14,488 $14,338 3 Enter the decedent's total tax. See Lines 3 and 7 in the Worksheet B instructions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4,742 4,749 5,399 5,369 4 Enter the total, if any, of the decedent's taxes not eligible for forgiveness. See Line 4 in the Worksheet B instructions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3,071 3,095 3,674 3,674 5 Subtract line 4 from line 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1,671 1,654 1,725 1,695 6 Enter the surviving spouse's taxable income. Figure taxable income as if a separate return had been filed. See Lines 2 and 6 in the Worksheet B instructions. . . . . . . . . . . . . . . . . . . 6 30,750 31,025 30,825 31,175 7 Enter the surviving spouse's total tax. See Lines 3 and 7 in the Worksheet B instructions. . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4,191 4,219 4,178 4,223 8 Enter the total, if any, of the surviving spouse's taxes listed under Line 4 in the Worksheet B instructions. . . . . . . . . . . . . 8 -0- -0- -0- -0- 9 Subtract line 8 from line 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4,191 4,219 4,178 4,223 10 Add lines 5 and 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 5,862 5,873 5,903 5,918 11 Enter the total tax from the joint return. See Table 1, earlier, for the line number. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 8,930 8,971 9,580 9,595 12 Add lines 4 and 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 3,071 3,095 3,674 3,674 13 Subtract line 12 from line 11. . . . . . . . . . . . . . . . . . . . . . . . . . . 13 5,859 5,876 5,906 5,921 14 Divide line 5 by line 10. Enter the result as a decimal. . . . . . 14 .285 .282 .292 .286 15 Tax adjustment to be reported with tax return. Multiply line 13 by line 14 and enter the result. . . . . . . . . . . . . . . . . . . . 15 $1,670 $1,657 $1,725 $1,693 16 Tax forgiveness benefit provided. Enter the amount from line 15 if filing your claim within 3 years from the due date of the return (including extensions). Otherwise, enter only the part of the tax from line 15 that is currently owed (not including interest and penalties) plus any payments made within the open refund period. . . . . . . . . . . . . . . . . . . . . . . . . . 16 $1,670 $1,657 $1,725 $1,693 Note. If the total of columns (A), (B), (C), and (D) of line 16 (including any amounts shown on line 6 of Worksheet A) is less than $10,000, also complete Worksheet C. Attach the computation of the tax to be forgiven or a copy of this worksheet to the decedent's final income tax return or amended tax return (Form 1040X) for each year listed on line 1. If filing Form 1040X for an eligible year, enter the amount from line 15 above on Form 1040X in column B of the “Total tax” line as a decrease in tax. The IRS will determine the amount to be refunded. Page 14 Publication 3920 (September 2014) |
Page 15 of 23 Fileid: … ns/P3920/201411/A/XML/Cycle04/source 14:45 - 9-Sep-2014 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Worksheet C Illustrated. Amount Treated as Tax Payment for Decedent's Last Tax Year Keep for Your Records Caution: The decedent is entitled to minimum relief of $10,000. Complete this worksheet only if the total tax forgiveness benefit provided for all eligible years is less than $10,000. 1 Minimum relief amount. Note: Before completing lines 2–9, see Instructions for lines 2–9 of Worksheet C. . . . . . . . . . . . . . . 1 $10,000 2 Enter the taxable income from Form 1041, line 22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2,400 3 Enter the distribution deduction from Form 1041, line 18. . . . . . . . . . . . . . . . . . . . . . . . 3 -0- 4 Add lines 2 and 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2,400 5 Enter exempt income received after death minus expenses allocable to exempt income. (See Income received after date of death, earlier.) . . . . . . . . . . . . . . . . . . . . . 5 1,000 6 Add lines 4 and 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3,400 7 Figure the tax on line 6 using Form 1041, Schedule G. . . . . . . . . . . . . . . . . . . . . . . . . . 7 600 8 Figure the tax on line 4 using Form 1041, Schedule G. . . . . . . . . . . . . . . . . . . . . . . . . . 8 360 9 Tax on exempt income. Subtract line 8 from line 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 240 10 Enter the total of columns (A)–(D) from line 6 of Worksheet A or line 16 of Worksheet B. If the decedent was not required to file tax returns for the eligible tax years, enter -0-. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 6,745 11 Add lines 9 and 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 $6,985 12 Additional payment allowed. If line 11 is $10,000 or more, enter -0- and stop here. No additional amount is allowed as a tax payment. Otherwise, subtract line 11 from line 1 and enter the result. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 $3,015 Note. The amount on line 12 is allowed as a tax payment for the decedent's last tax year. Attach the computation of the additional payment allowed or a copy of this worksheet to the original or amended income tax return for the decedent's last tax year. If filing Form 1040, include the amount from line 12 above on the “Credits from Form” line in the “Payments” section of Form 1040, page 2. Write “Sec. 692(d)(2) Payment” and the amount to the right of the entry space. Also indicate whether a Form 1041 is being filed for the decedent's estate. If filing Form 1040X, include the amount from line 12 above on Form 1040X on the “Refundable credits from” line, columns (B) and (C). Check the box next to “other (specify)” and write “Sec. 692(d)(2) Payment” on the blank line. Publication 3920 (September 2014) Page 15 |
Page 16 of 23 Fileid: … ns/P3920/201411/A/XML/Cycle04/source 14:45 - 9-Sep-2014 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Additional Worksheets The following additional worksheets are provided for your convenience. Worksheet A. Figuring the Tax To Be Forgiven Keep for Your Records (For Decedents Who Filed a Return as Single, Married Filing Separately, Head of Household, or Qualifying Widow(er)) (A) (B) (C) (D) First Second Third Fourth Eligible Eligible Eligible Eligible Year Year Year Year 1 Enter the years eligible for tax forgiveness. . . . . . . . . . . 1 2 Enter the total tax from the decedent's income tax return. See Table 1, earlier, for the line number. . . . . . . 2 3 Enter the following taxes, if any, shown on the decedent's income tax return. (These taxes are not eligible for forgiveness.) a Self-employment tax. . . . . . . . . . . . . . . . . . . . . . . . . . . 3a b Unreported social security and Medicare tax from Forms 4137 and 8919. . . . . . . . . . . . . . . . . . . . . . . . . . 3b c Tax on excess contributions to IRAs, Coverdell education savings accounts (ESAs), Archer MSAs, or health savings accounts (HSAs). . . . . . . . . . . . . . . 3c d Tax on excess accumulation in qualified retirement plans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3d e Household employment taxes. . . . . . . . . . . . . . . . . . . 3e f Uncollected social security and Medicare or RRTA tax on tips or group-term life insurance. . . . . . . . . . . . 3f g Tax on golden parachute payments. . . . . . . . . . . . . . 3g h Health care: individual responsibility. . . . . . . . . . . . . . 3h i Additional Medicare Tax. . . . . . . . . . . . . . . . . . . . . . . . 3i j Net Investment Income Tax. . . . . . . . . . . . . . . . . . . . . 3j k Excise tax on insider stock compensation from an expatriated corporation. . . . . . . . . . . . . . . . . . . . . . . . . 3k 4 Add lines 3a through 3k. . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Tax adjustment to be reported with tax return. Subtract line 4 from line 2. . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Tax forgiveness benefit provided. Enter the amount from line 5 if filing your claim within 3 years from the due date of the return (including extensions). Otherwise, enter only the part of the tax from line 5 that is currently owed (not including interest and penalties) plus any payments made within the open refund period. . . . . . . . 6 Note. If the total of columns (A), (B), (C), and (D) of line 6 (including any amounts shown on line 16 of Worksheet B) is less than $10,000, also complete Worksheet C. Attach the computation of the tax to be forgiven or a copy of this worksheet to the decedent's final income tax return or amended tax return (Form 1040X) for each year listed on line 1. If filing Form 1040X for an eligible year, enter the amount from line 5 above on Form 1040X in column B of the “Total tax” line as a decrease in tax. The IRS will determine the amount to be refunded. Page 16 Publication 3920 (September 2014) |
Page 17 of 23 Fileid: … ns/P3920/201411/A/XML/Cycle04/source 14:45 - 9-Sep-2014 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Worksheet B. Figuring the Tax To Be Forgiven Keep for Your Records (For Decedents Who Filed a Joint Return) (A) (B) (C) (D) First Second Third Fourth Eligible Eligible Eligible Eligible Year Year Year Year 1 Enter the years eligible for forgiveness. . . . . . . . . . . . . . . . . . . 1 2 Enter the decedent's taxable income. Figure taxable income as if a separate return had been filed. See Lines 2 and 6 in the Worksheet B instructions. . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Enter the decedent's total tax. See Lines 3 and 7 in the Worksheet B instructions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Enter the total, if any, of the decedent's taxes not eligible for forgiveness. See Line 4 in the Worksheet B instructions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Subtract line 4 from line 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Enter the surviving spouse's taxable income. Figure taxable income as if a separate return had been filed. See Lines 2 and 6 in the Worksheet B instructions. . . . . . . . . . . . . . . . . . . . 6 7 Enter the surviving spouse's total tax. See Lines 3 and 7 in the Worksheet B instructions. . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 Enter the total, if any, of the surviving spouse's taxes listed under Line 4 in the Worksheet B instructions. . . . . . . . . . . . . . 8 9 Subtract line 8 from line 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 10 Add lines 5 and 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 11 Enter the total tax from the joint return. See Table 1, earlier, for the line number. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 12 Add lines 4 and 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 13 Subtract line 12 from line 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 14 Divide line 5 by line 10. Enter the result as a decimal. . . . . . . 14 15 Tax adjustment to be reported with tax return. Multiply line 13 by line 14 and enter the result. . . . . . . . . . . . . . . . . . . . . 15 16 Tax forgiveness benefit provided. Enter the amount from line 15 if filing your claim within 3 years from the due date of the return (including extensions). Otherwise, enter only the part of the tax from line 15 that is currently owed (not including interest and penalties) plus any payments made within the open refund period. . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Note. If the total of columns (A), (B), (C), and (D) of line 16 (including any amounts shown on line 6 of Worksheet A) is less than $10,000, also complete Worksheet C. Attach the computation of the tax to be forgiven or a copy of this worksheet to the decedent's final income tax return or amended tax return (Form 1040X) for each year listed on line 1. If filing Form 1040X for an eligible year, enter the amount from line 15 above on Form 1040X in column B of the “Total tax” line as a decrease in tax. The IRS will determine the amount to be refunded. Publication 3920 (September 2014) Page 17 |
Page 18 of 23 Fileid: … ns/P3920/201411/A/XML/Cycle04/source 14:45 - 9-Sep-2014 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Worksheet C. Amount Treated as Tax Payment for Decedent's Last Tax Year Keep for Your Records Caution: The decedent is entitled to minimum relief of $10,000. Complete this worksheet only if the total tax forgiveness benefit provided for all eligible years is less than $10,000. 1 Minimum relief amount. Note: Before completing lines 2–9, see Instructions for lines 2–9 of Worksheet C. . . . . . . . . . . . . . . 1 $10,000 2 Enter the taxable income from Form 1041, line 22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Enter the distribution deduction from Form 1041, line 18. . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Add lines 2 and 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Enter exempt income received after death minus expenses allocable to exempt income. (See Income received after date of death, earlier.) . . . . . . . . . . . . . . . . . . . . . . 5 6 Add lines 4 and 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7 Figure the tax on line 6 using Form 1041, Schedule G. . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 Figure the tax on line 4 using Form 1041, Schedule G. . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9 Tax on exempt income. Subtract line 8 from line 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 10 Enter the total of columns (A)–(D) from line 6 of Worksheet A or line 16 of Worksheet B. If the decedent was not required to file tax returns for the eligible tax years, enter -0-. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 11 Add lines 9 and 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 12 Additional payment allowed. If line 11 is $10,000 or more, enter -0- and stop here. No additional amount is allowed as a tax payment. Otherwise, subtract line 11 from line 1 and enter the result. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Note. The amount on line 12 is allowed as a tax payment for the decedent's last tax year. Attach the computation of the additional payment allowed or a copy of this worksheet to the original or amended income tax return for the decedent's last tax year. If filing Form 1040, include the amount from line 12 above on the “Credits from Form” line in the “Payments” section of Form 1040, page 2. Write “Sec. 692(d)(2) Payment” and the amount to the right of the entry space. Also indicate whether a Form 1041 is being filed for the decedent's estate. If filing Form 1040X, include the amount from line 12 above on Form 1040X on the “Refundable credits from” line, columns (B) and (C). Check the box next to “other (specify)” and write “Sec. 692(d)(2) Payment” on the blank line. Page 18 Publication 3920 (September 2014) |
Page 19 of 23 Fileid: … ns/P3920/201411/A/XML/Cycle04/source 14:45 - 9-Sep-2014 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. federal tax news, including information about tax law changes and important IRS programs. How To Get Tax Help Check the status of your 2014 refund with the Where's Special IRS assistance. The IRS is providing special My Refund? application on IRS.gov or download the help for those affected by the terrorist attacks, as well as IRS2Go app and select the Refund Status option. The survivors and personal representatives of the victims. We IRS issues more than 9 out of 10 refunds in less than have set up a special toll-free number for people who may 21 days. Using these applications, you can start have trouble filing or paying their taxes because they were checking on the status of your return within 24 hours affected by the terrorist attacks, or who have other tax is- after we receive your e-filed return or 4 weeks after sues related to the attacks. you mail a paper return. You will also be given a per- sonalized refund date as soon as the IRS processes Call 18665625227 your tax return and approves your refund. The IRS up- Monday through Friday dates Where's My Refund? every 24 hours, usually In English–7 a.m. to 7 p.m. local time overnight, so you only need to check once a day. In Spanish–7 a.m. to 7 p.m. local time Use the Interactive Tax Assistant (ITA) to research your tax questions. No need to wait on the phone or The IRS web site at www.irs.gov has notices and other stand in line. The ITA is available 24 hours a day, 7 tax relief information. Check it periodically for any new days a week, and provides you with a variety of tax in- guidance or to see if Congress has enacted new legisla- formation related to general filing topics, deductions, tion. credits, and income. When you reach the response For current information on federally declared disaster screen, you can print the entire interview and the final areas, check the Federal Emergency Management response for your records. New subject areas are Agency Web site at www.fema.gov. added on a regular basis. Whether it's help with a tax issue, preparing your tax re- Answers not provided through ITA may be found in turn or a need for a free publication or form, get the help Tax Trails, one of the Tax Topics on IRS.gov which you need the way you want it: online, use a smart phone, contain general individual and business tax informa- call or walk in to an IRS office or volunteer site near you. tion or by searching the IRS Tax Map, which includes an international subject index. You can use the IRS Free help with your tax return. You can get free help Tax Map, to search publications and instructions by preparing your return nationwide from IRS-certified volun- topic or keyword. The IRS Tax Map integrates forms teers. The Volunteer Income Tax Assistance (VITA) pro- and publications into one research tool and provides gram helps low-to-moderate income, elderly, people with single-point access to tax law information by subject. disabilities, and limited English proficient taxpayers. The When the user searches the IRS Tax Map, they will be Tax Counseling for the Elderly (TCE) program helps tax- provided with links to related content in existing IRS payers age 60 and older with their tax returns. Most VITA publications, forms and instructions, questions and and TCE sites offer free electronic filing and all volunteers answers, and Tax Topics. will let you know about credits and deductions you may be You can immediately view and print for free all 5 types entitled to claim. In addition, some VITA and TCE sites of individual federal tax transcripts (tax returns, tax ac- provide taxpayers the opportunity to prepare their own re- count, record of account, wage and income state- turn with help from an IRS-certified volunteer. To find the ment, and certification of non-filing) using Get Tran nearest VITA or TCE site, you can use the VITA Locator script. You can also ask the IRS to mail a return or an Tool on IRS.gov, download the IRS2Go app, or call account transcript to you. Only the mail option is avail- 1-800-906-9887. able by choosing the Tax Records option on the As part of the TCE program, AARP offers the Tax-Aide IRS2Go app by selecting Mail Transcript on IRS.gov counseling program. To find the nearest AARP Tax-Aide or by calling 1-800-908-9946. Tax return and tax ac- site, visit AARP's website at www.aarp.org/money/taxaide count transcripts are generally available for the current or call 1-888-227-7669. For more information on these year and the past three years. programs, go to IRS.gov and enter “VITA” in the search box. Determine if you are eligible for the EITC and estimate the amount of the credit with the Earned Income Tax Internet. IRS.gov and IRS2Go are ready when you Credit (EITC) Assistant. are —24 hours a day, 7 days a week. Visit Understanding Your IRS Notice or Letter to get Download the free IRS2Go app from the iTunes app answers to questions about a notice or letter you re- store or from Google Play. Use it to check your refund ceived from the IRS. status, order transcripts of your tax returns or tax ac- If you received the First Time Homebuyer Credit, you count, watch the IRS YouTube channel, get IRS news can use the First Time Homebuyer Credit Account as soon as it's released to the public, subscribe to fil- Lookup tool for information on your repayments and ing season updates or daily tax tips, and follow the account balance. IRS Twitter news feed, @IRSnews, to get the latest Publication 3920 (September 2014) Page 19 |
Page 20 of 23 Fileid: … ns/P3920/201411/A/XML/Cycle04/source 14:45 - 9-Sep-2014 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Check the status of your amended return using let. Download the free IRS2Go app from the iTunes app Where's My Amended Return? Go to IRS.gov and en- store or from Google Play. ter Where's My Amended Return? in the search box. Call to locate the nearest volunteer help site, You can generally expect your amended return to be 1-800-906-9887 or you can use the VITA Locator Tool processed up to 12 weeks from the date we receive it. on IRS.gov, or download the IRS2Go app. It can take up to 3 weeks from the date you mailed it to Low-to-moderate income, elderly, people with disabili- show up in our system. ties, and limited English proficient taxpayers can get Make a payment using one of several safe and con- free help with their tax return from the nationwide Vol- venient electronic payment options available on unteer Income Tax Assistance (VITA) program. The IRS.gov. Select the Payment tab on the front page of Tax Counseling for the Elderly (TCE) program helps IRS.gov for more information. taxpayers age 60 and older with their tax returns. Most Determine if you are eligible and apply for an online VITA and TCE sites offer free electronic filing. Some payment agreement, if you owe more tax than you can VITA and TCE sites provide IRS-certified volunteers pay today. who can help prepare your tax return. Through the TCE program, AARP offers the Tax-Aide counseling Figure your income tax withholding with the IRS program; call 1-888-227-7669 to find the nearest Withholding Calculator on IRS.gov. Use it if you've Tax-Aide location. had too much or too little withheld, your personal sit- uation has changed, you're starting a new job or you Call the automated Where's My Refund? information just want to see if you're having the right amount with- hotline to check the status of your 2014 refund 24 held. hours a day, 7 days a week at 1-800-829-1954. If you e-file, you can start checking on the status of your re- Determine if you might be subject to the Alternative turn within 24 hours after the IRS receives your tax re- Minimum Tax by using the Alternative Minimum Tax turn or 4 weeks after you've mailed a paper return. Assistant on IRS.gov. The IRS issues more than 9 out of 10 refunds in less Request an Electronic Filing PIN by going to than 21 days. Where's My Refund? will give you a per- IRS.gov and entering Electronic Filing PIN in the sonalized refund date as soon as the IRS processes search box. your tax return and approves your refund. Before you call this automated hotline, have your 2014 tax return Download forms, instructions and publications, includ- handy so you can enter your social security number, ing accessible versions for people with disabilities. your filing status, and the exact whole dollar amount of Locate the nearest Taxpayer Assistance Center your refund. The IRS updates Where's My Refund? (TAC) using the Office Locator tool on IRS.gov, or every 24 hours, usually overnight, so you only need to choose the Contact Us option on the IRS2Go app and check once a day. Note, the above information is for search Local Offices. An employee can answer ques- our automated hotline. Our live phone and walk-in as- tions about your tax account or help you set up a pay- sistors can research the status of your refund only if ment plan. Before you visit, check the Office Locator it's been 21 days or more since you filed electronically on IRS.gov, or Local Offices under Contact Us on or more than 6 weeks since you mailed your paper re- IRS2Go to confirm the address, phone number, days turn. and hours of operation, and the services provided. If you have a special need, such as a disability, you can Call the Amended Return Hotline, 1-866-464-2050, to request an appointment. Call the local number listed check the status of your amended return. You can in the Office Locator, or look in the phone book under generally expect your amended return to be pro- United States Government, Internal Revenue Service. cessed up to 12 weeks from the date we receive it. It can take up to 3 weeks from the date you mailed it to Apply for an Employer Identification Number (EIN). show up in our system. Go to IRS.gov and enter Apply for an EIN in the search box. Call 1-800-TAX-FORM (1-800-829-3676) to order cur- rent-year forms, instructions, publications, and Read the Internal Revenue Code, regulations, or other prior-year forms and instructions (limited to 5 years). official guidance. You should receive your order within 10 business Read Internal Revenue Bulletins. days. Call TeleTax, 1-800-829-4477, to listen to pre-recor- Sign up to receive local and national tax news and ded messages covering general and business tax in- more by email. Just click on “subscriptions” above the formation. If, between January and April 15, you still search box on IRS.gov and choose from a variety of have questions about the Form 1040, 1040A, or options. 1040EZ (like filing requirements, dependents, credits, Phone. You can call the IRS, or you can carry it in your Schedule D, pensions and IRAs or self-employment pocket with the IRS2Go app on your smart phone or tab- taxes), call 1-800-829-1040. Call using TTY/TDD equipment, 1-800-829-4059 to ask tax questions or order forms and publications. The Page 20 Publication 3920 (September 2014) |
Page 21 of 23 Fileid: … ns/P3920/201411/A/XML/Cycle04/source 14:45 - 9-Sep-2014 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. TTY/TDD telephone number is for people who are You face (or your business is facing) an immediate deaf, hard of hearing, or have a speech disability. threat of adverse action. These individuals can also contact the IRS through re- You've tried repeatedly to contact the IRS but no one lay services such as the Federal Relay Service. has responded, or the IRS hasn't responded by the Walkin. You can find a selection of forms, publications date promised. and services — in-person. Products. You can walk in to some post offices, libra- If you qualify for our help, you'll be assigned to one advo- ries, and IRS offices to pick up certain forms, instruc- cate who'll be with you at every turn and will do everything tions, and publications. Some IRS offices, libraries, possible to resolve your problem. Here's why we can help: and city and county government offices have a collec- TAS is an independent organization within the IRS. tion of products available to photocopy from reprodu- cible proofs. Our advocates know how to work with the IRS. Services. You can walk in to your local TAC for Our services are free and tailored to meet your needs. face-to-face tax help. An employee can answer ques- tions about your tax account or help you set up a pay- We have offices in every state, the District of Colum- ment plan. Before visiting, use the Office Locator tool bia, and Puerto Rico. on IRS.gov, or choose the Contact Us option on the IRS2Go app and search Local Offices for days and How can you reach us? If you think TAS can help you, call hours of operation, and services provided. your local advocate, whose number is in your local direc- tory and at Taxpayer Advocate, or call us toll-free at Mail. You can send your order for forms, instructions, and 1-877-777-4778. publications to the address below. You should receive a response within 10 business days after your request is re- How else does TAS help taxpayers? ceived. Internal Revenue Service TAS also works to resolve large-scale, systemic problems 1201 N. Mitsubishi Motorway that affect many taxpayers. If you know of one of these Bloomington, IL 61705-6613 broad issues, please report it to us through our Systemic Advocacy Management System. The Taxpayer Advocate Service Is Here to Help You. The Low Income Taxpayer Clinics Taxpayer Advocate Service (TAS) is your voice at the IRS. Our job is to ensure that every taxpayer is treated Low Income Taxpayer Clinics (LITCs) serve individuals fairly and that you know and understand your rights. whose income is below a certain level and need to resolve tax problems such as audits, appeals and tax collection What can TAS do for you? We can offer you free help with disputes. Some clinics can provide information about tax- IRS problems that you can't resolve on your own. We payer rights and responsibilities in different languages for know this process can be confusing, but the worst thing individuals who speak English as a second language. Visit you can do is nothing at all! TAS can help if you can't re- Taxpayer Advocate or see IRS Publication 4134, Low In- solve your tax problem and: come Taxpayer Clinic List. Your problem is causing financial difficulties for you, your family, or your business. Publication 3920 (September 2014) Page 21 |
Page 22 of 23 Fileid: … ns/P3920/201411/A/XML/Cycle04/source 14:45 - 9-Sep-2014 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. To help us develop a more useful index, please let us know if you have ideas for index entries. Index See “Comments and Suggestions” in the “Introduction” for the ways you can reach us. Examples: $10,000 minimum relief: Disability payments 2 3, M Tax forgiveness 8 Tax forgiveness: Married filing separately: Minimum amount of relief 9 (See also Tax forgiveness) Refund of taxes paid 11 Figuring tax forgiveness 5 6 16, , A September 11 attacks 5 Amended returns 11 Disability payments 3 O Tax forgiveness 11 F Oklahoma City attack: Anthrax attacks: Filing deadline: (See also Tax forgiveness) (See also Tax forgiveness) Tax forgiveness: Years eligible for tax forgiveness 4 Years eligible for tax forgiveness 4 Credit for taxes paid 4 Ordering: Assistance 19 Refund of taxes paid 4 Forms 2 (See also Tax help) Forgiveness, Tax (See Tax Publications 2 Hours 2 forgiveness) Ordering a filed tax return 12 Phone number 2 Form 1040: Topics not covered in this Disability payments 3 publication 2 Tax forgiveness 11 P Form 1040NR: Private delivery services 12 Disability payments 3 Publications (See Tax help) B Tax forgiveness 11 Public safety officers: Bureau of Justice Assistance 4 Form 1040X: Survivors of 4 Disability payments 3 Example 3 C Tax forgiveness 4 11, Q Comments and suggestions 2 Form 1041: Qualified disaster relief Income received after death 9 payments 3 D Tax forgiveness 4 Qualifying widow(er): Death benefits 4 Form 706 13 (See also Tax forgiveness) Public safety officers: Free tax services 19 Figuring tax forgiveness 5 6 16, , Bureau of Justice Assistance 4 Government plan annuity 4 G R Survivors of 4 Government plan annuity 4 Refund of taxes paid 4 Decedents (See Tax forgiveness) Disability payments 2 Examples 2 3, H S Nontaxable payments reported as Head of household: September 11 attacks: taxable 3 (See also Tax forgiveness) (See also Tax forgiveness) Which form to use 3 Figuring tax forgiveness 5 6 16, , Years eligible for tax forgiveness 4 Payments not covered 2 Help (See Tax help) September 11th Victim SSDI 2 3, Compensation Fund of 2001: Taxes incorrectly withheld 3 Payments to survivors 2 Which form to use: I Reduction of estate tax 13 Form 1040 3 Income received after death: Single filing status: Form 1040NR 3 Tax forgiveness 9 (See also Tax forgiveness) Nonresident alien 3 Instructions: Figuring tax forgiveness 5 6 16, , Worksheet B 8 Structured settlement factoring Worksheet C 10 transactions 13 E Worksheet D 11 Survivors, Payments to 2 Estate tax reduction 13 Survivors, Payments to: Form 706: Death benefits 4 When to file 13 J Disability payments (See Disability Where to file 13 Joint returns: payments) Who must file 13 (See also Tax forgiveness) Public safety officers 4 September 11th Victim Figuring tax forgiveness 5 7 13, , , Qualified disaster relief payments 3 Compensation Fund of 2001 13 14 17, Page 22 Publication 3920 (September 2014) |
Page 23 of 23 Fileid: … ns/P3920/201411/A/XML/Cycle04/source 14:45 - 9-Sep-2014 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. September 11th Victim Qualifying widow(er) 5 6 16, , Nonresident alien 11 Compensation Fund of 2001 2 Single filing status 5 6 16, , Years eligible 4 Survivors: Tax not eligible for forgiveness 9 Anthrax attacks 4 Of the attacks (See Survivors, Worksheet A 5 6 8 16, , , Oklahoma City attack 4 Payments to) Worksheet B 5 7 8 13 14 17, , , , , September 11 attacks 4 Of victims of the Filling out the tax return 12 Tax help 19 attacks (See Survivors, How to claim 11 12, Tax return: Payments to) Form 1310, When required 12 Ordering a filed return 12 Necessary documents 12 Ordering a filed tax return 12 T Private delivery services, W Table 1: Total tax line 8 Using 12 Where to file, Special rules for: Tax forgiveness 4 Proof of death, What qualifies Estate tax reduction 13 $10,000 minimum relief 8 10 11, , , as 12 Tax forgiveness 12 13 15 18, , Taxpayer identification number Worksheet A 5 Worksheet A 8 (TIN) requirement 12 Blank 6 16, Worksheet B 8 Where to file 12 Line 2, total tax 8 Worksheet C 8 10 13 15 18, , , , Nonresident alien: Worksheet B 5 Worksheet D 11 Taxpayer identification number Blank 7 17, Credit for taxes paid 4 (TIN) requirement 12 Illustrated 13 14, Deadline for filing 4 Which form to use 11 Instructions 8 Examples: Refund of taxes paid 4 11, Line 11, total tax 8 September 11 attacks 5 Examples 11 Worksheet C: Figuring the amount 5 8, Tax not eligible for forgiveness 9 Blank 10 18, Both spouses died 5 Which form to use: Illustrated 13 15, Community property states 5 Amended returns 11 Instructions 10 Head of household 5 6 16, , Form 1040 11 Worksheet D: Income received after death 9 Form 1040NR 11 Blank 11 Joint returns 5 7 13 14 17, , , , Form 1040X 11 Instructions 11 Married filing separately 5 6 16, , Form 1041 9 Minimum amount of relief 8 Publication 3920 (September 2014) Page 23 |