Userid: CPM Schema: tipx Leadpct: 100% Pt. size: 10 Draft Ok to Print AH XSL/XML Fileid: … cations/p3/2023/a/xml/cycle05/source (Init. & Date) _______ Page 1 of 38 13:04 - 7-Feb-2024 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 What's New. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Reminders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Publication 3 Cat. No. 46072M Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Gross Income . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Servicemembers’ Government Pay Included Armed Forces' in Gross Income . . . . . . . . . . . . . . . . . . . . . . . 5 Servicemembers’ Government Pay Items Excluded From Gross Income . . . . . . . . . . . . . 5 Tax Guide Income Items of Special Interest . . . . . . . . . . . . . 5 Foreign Source Income . . . . . . . . . . . . . . . . . . . . 9 For use in preparing Community Property . . . . . . . . . . . . . . . . . . . . . . 9 Domicile . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 2023 Returns Nevada, Washington, and California Domestic Partners . . . . . . . . . . . . . . . . . . . . 10 Form W-2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Adjustments to Income . . . . . . . . . . . . . . . . . . . . 10 Travel Expenses of Armed Forces Reservists . . . 11 Individual Retirement Arrangements (IRAs) . . . . 11 Moving Expenses . . . . . . . . . . . . . . . . . . . . . . . 12 Income Exclusions for Armed Forces Members in Combat Zones . . . . . . . . . . . . . . . . . . . . . . 13 Combat Zone Exclusion . . . . . . . . . . . . . . . . . . . . 14 How Much of My Combat Zone Pay Can I Exclude? . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 How Do I Report the Combat Zone Exclusion? . . . . . . . . . . . . . . . . . . . . . . . . . . 14 What Is Combat Zone Pay? . . . . . . . . . . . . . . . . 14 Combat Zone Defined . . . . . . . . . . . . . . . . . . . . 15 Service Eligible for Combat Zone Exclusion . . . . 16 Gain or Loss From Sale of Home . . . . . . . . . . . . . 16 Foreclosures . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Itemized Deductions . . . . . . . . . . . . . . . . . . . . . . 18 Repayments to Your Employer . . . . . . . . . . . . . . 18 Credits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Child Tax Credit, Credit for Other Dependents, and Additional Child Tax Credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Additional Child Tax Credit (ACTC) . . . . . . . . . . . 20 Earned Income Credit (EIC) . . . . . . . . . . . . . . . . 20 Credit for Excess Social Security Tax Withheld . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 First-Time Homebuyer Credit Repayment . . . . . . 25 Forgiveness of Decedent's Tax Liability . . . . . . . . 25 Combat Zone Related Forgiveness . . . . . . . . . . 25 Terrorist or Military Action Related Get forms and other information faster and easier at: Forgiveness . . . . . . . . . . . . . . . . . . . . . . . . . 25 • IRS.gov (English) • IRS.gov/Korean (한국어) How Do I Make a Claim for Tax Forgiveness? . . . 26 • IRS.gov/Spanish (Español) • IRS.gov/Russian (Pусский) • IRS.gov/Chinese (中文) • IRS.gov/Vietnamese (Tiếng Việt) Feb 7, 2024 |
Page 2 of 38 Fileid: … cations/p3/2023/a/xml/cycle05/source 13:04 - 7-Feb-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Filing Returns . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 for each qualifying child, the amount that can be claimed Where To File My Return . . . . . . . . . . . . . . . . . . 27 as a refundable credit, called the additional child tax credit When To File My Return . . . . . . . . . . . . . . . . . . 27 (ACTC), has increased to $1,600 for each qualifying child. New lines on Schedule 3. This year Schedule 3 has When Is the Latest I Can Pay My Tax? . . . . . . . . . 27 new lines. Extensions of Deadlines To File Your Tax • Line 5 has been separated into lines 5a and 5b so that Return, To Pay Your Taxes, and for Other the residential clean energy credit and the energy effi- Actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 cient home improvement credit reported on Form Can I Get an Extension To File My Return if I 5695 each have their own line. Am Not in a Combat Zone or a Contingency Operation? . . . . . . . . . . . . . . . . 28 • New line 6m was added to report the credit for previ- ously owned clean vehicles from Form 8936. Are There Filing, Tax Payment, and Other Extensions Specifically for Those in a • Line 13c will be used to report the elective payment Combat Zone or a Contingency election amount from Form 3800. Filers eligible to Operation? . . . . . . . . . . . . . . . . . . . . . . . . . . 29 make the election must complete a pre-filing registra- Can I Get an Extension To Pay My Tax if I Am tion process and file their tax return with Form 3800 on Not in a Combat Zone or a Contingency or before the tax return due date (including exten- Operation? . . . . . . . . . . . . . . . . . . . . . . . . . . 31 sions). Maximum Rate of Interest When There Is Standard mileage rates. The 2023 rate for business use Hardship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 of a vehicle is 65.5 cents a mile. The 2023 rate for use of your vehicle to do volunteer work for certain charitable or- Tax Returns of Aliens . . . . . . . . . . . . . . . . . . . . . . 31 ganizations is 14 cents a mile. The 2023 rate for operating Resident Aliens . . . . . . . . . . . . . . . . . . . . . . . . 32 expenses for a car when you use it for medical reasons is Nonresident Aliens . . . . . . . . . . . . . . . . . . . . . . 33 22 cents a mile. Dual-Status Aliens . . . . . . . . . . . . . . . . . . . . . . 33 Modified AGI limit for traditional IRA contributions. For 2023, if you are covered by a retirement plan at work, Signing Returns . . . . . . . . . . . . . . . . . . . . . . . . . . 33 your deduction for contributions to a traditional IRA is re- How To Get Tax Help . . . . . . . . . . . . . . . . . . . . . . . 34 duced (phased out) if your modified AGI is: Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 • More than $116,000 but less than $136,000 for a mar- ried couple filing a joint return or a qualifying surviving spouse, • More than $73,000 but less than $83,000 for a single What's New individual or head of household, or Due date of return. File Form 1040 or 1040-SR by April • Less than $10,000 for a married individual filing a sep- 15, 2024. If you live in Maine or Massachusetts, you have arate return. until April 17, 2024, because of the Patriots’ Day and If you either live with your spouse or file a joint return, and Emancipation Day holidays. your spouse is covered by a retirement plan at work but Who must file. Generally, the amount of income you can you aren't, your deduction is phased out if your modified receive before you must file a return has been increased. AGI is more than $218,000 but less than $228,000. If your For more information, see the Instructions for Form 1040. modified AGI is $228,000 or more, you can't take a deduc- Standard deduction amount increased. For 2023, the tion for contributions to a traditional IRA. See How Much standard deduction amount has been increased for all fil- Can You Deduct in Pub. 590-A, Contributions to Individual ers. The amounts are: Retirement Arrangements (IRAs). • Single or Married filing separately—$13,850; Modified AGI limit for Roth IRA contributions. For 2023, your Roth IRA contribution limit is reduced (phased • Married filing jointly or Qualifying surviving out) in the following situations. spouse—$27,700; and • Your filing status is married filing jointly or qualifying • Head of household—$20,800. surviving spouse and your modified AGI is at least For more information, see the Instructions for Form 1040. $218,000. You can't make a Roth IRA contribution if your modified AGI is $228,000 or more. Credits for qualified sick and family leave wages. The credits for qualified sick and family leave wages paid • Your filing status is single, head of household, or mar- in 2023 for leave taken before April 1, 2021, and for leave ried filing separately and you didn't live with your taken after March 31, 2021, and before October 1, 2021, spouse at any time in 2023 and your modified AGI is at are now reported on Schedule 3, line 13z. See Sched- least $138,000. You can't make a Roth IRA contribu- ule H (Form 1040) for more information. tion if your modified AGI is $153,000 or more. Additional child tax credit amount increased. While • Your filing status is married filing separately, you lived the maximum child tax credit amount remains at $2,000 with your spouse at any time during the year, and your 2 Publication 3 (2023) |
Page 3 of 38 Fileid: … cations/p3/2023/a/xml/cycle05/source 13:04 - 7-Feb-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. modified AGI is more than zero. You can't make a Roth Tuition and fees deduction not available. The tuition IRA contribution if your modified AGI is $10,000 or and fees deduction is not available after 2020. Instead, the more. See Can You Contribute to a Roth IRA in Pub. income limitations for the lifetime learning credit have 590-A. been increased. See Form 8863 and its instructions. 2024 modified AGI limits. You can find information Form 1040-X continuous-use form and instructions. about the 2024 contribution and AGI limits in Pub. 590-A. Form 1040-X, Amended U.S. Individual Income Tax Re- Tax law changes for 2023. When you figure how much turn, and its instructions have been converted from an an- income tax you want withheld from your pay and when you nual revision to continuous use beginning in tax year figure your estimated tax, consider tax law changes effec- 2021. Both the form and instructions will be updated as re- tive in 2023. For more information, see Pub. 505, Tax quired. For the most recent version, go to IRS.gov/ Withholding and Estimated Tax. Form1040X. Section discussions and charts that were up- dated annually have been removed, or replaced with refer- Alternative minimum tax (AMT) exemption amount in- ences to relevant forms, schedules, instructions, and pub- creased. The AMT exemption amount is increased to lications. See the forms, schedules, instructions, and $81,300 ($126,500 if married filing jointly or qualifying sur- publications for the year of the tax return you are amend- viving spouse; $63,250 if married filing separately). The ing for guidance on specific topics. amount used to determine the phaseout of your exemption has increased to $578,150 ($1,156,300 if married filing Electronic filing available for Form 1040-X. You can jointly or qualifying surviving spouse). file Form 1040-X electronically with tax filing software to amend 2020 or later Forms 1040 or 1040-SR. See Adoption credit. The adoption credit and the exclusion IRS.gov/Filing/Amended-Return-Frequently-Asked- for employer-provided adoption benefits have both in- Questions for more information. creased to $15,950 per eligible child in 2023. The amount begins to phase out if you have modified AGI in excess of All taxpayers now eligible for Identity Protection PIN. $239,230 and is completely phased out if your modified Beginning in 2021, the IRS Identity Protection PIN (IP PIN) AGI is $279,230 or more. Opt-In Program has been expanded to all taxpayers who Exception to the 10% additional tax for early distribu- can properly verify their identity. An IP PIN helps prevent tions from certain retirement plans. The exception to your social security number from being used to file a frau- the 10% additional tax for early distributions includes the dulent federal income tax return. You can use the Get An following. IP Pin tool on IRS.gov to request an IP PIN, file Form 15227 if your adjusted gross income is $79,000 or less for • Distributions from a retirement plan in connection with individuals or $158,000 if married filing jointly, or make an federally declared disasters. appointment to visit a Taxpayer Assistance Center. • Distributions from a retirement plan made to someone Veterans' disability severance payments received af- who is terminally ill. ter 1991. There may still be time for some veterans to claim their refund for disability severance payments they • Distributions to firefighters at age 50 or with 25 years received after 1991 and claimed as income. These veter- of service under the plan. ans should take action soon if they received a notice and See Form 5329 and its instructions and Pub. 590-B for haven’t already filed Form 1040-X to claim a refund or more information. credit of the overpayment attributable to the disability sev- erance payment. See Disability Severance Payments to Veterans, later, for the filing deadline. Reminders Alimony and separate maintenance payments. Amounts paid as alimony or separate maintenance pay- Future developments. For the latest information about ments under a divorce or separation agreement executed developments related to Pub. 3, such as legislation enac- after 2018 won't be deductible by the payer. Such ted after it was published, go to IRS.gov/Pub3. amounts also won't be includible in the income of the re- Change of address. If you change your mailing address, cipient. Amounts received as alimony or separate mainte- be sure to notify the IRS using Form 8822, Change of Ad- nance pursuant to a divorce or separation agreement exe- dress. Mail it to the Internal Revenue Service Center for cuted on or before December 31, 2018, are includible in your old address. (Addresses for the Service Centers are the recipient’s income unless that agreement was modi- on the back of the form.) Use Form 8822-B, Change of fied after December 31, 2018, to expressly provide that Address or Responsible Party—Business, if you are alimony received isn't included in your income. See your changing a business address. tax return instructions and Pub. 555. Nontaxable combat pay election. In 2023 and future Qualified birth or adoption distribution. Beginning in years, nontaxable combat pay will be reported on Form tax years after December 31, 2019, you can take a distri- 1040 or 1040-SR, line 1i. bution from your IRA without it being subject to the 10% Credits for sick and family leave for certain self-em- additional tax for early distributions. For more information, ployed individuals are not available. The credit for see Pub. 590-B. sick and family leave for certain self-employed individuals Third party designee. You can check the “Yes” box in were not extended and you can no longer claim these the Third Party Designee area of your return to authorize credits. the IRS to discuss your return with your preparer, a friend, Publication 3 (2023) 3 |
Page 4 of 38 Fileid: … cations/p3/2023/a/xml/cycle05/source 13:04 - 7-Feb-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. a family member, or any other person you choose. This al- What isn't covered in this publication. This publication lows the IRS to call the person you identified as your des- doesn't cover military retirement pay or veterans' benefits ignee to answer any questions that may arise during the (except those discussed under Disability Severance Pay- processing of your tax return. It also allows your designee ments to Veterans, later) or give the basic tax rules that to perform certain actions. See your income tax return in- apply to all taxpayers. For information on military retire- structions for details. ment pay or veterans' benefits, see Pub. 525, Taxable and Penalty for failure to file. If your return is more than 60 Nontaxable Income. If you need the basic tax rules or in- days late, the minimum penalty will be $485 or the amount formation on another subject not covered here, you can of any tax you owe, whichever is smaller. check our other free publications. Educational assistance benefits. If you receive educa- Comments and suggestions. We welcome your com- tional assistance benefits from your employer under an ments about this publication and suggestions for future educational assistance program, you can exclude up to editions. $5,250 of those benefits. You can send us comments through IRS.gov/ Abbreviations. The following abbreviations will be used FormComments. Or, you can write to the Internal Revenue in this publication when appropriate. Service, Tax Forms and Publications, 1111 Constitution • ACTC means additional child tax credit. Ave. NW, IR-6526, Washington, DC 20224. Although we can’t respond individually to each com- • ATIN means adoption taxpayer identification number. ment received, we do appreciate your feedback and will • ITIN means individual taxpayer identification number. consider your comments and suggestions as we revise • ODC means credit for other dependents. our tax forms, instructions, and publications. Don’t send tax questions, tax returns, or payments to the above ad- • SSN means social security number. dress. • TIN means taxpayer identification number. A TIN may Getting answers to your tax questions. If you have be an ATIN, an ITIN, or an SSN. a tax question not answered by this publication or the How Other abbreviations may be used in this publication and To Get Tax Help section at the end of this publication, go will be defined as needed. to the IRS Interactive Tax Assistant page at IRS.gov/ Photographs of missing children. The IRS is a proud Help/ITA where you can find topics by using the search partner with the National Center for Missing & Exploited feature or viewing the categories listed. Children® (NCMEC). Photographs of missing children se- Getting tax forms, instructions, and publications. lected by the Center may appear in this publication on pa- Go to IRS.gov/Forms to download current and prior-year ges that would otherwise be blank. You can help bring forms, instructions, and publications. these children home by looking at the photographs and calling 1-800-THE-LOST (1-800-843-5678) if you recog- Ordering tax forms, instructions, and publications. nize a child. Go to IRS.gov/OrderForms to order current forms, instruc- tions, and publications; call 800-829-3676 to order prior-year forms and instructions. The IRS will process your order for forms and publications as soon as possible. Introduction Don’t resubmit requests you’ve already sent us. You can This publication covers the special tax situations of active get forms and publications faster online. members of the U.S. Armed Forces. For federal tax purposes, the U.S. Armed Forces in- Useful Items cludes commissioned officers, warrant officers, and enlis- You may want to see: ted personnel in all regular and reserve units under control of the Secretaries of the Defense, Army, Navy, and Air Publication Force. The U.S. Armed Forces also includes the Coast 17 17 Your Federal Income Tax Guard. The Public Health Service and the National Oce- 54 anic and Atmospheric Administration can also receive 54 Tax Guide for U.S. Citizens and Resident Aliens many of the same tax benefits. The U.S. Armed Forces Abroad doesn't include the U.S. Merchant Marine or the American 463 463 Travel, Gift, and Car Expenses Red Cross. 501 501 Dependents, Standard Deduction, and Filing Members serving in an area designated or treated as a combat zone are granted special tax benefits. In the event Information an area ceases to be a combat zone, the IRS will do its 503 503 Child and Dependent Care Expenses best to notify you. Many of the relief provisions will end at 505 505 Tax Withholding and Estimated Tax that time. 516 516 U.S. Government Civilian Employees Stationed Throughout this publication, we reference “com- Abroad TIP bat zone exclusion” and “combat zone pay.” These terms are also known as “combat zone exclusion” 519 519 U.S. Tax Guide for Aliens and “combat zone compensation,” respectively. 523 523 Selling Your Home 4 Publication 3 (2023) |
Page 5 of 38 Fileid: … cations/p3/2023/a/xml/cycle05/source 13:04 - 7-Feb-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 525 525 Taxable and Nontaxable Income Servicemembers’ Government Pay 527 527 Residential Rental Property Items Excluded From Gross Income 529 529 Miscellaneous Deductions Items in Table 2 aren't includible in your gross income 555 555 Community Property though you may have to report them on your income tax 559 559 Survivors, Executors, and Administrators return. The list in Table 2 isn't exclusive. See your tax re- turn instructions for more information on specific items. 590-A 590-A Contributions to Individual Retirement Also see Income Items of Special Interest, later. Arrangements (IRAs) 590-B 590-B Distributions from Individual Retirement Combat zone pay. You may also be able to exclude pay Arrangements (IRAs) for service in a combat zone even though that pay would otherwise be taxable. For information on the exclusion of 596 596 Earned Income Credit (EIC) pay for service in a combat zone and other tax benefits for 970 970 Tax Benefits for Education combat zone participants, see Combat Zone Exclusion and Are There Filing, Tax Payment, and Other Extensions 3920 3920 Tax Relief for Victims of Terrorist Attacks Specifically for Those in a Combat Zone or a Contingency Operation, later. Form (and Instructions) Retroactive determination of nontaxable disa- 1040 1040 U.S. Individual Income Tax Return TIP bility severance payments. The Combat-Injured 1040-SR 1040-SR U.S. Income Tax Return for Seniors Veterans Tax Fairness Act of 2016 gives certain veterans who received disability severance payments after 1040-X 1040-X Amended U.S. Individual Income Tax Return January 17, 1991, additional time to file claims for a credit 1310 1310 Statement of Person Claiming Refund Due a or refund relating to overpayments attributable to these Deceased Taxpayer payments. Veterans affected by this legislation should have received a notice from the Department of Defense 2555 2555 Foreign Earned Income (DoD). See Disability Severance Payments to Veterans, 2848 2848 Power of Attorney and Declaration of later, for details on the payments and for the deadline for Representative making a claim for a credit or refund. 3903 3903 Moving Expenses 4868 4868 Application for Automatic Extension of Time To Income Items of Special Interest File U.S. Individual Income Tax Return Death gratuity to a survivor. Any death gratuity paid to 8822 8822 Change of Address a survivor of a member of the Armed Forces is excluded 8822-B 8822-B Change of Address or Responsible from the survivor’s gross income. Party—Business Can I deduct expenses paid with my excluded basic 9465 9465 Installment Agreement Request allowance for housing (BAH)? As noted in Table 2, 8915-C, 8915-D, and 8915-F 8915-C, 8915-D, and 8915-F Qualified Disaster BAH is excluded from income. This doesn't prevent you Retirement Plan Distributions and Repayments from deducting certain expenses paid for with your BAH. You may still be able to deduct mortgage interest and real See How To Get Tax Help at the end of this publication for estate taxes on your home if you pay these expenses with information about getting IRS publications and forms. your BAH. See the Instructions for Schedule A (Form 1040) of your tax return. Differential wage payments. Differential wage pay- Gross Income ments are taxable. They aren't treated as combat zone pay even if the individual was in a combat zone. Members of the Armed Forces receive many different types of pay and allowances. Some are included in gross What are differential wage payments? Differential income while others are excluded from gross income. wage payments are payments made by an employer (other than the Armed Forces) to an individual. They are Servicemembers’ Government Pay paid for a period during which the individual performed services in the uniformed services while on active duty for Included in Gross Income a period of more than 30 days. These payments represent all or a portion of the wages the individual would have re- You must report the items listed in Table 1 as gross in- ceived from the employer if the individual had been per- come on your tax return unless the pay is for service in a forming services for the employer during that period. combat zone. For pay for service in a combat zone, refer to Table 2. The items in Table 1 are taxable. The list in Ta- Military base realignment and closure benefits. Mili- ble 1 isn't exclusive. Also see Income Items of Special In- tary base realignment and closure benefits paid under the terest, later. Homeowners Assistance Program (HAP) are generally Publication 3 (2023) 5 |
Page 6 of 38 Fileid: … cations/p3/2023/a/xml/cycle05/source 13:04 - 7-Feb-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Table 1. Servicemembers’ Government Pay Included in Gross Income These items are included in gross income, unless the pay is for service in a combat zone. Basic pay • Active duty • Attendance at a designated service school • Back wages • Cadet/midshipman pay • Drills • Reserve training • Training duty Special pay • Aviation career incentives • Career sea • Diving duty • Foreign duty (outside the 48 contiguous states and the District of Columbia) • Foreign language proficiency • Hardship duty • Hostile fire or imminent danger • Medical and dental officers • Nuclear-qualified officers • Optometry • Other Health Professional Special Pays (for example, nurse, physician assistant, social work, etc.) • Pharmacy • Special compensation for assistance with activities of daily living (SCAADL) • Special duty assignment pay • Veterinarian • Voluntary Separation Incentive Bonus pay • Career status • Continuation pay • Enlistment • Officer • Overseas extension • Reenlistment Incentive pay • Submarine • Flight • Hazardous duty • High Altitude/Low Opening (HALO) Other pay • Accrued leave • CONUS COLA • High deployment per diem • Personal money allowances paid to high-ranking officers • Student loan repayment from programs, such as the Department of Defense Educational Loan Repayment Program when the year's service (requirement) isn't attributable to a combat zone, to the extent that qualified higher education expenses exceed $5,250 annually • Certain payments made by an employer after March 27, 2020, and before January 1, 2026, of principal or interest on certain qualified education loans In-kind military • Personal use of a government-provided vehicle benefits excluded from income. However, for any property, the sum W-2, Wage and Tax Statement, is included in your gross of all your payments can't be more than the maximum income and is taxable. The amount reported should be the amount described in subsection (c) of 42 U.S.C. 3374 as QRD reduced by the after-tax contributions to your health in effect on November 6, 2009. You must include in in- flexible spending arrangement. This amount is also sub- come the excess over this maximum amount. For more in- ject to employment taxes. formation about the HAP, see usace.army.mil/Missions/ What is a QRD? With reference to a cafeteria plan or Military-Missions/Real-Estate/HAP/. health flexible spending account, a QRD is a distribution Qualified reservist distribution (QRD). The portion of your QRD reported by your employer as wages on Form 6 Publication 3 (2023) |
Page 7 of 38 Fileid: … cations/p3/2023/a/xml/cycle05/source 13:04 - 7-Feb-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Table 2. Servicemembers’ Government Pay Items Excluded From Gross Income The exclusion for certain items applies whether the item is furnished in kind or is a reimbursement or allowance. Combat zone pay • Compensation for active service while in a combat zone (See Combat Zone Exclusion, later.) Note. The exclusion for certain officers is limited. See Commissioned officers (other than commissioned warrant officers), later. Other pay • Certain amounts received under the Armed Forces Health Professions Scholarship and Financial Assistance Program payments • Certain disability retirement pay, including payments received for injuries incurred as a direct result of a terrorist or military action • Disability severance payments (See Disability Severance Payments to Veterans, later.) • Group-term life insurance • Professional education • ROTC educational and subsistence allowances • State bonus pay for service in a combat zone (See State bonus payments, later.) • Survivor and retirement protection plan premiums • Uniform allowances Death allowances • Burial services • Death gratuity payments to eligible survivors • Travel of dependents to burial site Family allowances • Certain educational expenses for dependents • Emergencies • Evacuation to a place of safety • Separation Living allowances • BAH (Basic Allowance for Housing) (See also Can I deduct expenses paid with my excluded basic allowance for housing (BAH), later.) • BAS (Basic Allowance for Subsistence) • Housing and cost-of-living allowances abroad paid by the U.S. Government or by a foreign government • OHA (Overseas Housing Allowance) Moving allowances • Dislocation • Military base realignment and closure benefit (See Military base realignment and closure benefits, later.) • Move-in housing • Moving household and personal items • Moving trailers or mobile homes • Storage • Temporary lodging and temporary lodging expenses Travel allowances • Annual round trip for dependent students • Leave between consecutive overseas tours • Reassignment in a dependent restricted status • Transportation for you or your dependents during ship overhaul or inactivation • Per diem • Travel benefits under operation hero miles In-kind military benefits • Dependent-care assistance program • Defense counsel services • Legal assistance • Medical/dental care • Commissary/exchange discounts • Space-available travel on government aircraft • Uniforms furnished to enlisted personnel Publication 3 (2023) 7 |
Page 8 of 38 Fileid: … cations/p3/2023/a/xml/cycle05/source 13:04 - 7-Feb-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. to an individual of all or part of the individual's balance in a Disability Severance Payments to Veterans cafeteria plan or health flexible spending arrangement if: Your claim must be made by the deadline. See • The individual was a reservist who was ordered or ! When must I file my claim, later, for the deadline called to active duty for more than 179 days or for an CAUTION for making these claims. indefinite period, and • The distribution is made no sooner than the date the Veterans discharged from military service due to medi- reservist was ordered or called to active duty and no cal disability may receive a severance payment. If you re- later than the last day reimbursements could other- ceived a disability severance payment that was taxed to wise be made under the arrangement for the plan year you, and either the amounts received were by reason of a which includes the date of the order or the call to duty. combat-related injury or the Department of Veterans Af- fairs (VA) later determined that you were entitled to re- Uniformed Services Traditional Thrift Savings Plan ceive disability compensation, your severance payment (TSP) distributions. If you participate in the Uniformed isn’t taxable and you can file a claim for credit or refund Services Traditional TSP and receive a distribution from using Form 1040-X for the tax year in which the disability your account, the distribution is generally included in your severance payment was received and included in income taxable income unless your contributions included tax-ex- on your tax return. empt combat zone pay. If your contributions included tax-exempt combat zone For more information about amending prior-year returns pay, the part of the distribution attributable to those contri- to take advantage of this change, see that revision of the butions is tax exempt. However, the earnings on the Instructions for Form 1040-X. For more information on how tax-exempt portion of the distribution are taxable. The TSP to file a prior-year Form 1040-X, go to IRS.gov/ will provide a statement showing the taxable and nontaxa- Form1040X. ble portions of the distribution. For more information on TSP distributions, see TSPBK26, Tax Rules About TSP Retroactive determination of nontaxable disability Payments. severance payments. The Combat-Injured Veterans Tax Fairness Act of 2016 gives certain veterans who re- Note. For 2023, combat zone service entitles service ceived disability severance payments after January 17, members to contribute as much as $66,000 in a TSP re- 1991, additional time to file claims for credit or refund to tirement account. recover tax overpayments attributable to their disability Note. The annual additions limit is the total amount of severance payments. Veterans affected by this legislation all the contributions made in a calendar year. This limit is should have received a notice from the Department of De- per employer and includes money from all sources: em- fense (DoD) reporting the amount of disability severance ployee contributions (tax-deferred, after-tax, and tax-ex- payments. empt), Agency/Service Automatic (1%) Contributions, and How do I file a claim for a refund of an overpayment Agency/Service Matching Contributions. It does not in- attributable to my disability severance pay? The no- clude catch-up contributions. tice from the DoD includes an explanation of how to file a The annual additions limit affects mostly members of claim, including a simplified method for making the claim. the uniformed services who can exceed the annual elec- The IRS has worked closely with the DoD to produce tive deferral limit. The excess contributions go into the tra- these notices, explaining how veterans should claim the ditional portion of their TSP accounts from tax-exempt pay related tax refunds. earned in a combat zone. You can submit a claim based on the actual amount of Uniformed Services Roth Thrift Savings Plan (TSP). your disability severance payment by completing Form Roth TSP contributions are included in your income. They 1040-X. However, you can choose instead to claim a are after-tax contributions and are subject to the same standard refund amount based on the calendar year in contribution limits as the traditional TSP. Qualified distribu- which you received the severance payment. Enter “Disa- tions from your Roth account in the TSP aren't included in bility Severance Payment” on line 15 of Form 1040-X and your income. For more details, see Thrift Savings Plan enter on lines 15 and 22 the standard refund amount listed (TSP) in Part II of Pub. 721, Tax Guide to U.S. Civil Service below that applies. Retirement Benefits, and TSPBK26. • $1,750 for tax years 1991 through 2005. State bonus payments. A state bonus payment will be • $2,400 for tax years 2006 through 2010. treated as combat zone pay and may not be taxable if it is • $3,200 for tax years 2011 through 2020. made because of your current or former service in a com- Claiming the standard refund amount is the easiest way bat zone. See Combat Zone Defined, later, for a list of for you to claim a refund, because you don’t need to ac- designated combat zones. cess the original tax return from the year of your disability What are state bonus payments? A state bonus severance payment. payment is a bonus payment made to you or to your de- Enter “Veteran Disability Severance” or “St. Clair Claim” pendent(s) by a state (or a political subdivision of a state). across the top of Form 1040-X, page 1, and attach a copy of the notice from the DoD about the disability severance 8 Publication 3 (2023) |
Page 9 of 38 Fileid: … cations/p3/2023/a/xml/cycle05/source 13:04 - 7-Feb-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. payment. If you didn’t receive the DoD notice, you must in- Some foreign income may be excluded, but these ex- clude documentation showing the exact amount of and clusions aren't available for wages and salaries of military reason for your disability severance payment and a copy and civilian employees of the U.S. Government. See more of either the VA determination letter confirming your disa- on these exclusions in Foreign earned income exclusion bility or a determination that your injury or sickness was ei- and American Samoa and Puerto Rico income exclusion ther incurred as a direct result of armed conflict, while in below. extra-hazardous service, or in simulated war exercises, or was caused by an instrumentality of war. Documentation Foreign earned income exclusion. Certain taxpayers showing the exact amount of and reason for your disability can exclude income earned in foreign countries. For 2023, severance payment may include a letter from the Defense this exclusion amount can be as much as $120,000. How- Finance and Accounting Services (DFAS) or your Form ever, military and civilian employees of the U.S. Govern- DD214 explaining the severance payment at the time of ment are not eligible to elect the foreign earned income the payment. If you don’t have the required documentation exclusion. Employees of the U.S. Government include showing the exact amount of and reason for your disability those who work at U.S. Armed Forces exchanges, com- severance payment, visit dfas.mil/dsp_irs to learn how to missioned and noncommissioned officers' messes, and obtain it. Armed Forces motion picture services, and similar per- sonnel. Military personnel and/or their spouses may be el- In addition to the documents listed above, Form igible to elect the foreign earned income exclusion only if TIP 1310, Statement of Person Claiming Refund Due they are independent contractors who are not employees a Deceased Taxpayer, may need to accompany of the U.S. Government. Of course, these individuals Form 1040-X. See Step 4: Provide Form 1310, if required would need to meet the requirements of the foreign under How Is Tax Forgiveness Claimed, later. earned income exclusion to qualify. You won’t be treated as having a tax home in a foreign country for any period When must I file my claim? You must file your claim for which your abode is within the United States, unless by the later of 1 year after the date you received the notice you are serving in an area designated by the President of from the DoD or the normal deadline for filing a claim for the United States by Executive order as a combat zone in refund or credit. support of the Armed Forces of the United States. For This alternative 1-year time frame is especially im- more information on the exclusion, including requirements and the definition of “abode,” see Pub. 54. ! portant because the normal deadline is the later CAUTION of 3 years after filing the original return or 2 years after paying the tax and claims may date back as far as American Samoa and Puerto Rico income exclusion. 1991. Residents of American Samoa and Puerto Rico may be able to exclude income from American Samoa and Puerto Rico. However, this territory exclusion doesn’t apply to wa- Where to file. Mail the completed Form 1040-X and your ges and salaries of military and civilian employees of the documents to the following address, regardless of where U.S. Government. If you need information on this territory you live. exclusion, see Pub. 570, Tax Guide for Individuals With In- Internal Revenue Service come From U.S. Territories. 333 W. Pershing Street, Stop 6503, P5 Kansas City, MO 64108 Community Property The pay you earn as a member of the Armed Forces may Foreign Source Income be subject to community property laws depending on your marital status the nature of the payment, , and your domi- What Is Foreign Source Income? cile. These laws may affect how much of your income is included in your gross income for tax purposes. Commun- For U.S. citizens, foreign source income is income from ity property states are Arizona, California, Idaho, Louisi- sources outside the United States. This section only dis- ana, Nevada, New Mexico, Texas, Washington, and Wis- cusses the tax consequences for foreign source income of consin. U.S. citizens. Marital Status Is My Foreign Source Income Taxable? Community property rules apply to married persons You must report all of your foreign source income on your whose domicile during the tax year was in a community tax return, except for those amounts that U.S. law specifi- property state. These rules may affect your tax liability if cally allows you to exclude. This is true whether you reside you file separate returns or are divorced during the year. inside or outside the United States and whether or not you receive a Form W-2 or a Form 1099. This applies to earned income (such as wages and tips) as well as un- earned income (such as interest, dividends, capital gains, pensions, rents, and royalties). Publication 3 (2023) 9 |
Page 10 of 38 Fileid: … cations/p3/2023/a/xml/cycle05/source 13:04 - 7-Feb-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Nature of the Payment new duty station. For more information about this option, see Pub. 570. You may also elect to have the same domi- Active duty military pay subject to community property is cile or residence as the servicemember. laws. Armed Forces retired or retainer pay may be subject to community property laws. Nevada, Washington, and California For more information on community property laws, see Domestic Partners Pub. 555. A registered domestic partner in Nevada, Washington, or Domicile California must generally report half of his or her income plus half of the income of his or her domestic partner. See Your domicile is the permanent legal home you intend to Form 8958 and Pub. 555. use for an indefinite or unlimited period, and to which, when absent, you intend to return. It isn't always where Form W-2 you presently live. Domicile or tax residence of civilian spouse. If you What Information Can I Find on My Form are the civilian spouse of an active duty U.S. military serv- W-2? icemember, you can elect to have the same domicile or residence as the servicemember. If your domicile or resi- Form W-2 shows your total pay and other compensation dence is the same as the servicemember's, you may be and the income tax, social security tax, and Medicare tax able to keep your prior domicile or residence for tax purpo- that was withheld during the year. Form W-2 also shows ses when you accompany your spouse who relocated to a other amounts that you may find important in box 12. Form W-2 Reference Guide for Box 12 Codes A Uncollected social security or RRTA tax B Uncollected Medicare tax on tips (but not C Taxable cost of group-term life on tips Additional Medicare Tax) insurance over $50,000 D Elective deferrals to a section 401(k) E Elective deferrals under a section 403(b) F Elective deferrals under a section cash or deferred arrangement plan salary reduction agreement 408(k)(6) salary reduction SEP (including a SIMPLE 401(k) arrangement) G Elective deferrals and employer H Elective deferrals to a section 501(c)(18) J Nontaxable sick pay contributions (including nonelective (D) tax-exempt organization plan deferrals) to a section 457(b) deferred compensation plan K 20% excise tax on excess golden L Substantiated employee business M Uncollected social security or RRTA parachute payments expense reimbursements tax on taxable cost of group-term life insurance over $50,000 (former employees only) N Uncollected Medicare tax on taxable cost P Excludable moving expense Q Nontaxable combat pay of group-term life insurance over $50,000 reimbursements paid directly to a (but not Additional Medicare Tax) (former member of the U.S. Armed Forces employees only) R Employer contributions to an Archer MSA S Employee salary reduction contributions T Adoption benefits under a section 408(p) SIMPLE plan V Income from exercise of nonstatutory W Employer contributions (including Y Deferrals under a section 409A stock option(s) employee contributions through a nonqualified deferred compensation cafeteria plan) to an employee's health plan savings account (HSA) Z Income under a nonqualified deferred AA Designated Roth contributions under a BB Designated Roth contributions under a compensation plan that fails to satisfy section 401(k) plan section 403(b) plan section 409A DD Cost of employer-sponsored health EE Designated Roth contributions under a FF Permitted benefits under a qualified coverage governmental section 457(b) plan small employer health reimbursement arrangement GG Income from qualified equity grants HH Aggregate deferrals under section 83(i) under section 83(i) elections as of the close of the calendar year Note. For more information on these codes, see the General Instructions for Forms W-2 and W-3. What Do the Codes in Box 12 of Form W-2 Mean? Adjustments to Income Box 12 shows amounts not listed in other places on the Adjusted gross income is your total income minus certain form. The amounts shown in box 12 are generally prece- adjustments. The following adjustments are of particular ded by a code. A list of the codes used in box 12 is shown interest to members of the Armed Forces. above. • Travel Expenses of Armed Forces Reservists. • Individual Retirement Arrangements. 10 Publication 3 (2023) |
Page 11 of 38 Fileid: … cations/p3/2023/a/xml/cycle05/source 13:04 - 7-Feb-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • Moving Expenses. Individual Retirement Arrangements Each of these adjustments is discussed below. (IRAs) Travel Expenses of Armed Forces An IRA generally includes a traditional IRA, Roth IRA, sim- Reservists plified employee pension (SEP) IRA, and a savings incen- tive match plan for employees (SIMPLE) IRA. Are My Travel Expenses as a Reservist Deductibility of Contributions to My IRA Deductible? Deductible IRA contributions. You no longer If you are a member of a reserve component of the Armed need to be younger than age 70 / to take a de-1 2 Forces and you travel more than 100 miles away from CAUTION! duction for your contributions to an IRA. home in connection with your performance of services as a member of the reserves, you can deduct your unreim- bursed travel expenses on your tax return. Include all un- Generally, you can deduct the lesser of the contribu- reimbursed expenses from the time you leave home until tions to your traditional IRA for the year or the general limit the time you return home. See How To Report My Re- (or spousal IRA limit, if applicable). However, if you or your serve-Related Travel Expenses, later, for information on spouse was covered by an employer-maintained retire- how to report these expenses on your tax return. ment plan at any time during the year for which contribu- tions were made, you may not be able to deduct all of the contributions. The Form W-2 you or your spouse receives Am I a Member of a Reserve Component? from an employer has a box used to indicate whether you You are a member of a reserve component of the Armed were covered for the year. The “Retirement plan” box Forces if you are in: should have a mark in it if you were covered. • The Army, Navy, Marine Corps, Air Force, or Coast For purposes of a deduction for contributions to a tradi- Guard Reserve; tional IRA, Armed Forces members (including reservists • The Army National Guard of the United States; on active duty for more than 90 days during the year) are considered covered by an employer-maintained retire- • The Air National Guard of the United States; or ment plan. The "Retirement plan" box on your Form W-2 • The Ready Reserve Corps of the Public Health Serv- should have a mark in it. Your deduction for contributions ice. to a traditional IRA may be subject to a phaseout. See Limit if Covered by Employer Plan in Pub. 590-A for more How To Report My Reserve-Related Travel information. Expenses As a military person, do I get additional time to make If you have reserve-related travel that takes you more than a contribution to my IRA? Individuals serving in the 100 miles from home, you should first complete Form U.S. Armed Forces or in support of the U.S. Armed Forces 2106, Employee Business Expenses. in designated combat zones have additional time to make a contribution to an IRA. For more information on this ex- On Schedule 1 (Form 1040), line 12, enter the part of tension of deadline provision, see Are There Filing, Tax your expenses, up to the federal rate, included on Form Payment, and Other Extensions Specifically for Those in a 2106, line 10, that is for reserve-related travel more than Combat Zone or a Contingency Operation, later. For more 100 miles from your home. information on contributions to IRAs, see Pub. 590-A. For more information about this limit, see Per Diem and Is My Combat Zone Pay Included in IRA Car Allowances in chapter 6 of Pub. 463. Calculations? Example. Captain Harris, a member of the Army Re- serve, traveled to a location 220 miles from his home to For IRA purposes, your compensation includes nontaxa- perform his work in the Reserves in April 2023. He incur- ble combat zone pay. Even though you don't have to in- red $1,588.20 of unreimbursed expenses consisting of clude the combat zone pay in your gross income, you do $288.20 for mileage (440 miles × 65.5 cents a mile), $300 include it in your compensation when figuring the limits on for meals, and $1,000 for lodging. Only 50% of his meal contributions, and on deductions for contributions, to expenses are deductible. He shows his total deductible IRAs. travel expenses of $1,438.20 ($288.20 + $150 (50% of $300) + $1,000) on Form 2106, line 10. He enters the Treatment of Distributions (and Repayments $1,438.20 ($288.20 + $150 + $1,000) for travel over 100 of Distributions) From an IRA to Qualified miles from home on Schedule 1 (Form 1040), line 12. Reservists Is a qualified reservist distribution subject to the 10% additional tax? A qualified reservist distribution, Publication 3 (2023) 11 |
Page 12 of 38 Fileid: … cations/p3/2023/a/xml/cycle05/source 13:04 - 7-Feb-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. defined below, isn’t subject to the 10% additional tax on 2023 and future years. For more information, see the In- early distributions from certain retirement plans. structions for Form 8915-F and Publication 590-B. What is a qualified reservist distribution? With refer- ence to an IRA, a section 401(k) plan, or a 403(b) plan, a Moving Expenses distribution you receive is a qualified reservist distribution You may be able to exclude from income the value of gov- if the following requirements are met. ernment-provided services and reimbursement. If you • You were ordered or called to active duty after Sep- weren't reimbursed, you may be able to deduct expenses tember 11, 2001. you incurred when you moved. We discuss both below. • You were ordered or called to active duty for a period • Are Reimbursements, or the Value of Services Provi- of more than 179 days or for an indefinite period be- ded by the Government When I Move, Included in My cause you are a member of a reserve component (see Income. Am I a Member of a Reserve Component, earlier, un- • Which Moving Expenses Are Deductible and Which der Travel Expenses of Armed Forces Reservists). Aren't. • The distribution is from an IRA or from amounts attrib- utable to elective deferrals under a section 401(k) or To deduct moving expenses, you must be a member of 403(b) plan or a similar arrangement. the Armed Forces on active duty and your move must be due to a military order and the result of a permanent • The distribution was made no earlier than the date of change of station. the order or call to active duty and no later than the close of the active duty period. What constitutes a permanent change of station? A permanent change of station includes: Can I repay amounts distributed from my IRA, sec- tion 401(k) or 403(b) plan, or a similar arrangement? • A move from your home to your first post of active You may be able to contribute (repay), to an IRA, amounts duty, equal to any qualified reservist distributions (defined ear- • A move from one permanent post of duty to another, lier) you received. You can make these repayment contri- and butions even if they would cause your total contributions to the IRA to be more than the general limit on contributions. • A move from your last post of duty to your home or to a nearer point in the United States. The move must You make these repayment contributions to an IRA, even if occur within 1 year of ending your active duty or within you received the qualified reservist distribution from a sec- the period allowed under the Joint Travel Regulations. tion 401(k) or 403(b) plan or a similar arrangement. Is there a limit to the amount I can repay? Your Are there additional considerations when a spouse qualified reservist repayments can’t be more than your or dependent moves? If you are the spouse or depend- qualified reservist distributions. ent of a member of the Armed Forces who deserts, is im- prisoned, or dies while on active duty, a permanent Is there a time limit for repaying? You can make change of station for you includes a move to: these repayment contributions up to and including the date that is 2 years after your active duty period ends. • The member's place of enlistment or induction; Can I deduct qualified reservist repayments? You • Your, or the member's, home of record; or can’t deduct qualified reservist repayments. • A nearer point in the United States. Will the repayment affect my IRA deduction? The If the military moves you to or from a different location repayment of qualified reservist distributions doesn’t affect than the member, the moves are treated as a single move the amount you can deduct as an IRA contribution. to your new main job location. How do you report the repayment? If you repay a qualified reservist distribution, include the amount of the Are Reimbursements, or the Value of repayment with nondeductible contributions on line 1 of Services Provided by the Government When Form 8606, Nondeductible IRAs. I Move, Included in My Income? Don't include in your income the value of moving and stor- Tax Relief for Qualified Disaster age services provided by the government because of a Distributions and Repayments permanent change of station. Similarly, don't include in in- Special rules provide for tax-favored distributions from and come amounts received as a dislocation allowance, tem- repayments to certain retirement plans (including IRAs) on porary lodging expense, temporary lodging allowance, or account of economic losses due to disasters declared by move-in housing allowance. the President. To report the qualified distributions and re- Generally, if the total reimbursements or allowances payments, use Form 8915-D for 2019 disasters and use that you receive from the government because of the Form 8915-F for disasters that occur in 2020, 2021, 2022, move are more than your actual moving expenses, the ex- cess is included in your wages on Form W-2. However, if 12 Publication 3 (2023) |
Page 13 of 38 Fileid: … cations/p3/2023/a/xml/cycle05/source 13:04 - 7-Feb-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. any reimbursements or allowances (other than dislocation Moving services and allowances provided by the allowances, temporary lodging expenses, temporary lodg- government. Don’t deduct any expenses for moving ing allowances, or move-in housing allowances) exceed services that were provided by the government. Also, the cost of moving and the excess isn't included in your don’t deduct any expenses that were reimbursed by an al- wages on Form W-2, the excess must still be included in lowance you didn’t include in income. gross income on Form 1040 or 1040-SR, line 1h. Foreign Moves If you must relocate and your spouse and dependents move to or from a different location, don't include in in- A foreign move is a move from the United States or its ter- come reimbursements, allowances, or the value of moving ritories to a foreign country or from one foreign country to and storage services provided by the government to move another foreign country. A move from a foreign country to you and your spouse and dependents to and from the the United States or its territories isn't a foreign move. For separate locations. purposes of determining whether a move is a foreign move, a U.S. military base is not a territory of the United Which Moving Expenses Are Deductible and States and moving to a U.S. military base located in a for- Which Aren't eign country is a foreign move. How much of my moving expenses can I deduct? If For a foreign move, the deductible moving expenses you move because of a permanent change of station, you described earlier are expanded to include the reasonable can deduct the reasonable unreimbursed expenses of expenses of the following: moving you and members of your household. See How To Report Moving Expenses, later, for how to report this de- • Moving your household goods and personal effects to duction. and from storage, and A member of your household is anyone who has both • Storing these items for part or all of the time the new your former home and your new home as his or her main job location remains your main job location. The new home. It doesn't include a tenant or employee unless you job location must be outside the United States. can claim that person as a dependent on your tax return. Which moving expenses can I deduct? You can de- duct expenses (if not reimbursed or furnished in kind) for: How To Report Moving Expenses • Moving household goods and personal effects, and Figure moving expense deductions on Form 3903. The • Travel. Form 3903 instructions provide information on how to fig- ure your deduction for qualified expenses that exceed Moving household goods and personal effects. You your reimbursements and allowances (including disloca- can deduct the expenses of moving your household tion allowances, temporary lodging expenses, temporary goods and personal effects, including expenses for haul- lodging allowances, or move-in housing allowances that ing a trailer, packing, crating, in-transit storage, and insur- are excluded from gross income). ance. You can't deduct expenses for moving furniture or other goods you bought on the way from your old home to If you qualify to deduct expenses for more than one your new home. move, use a separate Form 3903 for each move. Storing and insuring household goods and per- sonal effects. You can include only the cost of storing Carry the moving expense deduction from Form(s) and insuring your household goods and personal effects 3903, line 5, to Schedule 1 (Form 1040), line 14. For more within any period of 30 consecutive days after the day information, see Form 3903 and its instructions. these goods and effects are moved from your former home and before they are delivered to your new home. Travel. You can deduct the expenses of traveling (includ- Income Exclusions for Armed ing lodging within certain limitations, but not meals) from Forces Members in Combat your old home to your new home, including car expenses and airfare. You can deduct as car expenses either: Zones • Your actual out-of-pocket expenses such as gas and oil, or Gross income doesn’t include compensation you received for active service in the Armed Forces for any month dur- • The standard mileage rate of 22 cents a mile. ing any part of which you served in a combat zone or You can add parking fees and tolls to the amount qualified hazardous duty area. The exclusion available to claimed under either method. You can't deduct any expen- you as a member of the Armed Forces may depend on ses for meals. You can't deduct the cost of unnecessary your rank. side trips or lavish and extravagant lodging. Enlisted members, warrant officers, and commis- sioned warrant officers. If you are an enlisted member, Publication 3 (2023) 13 |
Page 14 of 38 Fileid: … cations/p3/2023/a/xml/cycle05/source 13:04 - 7-Feb-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. warrant officer, or commissioned warrant officer, you can The amount of your exclusion is limited to the highest rate exclude the following amounts from your income. of enlisted pay (plus imminent danger/hostile fire pay you received) for each month during any part of which you • Active duty pay earned in any month you served in a served in a combat zone or were hospitalized as a result combat zone. See Combat Zone Exclusion, later. of your service there. For 2023, the applicable amount is • Imminent danger/hostile fire pay. See Serving in a $10,011 per month (that is, $9,786.00 for the highest en- Combat Zone, later. listed pay + $225 for imminent danger pay). • A reenlistment bonus if the voluntary extension or re- Earned income election. Though your combat zone pay enlistment occurs in a month you served in a combat is excluded from income, you can elect to include it in in- zone. come in figuring your EIC. See Can I treat my nontaxable • Pay for accrued leave earned in any month you served combat zone pay as earned income? under Earned In- in a combat zone. The DoD must determine that the come Credit, later. unused leave was earned during that period. • Pay received for duties as a member of the Armed How Do I Report the Combat Zone Forces in clubs, messes, post and station theaters, Exclusion? and other nonappropriated fund activities. The pay must be earned in a month you served in a combat Ordinarily, you don't have to do anything for this exclusion zone. to apply. The exclusion will be reflected on your Form W-2. • Awards for suggestions, inventions, or scientific ach- The wages shown in box 1 of your 2023 Form W-2 ievements you are entitled to because of a submission shouldn't include military pay excluded from your income you made in a month you served in a combat zone. under the combat zone exclusion provisions. If it does, you will need to get a corrected Form W-2 from your finance • Student loan repayments. If the entire year of service office. You can't exclude as combat zone pay any wages required to earn the repayment was performed in a shown in box 1 of Form W-2. See also Disability Sever- combat zone, the entire repayment made because of ance Payments to Veterans, later, for special rules relating that year of service is excluded. If only part of that year to severance pay. of service was performed in a combat zone, only part of the repayment qualifies for exclusion. For example, if you served in a combat zone for 5 months, / of 5 12 What Is Combat Zone Pay? your repayment qualifies for exclusion. Combat zone pay is also known as combat zone TIP compensation. Commissioned officers (other than commissioned warrant officers). If you are a commissioned officer (other than a commissioned warrant officer), you may ex- Combat zone pay is pay received by a member of the clude part of your combat zone pay. There is a limit to the U.S. Armed Forces who serves in: amount of combat zone pay you can exclude. See Com- 1. A combat zone as designated by the President in an missioned officers (other than commissioned warrant offi- Executive order (see Combat Zone Defined, later); cers) under How Much of My Combat Zone Pay Can I Ex- clude, later. 2. A qualified hazardous duty area designated by Con- gress while receiving hostile fire pay or imminent dan- ger pay in accordance with 37 U.S.C. 351 (see Serv- Combat Zone Exclusion ing in a Combat Zone, later); or 3. An area outside the combat zone or qualified hazard- Combat zone exclusion and combat zone pay are ous duty area when the DoD certifies that such serv- TIP also known as combat zone exclusion and com- ice is in direct support of military operations in a com- bat zone compensation, respectively. bat zone or qualified hazardous duty area, and the member receives hostile fire pay or imminent danger How Much of My Combat Zone Pay pay (see Serving outside combat zone considered serving in a combat zone, later). Can I Exclude? The month for which you receive the pay must be a Enlisted member, warrant officer, or commissioned month in which you either: warrant officer. If you are an enlisted member, warrant officer, or commissioned warrant officer, none of your • Served in a combat zone; or combat zone pay is included in your income for tax purpo- • Were hospitalized as a result of wounds, disease, or ses. injury incurred while serving in the combat zone. Commissioned officers (other than commissioned You don't have to receive the excluded pay while you are warrant officers). If you are a commissioned officer in a combat zone, are hospitalized, or in the same year (other than a commissioned warrant officer), there is a you served in a combat zone. limit to the amount of combat zone pay you can exclude. 14 Publication 3 (2023) |
Page 15 of 38 Fileid: … cations/p3/2023/a/xml/cycle05/source 13:04 - 7-Feb-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Partial month service is treated as full month of or Operation Freedom Sentinel supporting military opera- service. If you serve in a combat zone for any part of 1 or tions in the Afghanistan combat zone. more days during a particular month, you are entitled to a combat zone exclusion for that entire month. The Kosovo area. By Executive Order No. 13119, the following locations (including the airspace above) were Are my retirement pay and pensions treated as com- designated as a combat zone beginning March 24, 1999. bat zone pay? Retirement pay and pensions don't qual- • Federal Republic of Yugoslavia (Serbia/Montenegro). ify for the combat zone exclusion. • Albania. Combat Related Special Compensation (CRSC) TIP is a benefit awarded to certain retired veterans • Kosovo. with combat-related disabilities. CRSC is exclu- • The Adriatic Sea. ded from income. • The Ionian Sea—north of the 39th parallel. Note. The combat zone designation for Montenegro and Combat Zone Defined Kosovo (previously a province within Serbia) under Execu- tive Order 13119 remains in force even though Montene- A combat zone is any area the President of the United gro and Kosovo have become independent nations since States designates by Executive order as an area in which EO 13119 was signed. the U.S. Armed Forces are engaging or have engaged in combat. An area usually becomes a combat zone and The Arabian Peninsula. By Executive Order No. 12744, ceases to be a combat zone on the dates the President the following locations (and the airspace above) were des- designates by Executive order. To date, the Afghanistan ignated as a combat zone beginning January 17, 1991. area the Kosovo area, , and the Arabian Peninsula have been designated as combat zones. Combat zone tax ben- • The Persian Gulf. efits have been designated by Congress for the Sinai Pen- • The Red Sea. insula of Egypt under certain circumstances. Though the former Yugoslavia is no longer treated as a combat zone, • The Gulf of Oman. certain benefits may still be available to those who served • The part of the Arabian Sea that is north of 10 degrees in that area at that time. Each of the combat zones, the Si- north latitude and west of 68 degrees east longitude. nai Peninsula, and the former Yugoslavia area are dis- • The Gulf of Aden. cussed below. • The total land areas of Iraq, Kuwait, Saudi Arabia, Serving outside combat zone considered serving Oman, Bahrain, Qatar, and the United Arab Emirates. in a combat zone. Military service outside a combat zone is considered to be performed in a combat zone if: The following countries were certified by the DoD for combat zone tax benefits due to their direct support of • The DoD designates that the service is in direct sup- military operations in the Arabian Peninsula combat zone. port of military operations in the combat zone, and • Jordan (as of March 19, 2003). • The service qualifies you for special military pay for duty subject to hostile fire or imminent danger under • Lebanon (as of February 12, 2015). 37 U.S.C. 351. • Turkey east of 33.51 degrees east longitude (as of Military pay received for this service will qualify for the September 19, 2016). combat zone exclusion if all of the requirements discussed under Service Eligible for Combat Zone Exclusion, later, Sinai Peninsula. Section 11026 of Public Law 115-97 other than service in a combat zone, are met and if the designates the Sinai Peninsula of Egypt as a qualified pay is verifiable by reference to military pay records. hazardous duty area that is treated as if it were a combat zone. This designation generally applies for the period be- The Afghanistan area. By Executive Order No. 13239, ginning June 10, 2015. For more information about Afghanistan (and the airspace above) was designated as amending prior-year returns to take advantage of the ben- a combat zone beginning September 19, 2001. efits associated with this designation, see the Instructions The following countries were certified by the DoD for for Form 1040-X. combat zone tax benefits due to their direct support of military operations in the Afghanistan combat zone. The former Yugoslavia area. Section 1 of Public Law 104-117 designated the following locations as qualified • Jordan and Pakistan (as of September 19, 2001). hazardous duty areas that were treated as if they were • Djibouti (as of July 1, 2002). combat zones. • Yemen (as of April 10, 2002). • Bosnia and Herzegovina. • Somalia and Syria (as of January 1, 2004). • Croatia. Note. For the Philippines only, the personnel must have • Macedonia. deployed in conjunction with Operation Enduring Freedom That designation generally applied beginning November 21, 1995, and ending November 1, 2007, allowing, for Publication 3 (2023) 15 |
Page 16 of 38 Fileid: … cations/p3/2023/a/xml/cycle05/source 13:04 - 7-Feb-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. example, members of the Armed Forces who die by rea- disease is presumed to have been incurred while serving son of wounds that were incurred in that area and during in the combat zone. that period to qualify for special tax treatment upon their death. Time limit on combat zone exclusion for pay received while hospitalized. If you are hospitalized, you can't ex- clude any military pay received for any month of service Service Eligible for Combat Zone that begins more than 2 years after the end of combat ac- Exclusion tivities in the combat zone. This pay won't be combat zone pay. As noted earlier, pay eligible for the combat zone exclu- sion must have been received for a month in which you ei- Nonqualifying Presence in a Combat ther served in a combat zone or were hospitalized as a re- sult of wounds, disease, or injury incurred while serving in Zone the combat zone. We discuss these below. Also see Serv- ing outside combat zone considered serving in a combat None of the following types of military service qualify as zone, earlier, under Combat Zone Defined. service in a combat zone. • Presence in a combat zone while on leave from a duty Serving in a Combat Zone station located outside the combat zone. • Passage over or through a combat zone during a trip You are considered to be serving in a combat zone if you between two points that are outside a combat zone. are either assigned on official temporary duty to a combat zone or you qualify for hostile fire/imminent danger pay • Presence in a combat zone solely for your personal while in a combat zone. convenience. Service in a combat zone includes any periods you are absent from duty because of sickness, wounds, or leave. Gain or Loss From Sale of If, as a result of serving in a combat zone, a person be- comes a prisoner of war or is missing in action, that per- Home son is considered to be serving in the combat zone so long as he or she keeps that status for military pay purpo- You may not have to pay tax on all or part of the gain from ses. the sale of your main home. Usually, your main home is the one you live in most of the time. It can be a: Hospitalization as a Result of Wounds, • House, Disease, or Injury Incurred While Serving in Houseboat, • a Combat Zone • Mobile home, Hospitalized while serving in a combat zone. If you Cooperative apartment, or • are hospitalized while serving in a combat zone, the wound, disease, or injury causing the hospitalization will • Condominium. be presumed to have been incurred while serving in the combat zone unless there is clear evidence to the con- How much can you exclude? You can generally ex- trary. clude up to $250,000 of gain ($500,000, in most cases, if married filing a joint return) realized on the sale or ex- Example. You are hospitalized for a specific disease in change of a main home in 2023. The exclusion is allowed a combat zone where you have been serving for 3 weeks, each time you sell or exchange a main home, but gener- and the disease for which you are hospitalized has an in- ally not more than once every 2 years. cubation period of 2 to 4 weeks. The disease is presumed to have been incurred while you were serving in the com- What must you do to be eligible for the exclusion? bat zone. On the other hand, if the incubation period of the You will be eligible for the exclusion if, during the 5-year disease is 1 year, the disease wouldn't have been incurred period ending on the date of the sale, you: while you were serving in the combat zone. • Owned the home for at least 2 years (the ownership test), and Hospitalized after leaving a combat zone. In some ca- ses, the wound, disease, or injury may have been incurred • Lived in the home as your main home for at least 2 while you were serving in the combat zone, even though years (the use test). you weren't hospitalized until after you left. In that case, It doesn’t have to be a single block of time. you can exclude military pay earned while you are hospi- talized as a result of the wound, disease, or injury. What happens if I don't meet the ownership and use tests? If you don't meet the ownership and use tests due Example. You were hospitalized for a specific disease to a move to a new permanent duty station, you can ex- 3 weeks after you departed the combat zone. The incuba- clude gain, but the maximum amount of gain you can ex- tion period of the disease is from 2 to 4 weeks. The clude will be reduced. See Pub. 523 for more details. 16 Publication 3 (2023) |
Page 17 of 38 Fileid: … cations/p3/2023/a/xml/cycle05/source 13:04 - 7-Feb-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 5-year test period can be suspended for members of Are my losses deductible? You can't deduct a loss from the Armed Forces. You can choose to have the 5-year the sale of your main home. test period for ownership and use suspended during any period you or your spouse serves on qualified official ex- More information. For more information, see Pub. 523. tended duty as a member of the Armed Forces. This means that you may be able to meet the 2-year use test even if, because of your service, you didn't actually live in Foreclosures your home for the required 2 years during the 5-year pe- riod ending on the date of sale. There may be tax consequences as a result of compensa- tion payments for foreclosures. Example. David bought and moved into a home in 2015. He lived in it as his main home for 2 / years. For the 1 2 Payments made for violations of the Servicemem- next 6 years, he didn't live in it because he was on quali- bers Civil Relief Act (SCRA). All servicemembers who fied official extended duty with the Army. He then sold the received a settlement payment reported on a Form 1099 home at a gain in 2023. To meet the use test, David choo- may need to report the amount on their tax return as in- ses to suspend the 5-year test period for the 6 years he come. However, the tax treatment of settlement payments was on qualifying official extended duty. This means he will depend on the facts and circumstances as illustrated can disregard those 6 years. Therefore, David's 5-year below. test period consists of the 5 years before he went on quali- fying official extended duty. He meets the ownership and Lump-sum portion of settlement payment. Gener- use tests because he owned and lived in the home for 2 /1 2 ally, you must include the lump-sum payment in gross in- years during this test period. come. In limited circumstances, you may be able to ex- clude part or all of the lump-sum payment from gross Limits on period of suspension. The period of sus- income. For example, you may qualify to exclude part or pension can't last more than 10 years. You can't suspend all of the payment from gross income if you can show that the 5-year period for more than one property at a time. You the payment was made to reimburse specific nondeducti- can revoke your choice to suspend the 5-year period at ble expenses (such as living expenses) you incurred be- any time. cause of the SCRA violation. Qualified official extended duty. You are on qualified Interest payment on lump-sum portion of settle- official extended duty if you serve on extended duty either: ment payment. You must include any interest on the • At a duty station at least 50 miles from your main lump-sum portion of your settlement payment in your in- home, or come. • While you live in government quarters under govern- Lost equity portion of settlement payment. If you ment orders. lost your main home in foreclosure, you should treat the lost equity payment as an additional amount you received You are on extended duty when you are called or or- on the foreclosure of the home. You will have a gain on the dered to active duty for a period of more than 90 days or foreclosure only if the sum of the lost equity payment and for an indefinite period. the value of the main home at foreclosure is more than What if the property was used for rental or business? what you paid for the home. In many cases, this gain may You may still qualify for a reduced exclusion of the gain be excluded from income. For more information on the from the sale of a home that you have used as a rental rules for excluding all or part of any gain from the sale (in- property or for business. However, you must meet the cluding a foreclosure) of a main home, see Pub. 523. ownership and use tests discussed in Pub. 523. The rules that apply to a lost equity payment you received for the foreclosure of a property that wasn't What if there were periods when I didn't use the your main home are different. To find rules for reporting property as my main home and wasn’t on qualified gain or loss on the foreclosure of property that wasn't your official extended duty? If the sale of your main home re- main home, see Pub. 544, Sales and Other Dispositions sults in a gain that is allocated to one or more period(s) of of Assets. nonqualified use, you can't exclude that gain from your in- come. Interest payment on lost equity portion of settle- Nonqualified use means any period after 2008 when ment payment. You must include any interest on the lost neither you nor your spouse (or your former spouse) used equity portion of your settlement payment in your income. the property as a main home, with certain exceptions. For example, a period of nonqualified use doesn't include any period (not to exceed a total of 10 years) during which you or your spouse is serving on qualified official extended duty, discussed above. You will be able to exclude the gain attributable to the period during which you or your spouse served on qualified official extended duty. Publication 3 (2023) 17 |
Page 18 of 38 Fileid: … cations/p3/2023/a/xml/cycle05/source 13:04 - 7-Feb-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. The additional child tax credit (ACTC) is a credit you may be able to take if you aren't able to claim Itemized Deductions CAUTION! the full amount of the child tax credit. The child tax credit isn't the same as the credit for child and dependent You can no longer claim any miscellaneous itemized de- care expenses. See Pub. 503 for information on the credit ductions, including the deduction for unreimbursed em- for child and dependent care expenses. ployee business expenses. Miscellaneous itemized de- ductions are those deductions that would have been Refunds for returns claiming the ACTC can't be is- subject to the 2%-of-adjusted-gross-income limitation. TIP sued before mid-February 2024. This delay ap- If you are an Armed Forces reservist, you may be able plies to the entire refund, not just the portion asso- to deduct unreimbursed employee business expenses as ciated with the ACTC. This delay does not apply if the an adjustment to income. See Travel Expenses of Armed return claims the CTC unless the return also claims the Forces Reservists, earlier. These deductions aren’t availa- earned income credit. ble for active duty service members. Can I claim the child tax credit if I don't have a social Repayments to Your Employer security number (SSN) or an individual taxpayer identification number (ITIN)? If you or your spouse (if If you had to repay to your employer an amount that you filing jointly) don’t have an SSN or ITIN issued on or before included in your income in an earlier year, you may be the due date of your 2023 return (including extensions), able to deduct the repaid amount from your income for the you can't claim the child tax credit on either your original year in which you repaid it. Where you report the repay- or an amended 2023 return, even if you later get an SSN. ment on your tax return will depend on the amount of the If an ITIN is applied for on or before the due date of a 2023 repayment. See Repayments in Pub. 525. return (including extensions) and the IRS issues an ITIN as a result of the application, the IRS will consider the ITIN as issued on or before the due date of the return. Credits Is My Child a Qualifying Child? After you have figured your taxable income and tax liabil- Your child is a qualifying child for purposes of the child tax ity, you can determine if you are entitled to any tax credits. credit if your child meets all seven of the following condi- This section discusses the child tax credit additional child , tions. tax credit credit for other dependents earned income , , credit, and credit for excess social security tax withheld. 1. Is your son, daughter, stepchild, foster child, brother, For information on other credits, see your tax form instruc- sister, stepbrother, stepsister, half brother, or half sis- tions. ter, or a descendant of any of them (for example, your grandchild, niece, or nephew). Child Tax Credit, Credit for Other 2. Was under age 17 at the end of 2023. Dependents, and Additional Child Tax 3. Didn't provide over half of the child’s own support for Credit 2023. The child tax credit is a credit that may reduce your tax by 4. Lived with you for more than half of 2023 (but see Are as much as $2,000 for each of your qualifying children. there exceptions to the time lived with you require- See How Much Can I Claim as a Child Tax Credit, later. ment, later). The additional child tax credit (ACTC) is a credit you 5. Is claimed as a dependent on your return. may be able to take if you aren't able to claim the full 6. Doesn't file a joint return for the year (or files it only to amount of the child tax credit. The additional child tax claim a refund of income tax withheld or estimated tax credit is discussed later. paid). The credit for other dependents (ODC) is a credit that 7. Was a U.S. citizen, a U.S. national, or a U.S. resident may reduce your tax by as much as $500 for each of your alien. If the child was adopted, see Adopted child, qualifying children or other dependents who can’t be later. claimed for the CTC. The amount you may claim for your CTC is calculated together with the amount you may claim Are there exceptions to the time lived with you re- for your credit for other dependents on the Child Tax quirement? Temporary absences by you or the other Credit and Credit for Other Dependents Worksheet in the person for special circumstances, such as school, vaca- instructions for your tax return. These credits are reported tion, business, medical care, military service, or detention on the same line of your return. The credit for other de- in a juvenile facility, count as time the person lived with pendents is discussed later. you. If the person meets all other requirements to be your qualifying child but was born or died in 2023, the person is considered to have lived with you for more than half of 18 Publication 3 (2023) |
Page 19 of 38 Fileid: … cations/p3/2023/a/xml/cycle05/source 13:04 - 7-Feb-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 2023 if your home was this person's home for more than you will claim the ACTC on Form 1040, 1040-SR, or half the time he or she was alive in 2023. 1040-NR, line 28. Otherwise, you will claim the CTC on Any other person is considered to have lived with you Form 1040, 1040-SR, or 1040-NR, line 19. For more infor- for all of 2023 if the person was born or died in 2023 and mation on these credits, see the Instructions for Form your home was this person's home for the entire time he or 1040, or the Instructions for Form 1040-NR, and the In- she was alive in 2023. structions for Schedule 8812 (Form 1040). There are also exceptions for kidnapped children, chil- dren lawfully placed with you for legal adoption by you in Form 8862, who must file. You must file Form 8862 to 2023, eligible foster children placed with you in 2023, and claim the CTC, ACTC, or ODC if your ACTC or ODC for a children of divorced or separated parents. For details, see year after 2015 was denied or reduced for any reason Pub. 501. other than a math or clerical error. Attach a completed Form 8862 to your 2023 return unless an exception ap- What if my child is the qualifying child of more than plies. See Form 8862, Information To Claim Certain Cred- one person? A special rule applies if your qualifying its After Disallowance, and its instructions for more infor- child is the qualifying child of more than one person as mation, including whether an exception applies. only one person can actually treat the child as a qualifying If you take the CTC, ACTC, or ODC even though child. For details, see Pub. 501. you aren't eligible and it is determined that your Adopted child. Your adopted child is always treated as CAUTION! error is due to reckless or intentional disregard of your own child. An adopted child includes a child lawfully the rules for these credits, you won't be allowed to take the placed with you for legal adoption. If you are a U.S. citizen CTC, ACTC, or ODC for 2 years even if you are otherwise or U.S. national and your adopted child lived with you as a eligible to do so. If you fraudulently take the CTC, ACTC, member of your household all year, that child meets con- or ODC, you won't be allowed to take the CTC, ACTC, or dition 7. ODC for 10 years. See the Instructions for Form 8862 for more information. You may also have to pay penalties. How Much Can I Claim as a Child Tax Credit? Credit for Other Dependents (ODC) The maximum amount you can claim for the credit is This credit is a nonrefundable credit of up to $500 for each $2,000 for each qualifying child under age 17 at the end of eligible dependent who can't be claimed for the CTC or 2023, who has an SSN that is valid for employment and is- ACTC. The CTC, ACTC, and ODC are figured using sued before the due date of your 2023 return (including Schedule 8812 (Form 1040). extensions). If your child was issued an SSN that wasn't To claim the credit, you must file Form 1040, 1040-SR, valid for employment and became eligible for a card with- or 1040-NR. For each qualifying child, you must check the out the legend “Not valid for employment” by the due date “Credit for other dependents” box in column (4) of the De- of your return (including extensions), you may claim the pendents section on page 1 of Form 1040, 1040-SR, or CTC on an original or amended return for that tax year 1040-NR. For more information on the ODC, see the In- even if your child’s card wasn't updated by the due date of structions for Schedule 8812 (Form 1040). your return. Modified AGI. For purposes of the CTC and ACTC, Form 8862, who must file. You must file Form 8862 to your modified AGI is the amount on Form 1040 or claim the CTC, ACTC or ODC if your CTC, ACTC, or ODC 1040-SR, line 11, plus the following amounts that may ap- for a year after 2015 was denied or reduced for any rea- ply to you. son other than a math or clerical error. Attach a completed Form 8862 to your 2023 return to claim the CTC, ACTC or • Any amount excluded from income because of the ex- ODC unless an exception applies. See Form 8862, Infor- clusion of income from Puerto Rico. mation To Claim Certain Credits After Disallowance, and • Any amount on line 45 or line 50 of Form 2555. its instructions for more information, including whether an exception applies. • Any amount on line 15 of Form 4563, Exclusion of In- come for Bona Fide Residents of American Samoa. If you take the CTC, ACTC or ODC even though you aren't eligible and it is determined that your If you don't have any of the above, your modified AGI is CAUTION! error is due to reckless or intentional disregard of the same as your AGI. the rules for these credits, you won't be allowed to take the ODC for 2 years even if you are otherwise eligible to do Claiming the Credit so. If you fraudulently take the CTC, ACTC or ODC, you won't be allowed to take the CTC, ACTC or ODC for 10 To claim the CTC and/or ACTC, you must file Form 1040, years. See the Instructions for Form 8862 for more infor- 1040-SR, or 1040-NR. For each qualifying child, you must mation. You may also have to pay penalties. check the “child tax credit” box in column (4) of the De- pendents section on page 1 of Form 1040, 1040-SR, or 1040-NR and complete Schedule 8812 (Form 1040). If you meet the residency requirements to claim the ACTC, Publication 3 (2023) 19 |
Page 20 of 38 Fileid: … cations/p3/2023/a/xml/cycle05/source 13:04 - 7-Feb-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Additional Child Tax Credit (ACTC) EIC, you won't be allowed to take the credit for 10 years. You may also have to pay penalties. See Form 8862 and What is the ACTC? This credit is for certain individuals its instructions for details. who get less than the full amount of the CTC. Refunds for returns claiming the EIC can't be is- The ODC can’t be used to figure the ACTC. Only TIP sued before mid-February 2024. This delay ap- TIP your CTC can be used to figure your ACTC. If you plies to the entire refund, not just the portion asso- are claiming the ODC but not the CTC, you can’t ciated with the EIC. claim the ACTC. Refunds for returns claiming the ACTC can’t be is- Can I claim the EIC if I don't have an SSN? If you don't TIP sued before mid-February 2024. This delay ap- have an SSN by the due date of your 2023 return (includ- plies to the entire refund, not just the portion asso- ing extensions), you can't claim the EIC on either your ciated with the ACTC. This delay does not apply if the original or an amended 2023 return, even if you later get return claims the CTC unless the return also claims the an SSN. earned income credit. Claiming the EIC if I Have a Qualifying Child Form 8862, who must file. You must file Form 8862 to If you are claiming the EIC with a qualifying child, claim the ACTC if your CTC, ACTC or ODC for a year after ! you should follow the eligibility rules that apply to 2015 was denied or reduced for any reason other than a CAUTION filers with a qualifying child or children when de- math or clerical error. Attach a completed Form 8862 to termining whether you are eligible to claim the EIC even if your 2023 return unless an exception applies. See Form your qualifying child hasn't been issued a valid SSN on or 8862, Information To Claim Certain Credits After Disallow- before the due date of your return (including extensions). ance, and its instructions for more information, including However, when calculating the amount of EIC that you are whether an exception applies. eligible to claim on your return, you should follow the rules If you take the CTC, ACTC, or ODC even though that apply to taxpayers who do not have a qualifying child. ! you aren't eligible and it is determined that your CAUTION error is due to reckless or intentional disregard of If you have a qualifying child (defined later), you must the rules for these credits, you won't be allowed to take the satisfy all nine of the following rules to claim the EIC. CTC, ACTC, or ODC for 2 years even if you are otherwise 1. You must have earned income (defined later). eligible to do so. If you fraudulently take the CTC, ACTC, or ODC, you won't be allowed to take the CTC, ACTC, or 2. Your earned income and adjusted gross income (AGI) ODC for 10 years. See the Instructions for Form 8862 for must each be less than: more information. You may also have to pay penalties. a. $56,838 ($63,398 for married filing jointly) if you have three or more qualifying children, Earned Income Credit (EIC) b. $52,918 ($59,478 for married filing jointly) if you have two qualifying children, or The EIC is a credit for certain persons who work. The credit may give you a refund even if you don't owe any tax c. $46,560 ($53,120 for married filing jointly) if you or didn't have any tax withheld. have one qualifying child. You must satisfy certain criteria in order to claim the 3. If you are married, you must file a joint return to claim EIC. The criteria you must meet depends on whether you the EIC or satisfy certain requirements to be consid- have a qualifying child. Detailed information is provided in ered unmarried for EIC purposes. Claiming the EIC if I Have a Qualifying Child and Claiming 4. You generally can't be a qualifying child of another the EIC if I Don't Have a Qualifying Child, later. person. If filing a joint return, your spouse also can't be a qualifying child of another person. Form 8862, who must file. You must file Form 8862 to claim the EIC if your EIC for a year after 1996 was denied 5. Your qualifying child can't be used by more than one or reduced for any reason other than a math or clerical er- person to claim the credit. If your qualifying child is the ror. Attach a completed Form 8862 to your 2023 return. qualifying child of more than one person, you must be Don't file Form 8862 if you filed Form 8862 for a tax year the person who can treat the child as a qualifying after the denial or reduction if the EIC was allowed for that child. See the Caution below. If the other person can year or if the 10-year period and/or 2-year period in the claim the child as a qualifying child, you may be able Caution below is over. See Form 8862 and its instructions to claim the EIC under the rules for a taxpayer without for details. a qualifying child. For details, see Rule 9 in Pub. 596. If you take the EIC even though you aren't eligible 6. You can't file Form 2555 to exclude income earned in ! and it is determined that your error is due to reck- foreign countries, or to deduct or exclude a foreign CAUTION less or intentional disregard of the EIC rules, you housing amount. See Pub. 54 for more information won't be allowed to take the credit for 2 years even if you about this form. are otherwise eligible to do so. If you fraudulently take the 20 Publication 3 (2023) |
Page 21 of 38 Fileid: … cations/p3/2023/a/xml/cycle05/source 13:04 - 7-Feb-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 7. You must be a U.S. citizen or resident alien all year An adopted child is always treated as your own child. unless: The term “adopted child” includes a child who was lawfully placed with you for legal adoption. a. You are married to a U.S. citizen or a resident Your foster child, for the relationship test, is a child alien, placed with you by an authorized placement agency or by b. Your filing status is married filing jointly, and judgment, decree, or other order of any court of compe- tent jurisdiction. An authorized placement agency includes c. You choose to be treated as a resident alien for a state or local government agency. It also includes a the entire year. If you need more information about tax-exempt organization licensed by a state. In addition, it making this choice, see Resident Aliens, later. includes an Indian tribal government or an organization 8. Certain investment income must be $11,000 or less authorized by an Indian tribal government to place Indian during the year. For most people, this investment in- children. come is taxable interest and dividends, tax-exempt in- Age test. In order to be classified as a qualifying child, terest, and capital gain net income. See Worksheet 1 your child must pass the age test. A child passes the age in Pub. 596 for more information on the investment in- test if he or she is in at least one of the following catego- come includible in the amount that must meet the ries. $11,000 limit. 1. Category 1. Under age 19 at the end of 2023 and 9. You must have a valid SSN for yourself, your spouse younger than you (or your spouse, if filing jointly). (if filing a joint return), and any qualifying child. 2. Category 2. Under age 24 at the end of 2023, a stu- If you and someone else have the same qualifying dent, and younger than you (or your spouse, if filing ! child but the other person can't claim the EIC be- jointly). CAUTION cause he or she isn't eligible or his or her earned income or AGI is too high, you may be able to treat the 3. Category 3. Permanently and totally disabled at any child as a qualifying child. But you can't treat the child as a time during 2023, regardless of age. qualifying child to claim the EIC if the other person uses the child to claim any of the tax benefits listed below. Student defined. To qualify as a student, your child must be, during some part of each of any 5 calendar 1. The child tax credit, ACTC, and ODC. months of 2023: 2. Head of household filing status. 1. A full-time student at a school that has a regular 3. The credit for child and dependent care expenses. teaching staff, course of study, and regular student body at the school; or 4. The exclusion for dependent care benefits. 2. A student taking a full-time, on-farm training course given by a school described in (1), or a state, county, How to report. If you satisfy all these rules, fill out or local government. Schedule EIC (Form 1040), Earned Income Credit, and at- The 5 calendar months need not be consecutive. tach it to Form 1040 or 1040-SR. You will claim the EIC on A school can be an elementary school, junior or senior Form 1040, 1040-SR, or 1040-NR, line 27. high school, college, university, or technical, trade, or me- Qualifying child. Your child is a qualifying child if your chanical school. However, on-the-job training courses, child passes four tests and has an SSN, as required in So- correspondence schools, and schools offering courses cial security number (SSN) of child, later. The four tests only through the Internet don't count as schools for the are: EIC. Students who work in co-op jobs in private industry as 1. Relationship, a part of a school's regular course of classroom and prac- 2. Age, tical training are considered full-time students. 3. Residency, and Permanently and totally disabled. Your child is per- manently and totally disabled if, at any time in 2023, both 4. Joint return. of the following apply. Each test, and the SSN requirement, are discussed below. 1. Your child couldn't engage in any substantial gainful Relationship test. In order to be classified as a quali- activity because of a physical or mental condition. fying child, your child must pass the relationship test. Your 2. A doctor determined the condition has lasted or can child passes this test if the child is your: be expected to last continuously for at least a year or • Son, daughter, stepchild, or foster child, or a descend- can lead to death. ant of any of them (for example, your grandchild); or Residency test. In order to be classified as a qualify- • Brother, sister, half brother, half sister, stepbrother, or ing child, your child must pass the residency test. A child stepsister, or a descendant of any of them (for exam- passes the residency test if he or she has lived with you in ple, your niece or nephew). the United States for more than half of 2023. Publication 3 (2023) 21 |
Page 22 of 38 Fileid: … cations/p3/2023/a/xml/cycle05/source 13:04 - 7-Feb-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. The IRS may ask you for documents to show you lived Second, even if your child doesn't file a joint return, if with each qualifying child. Documents you might want to your child was married at the end of the year, he or she keep for this purpose include school and childcare records can't be your qualifying child unless: and other records that show your child's address. 1. You can claim the child as a dependent, or You can't take the credit for a child who didn't live 2. The reason you can't claim the child as a dependent ! with you for more than half the year even if you is that you let the child's other parent claim the child CAUTION paid most of the child's living expenses. But see below for allowable absences. as a dependent under the special rule for divorced or separated parents (or parents who live apart) descri- The United States includes the 50 states and the Dis- bed in Pub. 596 and the Instructions for Form 1040. trict of Columbia. It doesn't include U.S. territories such as Guam or Puerto Rico. Social security number (SSN) of child. In order to U.S. Armed Forces personnel stationed outside the be classified as a qualifying child, your child must have a United States on extended active duty are considered to valid SSN unless the child was born and died in 2023. If a live in the United States during that duty period for purpo- child didn't have an SSN on or before the due date of your ses of the EIC. Extended active duty means you are called return (including extensions), you can't count that child as or ordered to active duty for an indefinite period or for a a qualifying child in figuring the EIC on either your original period of more than 90 days. Once you begin serving your or an amended 2023 return, even if that child later gets an extended active duty, you are still considered to have been SSN. You can't claim a higher EIC credit amount on the on extended active duty even if you don't serve more than basis of a qualifying child if: 90 days. 1. Your qualifying child's SSN is missing from your tax A child who was born or died in 2023 is treated as hav- return or is incorrect; ing lived with you for more than half of 2023 if your home was the child's home for more than half of the time he or 2. Your qualifying child's social security card says “Not she was alive in 2023. valid for employment” and was issued for use in get- Count time that you or your child is away from home on ting a federally funded benefit; or a temporary absence due to a special circumstance as 3. Instead of an SSN, your qualifying child has: time the child lived with you. Examples of a special cir- cumstance include illness, school attendance, business, a. An ITIN which is issued to a noncitizen who can't vacation, military service, and detention in a juvenile fa- get an SSN; or cility. b. An adoption taxpayer identification number An adopted child in 2023, and that child was lawfully (ATIN), which is issued to adopting parents who placed with you for legal adoption by you in 2023, or the can't get an SSN for the child being adopted until child was an eligible foster child placed with you during the adoption is final. 2023, the child is considered to have lived with you for more than half of 2023 if your main home was this child's If you have more than one qualifying child and only one main home for more than half the time he or she was has a valid SSN, you can claim a higher EIC credit amount adopted or placed with you in 2023. only for that one child. A kidnapped child is treated as living with you for more than half of the year if the child lived with you for more More information. For more information on the EIC, see than half the part of the year before the date of the kidnap- Pub. 596. ping or following the date of the child's return. The child must be presumed by law enforcement authorities to have Claiming the EIC if I Don't Have a Qualifying been kidnapped by someone who isn't a member of your Child family or your child's family. This treatment applies for all years until the child is returned. However, the last year this If you don't have a qualifying child, you can take the credit treatment can apply is the earlier of: if you satisfy all 11 of the following rules. 1. The year there is a determination that the child is 1. You must have earned income (defined later). dead, or 2. Your earned income and adjusted gross income must 2. The year the child would have reached age 18. each be less than $17,640 ($24,240 for married filing jointly). If your qualifying child has been kidnapped and meets these requirements, enter “KC,” instead of a number, on 3. If you are married, see Pub. 596 for more details. line 6 of Schedule EIC. 4. You can't be a qualifying child of another person. You Joint return test. In order to be classified as a quali- automatically meet this requirement if you are claim- fying child, your child must satisfy the joint return test. ing the EIC on a joint return. There are two parts to this test. 5. You must be at least age 25 but under age 65 at the First, the child can't file a joint return for the year (unless end of 2023. If you are married filing a joint return, ei- the joint return is filed only as a claim for refund of income ther you or your spouse must be at least age 25 but tax withheld or estimated tax paid). under age 65 at the end of 2023. It doesn't matter 22 Publication 3 (2023) |
Page 23 of 38 Fileid: … cations/p3/2023/a/xml/cycle05/source 13:04 - 7-Feb-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. which spouse meets the age test, as long as one of • Gross income received as a statutory employee. the spouses does. See Pub. 596 for more details. • Nontaxable combat zone pay if you elect to include it You meet the age test if you were born after De- in earned income. See Can I treat my nontaxable com- cember 31, 1958, and before January 2, 1999. If you bat zone pay as earned income? next. are married filing a joint return, you meet the age test if either you or your spouse was born after December Can I treat my nontaxable combat zone pay as 31, 1958, and before January 2, 1999. earned income? You can elect to include your nontaxa- If neither you nor your spouse meets the ages test, ble combat zone pay in earned income for the EIC. If you you can't claim the EIC. Enter “No” on the dotted line make the election, you must include in earned income all next to line 27 (Form 1040 or 1040-SR). nontaxable combat zone pay you received. If you are filing a joint return and both you and your spouse received non- 6. You can't be claimed as a dependent by anyone else taxable combat zone pay, you can each make your own on that person's return. You automatically meet this election. In other words, if one of you makes the election, requirement if you are claiming the EIC on a joint re- the other one can also make it but doesn't have to. turn. The amount of your nontaxable combat zone pay 7. Your main home (and your spouse's, if filing a joint re- should be shown on your Form W-2 in box 12 with code turn) must be in the United States for more than half Q. Electing to include nontaxable combat zone pay in the year. Your home can be any location where you earned income may increase or decrease your EIC. regularly live. You don't need a traditional home. (U.S. Figure the credit with and without your nontaxable com- military personnel stationed outside the United States bat zone pay before making the election. Whether the on extended active duty, discussed earlier, are con- election increases or decreases your EIC depends on sidered to be living in the United States.) your total earned income, filing status, and number of qualifying children. If your earned income without your 8. You can't file Form 2555. combat zone pay is less than the amount shown below for 9. You must be a U.S. citizen or resident alien all year your number of children, you may benefit from electing to unless: include your nontaxable combat zone pay in earned in- come and you should figure the credit both ways. If your a. You are married to a U.S. citizen or a resident earned income without your combat zone pay is equal to alien, or more than these amounts, you won't benefit from in- b. Your filing status is married filing jointly, and cluding your combat zone pay in your earned income. c. You choose to be treated as a resident alien for • $7,840 if you have no qualifying children. the entire year. $11,750 if you have one qualifying child. • 10. Certain investment income must be $11,000 or less • $16,510 if you have two or more qualifying children. during the year. For most people, this investment in- come is taxable interest and dividends, tax-exempt in- The following examples illustrate the effect of including terest, and capital gain net income. See Worksheet 1 nontaxable combat zone pay in earned income for the in Pub. 596 for more information on the investment in- EIC. come includible in the amount that must meet the Example 1—Election increases the EIC. Gray and $11,000 limit. Jaidyn are married, were born in 1988, and will file a joint 11. You (and your spouse, if filing a joint return) must have return. They have one qualifying child. Gray was in the a valid SSN. Army and earned $15,000 ($5,000 taxable wages + $10,000 nontaxable combat zone pay). Jaidyn worked How to report. If you satisfy all 11 of these rules, fill out part of the year and earned $2,000. Their taxable earned the EIC Worksheet in your tax form instructions to figure income and AGI are both $7,000. Gray and Jaidyn qualify the amount of your credit. for the EIC and fill out the EIC Worksheet in the Form 1040 instructions and Schedule EIC. More information. For more information, see Pub. 596. When they complete the EIC Worksheet without adding the nontaxable combat zone pay to their earned income, How Do I Figure My Earned Income? they find their credit to be $2,389. When they complete the EIC Worksheet with the nontaxable combat zone pay When figuring your earned income for the EIC, you must added to their earned income, they find their credit to be know what counts as earned income as well as what $3,584. Because making the election will increase their doesn't count as earned income. Both categories of in- EIC, they elect to add the nontaxable combat zone pay to come are described below. their earned income for the EIC. They enter $3,584 on What is included in my earned income for the EIC? line 27 and they enter $10,000 on line 1i of their Form For purposes of the EIC, earned income generally in- 1040. They also enter the amount of their nontaxable pay cludes the following. and enter “NCP” in the space to the left of line 27 on Form 1040. • Wages, salaries, tips, and other taxable employee pay. • Net earnings from self-employment. Publication 3 (2023) 23 |
Page 24 of 38 Fileid: … cations/p3/2023/a/xml/cycle05/source 13:04 - 7-Feb-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Example 2—Election doesn't increase the EIC. The Credit for Excess Social Security Tax facts are the same as in Example 1, except Gray had non- taxable combat pay of $30,000. When Gray and Jaidyn Withheld add their nontaxable combat pay to their earned income, they find their credit to be $1,771. Because the credit they Most employers must withhold social security tax from can get if they don't add the nontaxable combat pay to your wages. If you worked for two or more employers in their earned income is $2,389, they decide not to make 2023 and you earned more than $160,200, you may be the election. They enter $2,389 on line 27 of their Form able to take the credit for excess social security tax with- 1040. held. The maximum amount of social security tax that should have been withheld for 2023 is $9,932.40. You are What isn't earned income for the EIC? When figuring eligible for the credit for excess social security tax withheld your earned income for purposes of the EIC, don't include only if you had more than one employer. You should use any of these amounts. the Credit for Excess Social Security Tax Withheld Work- sheet to figure your credit. • Basic pay or special, bonus, or other incentive pay that is subject to the combat zone exclusion (unless All wages are subject to Medicare tax withholding. you make the election described earlier under Can I ! treat my nontaxable combat zone pay as earned in- CAUTION come). What if one of my employers withheld more than • Basic Allowance for Housing (BAH). $9,932.40? If any one employer withheld more than • Basic Allowance for Subsistence (BAS). $9,932.40 in social security taxes in 2023, you can't take a credit for the excess social security tax withheld over • Any other nontaxable employee compensation. $9,932.40 by that employer. The employer should adjust • Interest and dividends. the tax for you. If the employer doesn't adjust the overcol- lection, you can file a claim for refund using Form 843, • Social security and railroad retirement benefits. Claim for Refund and Request for Abatement. • Certain workfare payments. Joint return. If you are filing a joint return, you can't add • Pensions or annuities. the social security tax withheld from your spouse's wages • Veterans' benefits (including VA rehabilitation pay- to the amount withheld from your wages in determining ments). whether you or your spouse had excess social security tax • Workers' compensation. withheld. You must figure the withholding separately for you and your spouse to determine if either of you has ex- • Unemployment compensation. cess withholding. • Alimony and child support. Credit for Excess Social Security Tax Withheld Work- sheet. You can use the Credit for Excess Social Security The IRS Can Figure Your Credit for You Tax Withheld Worksheet to figure your credit for excess social security tax withheld on wages in 2023 only if you There are certain instructions you must follow before the had no wages in 2023 from employers that were railroads. IRS can figure the credit for you. See IRS Will Figure the If you worked for a railroad employer in 2023, see Do I fig- EIC for You in Pub. 596. ure my credit differently if I am a railroad employee? next. Do I figure my credit differently if I am a railroad employee? If you work for a railroad employer, the dis- cussion in this section doesn't apply to you. Your railroad Credit for Excess Social Security Tax Withheld Worksheet If you received wages from a railroad employer, you can't use this worksheet. See Do I figure my credit differently if I am a railroad employee. If you had only one employer, don't use this worksheet. Instead, see What if one of my employers withheld more than $9,932.40?. 1. Add all social security tax withheld (but not more than $9,932.40 for each employer). Enter the total here . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1. 2. Enter any uncollected social security tax on wages, tips, or group-term life insurance included in the total on Schedule 2 (Form 1040), line 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. 3. Add lines 1 and 2. If $9,932.40 or less, stop here. You can't take the credit . . . . . . . . . . . . . . 3. 4. Social security tax limit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. 9,932.40 5. Subtract line 4 from line 3. This is your excess social security tax withheld credit. Enter the result here and on Schedule 3 (Form 1040), line 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. 24 Publication 3 (2023) |
Page 25 of 38 Fileid: … cations/p3/2023/a/xml/cycle05/source 13:04 - 7-Feb-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. employer must withhold tier 1 railroad retirement (RRTA) Except as limited in Deadline for Filing a Claim for Tax tax and tier 2 RRTA tax. See chapter 2 of Pub. 505 for Forgiveness, later, forgiveness applies to: more information. • The tax year death occurred, and How to take the credit. Enter the credit on Schedule 3 • Any earlier tax year ending on or after the first day the (Form 1040), line 11. member served in the combat zone in active service. In addition, any unpaid taxes for years ending before the member began service in a combat zone will be for- First-Time Homebuyer Credit given and any of those taxes that are paid after the date of death will be refunded. Repayment The beneficiary or trustee of the estate of a deceased If you claimed a first-time homebuyer tax credit for a home servicemember doesn't have to pay tax on any amount re- purchased after April 9, 2008, and before May 1, 2010, ceived that would have been included (had the service- you must generally repay the first-time homebuyer credit member not died) in the deceased member's gross in- over a 15-year period in 15 equal installments. For your come for the year of death. 2023 (and later) tax returns, the repayment requirement will only apply to a home you bought during that time pe- Service outside combat zone. These rules also apply riod. to a member of the Armed Forces serving outside the combat zone if the service: For more information, see Form 5405, Repayment of the First-Time Homebuyer Credit, and its instructions. • Was in direct support of military operations in the zone, and • Qualified the member for special military pay for duty Forgiveness of Decedent's Tax subject to hostile fire or imminent danger. For a description of combat zone, see Combat Zone De- Liability fined, earlier, under Combat Zone Exclusion. Tax liability can be forgiven if a member of the U.S. Armed Missing status. The date of death for a member of the Forces dies: Armed Forces who was in a missing status (missing in ac- • While in active service in a combat zone (see Combat tion or prisoner of war) is the date his or her name is re- Zone Related Forgiveness, later); moved from missing status for military pay purposes. This is true even if death actually occurred earlier. • From wounds, disease, or injury received in a combat zone (see Combat Zone Related Forgiveness, later); or Terrorist or Military Action • From wounds or injury incurred in a terrorist or military Related Forgiveness action (see Terrorist or Military Action Related Forgive- Terrorist or military action related forgiveness occurs when ness, later). an individual meets both of the following criteria. What does tax forgiveness mean? When there is tax • Is a member of the U.S. Armed Forces at death. forgiveness, the following occurs. • Dies from wounds or injury incurred while a member of • If the tax being forgiven hasn't yet been paid, it may the U.S. Armed Forces in a terrorist or military action. not have to be paid. Except as limited in Deadline for Filing a Claim for Tax • If the tax being forgiven has been paid, the payment Forgiveness, later, forgiveness applies to: may be refunded. • The tax year death occurred, and How Do I Make a Claim for Tax Forgiveness, later, pro- vides details. • Any earlier tax year in the period beginning with the year before the year in which the wounds or injury oc- curred. Combat Zone Related Forgiveness A terrorist or military action is any terrorist activity primarily Combat zone related forgiveness occurs when an individ- directed against the United States or its allies or any mili- ual meets both of the following criteria. tary action involving the U.S. Armed Forces and resulting from violence or aggression against the United States or 1. Is a member of the U.S. Armed Forces at death. its allies (or threat thereof). 2. Dies while in active service in a combat zone, or at any place from wounds, disease, or injury incurred Any multinational force in which the United States par- while in active service in a combat zone. ticipates is considered an ally of the United States. The beneficiary or trustee of the estate of a deceased servicemember doesn't have to pay tax on any amount Publication 3 (2023) 25 |
Page 26 of 38 Fileid: … cations/p3/2023/a/xml/cycle05/source 13:04 - 7-Feb-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. received that would have been included (had the service- 2. Figure the income tax for which the spouse would member not died) in the deceased member's gross in- have been liable if a separate return had been filed, come for the year of death. and Example. Army Private John Kane died in 2023 of 3. Multiply the joint tax liability by a fraction. The top wounds incurred in a terrorist attack in 2022. His income number of the fraction is the amount in (1) above. The tax liability is forgiven for all tax years from 2021 through bottom number of the fraction is the total of (1) and (2) 2023. above. The amount in (3) is the decedent's tax liability that is eligi- How Do I Make a Claim for Tax ble for the refund or tax forgiveness. If you are unable to Forgiveness? complete this process, you should attach a statement of all income and deductions, indicating the part that belongs to each spouse. The IRS will determine the amount eligi- How Is Tax Forgiveness Claimed? ble for forgiveness. If the decedent's tax liability is forgiven, the personal rep- Computation when in a community property state. resentative should take the following steps. If the decedent's legal residence was in a community property state and the spouse reported half the military Step 1: File the proper form. The form filed to claim the pay on a separate return, the spouse can get a refund of tax forgiveness depends on whether a return has already taxes paid on his or her share of the pay for the years in- been filed for the tax year. volved. The forgiveness of unpaid tax on the military pay • File a paper Form 1040 or 1040-SR if a tax return would also apply to the half owed by the spouse for the hasn't been filed for the tax year. Form W-2 must ac- years involved. See Community Property, earlier, for a dis- company the return. cussion of community property. • File a paper Form 1040-X if a tax return has been filed. Step 4: Provide Form 1310, if required. Form 1310 A separate paper Form 1040-X must be filed for each must accompany the return unless the person filing the re- year in question. turn is: Step 2: Properly identify the return. Properly identify • A surviving spouse filing an original or amended joint the return by providing the conflict or action on which the return, or claim for tax forgiveness is based. A personal representative filing an original Form 1040 • • All returns and claims must be identified by writing or 1040-SR for the decedent and a court certificate “Iraqi Freedom—KIA,” “Enduring Freedom—KIA,” “Ko- showing the appointment as personal representative sovo Operation—KIA,” “Desert Storm—KIA,” or “For- is attached to the return. mer Yugoslavia—KIA” in bold letters on the top of page 1 of the return or claim. Step 5: Provide the death certification. The death cer- tification must come from the proper agency. • On Forms 1040, 1040-SR, and 1040-X, the phrase For military and civilian employees of the DoD, certifica- “Iraqi Freedom—KIA,” “Enduring Freedom—KIA,” tion must be made by the Department on DD Form 1300, “Kosovo Operation—KIA,” “Desert Storm—KIA,” or Report of Casualty. “Former Yugoslavia—KIA” must be written on the line For civilian employees of all other agencies who are kil- for total tax. led overseas, certification must be a letter signed by the • If the individual was killed in a terrorist action, write Director General of the Foreign Service, Department of “KITA” on the front of the return and on the line for total State, or his or her delegate. The certification must include tax. the deceased individual's name and SSN, the date of in- jury, the date of death, and a statement that the individual Step 3: Include a before and after tax forgiveness died as the result of a terrorist or military action. If the indi- computation. Include an attachment with a computation vidual died as a result of a terrorist or military action out- of the decedent's tax liability before any amount is forgiven side the United States, the statement must also include and the amount that is to be forgiven. For computations the fact that the individual was a U.S. employee on the when the decedent has filed joint returns or the spouse date of injury and on the date of death. has filed as married filing separately, see below. Can I get more time to file if I don't have enough tax Computation when the decedent filed joint re- information by the deadline? If the death certification turns. Only the decedent's part of the joint income tax lia- required in Step 5 has been received but there isn't bility is eligible for the refund or tax forgiveness. To deter- enough tax information to file a timely claim for refund, file mine the decedent's part, the person filing the claim must: Form 1040-X with Form 1310 by the deadline. Include a 1. Figure the income tax for which the decedent would statement saying that an amended claim will be filed as have been liable if a separate return had been filed, soon as the necessary tax information is available. File the amended Form 1040-X as soon as you get the needed tax information. 26 Publication 3 (2023) |
Page 27 of 38 Fileid: … cations/p3/2023/a/xml/cycle05/source 13:04 - 7-Feb-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Who Can File a Claim for Tax Forgiveness? ship? If you have entered into a registered domestic part- nership, a civil union, or other similar relationship that isn't If a member of the Armed Forces dies, a surviving spouse considered a marriage under state (or foreign) law, you or personal representative handles duties such as filing aren't considered married for federal tax purposes. You any tax returns and claims for refund involving tax forgive- must select single (or head of household, if eligible) as ness. A personal representative can be an executor, an your filing status. For more details, see Pub. 501. administrator, or anyone who is in charge of the dece- dent's assets. Where To File My Return Deadline for Filing a Claim for Tax Electronic filing (e-filing) of your tax return. You are Forgiveness encouraged to e-file your return. Eight in 10 taxpayers get their refunds faster by using direct deposit and e-file. You Whether a credit or refund is requested, generally, the pe- may be eligible to e-file your 2023 federal income tax re- riod for filing the claim is 3 years from the time the return turn free through Free File. Go to IRS.gov/Efile for more in- was filed or 2 years from the time the tax was paid, which- formation on e-filing and Free File. ever expires later. If the decedent's return was filed before If you e-file your return, there is no need to mail it. it was due, it will be considered filed on the regular due Paper returns. A tax return for forgiveness of decedent's date, usually April 15. tax liability, discussed earlier, must be filed on paper. For Extension of deadline when the death is combat the address where those returns should be filed, see zone related. If the death occurred in a combat zone or Where To File a Return Requesting Tax Forgiveness under from wounds, disease, or injury incurred in a combat zone, Forgiveness of Decedent's Tax Liability, earlier. the deadline for filing a claim for credit or refund is exten- ded using the rules discussed later under Are There Fil- If you choose to file a federal income tax return on pa- ing, Tax Payment, and Other Extensions Specifically for per and you aren't claiming tax forgiveness on the return, Those in a Combat Zone or a Contingency Operation. send your federal tax return to the Internal Revenue Serv- ice Center for the place where you live. The Instructions for Form 1040 give the address for the Service Centers. If Where To File a Return Requesting Tax you are overseas and have an APO or FPO address, file Forgiveness your return with the Internal Revenue Service Center listed for an APO or FPO address. A return requesting tax forgiveness must be filed at the fol- lowing address. Example. Sgt. Kane, who is stationed in Maine but whose permanent home address is in California, should Internal Revenue Service send her federal return to the Service Center for Maine. 333 W. Pershing Street, Stop 6503, P5 Kansas City, MO 64108 When To File My Return Most individuals must file their tax returns by the regular Filing Returns due date. You may be eligible for an extension. Some ex- tensions are automatic, some aren't. See Extensions of This section discusses the procedures members of the Deadlines To File Your Tax Return, To Pay Your Taxes, and Armed Forces should follow when filing their federal in- for Other Actions, later. come tax returns. These same rules apply when the return is filed on behalf of a member of the Armed Forces, for ex- What Is the Regular Due Date of My Return? ample, by a tax preparer or by a surviving spouse or per- sonal representative. Special rules apply when filing re- For calendar-year taxpayers, the regular due date is April turns for those involved in a combat zone or a contingency 15 of the following year. If April 15 falls on a Saturday, operation. See Are There Filing, Tax Payment, and Other Sunday, or legal holiday, your tax return is considered Extensions Specifically for Those in a Combat Zone or a timely filed if it is filed by the next business day that isn't a Contingency Operation, later. Saturday, Sunday, or legal holiday. For 2023 tax returns, the regular due date is April 15, 2024. What is my filing status if I am in a same-sex mar- riage? For federal tax purposes, marriages of couples of the same sex are treated the same as marriages of cou- ples of the opposite sex. The term “spouse” includes an When Is the Latest I Can Pay individual married to a person of the same sex. You must select married, or married filing separately, as your filing My Tax? status. You should always pay your tax by the regular due date for What is my filing status if I am in a registered domes- filing your return. An extension of time to file doesn't mean tic partnership, civil union, or other similar relation- you have an extension of time to pay any tax due. You Publication 3 (2023) 27 |
Page 28 of 38 Fileid: … cations/p3/2023/a/xml/cycle05/source 13:04 - 7-Feb-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. must estimate your tax due and pay it by the regular due • Can I Get an Extension To Pay My Tax if I Am Not in a date for the return unless you qualify for one of the exten- Combat Zone or a Contingency Operation? sions described in Can I delay my payment of income taxes? next. You don't have to send in any payment of tax Can I Get an Extension To File My due when you file Form 4868. However, if you pay the tax after the regular due date, you will be charged interest Return if I Am Not in a Combat Zone from the regular due date to the date the tax is paid. You or a Contingency Operation? may also be charged a penalty for paying the tax late un- less you have an explanation meeting reasonable-cause If you aren't in a combat zone or a contingency operation, criteria for not paying your tax when due. (If you have an you may still be eligible for an extension of time to file your explanation meeting the criteria for reasonable-cause, in- return. Different rules apply depending on whether you live clude it with your return.) inside or outside the United States. You can pay your taxes by authorizing an electronic funds withdrawal from your checking or savings account. Getting an Extension if I Am Inside the For the various ways to electronically pay your taxes, see United States your tax return instructions or go to IRS.gov/Payments. Or you can mail a Form 1040-V with the payment. See Form If you are inside the United States, you can receive an au- 1040-V and its instructions at IRS.gov/Form1040V. tomatic 6-month extension to file your return by the regular due date of your return, you either file Form 4868 or pay Can I delay my payment of income taxes? If you any part of your expected tax due by credit or debit card. are a member of the Armed Forces, you may qualify for an You can file Form 4868 electronically or on paper. See extension of time to pay income tax that becomes due be- Form 4868 for details. fore or during your military service. If you serve in a combat zone, have qualifying service This extension of time to file is automatic, and you won't outside a combat zone, or are outside the United States in receive any notice of approval. However, your request for a contingency operation, you may be eligible for the exten- an extension will be denied if it isn't made timely. The IRS sion discussed in Are There Filing, Tax Payment, and will inform you of the denial. Other Extensions Specifically for Those in a Combat Zone You can't use the automatic extension if you or a Contingency Operation, later. ! choose to have the IRS figure the tax or you are If you don't meet the criteria detailed in Are There Fil- CAUTION under a court order to file your return by the regu- ing, Tax Payment, and Other Extensions Specifically for lar due date. Those in a Combat Zone or a Contingency Operation, you may still be able to extend the time to pay your tax. See Can I Get an Extension To Pay My Tax if I Am Not in a Where on my return do I enter the amount paid with Combat Zone or a Contingency Operation, later. my request for an extension? Enter the amount you paid with your request for the extension on Schedule 3 If you are unable to pay the tax owed by the end of (Form 1040), line 10. TIP the extension period, you may want to ask the IRS for an installment payment agreement that reflects Getting an Extension if I Am Outside the your ability to pay the tax owed. To do that, go online to United States and Puerto Rico IRS.gov/OPA to apply for an online payment agreement. Or download and file Form 9465, which is available at If you are outside the United States and Puerto Rico, there IRS.gov/Form9465. are two automatic extensions that apply to you and a third extension that is discretionary. The automatic 2-month extension. If you are a U.S. Extensions of Deadlines To File citizen or resident alien, you qualify for an automatic 2-month extension of time without filing Form 4868 if ei- Your Tax Return, To Pay Your ther of the following situations applies to you. Taxes, and for Other Actions Situation 1. You live outside the United States and Puerto Rico and your main place of business or post of In this section, we discuss extensions of the deadlines for duty is outside the United States and Puerto Rico. tax return filing, tax payments, and other actions. We dis- cuss extensions related to combat zone service and con- Situation 2. You are in military or naval service on an assigned tour of duty outside the United States and tingency operations, and those not related to combat zone Puerto Rico for a period that includes the entire due service and contingency operations. date of the return. • Can I Get an Extension To File My Return if I Am Not You will be charged interest on any amount not paid by the in a Combat Zone or a Contingency Operation? regular due date until the date the tax is paid. • Are There Filing, Tax Payment, and Other Extensions If you use this automatic extension, you must attach a Specifically for Those in a Combat Zone or a statement to the return showing that you are described in Contingency Operation? Situation 1 or 2 above. 28 Publication 3 (2023) |
Page 29 of 38 Fileid: … cations/p3/2023/a/xml/cycle05/source 13:04 - 7-Feb-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. What if I'm filing a joint return? A married couple fil- designated by the Secretary of Defense or results in ing a joint return is given the automatic 2-month extension calling members of the uniformed services to active if one of the spouses met the requirement under Situation duty (or retains them on active duty) during a war or a 1 or Situation 2 above. national emergency declared by the President or Con- gress. What if I'm filing as married filing separately? For married persons filing separate returns, only the spouse See Combat Zone Defined, earlier, under Combat Zone who satisfies the criteria in Situation 1 or Situation 2 quali- Exclusion, for the beginning dates for the Afghanistan fies for the automatic 2-month extension. area combat zone, the Kosovo area combat zone, the Ara- bian Peninsula combat zone, and the Sinai Peninsula, and The additional automatic 4-month extension (Form the beginning and ending dates for the former Yugoslavia. 4868). You can request an additional 4-month extension by filing Form 4868 by June 15, 2024, for a 2023 calen- Do the extensions apply to those in missing status? dar-year tax return. Check the box on line 8. This will ex- Time in a missing status (missing in action or prisoner of tend your due date to October 15, 2024, if you are a calen- war) counts as time in a combat zone or a contingency op- dar-year taxpayer. eration. The additional discretionary 2-month extension. In Do the extensions apply to support personnel? addition to the 6-month extension (automatic 2-month and Deadlines are also extended if you are serving in a com- additional automatic 4-month extensions), you can re- bat zone or a contingency operation in support of the quest a discretionary 2-month additional extension of time Armed Forces. This applies to Red Cross personnel, ac- to file your return to December 15, 2024, if you are a cal- credited correspondents, and civilian personnel acting un- endar-year taxpayer. der the direction of the Armed Forces in support of those To request this extension, you must send the IRS a let- forces. ter explaining the reasons why you need the additional 2 months. Send the letter by the extended due date (Octo- Do the extensions apply to spouses? Spouses of indi- ber 15, 2024, if you are a calendar-year taxpayer) to the viduals who served in a combat zone or contingency oper- following address. ation are entitled to the same deadline extensions with two exceptions. Department of the Treasury Internal Revenue Service Center • The extension doesn't apply to a spouse for any tax Austin, TX 73301-0045 year beginning more than 2 years after the date the area ceases to be a combat zone or the operation You won’t receive any notification from the IRS unless ceases to be a contingency operation. your request is denied. • The extension doesn't apply to a spouse for any pe- riod the qualifying individual is hospitalized in the Uni- Are There Filing, Tax Payment, and ted States for injuries incurred in a combat zone or contingency operation. Other Extensions Specifically for Those in a Combat Zone or a How Much Extra Time Do These Extensions Contingency Operation? Give Me? The postponements for filing, tax payment, and the other Your deadline for filing your return, paying your tax, claim- actions listed in For Which Actions Are My Deadlines Ex- ing a refund, and taking other actions with the IRS is ex- tended, later, such as collection and examination actions, tended in two steps. are specifically for persons in the Armed Forces in combat zones or contingency operations. As noted in some of our First, your deadline is extended for 180 days after the earlier discussions, these postponements are referred to later of the following. as “extensions of deadlines.” 1. The last day you are in a combat zone, have qualifying service outside of the combat zone, or serve in a con- What Type of Service Will Qualify Me for tingency operation (or the last day the area qualifies These Extensions? as a combat zone or the operation qualifies as a con- tingency operation). You will qualify for these extensions if either of the follow- 2. The last day of any continuous qualified hospitaliza- ing statements is true. tion (defined later) for injury from service in the com- • You serve in the Armed Forces in a combat zone or bat zone or contingency operation or while performing you have qualifying service outside of a combat zone. qualifying service outside of the combat zone. • You serve in the Armed Forces on deployment outside Second, in addition to the 180 days, your deadline is the United States away from your permanent duty sta- extended by the number of days that were left for you to tion while participating in a contingency operation. A take the action with the IRS when you entered a combat contingency operation is a military operation that is zone (or began performing qualifying service outside the Publication 3 (2023) 29 |
Page 30 of 38 Fileid: … cations/p3/2023/a/xml/cycle05/source 13:04 - 7-Feb-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. combat zone) or began serving in a contingency opera- zone or a contingency operation. Qualified hospitalization tion. If you entered the combat zone or began serving in means: the contingency operation before the period of time to take • Any hospitalization outside the United States, and the action began, your deadline is extended by the entire period of time you have to take the action. For example, • Up to 5 years of hospitalization in the United States. you had 3 / months (January 1–April 15, 2023) to file your 1 2 2022 tax return. Any days of this 3 / -month period that 1 2 Example. Petty Officer Leonard Brown's ship entered were left when you entered the combat zone (or the entire the Persian Gulf on January 5, 2022. On February 15, 3 / months if you entered the combat zone by January 1, 1 2 2022, Petty Officer Brown, a resident of Maryland, was in- 2023) are added to the 180 days when determining the jured and was flown to a U.S. hospital. He remained in the last day allowed for filing your 2022 tax return. hospital through April 21, 2023. The deadlines for filing Petty Officer Brown's 2021, 2022, and 2023 returns are Example 1. Captain Margaret Jones, a resident of figured as follows. Maryland, entered Saudi Arabia on December 1, 2021. The 2021 tax return. The deadline is February 27, She remained there through March 31, 2023, when she 2024. Petty Officer Brown has 312 days (180 plus 132) departed for the United States. She wasn't injured and after his last day in the hospital (April 21, 2023) to file didn't return to the combat zone. The deadlines for filing his 2021 return. The 132 additional days are the num- Captain Jones' 2021, 2022, and 2023 returns are figured ber of days in the 3 / -month filing period that were left 1 2 as follows. when he entered the combat zone (January 5–May 17, The 2021 tax return. The deadline is January 15, 2021). 2024. This deadline is 288 days (180 plus 108) after The 2022 tax return. The deadline is February 3, Captain Jones' last day in the combat zone (March 31, 2024. Petty Officer Brown has 288 days (180 plus 2023). The 108 additional days are the number of days 108 ) after April 21, 2022, to file his 2022 tax return. in the 3 / -month filing period that were left when she 1 2 The additional days are the number of days in the entered the combat zone (January 1–April 18, 2022). 2022 filing period that were left when he entered the The 2022 tax return. The deadline is January 15, combat zone (January 1–April 18, 2022). 2024. The deadline is 288 days (180 plus 108) after The 2023 tax return. The deadline isn't extended be- Captain Jones' last day in the combat zone (March 31, cause the 180-day extension period after April 21, 2023). The 108 additional days are the number of days 2023, plus the number of days left in the filing period in the 3 / -month filing period that were left when she 1 2 when he entered the combat zone (108) ends on Feb- entered the combat zone (January 1–April 18, 2023). ruary 1, 2024, which is before the due date for his The 2023 tax return. The deadline isn't extended be- 2023 return (April 15, 2024). cause the 180-day extension period after March 31, 2023, plus the number of days left in the filing period For Which Actions Are My Deadlines when she entered the combat zone (108) ends on Extended? January 11, 2024, which is before the due date for her 2023 return (April 15, 2024). The actions to which this deadline extension provision ap- When the due date for doing any act for tax pur- plies include: TIP poses—filing a return, paying taxes, etc.—falls on • Filing any return of income, estate, gift, employment, a Saturday, Sunday, or legal holiday, the due date or excise tax; is delayed until the next business day. • Paying any income, estate, gift, employment, or excise tax; Example 2. You generally have 3 years from April 18, 2023, to file a claim for refund against your timely filed • Filing a petition with the Tax Court for redetermination 2022 tax return. This means that your claim must normally of a deficiency, or for review of a Tax Court decision; be filed by April 20, 2026. However, if you serve in a com- • Filing a claim for credit or refund of any tax; bat zone from November 3, 2025, through March 23, 2026, and aren't injured, your deadline for filing that claim • Bringing suit for any claim for credit or refund; is extended 349 days (180 plus 169) after you leave the • Making a qualified retirement contribution to an IRA; combat zone. This extends your deadline to April 5, 2027. The 169 additional days are the number of days in the • Allowing a credit or refund of any tax by the IRS; 3-year period for filing the refund claim that were left when • Assessment of any tax by the IRS; you entered the combat zone on November 3 (November Giving or making any notice or demand by the IRS for • 3, 2025–April 20, 2026). the payment of any tax, or for any liability for any tax; Qualified hospitalization. The hospitalization must be • Collection by the IRS of any tax due (Note. As a result the result of an injury received while serving in a combat of section 309 of Public Law 114-113, item 2 under How Much Extra Time Do These Extensions Give Me, earlier, discussing continuous qualified hospitalization doesn't apply when figuring the period for the IRS to 30 Publication 3 (2023) |
Page 31 of 38 Fileid: … cations/p3/2023/a/xml/cycle05/source 13:04 - 7-Feb-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. take collection actions for taxes, even those assessed How do I request an extension of time to pay my tax? before the law was enacted); and If you have a current payment agreement (such as an in- stallment agreement), you must make a written request for • Bringing suit by the United States for any tax due. an extension of time to pay the tax to the IRS office where If the IRS takes any actions covered by these provi- you have the agreement. sions or sends you a notice of examination before learning If you don't have a current payment agreement, you that you are entitled to an extension of the deadline, con- must wait until you receive a notice asking for payment be- tact your legal assistance office. No penalties or interest fore you request an extension of time to pay the tax. Once will be imposed for failure to file a return or pay taxes dur- you have received a notice, you must make a written re- ing the extension period. quest for an extension of time to pay the tax to the IRS of- fice that issued the notice. Other actions to which the deadline extension provision In either case, your request must include: applies are listed in Revenue Procedure 2018-58, availa- • Your name, ble at IRS.gov/irb/2018-50_IRB#RP-2018-58. • Social security number, Even though the deadline is extended, you may TIP want to file a return earlier to receive any refund • Monthly income and source of income before military due. See Filing Returns, earlier. service, • Description and amount of expenses incurred be- cause of military service if current monthly income is Can I Get an Extension To Pay My Tax greater than monthly income before military service, if I Am Not in a Combat Zone or a • Current monthly income, Contingency Operation? • Military rank, If you are a member of the Armed Forces or a commis- • Date you entered military service, and sioned officer of the Public Health Service or the National Oceanic and Atmospheric Administration, you may qualify • Date you are eligible for discharge. for an extension to pay (that is, defer or delay payment of) If possible, enclosing a copy of your orders would be help- income tax that becomes due before or during your mili- ful. tary service. To qualify, you must: How will I know if my request for an extension of time • Be performing military service, and to pay the tax has been granted? The IRS will review • Notify the IRS that your ability to pay the income tax your request and advise you in writing of its decision. has been materially affected by your military service Should you need further assistance, go to IRS.gov/UAC/ (defined later). Tax-Law-Questions for a wide selection of resources. You will then be allowed up to 180 days after termina- tion or release from military service to pay the tax. If you pay the tax in full by the end of the extension period, you Maximum Rate of Interest won't be charged interest or penalties for that period. When There Is Hardship This exception doesn't apply to the employee's share of social security and Medicare taxes. If the deferment is denied, no more than 6% interest (un- less the applicable interest rate is below 6%) per year will If a deferment is granted, the statutory collection period be charged while you are in active military service. The re- is suspended during your military service, plus an addi- duced rate applies regardless of whether the military serv- tional 270 days after the day following military service. ice materially affects your ability to pay. To substantiate the claim for reduced interest rate, you must provide the Military service. The term “military service” means the IRS a copy of your orders or reporting instructions detail- period beginning on the date on which you enter military ing the call to military service. You must do so no later service and ending on the date on which you are released than 180 days after the date of your termination or release from military service or die while in military service. If you from military service. are a member of the National Guard, your military service will include service meeting all three of the following crite- ria. • Under a call to active service authorized by the Presi- Tax Returns of Aliens dent or the Secretary of Defense. For tax purposes, an alien is an individual who isn't a U.S. • For a period of more than 30 consecutive days under citizen. An alien is in one of the three categories dis- section 502(f) of title 32, United States Code. cussed below: resident, nonresident, or dual-status. • For purposes of responding to a national emergency Placement in the correct category is crucial in determining declared by the President and supported by federal what income to report and what forms to file. funds. Publication 3 (2023) 31 |
Page 32 of 38 Fileid: … cations/p3/2023/a/xml/cycle05/source 13:04 - 7-Feb-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. If you are an alien and in the Armed Forces. Most first tax year for which the choice applies. Include in the members of the Armed Forces are U.S. citizens or resi- statement: dent aliens. Under peacetime enlistment rules, you gener- A declaration that one spouse was a nonresident alien • ally can't enlist in the Armed Forces unless you are a citi- and the other was a U.S. citizen or resident alien on zen or have been legally admitted to the United States for the last day of the year; permanent residence. If you are an alien enlistee in the Armed Forces, you are probably a resident alien. If, under • A declaration that both spouses choose to be treated an income tax treaty, you are considered a resident of a as U.S. residents for the entire tax year; and foreign country, see your base legal officer. Other aliens • The name, address, and taxpayer identification num- who are in the United States only because of military as- ber (SSN or ITIN) of each spouse. If the nonresident signments and who have a home outside the United alien spouse isn't eligible to get an SSN, he or she States are nonresident aliens. The U.S. territories have should file Form W-7, Application for IRS Individual separate taxing rules. Residents of the U.S. territories Taxpayer Identification Number. For more details re- should contact the applicable territory taxing authority with garding this statement and on making this election, their questions. see Nonresident Spouse Treated as a Resident in If you have questions about your alien status or the chapter 1 of Pub. 519. alien status of your dependents or spouse, you should read the information in the following paragraphs and see Once you make this choice, the nonresident alien Pub. 519. TIP spouse's worldwide income is subject to U.S. tax. If the nonresident alien spouse has substantial foreign income, there may be no advantage to making this Resident Aliens choice. Also, if you make this election, you may forfeit the right to claim benefits otherwise available under a U.S. tax What are the tax consequences of being a resident treaty. alien? Generally, resident aliens are taxed on their world- wide income and file the same tax forms as U.S. citizens. Ending the choice. Once you make this choice, it ap- Am I a resident alien? You are considered a resident plies to all later years unless one of the following situations alien of the United States for tax purposes if you meet ei- occurs. ther the “green card test” or the “substantial presence test” • You or your spouse revokes the choice. for the calendar year (January 1–December 31). • You or your spouse dies. First-year choice. If you do not meet either the green • You and your spouse become legally separated under card test or the substantial presence test for the calendar a decree of divorce or separate maintenance. year 2023, you may be able to choose to be treated as a U.S. resident for part of 2023 if you: • The IRS ends the choice because you or your spouse kept inadequate records. • Did not meet either the green card test or the substan- For specific details on these situations, see Pub. 519. tial presence test in 2022, If the choice is ended for any of these reasons, neither • Did not choose to be treated as a resident for part of spouse can make the choice for any later year. 2022, and Choice not made. If you and your nonresident alien • Meet the substantial presence test for 2024. spouse don't make this choice, the following restrictions See First-Year Choice in Pub. 519. These tests are ex- apply. plained in Pub. 519. • You can't file a joint return. You can file as married fil- ing separately, or head of household if you qualify. Treating nonresident alien spouse as resident alien. A nonresident alien spouse can be treated as a resident • The nonresident alien spouse generally doesn't have alien if all the following conditions are met. to file a federal income tax return if he or she had no income from sources in the United States. If the • One spouse is a U.S. citizen or resident alien at the spouse has to file a return, see Nonresident Aliens be- end of the tax year. low. The nonresident alien spouse isn't eligible for the • That spouse is married to the nonresident alien at the EIC, the credit for the elderly or disabled, or any edu- end of the tax year. cation credit if he or she has to file a return. • You both choose to treat the nonresident alien spouse Treating a dual-status alien spouse as a resident as a resident alien. alien. A similar choice is available if you are married at Making the choice. Both you and your spouse must the end of the tax year and all of the following conditions sign a statement and attach it to your joint return for the are met. • One spouse is a U.S. citizen or resident alien at the end of the tax year. • The other spouse was a nonresident alien at the be- ginning of the tax year and is a resident alien at the 32 Publication 3 (2023) |
Page 33 of 38 Fileid: … cations/p3/2023/a/xml/cycle05/source 13:04 - 7-Feb-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. end of the tax year (is a dual-status alien for the tax If you are overseas or incapacitated, you can grant a year). power of attorney to an agent to file and sign your return. • You both choose to treat the other (dual-status) If you are acting on behalf of your spouse, see Do both spouse as a resident alien. my spouse and I have to sign our joint return, later. If this choice is made, the dual-status alien spouse will be treated as a resident alien for the entire year. This Form 2848, Power of Attorney and Declaration of choice applies only to the election year. See Nonresident Representative. A power of attorney can be granted by Spouse Treated as a Resident in Pub. 519. filing Form 2848. These forms are available at IRS.gov/ Form2848 or at your nearest legal assistance office. While Choice not made. See What are the tax consequen- other power of attorney forms can be used, they must con- ces of being a dual-status alien? below, and the Instruc- tain the information required by Form 2848. tions for Form 1040-NR for more information. In Part I of the form, you must indicate that you are granting the power to sign the return, the tax form number, Nonresident Aliens and the tax year(s) for which the form is being filed. Attach the power of attorney to the tax return. Follow the Instruc- Am I a nonresident alien? You are a nonresident alien if tions for Form 2848 for properly completing the form. you are an alien who doesn't meet the requirements dis- cussed earlier for being classified as a resident alien. Do both my spouse and I have to sign our joint re- turn? Generally, joint returns must be signed by both What are the tax consequences of being a nonresi- spouses. However, when a spouse is overseas in a com-, dent alien? If you are required to file a federal tax return, bat zone in a missing status incapacitated, , , or deceased, you must file Form 1040-NR, U.S. Nonresident Alien In- one spouse may sign for the other when the conditions come Tax Return. See the Instructions for Form 1040-NR described below are met. Otherwise, a power of attorney for information on who must file and filing status. may be needed. If you are a nonresident alien, you must generally pay Spouse overseas. If one spouse is overseas on mili- tax on income from conducting a trade or business in the tary duty, there are two options when filing a joint return. United States or other income from sources in the United • One spouse can prepare the return, sign it, and send it States. Your income from conducting a trade or business to the other spouse to sign early enough so that it can in the United States is taxed at graduated U.S. tax rates. be filed by the due date. Other income from U.S. sources is taxed at a flat 30% (or lower treaty) rate. For example, dividends from a U.S. cor- • The spouse who expects to be overseas on the due poration paid to a nonresident alien are generally subject date of the return can file Form 2848 specifically des- to a 30% (or lower treaty) rate. ignating that the spouse who remains in the United States can sign the return for the absent spouse. Dual-Status Aliens Spouse in combat zone. If your spouse is unable to sign the return because he or she is serving in a combat Am I a dual-status alien? You are a dual-status alien if zone or is performing qualifying service outside of a com- you are both a nonresident and resident alien during the bat zone, and you don't have a power of attorney or other same tax year. This usually occurs in the year you arrive in statement, you can sign for your spouse. Attach a signed or depart from the United States. statement to your return that explains that your spouse is serving in a combat zone. What are the tax consequences of being a dual-sta- tus alien? If you are a dual-status alien, you are taxed on Spouse in missing status. The spouse of a member income from all sources for the part of the year you are a of the Armed Forces who is in a missing status in a com- resident alien. Generally, for the part of the year you are a bat zone can still file a joint return. A joint return can be nonresident alien, you are taxed only on income from filed for any year beginning not more than 2 years after the sources in the United States. See the Instructions for Form end of the combat zone activities. A joint return filed under 1040-NR for more information. these conditions is valid even if it is later determined that the missing spouse died before the year covered by the return. Signing Returns Spouse incapacitated. If your spouse can't sign be- cause of disease or injury and he or she tells you to sign, Generally, you must sign your return. If you e-file your tax you can sign your spouse's name in the proper space on return, you must sign the return electronically using a per- the return, followed by the words “by [your name], Hus- sonal identification number (PIN). If you are filing online band (or Wife).” Be sure to sign your name in the space using software, you must use a Self-Select PIN. If you are provided for your signature. Attach a dated statement, filing electronically using a tax practitioner, you can use a signed by you, to your return. The statement should in- Self-Select PIN or a Practitioner PIN. See Electronic Re- clude the form number of the return you are filing, the tax turn Signatures in your tax return instructions. year, the reason your spouse couldn't sign, and that your spouse has agreed to your signing for him or her. Publication 3 (2023) 33 |
Page 34 of 38 Fileid: … cations/p3/2023/a/xml/cycle05/source 13:04 - 7-Feb-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Spouse died during the year. If one spouse died Also, the IRS offers Free Fillable Forms, which can during the year and the surviving spouse didn't remarry be completed online and then e-filed regardless of in- before the end of the year, the surviving spouse can file a come. joint return for that year, writing in the signature area “Fil- ing as surviving spouse.” If an executor or administrator Using online tools to help prepare your return. Go to has been appointed, both he or she and the surviving IRS.gov/Tools for the following. spouse must sign the return filed for the decedent. • The Earned Income Tax Credit Assistant IRS.gov/ ( EITCAssistant) determines if you’re eligible for the earned income credit (EIC). How To Get Tax Help • The Online EIN Application IRS.gov/EIN ( ) helps you get an employer identification number (EIN) at no If you have questions about a tax issue; need help prepar- cost. ing your tax return; or want to download free publications, forms, or instructions, go to IRS.gov to find resources that • The Tax Withholding Estimator IRS.gov/W4App ( ) can help you right away. makes it easier for you to estimate the federal income tax you want your employer to withhold from your pay- Preparing and filing your tax return. After receiving all check. This is tax withholding. See how your withhold- your wage and earnings statements (Forms W-2, W-2G, ing affects your refund, take-home pay, or tax due. 1099-R, 1099-MISC, 1099-NEC, etc.); unemployment • The First-Time Homebuyer Credit Account Look-up compensation statements (by mail or in a digital format) or (IRS.gov/HomeBuyer) tool provides information on other government payment statements (Form 1099-G); your repayments and account balance. and interest, dividend, and retirement statements from banks and investment firms (Forms 1099), you have sev- • The Sales Tax Deduction Calculator IRS.gov/ ( eral options to choose from to prepare and file your tax re- SalesTax) figures the amount you can claim if you turn. You can prepare the tax return yourself, see if you itemize deductions on Schedule A (Form 1040). qualify for free tax preparation, or hire a tax professional to Getting answers to your tax questions. On prepare your return. IRS.gov, you can get up-to-date information on current events and changes in tax law. Free options for tax preparation. Your options for pre- paring and filing your return online or in your local com- • IRS.gov/Help: A variety of tools to help you get an- munity, if you qualify, include the following. swers to some of the most common tax questions. • Free File. This program lets you prepare and file your • IRS.gov/ITA: The Interactive Tax Assistant, a tool that federal individual income tax return for free using soft- will ask you questions and, based on your input, pro- ware or Free File Fillable Forms. However, state tax vide answers on a number of tax topics. preparation may not be available through Free File. Go • IRS.gov/Forms: Find forms, instructions, and publica- to IRS.gov/FreeFile to see if you qualify for free online tions. You will find details on the most recent tax federal tax preparation, e-filing, and direct deposit or changes and interactive links to help you find answers payment options. to your questions. • VITA. The Volunteer Income Tax Assistance (VITA) • You may also be able to access tax information in your program offers free tax help to people with e-filing software. low-to-moderate incomes, persons with disabilities, and limited-English-speaking taxpayers who need help preparing their own tax returns. Go to IRS.gov/ Need someone to prepare your tax return? There are VITA, download the free IRS2Go app, or call various types of tax return preparers, including enrolled 800-906-9887 for information on free tax return prepa- agents, certified public accountants (CPAs), accountants, ration. and many others who don’t have professional credentials. If you choose to have someone prepare your tax return, • TCE. The Tax Counseling for the Elderly (TCE) pro- choose that preparer wisely. A paid tax preparer is: gram offers free tax help for all taxpayers, particularly those who are 60 years of age and older. TCE volun- • Primarily responsible for the overall substantive accu- teers specialize in answering questions about pen- racy of your return, sions and retirement-related issues unique to seniors. • Required to sign the return, and Go to IRS.gov/TCE or download the free IRS2Go app for information on free tax return preparation. • Required to include their preparer tax identification number (PTIN). • MilTax. Members of the U.S. Armed Forces and quali- fied veterans may use MilTax, a free tax service of- Although the tax preparer always signs the return, fered by the Department of Defense through Military ! you're ultimately responsible for providing all the OneSource. For more information, go to CAUTION information required for the preparer to accurately MilitaryOneSource MilitaryOneSource.mil/MilTax ( ). prepare your return and for the accuracy of every item re- ported on the return. Anyone paid to prepare tax returns for others should have a thorough understanding of tax 34 Publication 3 (2023) |
Page 35 of 38 Fileid: … cations/p3/2023/a/xml/cycle05/source 13:04 - 7-Feb-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. matters. For more information on how to choose a tax pre- Note. Form 9000, Alternative Media Preference, or parer, go to Tips for Choosing a Tax Preparer on IRS.gov. Form 9000(SP) allows you to elect to receive certain types of written correspondence in the following formats. Employers can register to use Business Services On- • Standard Print. line. The Social Security Administration (SSA) offers on- • Large Print. line service at SSA.gov/employer for fast, free, and secure • Braille. W-2 filing options to CPAs, accountants, enrolled agents, and individuals who process Form W-2, Wage and Tax • Audio (MP3). Statement, and Form W-2c, Corrected Wage and Tax • Plain Text File (TXT). Statement. • Braille Ready File (BRF). IRS social media. Go to IRS.gov/SocialMedia to see the various social media tools the IRS uses to share the latest Disasters. Go to IRS.gov/DisasterRelief to review the information on tax changes, scam alerts, initiatives, prod- available disaster tax relief. ucts, and services. At the IRS, privacy and security are our Getting tax forms and publications. Go to IRS.gov/ highest priority. We use these tools to share public infor- Forms to view, download, or print all the forms, instruc- mation with you. Don’t post your social security number tions, and publications you may need. Or, you can go to (SSN) or other confidential information on social media IRS.gov/OrderForms to place an order. sites. Always protect your identity when using any social networking site. Getting tax publications and instructions in eBook The following IRS YouTube channels provide short, in- format. Download and view most tax publications and in- formative videos on various tax-related topics in English, structions (including the Instructions for Form 1040) on Spanish, and ASL. mobile devices as eBooks at IRS.gov/eBooks. • Youtube.com/irsvideos. IRS eBooks have been tested using Apple's iBooks for iPad. Our eBooks haven’t been tested on other dedicated • Youtube.com/irsvideosmultilingua. eBook readers, and eBook functionality may not operate • Youtube.com/irsvideosASL. as intended. Watching IRS videos. The IRS Video portal Access your online account (individual taxpayers (IRSVideos.gov) contains video and audio presentations only). Go to IRS.gov/Account to securely access infor- for individuals, small businesses, and tax professionals. mation about your federal tax account. • View the amount you owe and a breakdown by tax Online tax information in other languages. You can year. find information on IRS.gov/MyLanguage if English isn’t your native language. • See payment plan details or apply for a new payment plan. Free Over-the-Phone Interpreter (OPI) Service. The • Make a payment or view 5 years of payment history IRS is committed to serving taxpayers with limited-English and any pending or scheduled payments. proficiency (LEP) by offering OPI services. The OPI Serv- ice is a federally funded program and is available at Tax- • Access your tax records, including key data from your payer Assistance Centers (TACs), most IRS offices, and most recent tax return, and transcripts. every VITA/TCE tax return site. The OPI Service is acces- • View digital copies of select notices from the IRS. sible in more than 350 languages. • Approve or reject authorization requests from tax pro- Accessibility Helpline available for taxpayers with fessionals. disabilities. Taxpayers who need information about ac- • View your address on file or manage your communica- cessibility services can call 833-690-0598. The Accessi- tion preferences. bility Helpline can answer questions related to current and future accessibility products and services available in al- Get a transcript of your return. With an online account, ternative media formats (for example, braille, large print, you can access a variety of information to help you during audio, etc.). The Accessibility Helpline does not have ac- the filing season. You can get a transcript, review your cess to your IRS account. For help with tax law, refunds, or most recently filed tax return, and get your adjusted gross account-related issues, go to IRS.gov/LetUsHelp. income. Create or access your online account at IRS.gov/ Account. Tax Pro Account. This tool lets your tax professional submit an authorization request to access your individual taxpayer IRS online account. For more information, go to IRS.gov/TaxProAccount. Using direct deposit. The safest and easiest way to re- ceive a tax refund is to e-file and choose direct deposit, Publication 3 (2023) 35 |
Page 36 of 38 Fileid: … cations/p3/2023/a/xml/cycle05/source 13:04 - 7-Feb-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. which securely and electronically transfers your refund di- • Electronic Funds Withdrawal: Schedule a payment rectly into your financial account. Direct deposit also when filing your federal taxes using tax return prepara- avoids the possibility that your check could be lost, stolen, tion software or through a tax professional. destroyed, or returned undeliverable to the IRS. Eight in • Electronic Federal Tax Payment System: Best option 10 taxpayers use direct deposit to receive their refunds. If for businesses. Enrollment is required. you don’t have a bank account, go to IRS.gov/ DirectDeposit for more information on where to find a bank • Check or Money Order: Mail your payment to the ad- or credit union that can open an account online. dress listed on the notice or instructions. Reporting and resolving your tax-related identity • Cash: You may be able to pay your taxes with cash at a participating retail store. theft issues. • Tax-related identity theft happens when someone • Same-Day Wire: You may be able to do same-day wire from your financial institution. Contact your finan- steals your personal information to commit tax fraud. cial institution for availability, cost, and time frames. Your taxes can be affected if your SSN is used to file a fraudulent return or to claim a refund or credit. Note. The IRS uses the latest encryption technology to • The IRS doesn’t initiate contact with taxpayers by ensure that the electronic payments you make online, by email, text messages (including shortened links), tele- phone, or from a mobile device using the IRS2Go app are phone calls, or social media channels to request or safe and secure. Paying electronically is quick, easy, and verify personal or financial information. This includes faster than mailing in a check or money order. requests for personal identification numbers (PINs), passwords, or similar information for credit cards, What if I can’t pay now? Go to IRS.gov/Payments for banks, or other financial accounts. more information about your options. • Go to IRS.gov/IdentityTheft, the IRS Identity Theft • Apply for an online payment agreement IRS.gov/ ( Central webpage, for information on identity theft and OPA) to meet your tax obligation in monthly install- data security protection for taxpayers, tax professio- ments if you can’t pay your taxes in full today. Once nals, and businesses. If your SSN has been lost or you complete the online process, you will receive im- stolen or you suspect you’re a victim of tax-related mediate notification of whether your agreement has identity theft, you can learn what steps you should been approved. take. • Use the Offer in Compromise Pre-Qualifier to see if • Get an Identity Protection PIN (IP PIN). IP PINs are you can settle your tax debt for less than the full six-digit numbers assigned to taxpayers to help pre- amount you owe. For more information on the Offer in vent the misuse of their SSNs on fraudulent federal in- Compromise program, go to IRS.gov/OIC. come tax returns. When you have an IP PIN, it pre- Filing an amended return. Go to IRS.gov/Form1040X vents someone else from filing a tax return with your for information and updates. SSN. To learn more, go to IRS.gov/IPPIN. Checking the status of your amended return. Go to Ways to check on the status of your refund. IRS.gov/WMAR to track the status of Form 1040-X amen- • Go to IRS.gov/Refunds. ded returns. • Download the official IRS2Go app to your mobile de- It can take up to 3 weeks from the date you filed vice to check your refund status. ! your amended return for it to show up in our sys- CAUTION tem, and processing it can take up to 16 weeks. • Call the automated refund hotline at 800-829-1954. The IRS can’t issue refunds before mid-February Understanding an IRS notice or letter you’ve re- ! for returns that claimed the EIC or the additional ceived. Go to IRS.gov/Notices to find additional informa- CAUTION child tax credit (ACTC). This applies to the entire tion about responding to an IRS notice or letter. refund, not just the portion associated with these credits. Responding to an IRS notice or letter. You can now Making a tax payment. Payments of U.S. tax must be upload responses to all notices and letters using the remitted to the IRS in U.S. dollars. Digital assets are not Document Upload Tool. For notices that require additional accepted. Go to IRS.gov/Payments for information on how action, taxpayers will be redirected appropriately on to make a payment using any of the following options. IRS.gov to take further action. To learn more about the tool, go to IRS.gov/Upload. • IRS Direct Pay: Pay your individual tax bill or estimated tax payment directly from your checking or savings ac- Note. You can use Schedule LEP (Form 1040), Re- count at no cost to you. quest for Change in Language Preference, to state a pref- • Debit Card, Credit Card, or Digital Wallet: Choose an erence to receive notices, letters, or other written commu- approved payment processor to pay online or by nications from the IRS in an alternative language. You may phone. not immediately receive written communications in the re- quested language. The IRS’s commitment to LEP 36 Publication 3 (2023) |
Page 37 of 38 Fileid: … cations/p3/2023/a/xml/cycle05/source 13:04 - 7-Feb-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. taxpayers is part of a multi-year timeline that began pro- • You face (or your business is facing) an immediate viding translations in 2023. You will continue to receive threat of adverse action; or communications, including notices and letters, in English • You’ve tried repeatedly to contact the IRS but no one until they are translated to your preferred language. has responded, or the IRS hasn’t responded by the Contacting your local TAC. Keep in mind, many ques- date promised. tions can be answered on IRS.gov without visiting a TAC. Go to IRS.gov/LetUsHelp for the topics people ask about How Can You Reach TAS? most. If you still need help, TACs provide tax help when a tax issue can’t be handled online or by phone. All TACs TAS has offices in every state, the District of Columbia, now provide service by appointment, so you’ll know in ad- and Puerto Rico. To find your advocate’s number: vance that you can get the service you need without long • Go to TaxpayerAdvocate.IRS.gov/Contact-Us; wait times. Before you visit, go to IRS.gov/TACLocator to • Download Pub. 1546, The Taxpayer Advocate Service find the nearest TAC and to check hours, available serv- Is Your Voice at the IRS, available at IRS.gov/pub/irs- ices, and appointment options. Or, on the IRS2Go app, pdf/p1546.pdf; under the Stay Connected tab, choose the Contact Us op- tion and click on “Local Offices.” • Call the IRS toll free at 800-TAX-FORM (800-829-3676) to order a copy of Pub. 1546; The Taxpayer Advocate Service (TAS) • Check your local directory; or Is Here To Help You • Call TAS toll free at 877-777-4778. What Is TAS? How Else Does TAS Help Taxpayers? TAS is an independent organization within the IRS that helps taxpayers and protects taxpayer rights. TAS strives TAS works to resolve large-scale problems that affect to ensure that every taxpayer is treated fairly and that you many taxpayers. If you know of one of these broad issues, know and understand your rights under the Taxpayer Bill report it to TAS at IRS.gov/SAMS. Be sure to not include of Rights. any personal taxpayer information. How Can You Learn About Your Taxpayer Low Income Taxpayer Clinics (LITCs) Rights? LITCs are independent from the IRS and TAS. LITCs rep- The Taxpayer Bill of Rights describes 10 basic rights that resent individuals whose income is below a certain level all taxpayers have when dealing with the IRS. Go to and who need to resolve tax problems with the IRS. LITCs TaxpayerAdvocate.IRS.gov to help you understand what can represent taxpayers in audits, appeals, and tax collec- these rights mean to you and how they apply. These are tion disputes before the IRS and in court. In addition, your rights. Know them. Use them. LITCs can provide information about taxpayer rights and responsibilities in different languages for individuals who What Can TAS Do for You? speak English as a second language. Services are offered for free or a small fee. For more information or to find an TAS can help you resolve problems that you can’t resolve LITC near you, go to the LITC page at with the IRS. And their service is free. If you qualify for TaxpayerAdvocate.IRS.gov/LITC or see IRS Pub. 4134, their assistance, you will be assigned to one advocate Low Income Taxpayer Clinic List, at IRS.gov/pub/irs-pdf/ who will work with you throughout the process and will do p4134.pdf. everything possible to resolve your issue. TAS can help you if: • Your problem is causing financial difficulty for you, your family, or your business; Publication 3 (2023) 37 |
Page 38 of 38 Fileid: … cations/p3/2023/a/xml/cycle05/source 13:04 - 7-Feb-2024 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. Extensions while in: Modified adjusted gross income A Combat zone 29 (MAGI): Additional child tax credit 20 Contingency operation 29 Child tax credit limits 19 Adoption: Moving expenses 12 Child tax credit 19 F Afghanistan 15 Family 19 N Aliens 31 (See also Child tax credit) Nonresident aliens 33 Arabian Peninsula 15 Filing returns 27 Assistance (See Tax help) First-time homebuyer credit P repayment 25 Personal representative 25 C Foreclosures: Power of attorney 33 Child tax credit: Mortgage settlement payouts 17 Publications (See Tax help) Limits: Foreign income 9 Modified adjusted gross Foreign moves 13 Q income 19 Forms: Qualifying child 21 Qualifying child 18 1040 13 27, Child tax credit and credit for other 1040-NR 33 R dependents 18 2848 33 Reimbursements: Child, qualifying 21 3903 12 Moving and storage 12 Claims for tax forgiveness 26 4868 29 Reservists: Codes, W-2 10 W-2 10 23, Travel 11 Combat zone: Foster care: Resident aliens 32 Election to include pay for earned Child tax credit 18 Returns: income credit 23 Filing 27 Exclusion 14 G Signing 33 Extension of deadlines 29 Gross income 5 Related forgiveness 25 S Community property 9 26, H Sale of home 16 Contingency operation 29 Home: Same-sex marriage 27 Credits: Sale of 16 SCRA violation payouts 17 Additional child tax 20 Homebuyer credit 25 Separate returns 29 Child tax and credit for other Hospitalization 16 30, Servicemembers Civil Relief Act 31 dependents 18 Serving in a combat zone 16 Earned income 20 I Sinai Peninsula 15 Excess social security tax Income: Social security numbers (SSNs): withheld 24 Foreign source 9 Earned income credit 22 D Gross 5 Spouse: Individual retirement Deadline extension 29 Decedents 25 arrangements 11 Died 34 Disability Severance Payments to Installment agreement: Incapacitated 33 Veterans 8 Payment deferment 31 Dual-status aliens 33 Missing 33 Interest rate (maximum) 31 Nonresident alien 32 E Iraq 15 Overseas 33 State bonus payments 8 Earned income credit 20 J Social security card 22 Joint returns 26 29 33, , T Social security number 22 Tax forgiven 25 Excess social security tax withheld K credit 24 Tax help 33 34, Expenses: Kosovo 15 Terrorist related forgiveness 25 Moving 12 M Extensions: W Generally 28 Military action related When to file 27 forgiveness 25 Extensions of: Where to file 27 Missing status 25 29 33, , Deadlines 28 Time to file 28 29, Y Time to pay 28 29 31, , Yugoslavia 15 38 Publication 3 (2023) |