Userid: CPM Schema: tipx Leadpct: 100% Pt. size: 10 Draft Ok to Print AH XSL/XML Fileid: … cations/p3/2022/a/xml/cycle03/source (Init. & Date) _______ Page 1 of 39 17:45 - 26-Jan-2023 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 . . . . . . . . . . . . . . . . . . . . . . . 6 Servicemembers’ Government Pay Items Excluded From Gross Income . . . . . . . . . . . . . 6 Tax Guide Income Items of Special Interest . . . . . . . . . . . . . 7 Foreign Source Income . . . . . . . . . . . . . . . . . . . . 9 For use in preparing Community Property . . . . . . . . . . . . . . . . . . . . . 10 Domicile . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 2022 Returns Nevada, Washington, and California Domestic Partners . . . . . . . . . . . . . . . . . . . . 10 Form W-2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Adjustments to Income . . . . . . . . . . . . . . . . . . . . 11 Travel Expenses of Armed Forces Reservists . . . 11 Individual Retirement Arrangements (IRAs) . . . . 12 Moving Expenses . . . . . . . . . . . . . . . . . . . . . . . 13 Income Exclusions for Armed Forces Members in Combat Zones . . . . . . . . . . . . . . . . . . . . . . 14 Combat Zone Exclusion . . . . . . . . . . . . . . . . . . . . 15 How Much of My Combat Zone Pay Can I Exclude? . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 How Do I Report the Combat Zone Exclusion? . . . . . . . . . . . . . . . . . . . . . . . . . . 15 What Is Combat Zone Pay? . . . . . . . . . . . . . . . . 15 Combat Zone Defined . . . . . . . . . . . . . . . . . . . . 15 Service Eligible for Combat Zone Exclusion . . . . 16 Gain or Loss From Sale of Home . . . . . . . . . . . . . 17 Foreclosures . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Itemized Deductions . . . . . . . . . . . . . . . . . . . . . . 18 Repayments to Your Employer . . . . . . . . . . . . . 18 Credits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Child Tax Credit, Credit for Other Dependents, and Additional Child Tax Credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Additional Child Tax Credit (ACTC) . . . . . . . . . . 20 Earned Income Credit (EIC) . . . . . . . . . . . . . . . . 21 Credit for Excess Social Security Tax Withheld . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 First-Time Homebuyer Credit Repayment . . . . . . 25 Forgiveness of Decedent's Tax Liability . . . . . . . 26 Combat Zone Related Forgiveness . . . . . . . . . . 26 Terrorist or Military Action Related Get forms and other information faster and easier at: Forgiveness . . . . . . . . . . . . . . . . . . . . . . . . . 26 • 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) Jan 26, 2023 |
Page 2 of 39 Fileid: … cations/p3/2022/a/xml/cycle03/source 17:45 - 26-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Filing Returns . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 through 1z. Some amounts that in prior years were repor- Where To File My Return . . . . . . . . . . . . . . . . . . 28 ted on Form 1040, and some amounts reported on Form When To File My Return . . . . . . . . . . . . . . . . . . 28 1040-SR are now reported on Schedule 1 (Form 1040). When Is the Latest I Can Pay My Tax? . . . . . . . . . 28 • Scholarships and fellowship grants are now reported on Schedule 1, line 8r. Extensions of Deadlines To File Your Tax • Pension or annuity from a nonqualified deferred com- Return, To Pay Your Taxes, and for Other pensation plan or a nongovernmental section 457 plan Actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 are now reported on Schedule 1, line 8t. Can I Get an Extension To File My Return if I Am Not in a Combat Zone or a • Wages earned while incarcerated are now reported Contingency Operation? . . . . . . . . . . . . . . . . 29 on Schedule 1, line 8u. Are There Filing, Tax Payment, and Other Credits for sick and family leave for certain self-em- Extensions Specifically for Those in a ployed individuals are not available. The credit for Combat Zone or a Contingency sick and family leave for certain self-employed individuals Operation? . . . . . . . . . . . . . . . . . . . . . . . . . . 30 were not extended and you can no longer claim these Can I Get an Extension To Pay My Tax if I Am credits. Not in a Combat Zone or a Contingency New line 6c on Form 1040 and 1040-SR. A checkbox Operation? . . . . . . . . . . . . . . . . . . . . . . . . . . 32 was added on line 6c. Taxpayers who elect to use the Maximum Rate of Interest When There Is lump-sum election method for their benefits will check this Hardship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 box. See Instructions for Form 1040. Credit for child and dependent care expenses. The Tax Returns of Aliens . . . . . . . . . . . . . . . . . . . . . . 32 changes to the credit for child and dependent care expen- Resident Aliens . . . . . . . . . . . . . . . . . . . . . . . . 33 ses implemented by the American Rescue Plan Act of Nonresident Aliens . . . . . . . . . . . . . . . . . . . . . . 33 2021 (ARP) were not extended. For 2022, the credit for Dual-Status Aliens . . . . . . . . . . . . . . . . . . . . . . 33 the child and dependent care expenses is nonrefundable. The dollar limit on qualifying expenses is $3,000 for one Signing Returns . . . . . . . . . . . . . . . . . . . . . . . . . . 34 qualifying person and $6,000 for two or more qualifying How To Get Tax Help . . . . . . . . . . . . . . . . . . . . . . 34 persons. The maximum credit amount allowed is 35% of your employment-related expenses. For more information, Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 see the Instructions for Form 2441 and Pub. 503. Child tax credit and additional child tax credit. The many changes to the child tax credit (CTC) implemented What's New by ARP were not extended. For 2022, Due date of return. File Form 1040 or 1040-SR by April • The initial credit amount of the CTC is $2,000 for each qualifying child. 18, 2023. The due date is April 18, instead of April 15, be- cause of the Emancipation Day holiday in the District of • The amount of CTC that can be claimed as a refunda- Columbia even if you don't live in the District of Columbia. ble credit is limited as it was in 2020, except the maxi- Filing status name changed to qualifying surviving mum additional child tax credit amount (ACTC) has in- spouse. The filing status qualifying widow(er) is now creased to $1,500 for each qualifying child. called qualifying surviving spouse. The rules for the filing • A child must be under age 17 at the end of 2022 to be status have not changed. The same rules that applied for a qualifying child. qualifying widow(er) apply to qualifying surviving spouse. • Bona fide residents of Puerto Rico are no longer re- Who must file. Generally, the amount of income you quired to have three or more qualifying children to be can receive before you must file a return has been in- eligible to claim the ACTC. Bona fide residents of Pu- creased. For more information, see the Instructions for erto Rico may be eligible to claim the ACTC if they Form 1040. have one or more qualifying children. Standard deduction amount increased. For 2022, the For more information, see the Instructions for Schedule standard deduction amount has been increased for all fil- 8812 (Form 1040). ers. The amounts are: Advance child tax credit payments. Advance child tax • Single or Married filing separately—$12,950; credit payments have not been issued for 2022. • Married filing jointly or Qualifying surviving Delayed refund for returns claiming ACTC. The IRS spouse—$25,900; and cannot issue refunds before mid-February 2023 for re- turns that properly claim ACTC. This time frame applies to • Head of household—$19,400. the entire refund, not just the portion associated with For more information, see the Instructions for Form 1040. ACTC. New lines 1a through 1z on Form 1040 and 1040-SR. Changes to the earned income credit (EIC). The en- This year, line 1 is expanded and there are new lines 1a hancements for taxpayers without a qualifying child Page 2 Publication 3 (2022) |
Page 3 of 39 Fileid: … cations/p3/2022/a/xml/cycle03/source 17:45 - 26-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. implemented by ARP don't apply for 2022. This means, to modified AGI is more than zero. You can't make a claim the EIC without a qualifying child in 2022, you must Roth IRA contribution if your modified AGI is $10,000 be at least age 25 but under age 65 at the end of 2022. If or more. See Can You Contribute to a Roth IRA in you are married filing a joint return, either you or your Pub. 590-A. spouse must be at least age 25 but under age 65 at the 2023 modified AGI limits. You can find information end of 2022. It doesn't matter which spouse meets the about the 2023 contribution and AGI limits in Pub. 590-A. age requirement, as long as one of the spouses does. Tax law changes for 2022. When you figure how much Nontaxable Medicaid waiver payments on Schedule. income tax you want withheld from your pay and when In 2021, the nontaxable amount of Medicaid waiver pay- you figure your estimated tax, consider tax law changes ments were reported on Schedule 1, line 8z. In 2022, effective in 2022. For more information, see Pub. 505, Tax these amounts will be reported on Schedule 1, line 8s. Withholding and Estimated Tax. Nontaxable combat pay election. In 2021, the amount of your nontaxable combat pay was reported on Form Alternative minimum tax (AMT) exemption amount 1040 or 1040-SR, line 27b. In 2022, these amounts will be increased. The AMT exemption amount is increased to reported on Form 1040 or 1040-SR, line 1i. $75,900 ($118,100 if married filing jointly or qualifying sur- viving spouse; $59,050 if married filing separately). The Standard mileage rates. The 2022 rate for business use amount used to determine the phaseout of your exemp- of a vehicle is 58.5 cents a mile from January 1, 2022 to tion has increased to $539,900 ($1,079,800 if married fil- June 30, 2022, and 62.5 cents a mile from July 1, 2022 to ing jointly or qualifying surviving spouse). December 31, 2022. The 2022 rate for use of your vehicle to do volunteer work for certain charitable organizations is Adoption credit. The adoption credit and the exclusion 14 cents a mile from January 1, 2022 to December 31, for employer-provided adoption benefits have both in- 2022. The 2022 rate for operating expenses for a car creased to $14,890 per eligible child in 2022. The amount when you use it for medical reasons are 18 cents a mile begins to phase out if you have modified AGI in excess of from January 1, 2022 to June 30, 2022, and 22 cents a $223,410 and is completely phased out if your modified mile from July 1, 2022 to December 31, 2022. AGI is $263,410 or more. Modified AGI limit for traditional IRA contributions. New reporting requirements for Form 1099-K. Form For 2022, if you are covered by a retirement plan at work, 1099-K is issued by third party settlement organizations your deduction for contributions to a traditional IRA is re- and credit card companies to report payment transactions duced (phased out) if your modified AGI is: made to you for goods and services. You must report all income on your tax return unless • More than $109,000 but less than $129,000 for a mar- excluded by law, whether you received the income elec- ried couple filing a joint return or a qualifying surviving tronically or not, and whether you received a Form 1099-K spouse, or not. The box 1a and other amounts reported on Form • More than $68,000 but less than $78,000 for a single 1099-K are additional pieces of information to help deter- individual or head of house-hold, or mine the correct amounts to report on your return. If you • Less than $10,000 for a married individual filing a sep- received a Form 1099-K that shows payments you didn't arate return. receive or is otherwise incorrect, contact the Form 1099-K issuer. Don't contact the IRS; the IRS can't correct an in- If you either live with your spouse or file a joint return, and correct Form 1099-K. If you can't get it corrected, or you your spouse is covered by a retirement plan at work but sold a personal item at a loss, see the instructions for you aren't, your deduction is phased out if your modified Schedule 1, lines 8z and 24z, later, for more reporting in- AGI is more than $204,000 but less than $214,000. If your formation. modified AGI is $214,000 or more, you can't take a deduc- All IRS information about Form 1099-K is available by tion for contributions to a traditional IRA. See How Much going to IRS.gov/1099K. Can You Deduct in Pub. 590-A, Contributions to Individual Retirement Arrangements (IRAs). Modified AGI limit for Roth IRA contributions. For 2022, your Roth IRA contribution limit is reduced (phased Reminders out) in the following situations. Future developments. For the latest information about • Your filing status is married filing jointly or qualifying developments related to Pub. 3, such as legislation enac- surviving spouse and your modified AGI is at least ted after it was published, go to IRS.gov/Pub3. $204,000. You can't make a Roth IRA contribution if your modified AGI is $214,000 or more. Change of address. If you change your mailing address, be sure to notify the IRS using Form 8822, Change of Ad- • Your filing status is single, head of household, or mar- dress. Mail it to the Internal Revenue Service Center for ried filing separately and you didn't live with your your old address. (Addresses for the Service Centers are spouse at any time in 2022 and your modified AGI is on the back of the form.) Use Form 8822-B, Change of at least $129,000. You can't make a Roth IRA contri- Address or Responsible Party—Business, if you are bution if your modified AGI is $144,000 or more. changing a business address. • Your filing status is married filing separately, you lived Tuition and fees deduction not available. The tuition with your spouse at any time during the year, and your and fees deduction is not available after 2020. Instead, Publication 3 (2022) Page 3 |
Page 4 of 39 Fileid: … cations/p3/2022/a/xml/cycle03/source 17:45 - 26-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. the income limitations for the lifetime learning credit have additional tax for early distributions. For more information, been increased. See Form 8863 and its instructions. see Pub. 590-B. Form 1040-X continuous-use form and instructions. Third party designee. You can check the “Yes” box in Form 1040-X, Amended U.S. Individual Income Tax Re- the Third Party Designee area of your return to authorize turn, and its instructions have been converted from an an- the IRS to discuss your return with your preparer, a friend, nual revision to continuous use beginning in tax year a family member, or any other person you choose. This al- 2021. Both the form and instructions will be updated as re- lows the IRS to call the person you identified as your des- quired. For the most recent version, go to IRS.gov/ ignee to answer any questions that may arise during the Form1040X. Section discussions and charts that were up- processing of your tax return. It also allows your designee dated annually have been removed, or replaced with ref- to perform certain actions. See your income tax return in- erences to relevant forms, schedules, instructions, and structions for details. publications. See the forms, schedules, instructions, and Penalty for failure to file. If your return is more than 60 publications for the year of the tax return you are amend- days late, the minimum penalty will be $435 or the amount ing for guidance on specific topics. of any tax you owe, whichever is smaller. Electronic filing available for Form 1040-X. You can file Form 1040-X electronically with tax filing software to Educational assistance benefits. If you receive educa- amend 2019 or later Forms 1040 or 1040-SR. See tional assistance benefits from your employer under an IRS.gov/Filing/Amended-Return-Frequently-Asked- educational assistance program, you can exclude up to Questions for more information. $5,250 of those benefits. All taxpayers now eligible for Identity Protection PIN. Abbreviations. The following abbreviations will be used Beginning in 2021, the IRS Identity Protection PIN (IP PIN) in this publication when appropriate. Opt-In Program has been expanded to all taxpayers who • ACTC means additional child tax credit. can properly verify their identity. An IP PIN helps prevent your social security number from being used to file a frau- • ATIN means adoption taxpayer identification number. dulent federal income tax return. You can use the Get An • ITIN means individual taxpayer identification number. IP Pin tool on IRS.gov to request an IP PIN, file Form • ODC means credit for other dependents. 15227 if your adjusted gross income is $73,000 or less, or make an appointment to visit a Taxpayer Assistance Cen- • SSN means social security number. ter. • TIN means taxpayer identification number. A TIN may Business meals. Section 210 of the Taxpayer Certainty be an ATIN, an ITIN, or an SSN. and Disaster Tax Relief Act of 2020 provides for the tem- Other abbreviations may be used in this publication and porary allowance of a 100% business meal deduction for will be defined as needed. food or beverages provided by a restaurant and paid or in- curred after December 31, 2020, and before January 1, Photographs of missing children. The IRS is a proud 2023. partner with the National Center for Missing & Exploited Children® (NCMEC). Photographs of missing children se- Veterans' disability severance payments received af- lected by the Center may appear in this publication on pa- ter 1991. There may still be time for some veterans to ges that would otherwise be blank. You can help bring claim their refund for disability severance payments they these children home by looking at the photographs and received after 1991 and claimed as income. These veter- calling 1-800-THE-LOST (1-800-843-5678) if you recog- ans should take action soon if they received a notice and nize a child. haven’t already filed Form 1040-X to claim a refund or credit of the overpayment attributable to the disability sev- erance payment. See Disability Severance Payments to Veterans, later, for the filing deadline. Introduction Alimony and separate maintenance payments. This publication covers the special tax situations of active Amounts paid as alimony or separate maintenance pay- members of the U.S. Armed Forces. ments under a divorce or separation agreement executed For federal tax purposes, the U.S. Armed Forces in- after 2018 won't be deductible by the payer. Such cludes commissioned officers, warrant officers, and enlis- amounts also won't be includible in the income of the re- ted personnel in all regular and reserve units under control cipient. Amounts received as alimony or separate mainte- of the Secretaries of the Defense, Army, Navy, and Air nance pursuant to a divorce or separation agreement exe- Force. The U.S. Armed Forces also includes the Coast cuted on or before December 31, 2018, are includible in Guard. The Public Health Service and the National Oce- the recipient’s income unless that agreement was modi- anic and Atmospheric Administration can also receive fied after December 31, 2018, to expressly provide that many of the same tax benefits. The U.S. Armed Forces alimony received isn't included in your income. See your doesn't include the U.S. Merchant Marine or the American tax return instructions and Pub. 555. Red Cross. Qualified birth or adoption distribution. Beginning in Members serving in an area designated or treated as a tax years after December 31, 2019, you can take a distri- combat zone are granted special tax benefits. In the event bution from your IRA without it being subject to the 10% an area ceases to be a combat zone, the IRS will do its Page 4 Publication 3 (2022) |
Page 5 of 39 Fileid: … cations/p3/2022/a/xml/cycle03/source 17:45 - 26-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. best to notify you. Many of the relief provisions will end at 503 503 Child and Dependent Care Expenses that time. 505 505 Tax Withholding and Estimated Tax Throughout this publication, we reference “com- 516 TIP bat zone exclusion” and “combat zone pay.” 516 U.S. Government Civilian Employees Stationed These terms are also known as “combat zone ex- Abroad clusion” and “combat zone compensation,” respectively. 519 519 U.S. Tax Guide for Aliens 523 What isn't covered in this publication. This publication 523 Selling Your Home doesn't cover military retirement pay or veterans' benefits 525 525 Taxable and Nontaxable Income (except those discussed under Disability Severance Pay- 527 ments to Veterans, later) or give the basic tax rules that 527 Residential Rental Property apply to all taxpayers. For information on military retire- 529 529 Miscellaneous Deductions ment pay or veterans' benefits, see Pub. 525, Taxable and Nontaxable Income. If you need the basic tax rules or in- 555 555 Community Property formation on another subject not covered here, you can 559 559 Survivors, Executors, and Administrators check our other free publications. 590-A 590-A Contributions to Individual Retirement Comments and suggestions. We welcome your com- Arrangements (IRAs) ments about this publication and suggestions for future editions. 590-B 590-B Distributions from Individual Retirement You can send us comments through IRS.gov/ Arrangements (IRAs) FormComments. Or, you can write to the Internal Reve- 596 596 Earned Income Credit (EIC) nue Service, Tax Forms and Publications, 1111 Constitu- tion Ave. NW, IR-6526, Washington, DC 20224. 970 970 Tax Benefits for Education Although we can’t respond individually to each com- 3920 3920 Tax Relief for Victims of Terrorist Attacks ment received, we do appreciate your feedback and will consider your comments and suggestions as we revise Form (and Instructions) our tax forms, instructions, and publications. Don’t send tax questions, tax returns, or payments to the above ad- 1040 1040 U.S. Individual Income Tax Return dress. 1040-SR 1040-SR U.S. Income Tax Return for Seniors Getting answers to your tax questions. If you have 1040-X 1040-X Amended U.S. Individual Income Tax Return a tax question not answered by this publication or the How To Get Tax Help section at the end of this publication, go 1310 1310 Statement of Person Claiming Refund Due a to the IRS Interactive Tax Assistant page at IRS.gov/ Deceased Taxpayer Help/ITA where you can find topics by using the search 2555 2555 Foreign Earned Income feature or viewing the categories listed. 2848 Getting tax forms, instructions, and publications. 2848 Power of Attorney and Declaration of Go to IRS.gov/Forms to download current and prior-year Representative forms, instructions, and publications. 3903 3903 Moving Expenses Ordering tax forms, instructions, and publications. 4868 4868 Application for Automatic Extension of Time To Go to IRS.gov/OrderForms to order current forms, instruc- File U.S. Individual Income Tax Return tions, and publications; call 800-829-3676 to order prior-year forms and instructions. The IRS will process 8822 8822 Change of Address your order for forms and publications as soon as possible. 8822-B 8822-B Change of Address or Responsible Don’t resubmit requests you’ve already sent us. You can Party—Business get forms and publications faster online. 9465 9465 Installment Agreement Request Useful Items 8915 8915 Qualified Disaster Retirement Plan You may want to see: Distributions and Repayments Publication See How To Get Tax Help at the end of this publication for information about getting IRS publications and forms. 17 17 Your Federal Income Tax 54 54 Tax Guide for U.S. Citizens and Resident Aliens Abroad Gross Income 463 463 Travel, Gift, and Car Expenses Members of the Armed Forces receive many different 501 501 Dependents, Standard Deduction, and Filing types of pay and allowances. Some are included in gross Information income while others are excluded from gross income. Publication 3 (2022) Page 5 |
Page 6 of 39 Fileid: … cations/p3/2022/a/xml/cycle03/source 17:45 - 26-Jan-2023 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 Servicemembers’ Government Pay Servicemembers’ Government Pay Included in Gross Income Items Excluded From Gross Income You must report the items listed in Table 1 as gross in- Items in Table 2 aren't includible in your gross income come on your tax return unless the pay is for service in a though you may have to report them on your income tax combat zone. For pay for service in a combat zone, refer return. The list in Table 2 isn't exclusive. See your tax re- to Table 2. The items in Table 1 are taxable. The list in Ta- turn instructions for more information on specific items. ble 1 isn't exclusive. Also see Income Items of Special In- Also see Income Items of Special Interest, later. terest, later. Page 6 Publication 3 (2022) |
Page 7 of 39 Fileid: … cations/p3/2022/a/xml/cycle03/source 17:45 - 26-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Combat zone pay. You may also be able to exclude pay Qualified reservist distribution (QRD). The portion of for service in a combat zone even though that pay would your QRD reported by your employer as wages on Form otherwise be taxable. For information on the exclusion of W-2, Wage and Tax Statement, is included in your gross pay for service in a combat zone and other tax benefits for income and is taxable. The amount reported should be combat zone participants, see Combat Zone Exclusion the QRD reduced by the after-tax contributions to your and Are There Filing, Tax Payment, and Other Extensions health flexible spending arrangement. This amount is also Specifically for Those in a Combat Zone or a Contingency subject to employment taxes. Operation, later. What is a QRD? With reference to a cafeteria plan or Retroactive determination of nontaxable disa- health flexible spending account, a QRD is a distribution TIP bility severance payments. The Combat-In- to an individual of all or part of the individual's balance in a jured Veterans Tax Fairness Act of 2016 gives cafeteria plan or health flexible spending arrangement if: certain veterans who received disability severance pay- ments after January 17, 1991, additional time to file claims • The individual was a reservist who was ordered or called to active duty for more than 179 days or for an for a credit or refund relating to overpayments attributable indefinite period, and to these payments. Veterans affected by this legislation should have received a notice from the Department of De- • The distribution is made no sooner than the date the fense (DoD). See Disability Severance Payments to Vet- reservist was ordered or called to active duty and no erans, later, for details on the payments and for the dead- later than the last day reimbursements could other- line for making a claim for a credit or refund. wise be made under the arrangement for the plan year which includes the date of the order or the call to duty. Income Items of Special Interest Uniformed Services Traditional Thrift Savings Plan (TSP) distributions. If you participate in the Uniformed Death gratuity to a survivor. Any death gratuity paid to Services Traditional TSP and receive a distribution from a survivor of a member of the Armed Forces is excluded your account, the distribution is generally included in your from the survivor’s gross income. taxable income unless your contributions included tax-ex- empt combat zone pay. Can I deduct expenses paid with my excluded basic If your contributions included tax-exempt combat zone allowance for housing (BAH)? As noted in Table 2, pay, the part of the distribution attributable to those contri- BAH is excluded from income. This doesn't prevent you butions is tax exempt. However, the earnings on the from deducting certain expenses paid for with your BAH. tax-exempt portion of the distribution are taxable. The You may still be able to deduct mortgage interest and real TSP will provide a statement showing the taxable and estate taxes on your home if you pay these expenses with nontaxable portions of the distribution. For more informa- your BAH. See the Instructions for Schedule A (Form tion on TSP distributions, see TSPBK26, Tax Rules About 1040) of your tax return. TSP Payments. Differential wage payments. Differential wage pay- Note. For 2022, combat zone service entitles service ments are taxable. They aren't treated as combat zone members to contribute as much as $61,000 in a TSP re- pay even if the individual was in a combat zone. tirement account. What are differential wage payments? Differential wage payments are payments made by an employer Note. The annual additions limit is the total amount of (other than the Armed Forces) to an individual. They are all the contributions made in a calendar year. This limit is paid for a period during which the individual performed per employer and includes money from all sources: em- services in the uniformed services while on active duty for ployee contributions (tax-deferred, after-tax, and tax-ex- a period of more than 30 days. These payments represent empt), Agency/Service Automatic (1%) Contributions, and all or a portion of the wages the individual would have re- Agency/Service Matching Contributions. It does not in- ceived from the employer if the individual had been per- clude catch-up contributions. forming services for the employer during that period. The annual additions limit affects mostly members of the uniformed services who can exceed the annual elec- Military base realignment and closure benefits. Mili- tive deferral limit. The excess contributions go into the tra- tary base realignment and closure benefits paid under the ditional portion of their TSP accounts from tax-exempt pay Homeowners Assistance Program (HAP) are generally earned in a combat zone. excluded from income. However, for any property, the sum of all your payments can't be more than the maximum Uniformed Services Roth Thrift Savings Plan (TSP). amount described in subsection (c) of 42 U.S.C. 3374 as Roth TSP contributions are included in your income. They in effect on November 6, 2009. You must include in in- are after-tax contributions and are subject to the same come the excess over this maximum amount. For more in- contribution limits as the traditional TSP. Qualified distri- formation about the HAP, see usace.army.mil/Missions/ butions from your Roth account in the TSP aren't included Military-Missions/Real-Estate/HAP/. in your income. For more details, see Thrift Savings Plan (TSP) in Part II of Pub. 721, Tax Guide to U.S. Civil Serv- ice Retirement Benefits, and TSPBK26. Publication 3 (2022) Page 7 |
Page 8 of 39 Fileid: … cations/p3/2022/a/xml/cycle03/source 17:45 - 26-Jan-2023 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 State bonus payments. A state bonus payment will be bat zone. See Combat Zone Defined, later, for a list of treated as combat zone pay and may not be taxable if it is designated combat zones. made because of your current or former service in a com- Page 8 Publication 3 (2022) |
Page 9 of 39 Fileid: … cations/p3/2022/a/xml/cycle03/source 17:45 - 26-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. What are state bonus payments? A state bonus Claiming the standard refund amount is the easiest way payment is a bonus payment made to you or to your de- for you to claim a refund, because you don’t need to ac- pendent(s) by a state (or a political subdivision of a state). cess the original tax return from the year of your disability severance payment. Disability Severance Payments to Veterans Enter “Veteran Disability Severance” or “St. Clair Claim” across the top of Form 1040-X, page 1, and attach a copy Your claim must be made by the deadline. See of the notice from the DoD about the disability severance ! When must I file my claim, later, for the deadline payment. If you didn’t receive the DoD notice, you must CAUTION for making these claims. include documentation showing the exact amount of and reason for your disability severance payment and a copy Veterans discharged from military service due to medi- of either the VA determination letter confirming your disa- cal disability may receive a severance payment. If you re- bility or a determination that your injury or sickness was ei- ceived a disability severance payment that was taxed to ther incurred as a direct result of armed conflict, while in you, and either the amounts received were by reason of a extra-hazardous service, or in simulated war exercises, or combat-related injury or the Department of Veterans Af- was caused by an instrumentality of war. Documentation fairs (VA) later determined that you were entitled to re- showing the exact amount of and reason for your disability ceive disability compensation, your severance payment severance payment may include a letter from the Defense isn’t taxable and you can file a claim for credit or refund Finance and Accounting Services (DFAS) or your Form using Form 1040-X for the tax year in which the disability DD214 explaining the severance payment at the time of severance payment was received and included in income the payment. If you don’t have the required documenta- on your tax return. tion showing the exact amount of and reason for your dis- ability severance payment, visit dfas.mil/dsp_irs to learn For more information about amending prior-year re- how to obtain it. turns to take advantage of this change, see that revision of the Instructions for Form 1040-X. For more information on In addition to the documents listed above, Form how to file a prior-year Form 1040-X, go to IRS.gov/ TIP 1310, Statement of Person Claiming Refund Due Form1040X. a Deceased Taxpayer, may need to accompany Form 1040-X. See Step 4: Provide Form 1310, if required Retroactive determination of nontaxable disability under How Is Tax Forgiveness Claimed, later. severance payments. The Combat-Injured Veterans Tax Fairness Act of 2016 gives certain veterans who re- When must I file my claim? You must file your claim ceived disability severance payments after January 17, by the later of 1 year after the date you received the notice 1991, additional time to file claims for credit or refund to from the DoD or the normal deadline for filing a claim for recover tax overpayments attributable to their disability refund or credit. severance payments. Veterans affected by this legislation This alternative 1-year time frame is especially im- should have received a notice from the Department of De- portant because the normal deadline is the later fense (DoD) reporting the amount of disability severance CAUTION! of 3 years after filing the original return or 2 years payments. after paying the tax and claims may date back as far as How do I file a claim for a refund of an overpayment 1991. attributable to my disability severance pay? The no- tice from the DoD includes an explanation of how to file a Where to file. Mail the completed Form 1040-X and your claim, including a simplified method for making the claim. documents to the following address, regardless of where The IRS has worked closely with the DoD to produce you live. these notices, explaining how veterans should claim the related tax refunds. Internal Revenue Service You can submit a claim based on the actual amount of 333 W. Pershing Street, Stop 6503, P5 your disability severance payment by completing Form Kansas City, MO 64108 1040-X. However, you can choose instead to claim a standard refund amount based on the calendar year in Foreign Source Income which you received the severance payment. Enter “Disa- bility Severance Payment” on line 15 of Form 1040-X and What Is Foreign Source Income? enter on lines 15 and 22 the standard refund amount lis- ted below that applies. For U.S. citizens, foreign source income is income from • $1,750 for tax years 1991 through 2005. sources outside the United States. This section only dis- cusses the tax consequences for foreign source income • $2,400 for tax years 2006 through 2010. of U.S. citizens. • $3,200 for tax years 2011 through 2016. Is My Foreign Source Income Taxable? You must report all of your foreign source income on your tax return, except for those amounts that U.S. law Publication 3 (2022) Page 9 |
Page 10 of 39 Fileid: … cations/p3/2022/a/xml/cycle03/source 17:45 - 26-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. specifically allows you to exclude. This is true whether you Marital Status reside inside or outside the United States and whether or not you receive a Form W-2 or a Form 1099. This applies Community property rules apply to married persons to earned income (such as wages and tips) as well as un- whose domicile during the tax year was in a community earned income (such as interest, dividends, capital gains, property state. These rules may affect your tax liability if pensions, rents, and royalties). you file separate returns or are divorced during the year. Some foreign income may be excluded, but these ex- clusions aren't available for wages and salaries of military Nature of the Payment and civilian employees of the U.S. Government. See more on these exclusions in Foreign earned income exclusion Active duty military pay subject to community property is and American Samoa income exclusion below. laws. Armed Forces retired or retainer pay may be sub- ject to community property laws. Foreign earned income exclusion. Certain taxpayers can exclude income earned in foreign countries. For 2022, For more information on community property laws, see this exclusion amount can be as much as $112,000. How- Pub. 555. ever, the foreign earned income exclusion doesn’t apply to the wages and salaries of military and civilian employ- Domicile ees of the U.S. Government. Employees of the U.S. Gov- ernment include those who work at U.S. Armed Forces Your domicile is the permanent legal home you intend to exchanges, commissioned and noncommissioned offi- use for an indefinite or unlimited period, and to which, cers' messes, and Armed Forces motion picture services, when absent, you intend to return. It isn't always where and similar personnel. Other foreign income earned by you presently live. military personnel or their spouses may be eligible for the foreign earned income exclusion if their tax home is in a Domicile or tax residence of civilian spouse. If you foreign country and other requirements are met. You won’t are the civilian spouse of an active duty U.S. military serv- be treated as having a tax home in a foreign country for icemember, you can elect to have the same domicile or any period for which your abode is within the United residence as the servicemember. If your domicile or resi- States, unless you are serving in an area designated by dence is the same as the servicemember's, you may be the President of the United States by Executive order as a able to keep your prior domicile or residence for tax pur- combat zone in support of the Armed Forces of the United poses when you accompany your spouse who relocated States. For more information on the exclusion, including to a new duty station. For more information about this op- other requirements and the definition of “abode,” see Pub. tion, see Pub. 570. You may also elect to have the same 54. domicile or residence as the servicemember. American Samoa income exclusion. Residents of American Samoa may be able to exclude income from Nevada, Washington, and California American Samoa. However, this possession exclusion Domestic Partners doesn’t apply to wages and salaries of military and civilian employees of the U.S. Government. If you need informa- A registered domestic partner in Nevada, Washington, or tion on this possession exclusion, see Pub. 570, Tax California must generally report half of his or her income Guide for Individuals With Income From U.S. Posses- plus half of the income of his or her domestic partner. See sions. Form 8958 and Pub. 555. Community Property Form W-2 The pay you earn as a member of the Armed Forces may What Information Can I Find on My Form be subject to community property laws depending on your W-2? marital status the nature of the payment, , and your domi- cile. These laws may affect how much of your income is Form W-2 shows your total pay and other compensation included in your gross income for tax purposes. Commun- and the income tax, social security tax, and Medicare tax ity property states are Arizona, California, Idaho, Louisi- that was withheld during the year. Form W-2 also shows ana, Nevada, New Mexico, Texas, Washington, and Wis- other amounts that you may find important in box 12. consin. Page 10 Publication 3 (2022) |
Page 11 of 39 Fileid: … cations/p3/2022/a/xml/cycle03/source 17:45 - 26-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 P Excludable moving expense Q Nontaxable combat pay cost of group-term life insurance over reimbursements paid directly to a $50,000 (but not Additional Medicare member of the U.S. Armed Forces Tax) (former 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 unreimbursed expenses from the time you leave home un- Mean? til the time you return home. See How To Report My Re- serve-Related Travel Expenses, later, for information on Box 12 shows amounts not listed in other places on the how to report these expenses on your tax return. form. The amounts shown in box 12 are generally prece- ded by a code. A list of the codes used in box 12 is shown Am I a Member of a Reserve Component? above. You are a member of a reserve component of the Armed Forces if you are in: Adjustments to Income • The Army, Navy, Marine Corps, Air Force, or Coast Guard Reserve; Adjusted gross income is your total income minus certain The Army National Guard of the United States; • adjustments. The following adjustments are of particular interest to members of the Armed Forces. • The Air National Guard of the United States; or • Travel Expenses of Armed Forces Reservists. • The Ready Reserve Corps of the Public Health Serv- ice. • Individual Retirement Arrangements. • Moving Expenses. How To Report My Reserve-Related Travel Each of these adjustments is discussed below. Expenses Travel Expenses of Armed Forces If you have reserve-related travel that takes you more than 100 miles from home, you should first complete Form Reservists 2106, Employee Business Expenses. Are My Travel Expenses as a Reservist On Schedule 1 (Form 1040), line 12, enter the part of Deductible? your expenses, up to the federal rate, included on Form 2106, line 10, that is for reserve-related travel more than If you are a member of a reserve component of the Armed 100 miles from your home. Forces and you travel more than 100 miles away from home in connection with your performance of services as For more information about this limit, see Per Diem and a member of the reserves, you can deduct your unreim- Car Allowances in chapter 6 of Pub. 463. bursed travel expenses on your tax return. Include all Publication 3 (2022) Page 11 |
Page 12 of 39 Fileid: … cations/p3/2022/a/xml/cycle03/source 17:45 - 26-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Example. Captain Harris, a member of the Army Re- Those in a Combat Zone or a Contingency Operation, serve, traveled to a location 220 miles from his home to later. For more information on contributions to IRAs, see perform his work in the Reserves in April 2022. He incur- Pub. 590-A. red $1,557.40 ($1,575.00) of unreimbursed expenses consisting of $257.40 ($275.00) for mileage (440 miles × Is My Combat Zone Pay Included in IRA 58.5 cents a mile (62.5 cents per mile after June 30, Calculations? 2022)), $300 for meals, and $1,000 for lodging. Only 50% of his meal expenses are deductible because the food or For IRA purposes, your compensation includes nontaxa- beverages are not provided by a restaurant. He shows his ble combat zone pay. Even though you don't have to in- total deductible travel expenses of $1,407.40 ($257.40 + clude the combat zone pay in your gross income, you do $150 (50% of $300) + $1,000) on Form 2106, line 10. He include it in your compensation when figuring the limits on enters the $1,407.40 ($257.40 + $150 + $1,000) for travel contributions, and on deductions for contributions, to over 100 miles from home on Schedule 1 (Form 1040), IRAs. line 12. If after June 30, 2022, he shows his total deductible Treatment of Distributions (and travel expenses of $1,425.00 ($275.00 + $150 (50% of Repayments of Distributions) From an IRA $300) + $1,000) on Form 2106, line 10. He enters the to Qualified Reservists $1,425.00 ($275.00 + $150 + $1,000) for travel over 100 miles from home on Schedule 1 (Form 1040), line 12. Is a qualified reservist distribution subject to the 10% additional tax? A qualified reservist distribution, Individual Retirement Arrangements defined below, isn’t subject to the 10% additional tax on (IRAs) early distributions from certain retirement plans. What is a qualified reservist distribution? With refer- An IRA generally includes a traditional IRA, Roth IRA, sim- ence to an IRA, a section 401(k) plan, or a 403(b) plan, a plified employee pension (SEP) IRA, and a savings incen- distribution you receive is a qualified reservist distribution tive match plan for employees (SIMPLE) IRA. if the following requirements are met. Deductibility of Contributions to My IRA • You were ordered or called to active duty after Sep- tember 11, 2001. Deductible IRA contributions. You no longer need to be younger than age 70 / to take a de-1 2 • You were ordered or called to active duty for a period CAUTION! duction for your contributions to an IRA. of more than 179 days or for an indefinite period be- cause you are a member of a reserve component (see Am I a Member of a Reserve Component, earlier, un- Generally, you can deduct the lesser of the contribu- der Travel Expenses of Armed Forces Reservists). tions to your traditional IRA for the year or the general limit (or spousal IRA limit, if applicable). However, if you or • The distribution is from an IRA or from amounts attrib- your spouse was covered by an employer-maintained re- utable to elective deferrals under a section 401(k) or tirement plan at any time during the year for which contri- 403(b) plan or a similar arrangement. butions were made, you may not be able to deduct all of • The distribution was made no earlier than the date of the contributions. The Form W-2 you or your spouse re- the order or call to active duty and no later than the ceives from an employer has a box used to indicate close of the active duty period. whether you were covered for the year. The “Retirement plan” box should have a mark in it if you were covered. Can I repay amounts distributed from my IRA, sec- tion 401(k) or 403(b) plan, or a similar arrangement? For purposes of a deduction for contributions to a tradi- You may be able to contribute (repay), to an IRA, amounts tional IRA, Armed Forces members (including reservists equal to any qualified reservist distributions (defined ear- on active duty for more than 90 days during the year) are lier) you received. You can make these repayment contri- considered covered by an employer-maintained retire- butions even if they would cause your total contributions ment plan. The "Retirement plan" box on your Form W-2 to the IRA to be more than the general limit on contribu- should have a mark in it. Your deduction for contributions tions. You make these repayment contributions to an IRA, to a traditional IRA may be subject to a phaseout. See even if you received the qualified reservist distribution Limit if Covered by Employer Plan in Pub. 590-A for more from a section 401(k) or 403(b) plan or a similar arrange- information. ment. Is there a limit to the amount I can repay? Your As a military person, do I get additional time to make qualified reservist repayments can’t be more than your a contribution to my IRA? Individuals serving in the qualified reservist distributions. U.S. Armed Forces or in support of the U.S. Armed Forces in designated combat zones have additional time Is there a time limit for repaying? You can make to make a contribution to an IRA. For more information on these repayment contributions up to and including the this extension of deadline provision, see Are There Filing, date that is 2 years after your active duty period ends. Tax Payment, and Other Extensions Specifically for Page 12 Publication 3 (2022) |
Page 13 of 39 Fileid: … cations/p3/2022/a/xml/cycle03/source 17:45 - 26-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Can I deduct qualified reservist repayments? You What constitutes a permanent change of station? A can’t deduct qualified reservist repayments. permanent change of station includes: Will the repayment affect my IRA deduction? The • A move from your home to your first post of active repayment of qualified reservist distributions doesn’t affect duty, the amount you can deduct as an IRA contribution. • A move from one permanent post of duty to another, How do you report the repayment? If you repay a and qualified reservist distribution, include the amount of the • A move from your last post of duty to your home or to repayment with nondeductible contributions on line 1 of a nearer point in the United States. The move must Form 8606, Nondeductible IRAs. occur within 1 year of ending your active duty or within the period allowed under the Joint Travel Regulations. Tax Relief for Qualified Disaster Distributions and Repayments Are there additional considerations when a spouse or dependent moves? If you are the spouse or depend- Special rules provide for tax-favored distributions from ent of a member of the Armed Forces who deserts, is im- and repayments to certain retirement plans (including prisoned, or dies while on active duty, a permanent IRAs) on account of economic losses due to disasters de- change of station for you includes a move to: clared by the President. To report the qualified distribu- • The member's place of enlistment or induction; tions and repayments, use Form 8915-D for 2019 disas- ters and use Form 8915-F for disasters that occur in 2020, • Your, or the member's, home of record; or 2021, 2022, and future years. For more information, see • A nearer point in the United States. the Instructions for Form 8915-F and Publication 590-B. If the military moves you to or from a different location than the member, the moves are treated as a single move Note. For your 2020 return, these qualified disaster to your new main job location. distributions are those qualified disaster distributions re- ported on the 2020 Form 8915-C, Qualified 2018 Disaster Retirement Plan Distributions and Repayments, and de- Are Reimbursements, or the Value of scribed in its instructions; the 2020 Form 8915-D, Quali- Services Provided by the Government When fied 2019 Disaster Retirement Plan Distributions and Re- I Move, Included in My Income? payments, and described in its instructions; and the 2020 Form 8915-E, Qualified 2020 Disaster Retirement Plan Don't include in your income the value of moving and stor- Distributions and Repayments (Use for Coronavirus-Rela- age services provided by the government because of a ted Distributions), and described in its instructions. permanent change of station. Similarly, don't include in in- come amounts received as a dislocation allowance, tem- File 2022 Form 8915-F if either of the following porary lodging expense, temporary lodging allowance, or TIP applies. You received in 2020 or 2021 a qualified move-in housing allowance. 2020 disaster distribution that you are including in income in equal amounts over 3 years. Generally, if the total reimbursements or allowances that you receive from the government because of the You made a repayment for 2022 of a qualified 2020 disas- move are more than your actual moving expenses, the ex- ter distribution. Caution. No qualified disaster distribu- cess is included in your wages on Form W-2. However, if tions could be made in 2022. The last year that qualified any reimbursements or allowances (other than dislocation 2020 distributions could be made was 2021. allowances, temporary lodging expenses, temporary lodg- ing allowances, or move-in housing allowances) exceed the cost of moving and the excess isn't included in your Moving Expenses wages on Form W-2, the excess must still be included in gross income on Form 1040 or 1040-SR, line 1. You may be able to exclude from income the value of gov- ernment-provided services and reimbursement. If you If you must relocate and your spouse and dependents weren't reimbursed, you may be able to deduct expenses move to or from a different location, don't include in in- you incurred when you moved. We discuss both below. come reimbursements, allowances, or the value of moving • Are Reimbursements, or the Value of Services Provi- and storage services provided by the government to move ded by the Government When I Move, Included in My you and your spouse and dependents to and from the Income. separate locations. • Which Moving Expenses Are Deductible and Which Aren't. Which Moving Expenses Are Deductible and Which Aren't To deduct moving expenses, you must be a member of the Armed Forces on active duty and your move must How much of my moving expenses can I deduct? If be due to a military order and the result of a permanent you move because of a permanent change of station, you change of station. can deduct the reasonable unreimbursed expenses of moving you and members of your household. See How To Publication 3 (2022) Page 13 |
Page 14 of 39 Fileid: … cations/p3/2022/a/xml/cycle03/source 17:45 - 26-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Report Moving Expenses, later, for how to report this de- • Storing these items for part or all of the time the new duction. job location remains your main job location. The new A member of your household is anyone who has both job location must be outside the United States. your former home and your new home as his or her main home. It doesn't include a tenant or employee unless you can claim that person as a dependent on your tax return. How To Report Moving Expenses Which moving expenses can I deduct? You can de- duct expenses (if not reimbursed or furnished in kind) for: Figure moving expense deductions on Form 3903. The Form 3903 instructions provide information on how to fig- • Moving household goods and personal effects, and ure your deduction for qualified expenses that exceed • Travel. your reimbursements and allowances (including disloca- tion allowances, temporary lodging expenses, temporary Moving household goods and personal effects. You lodging allowances, or move-in housing allowances that can deduct the expenses of moving your household are excluded from gross income). goods and personal effects, including expenses for haul- ing a trailer, packing, crating, in-transit storage, and insur- If you qualify to deduct expenses for more than one ance. You can't deduct expenses for moving furniture or move, use a separate Form 3903 for each move. other goods you bought on the way from your old home to your new home. Carry the moving expense deduction from Form(s) Storing and insuring household goods and per- 3903, line 5, to Schedule 1 (Form 1040), line 14. For more sonal effects. You can include only the cost of storing information, see Form 3903 and its instructions. and insuring your household goods and personal effects within any period of 30 consecutive days after the day these goods and effects are moved from your former Income Exclusions for Armed home and before they are delivered to your new home. Forces Members in Combat Travel. You can deduct the expenses of traveling (includ- ing lodging within certain limitations, but not meals) from Zones your old home to your new home, including car expenses and airfare. You can deduct as car expenses either: Gross income doesn’t include compensation you received for active service in the Armed Forces for any month dur- • Your actual out-of-pocket expenses such as gas and ing any part of which you served in a combat zone or oil, or qualified hazardous duty area. The exclusion available to • The standard mileage rate of 18 cents a mile (22 cents you as a member of the Armed Forces may depend on a mile after June 30, 2022). your rank. You can add parking fees and tolls to the amount Enlisted members, warrant officers, and commis- claimed under either method. You can't deduct any ex- sioned warrant officers. If you are an enlisted member, penses for meals. You can't deduct the cost of unneces- warrant officer, or commissioned warrant officer, you can sary side trips or lavish and extravagant lodging. exclude the following amounts from your income. Moving services and allowances provided by the • Active duty pay earned in any month you served in a government. Don’t deduct any expenses for moving combat zone. See Combat Zone Exclusion, later. services that were provided by the government. Also, don’t deduct any expenses that were reimbursed by an al- • Imminent danger/hostile fire pay. See Serving in a lowance you didn’t include in income. Combat Zone, later. • A reenlistment bonus if the voluntary extension or re- Foreign Moves enlistment occurs in a month you served in a combat zone. A foreign move is a move from the United States or its possessions to a foreign country or from one foreign • Pay for accrued leave earned in any month you served in a combat zone. The DoD must determine country to another foreign country. A move from a foreign that the unused leave was earned during that period. country to the United States or its possessions isn't a for- eign move. • Pay received for duties as a member of the Armed Forces in clubs, messes, post and station theaters, For a foreign move, the deductible moving expenses and other nonappropriated fund activities. The pay described earlier are expanded to include the reasonable must be earned in a month you served in a combat expenses of: zone. • Moving your household goods and personal effects to • Awards for suggestions, inventions, or scientific ach- and from storage, and ievements you are entitled to because of a submission you made in a month you served in a combat zone. Page 14 Publication 3 (2022) |
Page 15 of 39 Fileid: … cations/p3/2022/a/xml/cycle03/source 17:45 - 26-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • Student loan repayments. If the entire year of service you will need to get a corrected Form W-2 from your fi- required to earn the repayment was performed in a nance office. You can't exclude as combat zone pay any combat zone, the entire repayment made because of wages shown in box 1 of Form W-2. See also Disability that year of service is excluded. If only part of that year Severance Payments to Veterans, later, for special rules of service was performed in a combat zone, only part relating to severance pay. 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 known as combat zone com- Commissioned officers (other than commissioned TIP pensation. warrant officers). If you are a commissioned officer (other than a commissioned warrant officer), you may ex- clude part of your combat zone pay. There is a limit to the Combat zone pay is pay received by a member of the amount of combat zone pay you can exclude. See Com- U.S. Armed Forces who serves in: missioned officers (other than commissioned warrant offi- 1. A combat zone as designated by the President in an cers) under How Much of My Combat Zone Pay Can I Ex- Executive order (see Combat Zone Defined, later); clude, later. 2. A qualified hazardous duty area designated by Con- gress while receiving hostile fire pay or imminent dan- Combat Zone Exclusion ger pay in accordance with 37 U.S.C. 351 (see Serv- ing in a Combat Zone, later); or Combat zone exclusion and combat zone pay are 3. An area outside the combat zone or qualified hazard- TIP also known as combat zone exclusion and com- ous duty area when the DoD certifies that such serv- bat zone compensation, respectively. ice is in direct support of military operations in a com- bat zone or qualified hazardous duty area, and the How Much of My Combat Zone Pay member receives hostile fire pay or imminent danger pay (see Serving outside combat zone considered Can I Exclude? serving in a combat zone, later). Enlisted member, warrant officer, or commissioned The month for which you receive the pay must be a warrant officer. If you are an enlisted member, warrant month in which you either: officer, or commissioned warrant officer, none of your combat zone pay is included in your income for tax purpo- • Served in a combat zone; or ses. • Were hospitalized as a result of wounds, disease, or injury incurred while serving in the combat zone. Commissioned officers (other than commissioned warrant officers). If you are a commissioned officer You don't have to receive the excluded pay while you are (other than a commissioned warrant officer), there is a in a combat zone, are hospitalized, or in the same year limit to the amount of combat zone pay you can exclude. you served in a combat zone. The amount of your exclusion is limited to the highest rate Partial month service is treated as full month of of enlisted pay (plus imminent danger/hostile fire pay you service. If you serve in a combat zone for any part of 1 or received) for each month during any part of which you more days during a particular month, you are entitled to a served in a combat zone or were hospitalized as a result combat zone exclusion for that entire month. of your service there. For 2022, the applicable amount is $9,580.50 per month (that is, $9,355.50 for the highest en- Are my retirement pay and pensions treated as com- listed pay + $225 for imminent danger pay). bat zone pay? Retirement pay and pensions don't qual- ify for the combat zone exclusion. Earned income election. Though your combat zone pay Combat Related Special Compensation (CRSC) is excluded from income, you can elect to include it in in- is a benefit awarded to certain retired veterans come in figuring your EIC. See Can I treat my nontaxable TIP with combat-related disabilities. CRSC is exclu- combat zone pay as earned income? under Earned In- ded from income. come Credit, later. How Do I Report the Combat Zone Combat Zone Defined Exclusion? A combat zone is any area the President of the United Ordinarily, you don't have to do anything for this exclusion States designates by Executive order as an area in which to apply. The exclusion will be reflected on your Form the U.S. Armed Forces are engaging or have engaged in W-2. The wages shown in box 1 of your 2022 Form W-2 combat. An area usually becomes a combat zone and shouldn't include military pay excluded from your income ceases to be a combat zone on the dates the President under the combat zone exclusion provisions. If it does, designates by Executive order. To date, the Afghanistan area the Kosovo area, , and the Arabian Peninsula have Publication 3 (2022) Page 15 |
Page 16 of 39 Fileid: … cations/p3/2022/a/xml/cycle03/source 17:45 - 26-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. been designated as combat zones. Combat zone tax ben- designated as a combat zone beginning January 17, efits have been designated by Congress for the Sinai Pen- 1991. insula of Egypt under certain circumstances. Though the • The Persian Gulf. former Yugoslavia is no longer treated as a combat zone, certain benefits may still be available to those who served • The Red Sea. in that area at that time. Each of the combat zones, the Si- • The Gulf of Oman. nai Peninsula, and the former Yugoslavia area are dis- cussed below. • The part of the Arabian Sea that is north of 10 degrees north latitude and west of 68 degrees east longitude. Serving outside combat zone considered serving in a combat zone. Military service outside a combat • The Gulf of Aden. zone is considered to be performed in a combat zone if: • The total land areas of Iraq, Kuwait, Saudi Arabia, • The DoD designates that the service is in direct sup- Oman, Bahrain, Qatar, and the United Arab Emirates. port of military operations in the combat zone, and The following countries were certified by the DoD for combat zone tax benefits due to their direct support of • The service qualifies you for special military pay for military operations in the Arabian Peninsula combat zone. duty subject to hostile fire or imminent danger under 37 U.S.C. 351. • Jordan (as of March 19, 2003). Military pay received for this service will qualify for the • Lebanon (as of February 12, 2015). combat zone exclusion if all of the requirements dis- cussed under Service Eligible for Combat Zone Exclusion , • Turkey east of 33.51 degrees east longitude (as of September 19, 2016). later, other than service in a combat zone, are met and if the pay is verifiable by reference to military pay records. Sinai Peninsula. Section 11026 of Public Law 115-97 designates the Sinai Peninsula of Egypt as a qualified The Afghanistan area. By Executive Order No. 13239, hazardous duty area that is treated as if it were a combat Afghanistan (and the airspace above) was designated as zone. This designation generally applies for the period be- a combat zone beginning September 19, 2001. ginning June 10, 2015. For more information about The following countries were certified by the DoD for amending prior-year returns to take advantage of the ben- combat zone tax benefits due to their direct support of efits associated with this designation, see the Instructions military operations in the Afghanistan combat zone. for Form 1040-X. • Jordan and Pakistan (as of September 19, 2001). The former Yugoslavia area. Section 1 of Public Law • Philippines (from January 9, 2002, through September 104-117 designated the following locations as qualified 30, 2015). 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 Free- That designation generally applied beginning November dom or Operation Freedom Sentinel supporting military 21, 1995, and ending November 1, 2007, allowing, for ex- operations in the Afghanistan combat zone. ample, members of the Armed Forces who die by reason The Kosovo area. By Executive Order No. 13119, the of wounds that were incurred in that area and during that following locations (including the airspace above) were period to qualify for special tax treatment upon their death. designated as a combat zone beginning March 24, 1999. • Federal Republic of Yugoslavia (Serbia/Montenegro). Service Eligible for Combat Zone Exclusion • Albania. • Kosovo. As noted earlier, pay eligible for the combat zone exclu- • The Adriatic Sea. sion must have been received for a month in which you ei- ther served in a combat zone or were hospitalized as a re- • The Ionian Sea—north of the 39th parallel. sult of wounds, disease, or injury incurred while serving in Note. The combat zone designation for Montenegro and the combat zone. We discuss these below. Also see Serv- Kosovo (previously a province within Serbia) under Exec- ing outside combat zone considered serving in a combat utive Order 13119 remains in force even though Montene- zone, earlier, under Combat Zone Defined. gro and Kosovo have become independent nations since EO 13119 was signed. Serving in a Combat Zone The Arabian Peninsula. By Executive Order No. 12744, You are considered to be serving in a combat zone if you the following locations (and the airspace above) were are either assigned on official temporary duty to a combat Page 16 Publication 3 (2022) |
Page 17 of 39 Fileid: … cations/p3/2022/a/xml/cycle03/source 17:45 - 26-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. If, as a result of serving in a combat zone, a person be- Gain or Loss From Sale of 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, Disease, or Injury Incurred While Serving in • House, a Combat Zone • Houseboat, Hospitalized while serving in a combat zone. If you • Mobile home, are hospitalized while serving in a combat zone, the • Cooperative apartment, or 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 change of a main home in 2022. The exclusion is allowed in a combat zone where you have been serving for 3 each time you sell or exchange a main home, but gener- weeks, and the disease for which you are hospitalized has ally not more than once every 2 years. an incubation period of 2 to 4 weeks. The disease is pre- sumed to have been incurred while you were serving in What must you do to be eligible for the exclusion? the combat zone. On the other hand, if the incubation pe- You will be eligible for the exclusion if, during the 5-year riod of the disease is 1 year, the disease wouldn't have period ending on the date of the sale, you: been incurred while you were serving in the combat zone. • Owned the home for at least 2 years (the ownership Hospitalized after leaving a combat zone. In some ca- test), and 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, you can exclude military pay earned while you are hospi- It doesn’t have to be a single block of time. talized as a result of the wound, disease, or injury. What happens if I don't meet the ownership and use Example. You were hospitalized for a specific disease tests? If you don't meet the ownership and use tests due 3 weeks after you departed the combat zone. The incuba- to a move to a new permanent duty station, you can ex- tion period of the disease is from 2 to 4 weeks. The dis- clude gain, but the maximum amount of gain you can ex- ease is presumed to have been incurred while serving in clude will be reduced. See Pub. 523 for more details. the combat zone. 5-year test period can be suspended for members of Time limit on combat zone exclusion for pay re- the Armed Forces. You can choose to have the 5-year ceived while hospitalized. If you are hospitalized, you test period for ownership and use suspended during any can't exclude any military pay received for any month of period you or your spouse serves on qualified official ex- service that begins more than 2 years after the end of tended duty as a member of the Armed Forces. This combat activities in the combat zone. This pay won't be means that you may be able to meet the 2-year use test combat zone pay. even if, because of your service, you didn't actually live in your home for the required 2 years during the 5-year pe- riod ending on the date of sale. Nonqualifying Presence in a Combat Zone Example. David bought and moved into a home in 2011. He lived in it as his main home for 2 / years. For 1 2 None of the following types of military service qualify as the next 6 years, he didn't live in it because he was on service in a combat zone. qualified official extended duty with the Army. He then sold the home at a gain in 2021. To meet the use test, Da- • Presence in a combat zone while on leave from a duty vid chooses to suspend the 5-year test period for the 6 station located outside the combat zone. years he was on qualifying official extended duty. This • Passage over or through a combat zone during a trip means he can disregard those 6 years. Therefore, David's between two points that are outside a combat zone. 5-year test period consists of the 5 years before he went on qualifying official extended duty. He meets the Publication 3 (2022) Page 17 |
Page 18 of 39 Fileid: … cations/p3/2022/a/xml/cycle03/source 17:45 - 26-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. ownership and use tests because he owned and lived in Lump-sum portion of settlement payment. Gener- the home for 2 / years during this test period.1 2 ally, you must include the lump-sum payment in gross in- come. In limited circumstances, you may be able to ex- Limits on period of suspension. The period of sus- clude part or all of the lump-sum payment from gross pension can't last more than 10 years. You can't suspend income. For example, you may qualify to exclude part or the 5-year period for more than one property at a time. all of the payment from gross income if you can show that You can revoke your choice to suspend the 5-year period the payment was made to reimburse specific nondeducti- at any time. ble expenses (such as living expenses) you incurred be- Qualified official extended duty. You are on quali- cause of the SCRA violation. fied official extended duty if you serve on extended duty Interest payment on lump-sum portion of settle- 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 You are on extended duty when you are called or or- lost equity payment as an additional amount you received dered to active duty for a period of more than 90 days or on the foreclosure of the home. You will have a gain on for an indefinite period. the foreclosure only if the sum of the lost equity payment and the value of the main home at foreclosure is more What if the property was used for rental or business? than what you paid for the home. In many cases, this gain You may still qualify for a reduced exclusion of the gain may be excluded from income. For more information on from the sale of a home that you have used as a rental the rules for excluding all or part of any gain from the sale property or for business. However, you must meet the (including 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 What if there were periods when I didn't use the received for the foreclosure of a property that wasn't property as my main home and wasn’t on qualified your main home are different. To find rules for report- official extended duty? If the sale of your main home ing gain or loss on the foreclosure of property that wasn't results in a gain that is allocated to one or more period(s) your main home, see Pub. 544, Sales and Other Disposi- of nonqualified use, you can't exclude that gain from your tions of Assets. income. 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 Itemized Deductions duty, discussed above. You will be able to exclude the gain attributable to the period during which you or your You can no longer claim any miscellaneous itemized de- spouse served on qualified official extended duty. ductions, including the deduction for unreimbursed em- ployee business expenses. Miscellaneous itemized de- Are my losses deductible? You can't deduct a loss ductions are those deductions that would have been from the sale of your main home. subject to the 2%-of-adjusted-gross-income limitation. More information. For more information, see Pub. 523. If you are an Armed Forces reservist, you may be able to deduct unreimbursed employee business expenses as an adjustment to income. See Travel Expenses of Armed Forces Reservists, earlier. These deductions aren’t availa- Foreclosures ble for active duty service members. There may be tax consequences as a result of compensa- tion payments for foreclosures. Repayments to Your Employer If you had to repay to your employer an amount that you Payments made for violations of the Servicemem- included in your income in an earlier year, you may be bers Civil Relief Act (SCRA). All servicemembers who able to deduct the repaid amount from your income for the received a settlement payment reported on a Form 1099 year in which you repaid it. Where you report the repay- may need to report the amount on their tax return as in- ment on your tax return will depend on the amount of the come. However, the tax treatment of settlement payments repayment. See Repayments in Pub. 525. will depend on the facts and circumstances as illustrated below. Page 18 Publication 3 (2022) |
Page 19 of 39 Fileid: … cations/p3/2022/a/xml/cycle03/source 17:45 - 26-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Is My Child a Qualifying Child? Credits Your child is a qualifying child for purposes of the child After you have figured your taxable income and tax liabil- tax credit if your child meets all seven of the following con- ity, you can determine if you are entitled to any tax credits. ditions. This section discusses the child tax credit additional child , tax credit credit for other dependents earned income , , 1. Is your son, daughter, stepchild, foster child, brother, credit, and credit for excess social security tax withheld. sister, stepbrother, stepsister, half brother, or half sis- For information on other credits, see your tax form instruc- ter, or a descendant of any of them (for example, your tions. grandchild, niece, or nephew). 2. Was under age 17 at the end of 2022. Child Tax Credit, Credit for Other 3. Didn't provide over half of the child’s own support for Dependents, and Additional Child Tax 2022. Credit 4. Lived with you for more than half of 2022 (but see Are there exceptions to the time lived with you require- The child tax credit is a credit that may reduce your tax by ment, later). as much as $2,000 for each of your qualifying children. See How Much Can I Claim as a Child Tax Credit, later. 5. Is claimed as a dependent on your return. The additional child tax credit (ACTC) is a credit you 6. Doesn't file a joint return for the year (or files it only to may be able to take if you aren't able to claim the full claim a refund of income tax withheld or estimated tax amount of the child tax credit. The additional child tax paid). credit is discussed later. 7. Was a U.S. citizen, a U.S. national, or a U.S. resident The credit for other dependents (ODC) is a credit that alien. If the child was adopted, see Adopted child, may reduce your tax by as much as $500 for each of your later. qualifying children or other dependents who can’t be claimed for the CTC. The amount you may claim for your Are there exceptions to the time lived with you re- CTC is calculated together with the amount you may claim quirement? Temporary absences by you or the other for your credit for other dependents on the Child Tax person for special circumstances, such as school, vaca- Credit and Credit for Other Dependents Worksheet in the tion, business, medical care, military service, or detention instructions for your tax return. These credits are reported in a juvenile facility, count as time the person lived with on the same line of your return. The credit for other de- you. pendents is discussed later. If the person meets all other requirements to be your qualifying child but was born or died in 2022, the person is The additional child tax credit (ACTC) is a credit considered to have lived with you for more than half of ! you may be able to take if you aren't able to claim 2022 if your home was this person's home for more than CAUTION the full amount of the child tax credit. The child tax half the time he or she was alive in 2022. credit isn't the same as the credit for child and dependent Any other person is considered to have lived with you care expenses. See Pub. 503 for information on the credit for all of 2022 if the person was born or died in 2022 and for child and dependent care expenses. your home was this person's home for the entire time he or she was alive in 2022. Refunds for returns claiming the ACTC can't be There are also exceptions for kidnapped children, chil- TIP issued before mid-February 2023. This delay ap- dren lawfully placed with you for legal adoption by you in plies to the entire refund, not just the portion asso- 2022, eligible foster children placed with you in 2022, and ciated with the ACTC. This delay does not apply if the re- children of divorced or separated parents. For details, see turn claims the CTC unless the return also claims the Pub. 501. earned income credit. What if my child is the qualifying child of more than Can I claim the child tax credit if I don't have a social one person? A special rule applies if your qualifying security number (SSN) or an individual taxpayer child is the qualifying child of more than one person as identification number (ITIN)? If you or your spouse (if only one person can actually treat the child as a qualifying filing jointly) don’t have an SSN or ITIN issued on or be- child. For details, see Pub. 501. fore the due date of your 2022 return (including exten- sions), you can't claim the child tax credit on either your Adopted child. Your adopted child is always treated as original or an amended 2022 return, even if you later get your own child. An adopted child includes a child lawfully an SSN. If an ITIN is applied for on or before the due date placed with you for legal adoption. If you are a U.S. citizen of a 2022 return (including extensions) and the IRS issues or U.S. national and your adopted child lived with you as a an ITIN as a result of the application, the IRS will consider member of your household all year, that child meets con- the ITIN as issued on or before the due date of the return. dition 7. Publication 3 (2022) Page 19 |
Page 20 of 39 Fileid: … cations/p3/2022/a/xml/cycle03/source 17:45 - 26-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. How Much Can I Claim as a Child Tax 8862 for more information. You may also have to pay pen- Credit? alties. The maximum amount you can claim for the credit is $2,000 for each qualifying child under age 17 at the end of Credit for Other Dependents (ODC) 2022, who has an SSN that is valid for employment and This credit is a nonrefundable credit of up to $500 for each issued before the due date of your 2022 return (including eligible dependent who can't be claimed for the CTC or extensions). If your child was issued an SSN that wasn't ACTC. The CTC, ACTC, and ODC are figured using valid for employment and became eligible for a card with- Schedule 8812 (Form 1040). out the legend “Not valid for employment” by the due date of your return (including extensions), you may claim the To claim the credit, you must file Form 1040, 1040-SR, CTC on an original or amended return for that tax year or 1040-NR. For each qualifying child, you must check the even if your child’s card wasn't updated by the due date of “Credit for other dependents” box in column (4) of the De- your return. pendents section on page 1 of Form 1040, 1040-SR, or Modified AGI. For purposes of the CTC and ACTC, 1040-NR. For more information on the ODC, see the In- your modified AGI is the amount on Form 1040 or structions for Schedule 8812 (Form 1040). 1040-SR, line 11, plus the following amounts that may ap- Form 8862, who must file. You must file Form 8862 to ply to you. claim the ACTC or ODC if your CTC, ACTC, or ODC for a • Any amount excluded from income because of the ex- year after 2015 was denied or reduced for any reason clusion of income from Puerto Rico. other than a math or clerical error. Attach a completed • Any amount on line 45 or line 50 of Form 2555. Form 8862 to your 2022 return to claim the ACTC or ODC unless an exception applies. See Form 8862, Information • Any amount on line 15 of Form 4563, Exclusion of In- To Claim Certain Credits After Disallowance, and its in- come for Bona Fide Residents of American Samoa. structions for more information, including whether an ex- If you don't have any of the above, your modified AGI is ception applies. the same as your AGI. If you take the ACTC or ODC even though you aren't eligible and it is determined that your error Claiming the Credit CAUTION! is due to reckless or intentional disregard of the rules for these credits, you won't be allowed to take the To claim the CTC and/or ACTC, you must file Form 1040, ODC for 2 years even if you are otherwise eligible to do 1040-SR, or 1040-NR. For each qualifying child, you must so. If you fraudulently take the ACTC or ODC, you won't check the “child tax credit” box in column (4) of the De- be allowed to take the ODC for 10 years. See the Instruc- pendents section on page 1 of Form 1040, 1040-SR, or tions for Form 8862 for more information. You may also 1040-NR and complete Schedule 8812 (Form 1040). If have to pay penalties. you meet the residency requirements to claim the ACTC, you will claim the ACTC on Form 1040, 1040-SR, or 1040-NR, line 28. Otherwise, you will claim the CTC on Additional Child Tax Credit (ACTC) Form 1040, 1040-SR, or 1040-NR, line 19. For more infor- mation on these credits, see the Instructions for Form What is the ACTC? This credit is for certain individuals 1040, or the Instructions for Form 1040-NR, and the In- who get less than the full amount of the CTC. structions for Schedule 8812 (Form 1040). The ODC can’t be used to figure the ACTC. Only TIP your CTC can be used to figure your ACTC. If you Form 8862, who must file. You must file Form 8862 to are claiming the ODC but not the CTC, you can’t claim the CTC, ACTC, or ODC if your ACTC or ODC for a claim the ACTC. year after 2015 was denied or reduced for any reason other than a math or clerical error. Attach a completed Refunds for returns claiming the ACTC can’t be Form 8862 to your 2022 return unless an exception ap- TIP issued before mid-February 2023. This delay ap- plies. See Form 8862, Information To Claim Certain Cred- plies to the entire refund, not just the portion asso- its After Disallowance, and its instructions for more infor- ciated with the ACTC. This delay does not apply if the re- mation, including whether an exception applies. turn claims the CTC unless the return also claims the If you take the CTC, ACTC, or ODC even though earned income credit. ! you aren't eligible and it is determined that your CAUTION error is due to reckless or intentional disregard of Form 8862, who must file. You must file Form 8862 to the rules for these credits, you won't be allowed to take claim the ACTC if your CTC, ACTC or ODC for a year af- the CTC, ACTC, or ODC for 2 years even if you are other- ter 2015 was denied or reduced for any reason other than wise eligible to do so. If you fraudulently take the CTC, a math or clerical error. Attach a completed Form 8862 to ACTC, or ODC, you won't be allowed to take the CTC, your 2022 return unless an exception applies. See Form ACTC, or ODC for 10 years. See the Instructions for Form 8862, In-formation To Claim Certain Credits After Disal- lowance, and its instructions for more information, includ- ing whether an exception applies. Page 20 Publication 3 (2022) |
Page 21 of 39 Fileid: … cations/p3/2022/a/xml/cycle03/source 17:45 - 26-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. If you take the CTC, ACTC, or ODC even though eligible to claim on your return, you should follow the rules ! you aren't eligible and it is determined that your that apply to taxpayers who do not have a qualifying child. CAUTION error is due to reckless or intentional disregard of the rules for these credits, you won't be allowed to take If you have a qualifying child (defined later), you must the CTC, ACTC, or ODC for 2 years even if you are satisfy all nine of the following rules to claim the EIC. other-wise eligible to do so. If you fraudulently take the CTC, ACTC, or ODC, you won't be allowed to take the 1. You must have earned income (defined later). CTC, ACTC, or ODC for 10 years. See the Instructions for 2. Your earned income and adjusted gross income (AGI) Form 8862 for more information. You may also have to must each be less than: pay penalties. a. $53,057 ($59,187 for married filing jointly) if you have three or more qualifying children, Earned Income Credit (EIC) b. $49,399 ($55,529 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. $43,492 ($49,622 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 2022 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 EIC, you won't be allowed to take the credit for 10 years. 7. You must be a U.S. citizen or resident alien all year You may also have to pay penalties. See Form 8862 and unless: its instructions for details. a. You are married to a U.S. citizen or a resident alien, Refunds for returns claiming the EIC can't be is- TIP sued before mid-February 2023. This delay ap- b. Your filing status is married filing jointly, and plies to the entire refund, not just the portion asso- c. You choose to be treated as a resident alien for ciated with the EIC. the entire year. If you need more information about making this choice, see Resident Aliens, later. Can I claim the EIC if I don't have an SSN? If you don't have an SSN by the due date of your 2022 return (includ- 8. Certain investment income must be $10,300 or less ing extensions), you can't claim the EIC on either your during the year. For most people, this investment in- original or an amended 2022 return, even if you later get come is taxable interest and dividends, tax-exempt in- an SSN. terest, and capital gain net income. See Worksheet 1 in Pub. 596 for more information on the investment in- come includible in the amount that must meet the Claiming the EIC if I Have a Qualifying Child $10,300 limit. If you are claiming the EIC with a qualifying child, 9. You must have a valid SSN for yourself, your spouse ! you should follow the eligibility rules that apply to (if filing a joint return), and any qualifying child. CAUTION filers with a qualifying child or children when de- termining whether you are eligible to claim the EIC even if If you and someone else have the same qualifying your qualifying child hasn't been issued a valid SSN on or ! child but the other person can't claim the EIC be- before the due date of your return (including extensions). CAUTION cause he or she isn't eligible or his or her earned However, when calculating the amount of EIC that you are income or AGI is too high, you may be able to treat the Publication 3 (2022) Page 21 |
Page 22 of 39 Fileid: … cations/p3/2022/a/xml/cycle03/source 17:45 - 26-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. child as a qualifying child. But you can't treat the child as a 3. Category 3. Permanently and totally disabled at any qualifying child to claim the EIC if the other person uses time during 2022, regardless of age. the child to claim any of the tax benefits listed below. Student defined. To qualify as a student, your child 1. The child tax credit, ACTC, and ODC. must be, during some part of each of any 5 calendar 2. Head of household filing status. months of 2022: 3. The credit for child and dependent care expenses. 1. A full-time student at a school that has a regular teaching staff, course of study, and regular student 4. The exclusion for dependent care benefits. body at the school; or 2. A student taking a full-time, on-farm training course How to report. If you satisfy all these rules, fill out given by a school described in (1), or a state, county, Schedule EIC (Form 1040), Earned Income Credit, and at- or local government. tach it to Form 1040 or 1040-SR. You will claim the EIC on The 5 calendar months need not be consecutive. Form 1040, 1040-SR, or 1040-NR, line 27. A school can be an elementary school, junior or senior Qualifying child. Your child is a qualifying child if your high school, college, university, or technical, trade, or me- child passes four tests and has an SSN, as required in So- chanical school. However, on-the-job training courses, cial security number (SSN) of child, later. The four tests correspondence schools, and schools offering courses are: only through the Internet don't count as schools for the EIC. 1. Relationship, Students who work in co-op jobs in private industry as 2. Age, a part of a school's regular course of classroom and prac- tical training are considered full-time students. 3. Residency, and Permanently and totally disabled. Your child is per- 4. Joint return. manently and totally disabled if, at any time in 2022, both Each test, and the SSN requirement, are discussed be- of the following apply. low. 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 2022. An adopted child is always treated as your own child. The IRS may ask you for documents to show you lived The term “adopted child” includes a child who was lawfully with each qualifying child. Documents you might want to placed with you for legal adoption. keep for this purpose include school and childcare re- Your foster child, for the relationship test, is a child cords and other records that show your child's address. placed with you by an authorized placement agency or by You can't take the credit for a child who didn't live judgment, decree, or other order of any court of compe- ! with you for more than half the year even if you tent jurisdiction. An authorized placement agency in- CAUTION paid most of the child's living expenses. But see cludes a state or local government agency. It also in- below for allowable absences. cludes a tax-exempt organization licensed by a state. In addition, it includes an Indian tribal government or an or- The United States includes the 50 states and the Dis- ganization authorized by an Indian tribal government to trict of Columbia. It doesn't include Puerto Rico or U.S. place Indian children. possessions such as Guam. U.S. Armed Forces personnel stationed outside the Age test. In order to be classified as a qualifying child, United States on extended active duty are considered to your child must pass the age test. A child passes the age live in the United States during that duty period for purpo- test if he or she is in at least one of the following catego- ses of the EIC. Extended active duty means you are called ries. or ordered to active duty for an indefinite period or for a period of more than 90 days. Once you begin serving your 1. Category 1. Under age 19 at the end of 2022 and extended active duty, you are still considered to have younger than you (or your spouse, if filing jointly). been on extended active duty even if you don't serve 2. Category 2. Under age 24 at the end of 2022, a stu- more than 90 days. dent, and younger than you (or your spouse, if filing A child who was born or died in 2022 is treated as hav- jointly). ing lived with you for more than half of 2022 if your home Page 22 Publication 3 (2022) |
Page 23 of 39 Fileid: … cations/p3/2022/a/xml/cycle03/source 17:45 - 26-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 2022. 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 2022, and that child was lawfully (ATIN), which is issued to adopting parents who placed with you for legal adoption by you in 2022, 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. 2022, the child is considered to have lived with you for more than half of 2022 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 2022. 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 $16,480 ($22,610 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 (un- end of 2022. If you are married filing a joint return, ei- less the joint return is filed only as a claim for refund of in- ther you or your spouse must be at least age 25 but come tax withheld or estimated tax paid). under age 65 at the end of 2022. It doesn't matter Second, even if your child doesn't file a joint return, if which spouse meets the age test, as long as one of your child was married at the end of the year, he or she the spouses does. See Pub. 596 for more details. can't be your qualifying child unless: You meet the age test if you were born after De- 1. You can claim the child as a dependent, or cember 31, 1957, and before January 2, 1998. If you are married filing a joint return, you meet the age test 2. The reason you can't claim the child as a dependent if either you or your spouse was born after December is that you let the child's other parent claim the child 31, 1957, and before January 2, 1998. as a dependent under the special rule for divorced or If neither you nor your spouse meets the ages test, separated parents (or parents who live apart) descri- you can't claim the EIC. Enter “No” on the dotted line bed in Pub. 596 and the Instructions for Form 1040. next to line 27 (Form 1040 or 1040-SR). Social security number (SSN) of child. In order to 6. You can't be claimed as a dependent by anyone else be classified as a qualifying child, your child must have a on that person's return. You automatically meet this valid SSN unless the child was born and died in 2022. If a requirement if you are claiming the EIC on a joint re- child didn't have an SSN on or before the due date of your turn. return (including extensions), you can't count that child as a qualifying child in figuring the EIC on either your original 7. Your main home (and your spouse's, if filing a joint re- or an amended 2022 return, even if that child later gets an turn) must be in the United States for more than half SSN. You can't claim a higher EIC credit amount on the the year. Your home can be any location where you basis of a qualifying child if: regularly live. You don't need a traditional home. (U.S. military personnel stationed outside the United States 1. Your qualifying child's SSN is missing from your tax on extended active duty, discussed earlier, are con- return or is incorrect; sidered to be living in the United States.) Publication 3 (2022) Page 23 |
Page 24 of 39 Fileid: … cations/p3/2022/a/xml/cycle03/source 17:45 - 26-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 8. You can't file Form 2555. your total earned income, filing status, and number of qualifying children. If your earned income without your 9. You must be a U.S. citizen or resident alien all year combat zone pay is less than the amount shown below for unless: your number of children, you may benefit from electing to a. You are married to a U.S. citizen or a resident include your nontaxable combat zone pay in earned in- alien, come and you should figure the credit both ways. If your earned income without your combat zone pay is equal to b. Your filing status is married filing jointly, and or more than these amounts, you won't benefit from in- c. You choose to be treated as a resident alien for cluding your combat zone pay in your earned income. the entire year. $7,300 if you have no qualifying children. • 10. Certain investment income must be $10,300 or less • $10,900 if you have one qualifying child. during the year. For most people, this investment in- come is taxable interest and dividends, tax-exempt in- • $15,400 if you have two or more qualifying children. terest, and capital gain net income. See Worksheet 1 The following examples illustrate the effect of including in Pub. 596 for more information on the investment in- nontaxable combat zone pay in earned income for the come includible in the amount that must meet the EIC. $10,300 limit. Example 1—Election increases the EIC. G and J 11. You (and your spouse, if filing a joint return) must are married, were born in 1988, and will file a joint return. have a valid SSN. They have one qualifying child. G was in the Army and How to report. If you satisfy all 11 of these rules, fill out earned $15,000 ($5,000 taxable wages + $10,000 nontax- the EIC Worksheet in your tax form instructions to figure able combat zone pay). J worked part of the year and the amount of your credit. earned $2,000. Their taxable earned income and AGI are both $7,000. G and J qualify for the EIC and fill out the EIC More information. For more information, see Pub. 596. Worksheet in the Form 1040 instructions and Sched- ule EIC. How Do I Figure My Earned Income? When they complete the EIC Worksheet without adding the nontaxable combat zone pay to their earned income, When figuring your earned income for the EIC, you must they find their credit to be $2,389. When they complete know what counts as earned income as well as what the EIC Worksheet with the nontaxable combat zone pay doesn't count as earned income. Both categories of in- added to their earned income, they find their credit to be come are described below. $3,584. Because making the election will increase their EIC, they elect to add the nontaxable combat zone pay to What is included in my earned income for the EIC? their earned income for the EIC. They enter $3,584 on For purposes of the EIC, earned income generally in- line 27 and they enter $10,000 on line 1i of their Form cludes the following. 1040. They also enter the amount of their nontaxable pay • Wages, salaries, tips, and other taxable employee and enter “NCP” in the space to the left of line 27 on Form pay. 1040. • Net earnings from self-employment. Example 2—Election doesn't increase the EIC. • Gross income received as a statutory employee. The facts are the same as in Example 1, except G had nontaxable combat pay of $30,000. When G and J add • Nontaxable combat zone pay if you elect to include it their nontaxable combat pay to their earned income, they in earned income. See Can I treat my nontaxable find their credit to be $1,771. Because the credit they can combat zone pay as earned income? next. get if they don't add the nontaxable combat pay to their Can I treat my nontaxable combat zone pay as earned income is $2,389, they decide not to make the earned income? You can elect to include your nontaxa- election. They enter $2,389 on line 27 of their Form 1040. ble combat zone pay in earned income for the EIC. If you What isn't earned income for the EIC? When figuring make the election, you must include in earned income all your earned income for purposes of the EIC, don't include nontaxable combat zone pay you received. If you are filing any of these amounts. a joint return and both you and your spouse received non- taxable combat zone pay, you can each make your own • Basic pay or special, bonus, or other incentive pay election. In other words, if one of you makes the election, that is subject to the combat zone exclusion (unless the other one can also make it but doesn't have to. you make the election described earlier under Can I The amount of your nontaxable combat zone pay treat my nontaxable combat zone pay as earned in- should be shown on your Form W-2 in box 12 with code come). Q. Electing to include nontaxable combat zone pay in • Basic Allowance for Housing (BAH). earned income may increase or decrease your EIC. Figure the credit with and without your nontaxable com- • Basic Allowance for Subsistence (BAS). bat zone pay before making the election. Whether the • Any other nontaxable employee compensation. election increases or decreases your EIC depends on Page 24 Publication 3 (2022) |
Page 25 of 39 Fileid: … cations/p3/2022/a/xml/cycle03/source 17:45 - 26-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • Interest and dividends. Joint return. If you are filing a joint return, you can't add the social security tax withheld from your spouse's wages • Social security and railroad retirement benefits. to the amount withheld from your wages in determining • Certain workfare payments. whether you or your spouse had excess social security tax • Pensions or annuities. withheld. You must figure the withholding separately for you and your spouse to determine if either of you has ex- • Veterans' benefits (including VA rehabilitation pay- cess withholding. ments). • Workers' compensation. Credit for Excess Social Security Tax Withheld Work- sheet. You can use the Credit for Excess Social Security • Unemployment compensation. Tax Withheld Worksheet to figure your credit for excess • Alimony and child support. social security tax withheld on wages in 2022 only if you had no wages in 2022 from employers that were railroads. If you worked for a railroad employer in 2022, see Do I fig- The IRS Can Figure Your Credit for You ure my credit differently if I am a railroad employee? next. There are certain instructions you must follow before the Do I figure my credit differently if I am a railroad IRS can figure the credit for you. See IRS Will Figure the employee? If you work for a railroad employer, the dis- EIC for You in Pub. 596. cussion in this section doesn't apply to you. Your railroad employer must withhold tier 1 railroad retirement (RRTA) Credit for Excess Social Security Tax tax and tier 2 RRTA tax. See chapter 2 of Pub. 505 for more information. Withheld How to take the credit. Enter the credit on Schedule 3 Most employers must withhold social security tax from (Form 1040), line 11. your wages. If you worked for two or more employers in 2022 and you earned more than $147,000, you may be able to take the credit for excess social security tax with- held. The maximum amount of social security tax that First-Time Homebuyer Credit should have been withheld for 2022 is $9,114.00. You are eligible for the credit for excess social security tax with- Repayment held only if you had more than one employer. You should If you bought your home in 2008, you must generally re- use the Credit for Excess Social Security Tax Withheld pay the first-time homebuyer credit over a 15-year period Worksheet to figure your credit. in 15 equal installments. For your 2022 (and later) tax re- All wages are subject to Medicare tax withholding. turns, the repayment requirement will only apply to a CAUTION! home you bought in 2008. For more information, see Form 5405, Repayment of What if one of my employers withheld more than the First-Time Homebuyer Credit, and its instructions. $9,114.00? If any one employer withheld more than $9,114.00 in social security taxes in 2022, you can't take a credit for the excess social security tax withheld over $9,114.00 by that employer. The employer should adjust the tax for you. If the employer doesn't adjust the overcol- lection, you can file a claim for refund using Form 843, Claim for Refund and Request for Abatement. 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 $9,114.00. 1. Add all social security tax withheld (but not more than $9,114.00 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 $9,114.00 or less, stop here. You can't take the credit . . . . . . . . . . . . . 3. 4. Social security tax limit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. 9,114.00 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. Publication 3 (2022) Page 25 |
Page 26 of 39 Fileid: … cations/p3/2022/a/xml/cycle03/source 17:45 - 26-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. For a description of combat zone, see Combat Zone De- fined, earlier, under Combat Zone Exclusion. Forgiveness of Decedent's Tax Missing status. The date of death for a member of the Liability Armed Forces who was in a missing status (missing in ac- tion or prisoner of war) is the date his or her name is re- Tax liability can be forgiven if a member of the U.S. Armed moved from missing status for military pay purposes. This Forces dies: is true even if death actually occurred earlier. • While in active service in a combat zone (see Combat Zone Related Forgiveness, later); Terrorist or Military Action • From wounds, disease, or injury received in a combat Related Forgiveness zone (see Combat Zone Related Forgiveness, later); or Terrorist or military action related forgiveness occurs • From wounds or injury incurred in a terrorist or military when an individual meets both of the following criteria. action (see Terrorist or Military Action Related For- • Is a member of the U.S. Armed Forces at death. giveness, later). • Dies from wounds or injury incurred while a member What does tax forgiveness mean? When there is tax of the U.S. Armed Forces in a terrorist or military ac- forgiveness, the following occurs. tion. • If the tax being forgiven hasn't yet been paid, it may Except as limited in Deadline for Filing a Claim for Tax not have to be paid. Forgiveness, later, forgiveness applies to: • If the tax being forgiven has been paid, the payment • The tax year death occurred, and may be refunded. • Any earlier tax year in the period beginning with the How Do I Make a Claim for Tax Forgiveness, later, pro- year before the year in which the wounds or injury oc- vides details. curred. A terrorist or military action is any terrorist activity primarily Combat Zone Related Forgiveness directed against the United States or its allies or any mili- tary action involving the U.S. Armed Forces and resulting Combat zone related forgiveness occurs when an individ- from violence or aggression against the United States or ual meets both of the following criteria. its allies (or threat thereof). 1. Is a member of the U.S. Armed Forces at death. Any multinational force in which the United States par- 2. Dies while in active service in a combat zone, or at ticipates is considered an ally of the United States. any place from wounds, disease, or injury incurred while in active service in a combat zone. The beneficiary or trustee of the estate of a deceased servicemember doesn't have to pay tax on any amount re- Except as limited in Deadline for Filing a Claim for Tax ceived that would have been included (had the service- Forgiveness, later, forgiveness applies to: member not died) in the deceased member's gross in- • The tax year death occurred, and come for the year of death. • Any earlier tax year ending on or after the first day the Example. Army Private John Kane died in 2022 of member served in the combat zone in active service. wounds incurred in a terrorist attack in 2021. His income In addition, any unpaid taxes for years ending before tax liability is forgiven for all tax years from 2020 through the member began service in a combat zone will be for- 2022. given and any of those taxes that are paid after the date of death will be refunded. How Do I Make a Claim for Tax The beneficiary or trustee of the estate of a deceased Forgiveness? servicemember doesn't have to pay tax on any amount re- ceived that would have been included (had the service- How Is Tax Forgiveness Claimed? member not died) in the deceased member's gross in- come for the year of death. If the decedent's tax liability is forgiven, the personal rep- Service outside combat zone. These rules also apply resentative should take the following steps. to a member of the Armed Forces serving outside the Step 1: File the proper form. The form filed to claim the combat zone if the service: tax forgiveness depends on whether a return has already • Was in direct support of military operations in the been filed for the tax year. zone, and File a paper Form 1040 or 1040-SR if a tax return • • Qualified the member for special military pay for duty hasn't been filed for the tax year. Form W-2 must ac- subject to hostile fire or imminent danger. company the return. Page 26 Publication 3 (2022) |
Page 27 of 39 Fileid: … cations/p3/2022/a/xml/cycle03/source 17:45 - 26-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • File a paper Form 1040-X if a tax return has been Step 4: Provide Form 1310, if required. Form 1310 filed. A separate paper Form 1040-X must be filed for must accompany the return unless the person filing the re- each 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,” showing the appointment as personal representative “Kosovo Operation—KIA,” “Desert Storm—KIA,” or is attached to the return. “Former Yugoslavia—KIA” in bold letters on the top of Step 5: Provide the death certification. The death page 1 of the return or claim. certification must come from the proper agency. • On Forms 1040, 1040-SR, and 1040-X, the phrase For military and civilian employees of the DoD, certifi- “Iraqi Freedom—KIA,” “Enduring Freedom—KIA,” cation must be made by the Department on DD Form “Kosovo Operation—KIA,” “Desert Storm—KIA,” or 1300, 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 Director General of the Foreign Service, Department of • If the individual was killed in a terrorist action, write State, or his or her delegate. The certification must include “KITA” on the front of the return and on the line for to- the deceased individual's name and SSN, the date of in- tal tax. 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 for- side the United States, the statement must also include given and the amount that is to be forgiven. For computa- the fact that the individual was a U.S. employee on the tions when the decedent has filed joint returns or the date of injury and on the date of death. spouse 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 statement saying that an amended claim will be filed as 1. Figure the income tax for which the decedent would soon as the necessary tax information is available. File the have been liable if a separate return had been filed, amended Form 1040-X as soon as you get the needed tax 2. Figure the income tax for which the spouse would information. have been liable if a separate return had been filed, and Who Can File a Claim for Tax Forgiveness? 3. Multiply the joint tax liability by a fraction. The top number of the fraction is the amount in (1) above. The If a member of the Armed Forces dies, a surviving spouse bottom number of the fraction is the total of (1) and (2) or personal representative handles duties such as filing above. any tax returns and claims for refund involving tax forgive- ness. A personal representative can be an executor, an The amount in (3) is the decedent's tax liability that is eligi- administrator, or anyone who is in charge of the dece- ble for the refund or tax forgiveness. If you are unable to dent's assets. complete this process, you should attach a statement of all income and deductions, indicating the part that belongs Deadline for Filing a Claim for Tax to each spouse. The IRS will determine the amount eligi- Forgiveness ble for forgiveness. Computation when in a community property state. Whether a credit or refund is requested, generally, the pe- If the decedent's legal residence was in a community riod for filing the claim is 3 years from the time the return property state and the spouse reported half the military was filed or 2 years from the time the tax was paid, which- pay on a separate return, the spouse can get a refund of ever is later. If the decedent's return was filed before it taxes paid on his or her share of the pay for the years in- was due, it will be considered filed on the regular due volved. The forgiveness of unpaid tax on the military pay date, usually April 15. would also apply to the half owed by the spouse for the Extension of deadline when the death is combat years involved. See Community Property, earlier, for a zone related. If the death occurred in a combat zone or discussion of community property. from wounds, disease, or injury incurred in a combat zone, the deadline for filing a claim for credit or refund is extended using the rules discussed later under Are There Publication 3 (2022) Page 27 |
Page 28 of 39 Fileid: … cations/p3/2022/a/xml/cycle03/source 17:45 - 26-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Filing, Tax Payment, and Other Extensions Specifically for If you choose to file a federal income tax return on pa- Those in a Combat Zone or a Contingency Operation. per and you aren't claiming tax forgiveness on the return, send your federal tax return to the Internal Revenue Serv- Where To File a Return Requesting Tax ice Center for the place where you live. The Instructions Forgiveness for Form 1040 give the address for the Service Centers. If you are overseas and have an APO or FPO address, file A return requesting tax forgiveness must be filed at the fol- your return with the Internal Revenue Service Center lis- lowing address. ted for an APO or FPO address. Internal Revenue Service Example. Sgt. Kane, who is stationed in Maine but 333 W. Pershing Street, Stop 6503, P5 whose permanent home address is in California, should Kansas City, MO 64108 send her federal return to the Service Center for Maine. When To File My Return Filing Returns Most individuals must file their tax returns by the regular due date. You may be eligible for an extension. Some ex- This section discusses the procedures members of the tensions are automatic, some aren't. See Extensions of Armed Forces should follow when filing their federal in- Deadlines To File Your Tax Return, To Pay Your Taxes, come tax returns. These same rules apply when the return and for Other Actions, later. is filed on behalf of a member of the Armed Forces, for ex- ample, by a tax preparer or by a surviving spouse or per- sonal representative. Special rules apply when filing re- What Is the Regular Due Date of My Return? turns for those involved in a combat zone or a contingency For calendar-year taxpayers, the regular due date is April operation. See Are There Filing, Tax Payment, and Other 15 of the following year. If April 15 falls on a Saturday, Extensions Specifically for Those in a Combat Zone or a Sunday, or legal holiday, your tax return is considered Contingency Operation, later. timely filed if it is filed by the next business day that isn't a Saturday, Sunday, or legal holiday. For 2022 tax returns, What is my filing status if I am in a same-sex mar- the regular due date is April 18, 2023. The due date is riage? For federal tax purposes, marriages of couples of April 18, instead of April 15, because of the Emancipation the same sex are treated the same as marriages of cou- Day holiday in the District of Columbia—even if you don't ples of the opposite sex. The term “spouse” includes an live in the District of Columbia. individual married to a person of the same sex. You must select married, or married filing separately, as your filing status. When Is the Latest I Can Pay What is my filing status if I am in a registered domes- tic partnership, civil union, or other similar relation- My Tax? ship? If you have entered into a registered domestic part- nership, a civil union, or other similar relationship that isn't You should always pay your tax by the regular due date considered a marriage under state (or foreign) law, you for filing your return. An extension of time to file doesn't aren't considered married for federal tax purposes. You mean you have an extension of time to pay any tax due. must select single (or head of household, if eligible) as You must estimate your tax due and pay it by the regular your filing status. For more details, see Pub. 501. due date for the return unless you qualify for one of the ex- tensions described in Can I delay my payment of income Where To File My Return taxes? next. You don't have to send in any payment of tax due when you file Form 4868. However, if you pay the tax Electronic filing (e-filing) of your tax return. You are after the regular due date, you will be charged interest encouraged to e-file your return. Eight in 10 taxpayers get from the regular due date to the date the tax is paid. You their refunds faster by using direct deposit and e-file. You may also be charged a penalty for paying the tax late un- may be eligible to e-file your 2022 federal income tax re- less you have an explanation meeting reasonable-cause turn free through Free File. Go to IRS.gov/Efile for more criteria for not paying your tax when due. (If you have an information on e-filing and Free File. explanation meeting the criteria for reasonable-cause, in- If you e-file your return, there is no need to mail it. clude it with your return.) Paper returns. A tax return for forgiveness of decedent's You can pay your taxes by authorizing an electronic tax liability, discussed earlier, must be filed on paper. For funds withdrawal from your checking or savings account. the address where those returns should be filed, see For the various ways to electronically pay your taxes, see Where To File a Return Requesting Tax Forgiveness un- your tax return instructions or go to IRS.gov/Payments. Or der Forgiveness of Decedent's Tax Liability, earlier. you can mail a Form 1040-V with the payment. See Form 1040-V and its instructions at IRS.gov/Form1040V. Page 28 Publication 3 (2022) |
Page 29 of 39 Fileid: … cations/p3/2022/a/xml/cycle03/source 17:45 - 26-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Can I delay my payment of income taxes? If you Getting an Extension if I Am Inside the are a member of the Armed Forces, you may qualify for an United States extension of time to pay income tax that becomes due be- fore or during your military service. If you are inside the United States, you can receive an au- If you serve in a combat zone, have qualifying service tomatic 6-month extension to file your return by the regular outside a combat zone, or are outside the United States in due date of your return, you either file Form 4868 or pay a contingency operation, you may be eligible for the ex- any part of your expected tax due by credit or debit card. tension discussed in Are There Filing, Tax Payment, and You can file Form 4868 electronically or on paper. See Other Extensions Specifically for Those in a Combat Zone Form 4868 for details. or a Contingency Operation, later. If you don't meet the criteria detailed in Are There Fil- This extension of time to file is automatic, and you ing, Tax Payment, and Other Extensions Specifically for won't receive any notice of approval. However, your re- Those in a Combat Zone or a Contingency Operation, you quest for an extension will be denied if it isn't made timely. may still be able to extend the time to pay your tax. See The IRS will inform you of the denial. Can I Get an Extension To Pay My Tax if I Am Not in a You can't use the automatic extension if you Combat Zone or a Contingency Operation, later. choose to have the IRS figure the tax or you are If you are unable to pay the tax owed by the end CAUTION! under a court order to file your return by the regu- TIP of the extension period, you may want to ask the lar due date. IRS for an installment payment agreement that re- flects your ability to pay the tax owed. To do that, go on- Where on my return do I enter the amount paid with line to IRS.gov/OPA to apply for an online payment agree- my request for an extension? Enter the amount you ment. Or download and file Form 9465, which is available paid with your request for the extension on Schedule 3 at IRS.gov/Form9465. (Form 1040), line 10. Getting an Extension if I Am Outside the Extensions of Deadlines To United States and Puerto Rico File Your Tax Return, To Pay If you are outside the United States and Puerto Rico, there are two automatic extensions that apply to you and a third Your Taxes, and for Other extension that is discretionary. Actions The automatic 2-month extension. If you are a U.S. citizen or resident alien, you qualify for an automatic In this section, we discuss extensions of the deadlines for 2-month extension of time without filing Form 4868 if ei- tax return filing, tax payments, and other actions. We dis- ther of the following situations applies to you. cuss extensions related to combat zone service and con- Situation 1. You live outside the United States and tingency operations, and those not related to combat zone Puerto Rico and your main place of business or post service and contingency operations. of duty is outside the United States and Puerto Rico. • Can I Get an Extension To File My Return if I Am Not Situation 2. You are in military or naval service on an in a Combat Zone or a Contingency Operation? assigned tour of duty outside the United States and • Are There Filing, Tax Payment, and Other Extensions Puerto Rico for a period that includes the entire due Specifically for Those in a Combat Zone or a Contin- date of the return. gency Operation? You will be charged interest on any amount not paid by • Can I Get an Extension To Pay My Tax if I Am Not in a the regular due date until the date the tax is paid. Combat Zone or a Contingency Operation? If you use this automatic extension, you must attach a statement to the return showing that you are described in Situation 1 or 2 above. Can I Get an Extension To File My What if I'm filing a joint return? A married couple fil- Return if I Am Not in a Combat Zone ing a joint return is given the automatic 2-month extension or a Contingency Operation? if one of the spouses met the requirement under Situation 1 or Situation 2 above. If you aren't in a combat zone or a contingency operation, you may still be eligible for an extension of time to file your What if I'm filing as married filing separately? For return. Different rules apply depending on whether you married persons filing separate returns, only the spouse live inside or outside the United States. who satisfies the criteria in Situation 1 or Situation 2 quali- fies for the automatic 2-month extension. The additional automatic 4-month extension (Form 4868). You can request an additional 4-month extension by filing Form 4868 by June 15, 2023, for a 2022 Publication 3 (2022) Page 29 |
Page 30 of 39 Fileid: … cations/p3/2022/a/xml/cycle03/source 17:45 - 26-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. calendar-year tax return. Check the box on line 8. This will Do the extensions apply to those in missing status? extend your due date to October 16, 2023, if you are a cal- Time in a missing status (missing in action or prisoner of endar-year taxpayer. war) counts as time in a combat zone or a contingency operation. The additional discretionary 2-month extension. In addition to the 6-month extension (automatic 2-month and Do the extensions apply to support personnel? additional automatic 4-month extensions), you can re- Deadlines are also extended if you are serving in a com- quest a discretionary 2-month additional extension of time bat zone or a contingency operation in support of the to file your return to December 15, 2023, if you are a cal- Armed Forces. This applies to Red Cross personnel, ac- endar-year taxpayer. credited correspondents, and civilian personnel acting un- To request this extension, you must send the IRS a let- der the direction of the Armed Forces in support of those ter explaining the reasons why you need the additional 2 forces. months. Send the letter by the extended due date (Octo- ber 16, 2023, if you are a calendar-year taxpayer) to the Do the extensions apply to spouses? Spouses of indi- following address. viduals who served in a combat zone or contingency oper- ation are entitled to the same deadline extensions with Department of the Treasury two exceptions. 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 Other Extensions Specifically for contingency operation. Those in a Combat Zone or a Contingency Operation? How Much Extra Time Do These Extensions Give Me? The postponements for filing, tax payment, and the other actions listed in For Which Actions Are My Deadlines Ex- Your deadline for filing your return, paying your tax, claim- tended, later, such as collection and examination actions, ing a refund, and taking other actions with the IRS is ex- are specifically for persons in the Armed Forces in combat tended in two steps. zones or contingency operations. As noted in some of our earlier discussions, these postponements are referred to First, your deadline is extended for 180 days after the as “extensions of deadlines.” later of the following. 1. The last day you are in a combat zone, have qualify- What Type of Service Will Qualify Me for ing service outside of the combat zone, or serve in a These Extensions? contingency operation (or the last day the area quali- fies as a combat zone or the operation qualifies as a You will qualify for these extensions if either of the follow- contingency operation). ing statements is true. 2. The last day of any continuous qualified hospitaliza- • You serve in the Armed Forces in a combat zone or tion (defined later) for injury from service in the com- you have qualifying service outside of a combat zone. bat zone or contingency operation or while performing qualifying service outside of the combat zone. • You serve in the Armed Forces on deployment out- side the United States away from your permanent duty Second, in addition to the 180 days, your deadline is station while participating in a contingency operation. extended by the number of days that were left for you to A contingency operation is a military operation that is take the action with the IRS when you entered a combat designated by the Secretary of Defense or results in zone (or began performing qualifying service outside the calling members of the uniformed services to active combat zone) or began serving in a contingency opera- duty (or retains them on active duty) during a war or a tion. If you entered the combat zone or began serving in national emergency declared by the President or Con- the contingency operation before the period of time to gress. take the action began, your deadline is extended by the entire period of time you have to take the action. For ex- See Combat Zone Defined, earlier, under Combat ample, you had 3 / months (January 1–April 15, 2022) to 1 2 Zone Exclusion, for the beginning dates for the Afghani- file your 2021 tax return. Any days of this 3 / -month pe-1 2 stan area combat zone, the Kosovo area combat zone, riod that were left when you entered the combat zone (or the Arabian Peninsula combat zone, and the Sinai Penin- the entire 3 / months if you entered the combat zone by 1 2 sula, and the beginning and ending dates for the former January 1, 2022) are added to the 180 days when deter- Yugoslavia. mining the last day allowed for filing your 2021 tax return. Page 30 Publication 3 (2022) |
Page 31 of 39 Fileid: … cations/p3/2022/a/xml/cycle03/source 17:45 - 26-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Example 1. Captain Margaret Jones, a resident of Petty Officer Brown's 2020, 2021, and 2022 returns are Maryland, entered Saudi Arabia on December 1, 2020. figured as follows. She remained there through March 31, 2022, when she The 2020 tax return. The deadline is February 27, departed for the United States. She wasn't injured and 2023. Petty Officer Brown has 312 days (180 plus didn't return to the combat zone. The deadlines for filing 132) after his last day in the hospital (April 21, 2022) to Captain Jones' 2020, 2021, and 2022 returns are figured file his 2020 return. The 132 additional days are the as follows. 1 2 number of days in the 3 / -month filing period that The 2020 tax return. The deadline is February 11, were left when he entered the combat zone (January 2023. This deadline is 317 days (180 plus 137) after 5–May 17, 2021). Captain Jones' last day in the combat zone (March 31, The 2021 tax return. The deadline is February 3, 2022). The 137 additional days are the number of 2023. Petty Officer Brown has 288 days (180 plus days in the 3 / -month filing period that were left when 1 2 108) after April 21, 2022, to file his 2021 tax return. she entered the combat zone (January 1–May 17, The 108 additional days are the number of days in the 2021). 2021 filing period that were left when he entered the The 2021 tax return. The deadline is January 13, combat zone (January 1–April 18, 2022). 2023. The deadline is 288 days (180 plus 108) after The 2022 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, 2022). The 108 additional days are the number of 2022, plus the number of days left in the filing period days in the 3 / -month filing period that were left when 1 2 when he entered the combat zone (108) ends on Feb- she entered the combat zone (January 1–April 18, ruary 3, 2023, which is before the due date for his 2022). 2022 return (April 18, 2023). The 2022 tax return. The deadline isn't extended be- cause the 180-day extension period after March 31, For Which Actions Are My Deadlines 2022, plus the number of days left in the filing period Extended? when she entered the combat zone (108) ends on January 13, 2023, which is before the due date for her The actions to which this deadline extension provision ap- 2022 return (April 18, 2023). plies include: When the due date for doing any act for tax pur- • Filing any return of income, estate, gift, employment, TIP poses—filing a return, paying taxes, etc.—falls on or excise tax; a Saturday, Sunday, or legal holiday, the due date is delayed until the next business day. • Paying any income, estate, gift, employment, or ex- cise tax; Example 2. You generally have 3 years from April 15, • Filing a petition with the Tax Court for redetermination 2022, to file a claim for refund against your timely filed of a deficiency, or for review of a Tax Court decision; 2021 tax return. This means that your claim must normally • Filing a claim for credit or refund of any tax; be filed by April 18, 2025. However, if you serve in a com- bat zone from November 1, 2024, through March 23, • Bringing suit for any claim for credit or refund; 2025, and aren't injured, your deadline for filing that claim • Making a qualified retirement contribution to an IRA; is extended 349 days (180 plus 169) after you leave the combat zone. This extends your deadline to March 7, • Allowing a credit or refund of any tax by the IRS; 2026. The 169 additional days are the number of days in • Assessment of any tax by the IRS; the 3-year period for filing the refund claim that were left when you entered the combat zone on November 1 (No- • Giving or making any notice or demand by the IRS for vember 1, 2024–April 18, 2025). the payment of any tax, or for any liability for any tax; • Collection by the IRS of any tax due (Note. As a result Qualified hospitalization. The hospitalization must be of section 309 of Public Law 114-113, item 2 under the result of an injury received while serving in a combat How Much Extra Time Do These Extensions Give Me, zone or a contingency operation. Qualified hospitalization earlier, discussing continuous qualified hospitalization means: doesn't apply when figuring the period for the IRS to • Any hospitalization outside the United States, and take collection actions for taxes, even those assessed before the law was enacted); and • Up to 5 years of hospitalization in the United States. • Bringing suit by the United States for any tax due. Example. Petty Officer Leonard Brown's ship entered the Persian Gulf on January 5, 2021. On February 15, If the IRS takes any actions covered by these provi- 2021, Petty Officer Brown, a resident of Maryland, was in- sions or sends you a notice of examination before learning jured and was flown to a U.S. hospital. He remained in the that you are entitled to an extension of the deadline, con- hospital through April 21, 2022. The deadlines for filing tact your legal assistance office. No penalties or interest will be imposed for failure to file a return or pay taxes dur- ing the extension period. Publication 3 (2022) Page 31 |
Page 32 of 39 Fileid: … cations/p3/2022/a/xml/cycle03/source 17:45 - 26-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 • Be performing military service, and time to pay the tax has been granted? The IRS will re- • Notify the IRS that your ability to pay the income tax view 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- If a deferment is granted, the statutory collection period less the applicable interest rate is below 6%) per year will is suspended during your military service, plus an addi- be charged while you are in active military service. The re- tional 270 days after the day following military service. duced rate applies regardless of whether the military serv- ice materially affects your ability to pay. To substantiate Military service. The term “military service” means the the claim for reduced interest rate, you must provide the period beginning on the date on which you enter military IRS a copy of your orders or reporting instructions detail- service and ending on the date on which you are released ing the call to military service. You must do so no later from military service or die while in military service. If you than 180 days after the date of your termination or release are a member of the National Guard, your military service from 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 a period of more than 30 consecutive days under For tax purposes, an alien is an individual who isn't a U.S. section 502(f) of title 32, United States Code. citizen. An alien is in one of the three categories dis- 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. If you are an alien and in the Armed Forces. Most How do I request an extension of time to pay my tax? members of the Armed Forces are U.S. citizens or resi- If you have a current payment agreement (such as an in- dent aliens. Under peacetime enlistment rules, you gener- stallment agreement), you must make a written request for ally can't enlist in the Armed Forces unless you are a citi- an extension of time to pay the tax to the IRS office where zen or have been legally admitted to the United States for you have the agreement. permanent residence. If you are an alien enlistee in the If you don't have a current payment agreement, you Armed Forces, you are probably a resident alien. If, under must wait until you receive a notice asking for payment an income tax treaty, you are considered a resident of a before you request an extension of time to pay the tax. foreign country, see your base legal officer. Other aliens Once you have received a notice, you must make a writ- who are in the United States only because of military as- ten request for an extension of time to pay the tax to the signments and who have a home outside the United IRS office that issued the notice. States are nonresident aliens. Guam and Puerto Rico Page 32 Publication 3 (2022) |
Page 33 of 39 Fileid: … cations/p3/2022/a/xml/cycle03/source 17:45 - 26-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. have special rules. Residents of those areas should con- Once you make this choice, the nonresident alien tact their taxing authority with their questions. TIP spouse's worldwide income is subject to U.S. tax. If you have questions about your alien status or the If the nonresident alien spouse has substantial alien status of your dependents or spouse, you should foreign income, there may be no advantage to making this read the information in the following paragraphs and see choice. Also, if you make this election, you may forfeit the Pub. 519. right to claim benefits otherwise available under a U.S. tax treaty. Resident Aliens Ending the choice. Once you make this choice, it ap- What are the tax consequences of being a resident plies to all later years unless one of the following situa- alien? Generally, resident aliens are taxed on their world- tions occurs. wide income and file the same tax forms as U.S. citizens. • You or your spouse revokes the choice. Am I a resident alien? You are considered a resident • You or your spouse dies. alien of the United States for tax purposes if you meet ei- • You and your spouse become legally separated under ther the “green card test” or the “substantial presence test” a decree of divorce or separate maintenance. for the calendar year (January 1–December 31). You may be able to choose to be treated as a U.S. resi- • The IRS ends the choice because you or your spouse dent for part of 2022 if you: kept inadequate records. • Met the substantial presence test for 2021, For specific details on these situations, see Pub. 519. If the choice is ended for any of these reasons, neither • Didn't meet either the green card test or the substan- spouse can make the choice for any later year. tial presence test for 2021 or 2022, and Choice not made. If you and your nonresident alien • Didn't choose to be treated as a resident for part of spouse don't make this choice, the following restrictions 2022. apply. See First-Year Choice in Pub. 519. These tests are ex- • You can't file a joint return. You can file as married fil- plained in Pub. 519. ing separately, or head of household if you qualify. Treating nonresident alien spouse as resident alien. • The nonresident alien spouse generally doesn't have A nonresident alien spouse can be treated as a resident to file a federal income tax return if he or she had no alien if all the following conditions are met. 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 EIC, the credit for the elderly or disabled, or any edu- • That spouse is married to the nonresident alien at the cation credit if he or she has to file a return. end of the tax year. • You both choose to treat the nonresident alien spouse Nonresident Aliens as a resident alien. Am I a nonresident alien? You are a nonresident alien if Making the choice. Both you and your spouse must you are an alien who doesn't meet the requirements dis- sign a statement and attach it to your joint return for the cussed earlier for being classified as a resident alien. first tax year for which the choice applies. Include in the statement: What are the tax consequences of being a nonresi- • A declaration that one spouse was a nonresident alien dent alien? If you are required to file a federal tax return, and the other was a U.S. citizen or resident alien on you must file Form 1040-NR, U.S. Nonresident Alien In- the last day of the year; come Tax Return. See the Instructions for Form 1040-NR for information on who must file and filing status. • A declaration that both spouses choose to be treated as U.S. residents for the entire tax year; and If you are a nonresident alien, you must generally pay • The name, address, and taxpayer identification num- tax on income from sources in the United States. Your in- ber (SSN or ITIN) of each spouse. If the nonresident come from conducting a trade or business in the United alien spouse isn't eligible to get an SSN, he or she States is taxed at graduated U.S. tax rates. Other income should file Form W-7, Application for IRS Individual from U.S. sources is taxed at a flat 30% (or lower treaty) Taxpayer Identification Number. For more details re- rate. For example, dividends from a U.S. corporation paid garding this statement and on making this election, to a nonresident alien are generally subject to a 30% (or see Nonresident Spouse Treated as a Resident in lower treaty) rate. chapter 1 of Pub. 519. Dual-Status Aliens Am I a dual-status alien? You are a dual-status alien if you are both a nonresident and resident alien during the Publication 3 (2022) Page 33 |
Page 34 of 39 Fileid: … cations/p3/2022/a/xml/cycle03/source 17:45 - 26-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. same tax year. This usually occurs in the year you arrive in statement to your return that explains that your spouse is or depart from the United States. serving in a combat zone. What are the tax consequences of being a dual-sta- Spouse in missing status. The spouse of a member tus alien? If you are a dual-status alien, you are taxed on of the Armed Forces who is in a missing status in a com- income from all sources for the part of the year you are a bat zone can still file a joint return. A joint return can be resident alien. Generally, for the part of the year you are a filed for any year beginning not more than 2 years after the nonresident alien, you are taxed only on income from end of the combat zone activities. A joint return filed under sources in the United States. See the Instructions for these conditions is valid even if it is later determined that Form 1040-NR for more information. the missing spouse died before the year covered by the return. Spouse incapacitated. If your spouse can't sign be- Signing Returns cause of disease or injury and he or she tells you to sign, you can sign your spouse's name in the proper space on Generally, you must sign your return. If you e-file your tax the return, followed by the words “by [your name], Hus- return, you must sign the return electronically using a per- band (or Wife).” Be sure to sign your name in the space sonal identification number (PIN). If you are filing online provided for your signature. Attach a dated statement, using software, you must use a Self-Select PIN. If you are signed by you, to your return. The statement should in- filing electronically using a tax practitioner, you can use a clude the form number of the return you are filing, the tax Self-Select PIN or a Practitioner PIN. See Electronic Re- year, the reason your spouse couldn't sign, and that your turn Signatures in your tax return instructions. spouse has agreed to your signing for him or her. If you are overseas or incapacitated, you can grant a Spouse died during the year. If one spouse died power of attorney to an agent to file and sign your return. during the year and the surviving spouse didn't remarry before the end of the year, the surviving spouse can file a If you are acting on behalf of your spouse, see Do both joint return for that year, writing in the signature area “Fil- my spouse and I have to sign our joint return, later. ing as surviving spouse.” If an executor or administrator Form 2848, Power of Attorney and Declaration of has been appointed, both he or she and the surviving Representative. A power of attorney can be granted by spouse must sign the return filed for the decedent. filing Form 2848. These forms are available at IRS.gov/ Form2848 or at your nearest legal assistance office. While other power of attorney forms can be used, they must How To Get Tax Help contain the information required by Form 2848. In Part I of the form, you must indicate that you are Most military installations offer some degree of free tax granting the power to sign the return, the tax form number, assistance at their installation legal assistance offices. If and the tax year(s) for which the form is being filed. Attach your installation doesn't offer such assistance, check one the power of attorney to the tax return. Follow the Instruc- of the nearby installations and consider visiting an office tions for Form 2848 for properly completing the form. from another Service (for example, Air Force personnel may want to visit an Army Legal Assistance Office or Tax Do both my spouse and I have to sign our joint re- Center) or go to MilitaryOneSource turn? Generally, joint returns must be signed by both (MilitaryOneSource.mil/Tax). spouses. However, when a spouse is overseas in a com-, bat zone in a missing status incapacitated, , , or deceased, If you have questions about a tax issue; need help pre- one spouse may sign for the other when the conditions paring your tax return; or want to download free publica- described below are met. Otherwise, a power of attorney tions, forms, or instructions, go to IRS.gov to find resour- may be needed. ces that can help you right away. Spouse overseas. If one spouse is overseas on mili- Preparing and filing your tax return. After receiving all tary duty, there are two options when filing a joint return. your wage and earnings statements (Forms W-2, W-2G, • One spouse can prepare the return, sign it, and send it 1099-R, 1099-MISC, 1099-NEC, etc.); unemployment to the other spouse to sign early enough so that it can compensation statements (by mail or in a digital format) or be filed by the due date. other government payment statements (Form 1099-G); and interest, dividend, and retirement statements from • The spouse who expects to be overseas on the due banks and investment firms (Forms 1099), you have sev- date of the return can file Form 2848 specifically des- eral options to choose from to prepare and file your tax re- ignating that the spouse who remains in the United turn. You can prepare the tax return yourself, see if you States can sign the return for the absent spouse. qualify for free tax preparation, or hire a tax professional to Spouse in combat zone. If your spouse is unable to prepare your return. sign the return because he or she is serving in a combat Free options for tax preparation. Go to IRS.gov to see zone or is performing qualifying service outside of a com- your options for preparing and filing your return online or bat zone, and you don't have a power of attorney or other statement, you can sign for your spouse. Attach a signed Page 34 Publication 3 (2022) |
Page 35 of 39 Fileid: … cations/p3/2022/a/xml/cycle03/source 17:45 - 26-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. in your local community, if you qualify, which include the • IRS.gov/Help: A variety of tools to help you get an- 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 will ask you questions and, based on your input, pro- brand-name tax-preparation-and-filing software or vide answers on a number of tax law topics. Free File fillable forms. However, state tax preparation may not be available through Free File. Go to IRS.gov/ • IRS.gov/Forms: Find forms, instructions, and publica- FreeFile to see if you qualify for free online federal tax tions. You will find details on the most recent tax preparation, e-filing, and direct deposit or payment op- changes and interactive links to help you find answers tions. to your questions. • VITA. The Volunteer Income Tax Assistance (VITA) You may also be able to access tax law information in program offers free tax help to people with your electronic filing software. low-to-moderate incomes, persons with disabilities, and limited-English-speaking taxpayers who need Need someone to prepare your tax return? There are help preparing their own tax returns. Go to IRS.gov/ various types of tax return preparers, including enrolled VITA, download the free IRS2Go app, or call agents, certified public accountants (CPAs), accountants, 800-906-9887 for information on free tax return prepa- and many others who don’t have professional credentials. ration. If you choose to have someone prepare your tax return, choose that preparer wisely. A paid tax preparer is: • TCE. The Tax Counseling for the Elderly (TCE) pro- gram offers free tax help for all taxpayers, particularly • Primarily responsible for the overall substantive accu- those who are 60 years of age and older. TCE volun- racy of your return, teers specialize in answering questions about pen- • Required to sign the return, and sions and retirement-related issues unique to seniors. Go to IRS.gov/TCE, download the free IRS2Go app, • Required to include their preparer tax identification or call 888-227-7669 for information on free tax return number (PTIN). preparation. Although the tax preparer always signs the return, • MilTax. Members of the U.S. Armed Forces and you're ultimately responsible for providing all the informa- qualified veterans may use MilTax, a free tax service tion required for the preparer to accurately prepare your offered by the Department of Defense through Military return. Anyone paid to prepare tax returns for others OneSource. For more information, go to should have a thorough understanding of tax matters. For MilitaryOneSource MilitaryOneSource.mil/MilTax ( ). more information on how to choose a tax preparer, go to Also, the IRS offers Free Fillable Forms, which can Tips for Choosing a Tax Preparer on IRS.gov. be completed online and then filed electronically re- gardless of income. Coronavirus. Go to IRS.gov/Coronavirus for links to in- formation on the impact of the coronavirus, as well as tax Using online tools to help prepare your return. Go to relief available for individuals and families, small and large IRS.gov/Tools for the following. businesses, and tax-exempt organizations. • The Earned Income Tax Credit Assistant IRS.gov/ ( Employers can register to use Business Services On- EITCAssistant) determines if you’re eligible for the line. The Social Security Administration (SSA) offers on- earned income credit (EIC). line service at SSA.gov/employer for fast, free, and secure • The Online EIN Application IRS.gov/EIN ( ) helps you online W-2 filing options to CPAs, accountants, enrolled get an employer identification number (EIN) at no agents, and individuals who process Form W-2, Wage cost. and Tax Statement, and Form W-2c, Corrected Wage and Tax Statement. • The Tax Withholding Estimator IRS.gov/W4app ( ) makes it easier for you to estimate the federal income IRS social media. Go to IRS.gov/SocialMedia to see the tax you want your employer to withhold from your pay- various social media tools the IRS uses to share the latest check. This is tax withholding. See how your withhold- information on tax changes, scam alerts, initiatives, prod- ing affects your refund, take-home pay, or tax due. ucts, and services. At the IRS, privacy and security are • The First-Time Homebuyer Credit Account Look-up our highest priority. We use these tools to share public in- (IRS.gov/HomeBuyer) tool provides information on formation with you. Don’t post your social security number your repayments and account balance. (SSN) or other confidential information on social media sites. Always protect your identity when using any social • The Sales Tax Deduction Calculator IRS.gov/ ( networking site. SalesTax) figures the amount you can claim if you The following IRS YouTube channels provide short, in- itemize deductions on Schedule A (Form 1040). formative videos on various tax-related topics in English, Getting answers to your tax questions. On Spanish, and ASL. IRS.gov, you can get up-to-date information on • Youtube.com/irsvideos. current events and changes in tax law. Publication 3 (2022) Page 35 |
Page 36 of 39 Fileid: … cations/p3/2022/a/xml/cycle03/source 17:45 - 26-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • Youtube.com/irsvideosmultilingua. Access your online account (individual taxpayers only). Go to IRS.gov/Account to securely access infor- • Youtube.com/irsvideosASL. mation about your federal tax account. Watching IRS videos. The IRS Video portal • View the amount you owe and a breakdown by tax (IRSVideos.gov) contains video and audio presentations year. for individuals, small businesses, and tax professionals. • See payment plan details or apply for a new payment Online tax information in other languages. You can plan. find information on IRS.gov/MyLanguage if English isn’t • Make a payment or view 5 years of payment history your native language. and any pending or scheduled payments. Free Over-the-Phone Interpreter (OPI) Service. The • Access your tax records, including key data from your IRS is committed to serving our multilingual customers by most recent tax return, and transcripts. offering OPI services. The OPI Service is a federally fun- View digital copies of select notices from the IRS. • ded program and is available at Taxpayer Assistance Centers (TACs), other IRS offices, and every VITA/TCE • Approve or reject authorization requests from tax pro- return site. The OPI Service is accessible in more than fessionals. 350 languages. • View your address on file or manage your communi- cation preferences. Accessibility Helpline available for taxpayers with disabilities. Taxpayers who need information about ac- Tax Pro Account. This tool lets your tax professional cessibility services can call 833-690-0598. The Accessi- submit an authorization request to access your individual bility Helpline can answer questions related to current and taxpayer IRS online account. For more information, go to future accessibility products and services available in al- IRS.gov/TaxProAccount. ternative media formats (for example, braille, large print, audio, etc.). The Accessibility Helpline does not have ac- Using direct deposit. The fastest way to receive a tax cess to your IRS account. For help with tax law, refunds, refund is to file electronically and choose direct deposit, or account-related issues, go to IRS.gov/LetUsHelp. which securely and electronically transfers your refund di- rectly into your financial account. Direct deposit also Note. Form 9000, Alternative Media Preference, or avoids the possibility that your check could be lost, stolen, Form 9000(SP) allows you to elect to receive certain types destroyed, or returned undeliverable to the IRS. Eight in of written correspondence in the following formats. 10 taxpayers use direct deposit to receive their refunds. If • Standard Print. you don’t have a bank account, go to IRS.gov/ DirectDeposit for more information on where to find a • Large Print. bank or credit union that can open an account online. • Braille. Getting a transcript of your return. The quickest way • Audio (MP3). to get a copy of your tax transcript is to go to IRS.gov/ • Plain Text File (TXT). Transcripts. Click on either “Get Transcript Online” or “Get Transcript by Mail” to order a free copy of your transcript. • Braille Ready File (BRF). If you prefer, you can order your transcript by calling Disasters. Go to Disaster Assistance and Emergency 800-908-9946. Relief for Individuals and Businesses to review the availa- Reporting and resolving your tax-related identity ble disaster tax relief. theft issues. Getting tax forms and publications. Go to IRS.gov/ • Tax-related identity theft happens when someone Forms to view, download, or print all the forms, instruc- steals your personal information to commit tax fraud. tions, and publications you may need. Or, you can go to Your taxes can be affected if your SSN is used to file a IRS.gov/OrderForms to place an order. fraudulent return or to claim a refund or credit. Getting tax publications and instructions in eBook • The IRS doesn’t initiate contact with taxpayers by format. You can also download and view popular tax email, text messages (including shortened links), tele- publications and instructions (including the Instructions for phone calls, or social media channels to request or Form 1040) on mobile devices as eBooks at IRS.gov/ verify personal or financial information. This includes eBooks. requests for personal identification numbers (PINs), passwords, or similar information for credit cards, Note. IRS eBooks have been tested using Apple's banks, or other financial accounts. iBooks for iPad. Our eBooks haven’t been tested on other Go to IRS.gov/IdentityTheft, the IRS Identity Theft • dedicated eBook readers, and eBook functionality may Central webpage, for information on identity theft and not operate as intended. data security protection for taxpayers, tax professio- nals, and businesses. If your SSN has been lost or stolen or you suspect you’re a victim of tax-related Page 36 Publication 3 (2022) |
Page 37 of 39 Fileid: … cations/p3/2022/a/xml/cycle03/source 17:45 - 26-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. identity theft, you can learn what steps you should amount you owe. For more information on the Offer in take. Compromise program, go to IRS.gov/OIC. • Get an Identity Protection PIN (IP PIN). IP PINs are Filing an amended return. Go to IRS.gov/Form1040X six-digit numbers assigned to taxpayers to help pre- for information and updates. vent the misuse of their SSNs on fraudulent federal in- come tax returns. When you have an IP PIN, it pre- Checking the status of your amended return. Go to vents someone else from filing a tax return with your IRS.gov/WMAR to track the status of Form 1040-X amen- SSN. To learn more, go to IRS.gov/IPPIN. ded returns. Ways to check on the status of your refund. Note. It can take up to 3 weeks from the date you filed • Go to IRS.gov/Refunds. your amended return for it to show up in our system, and processing it can take up to 16 weeks. • Download the official IRS2Go app to your mobile de- vice to check your refund status. Understanding an IRS notice or letter you’ve re- • Call the automated refund hotline at 800-829-1954. ceived. Go to IRS.gov/Notices to find additional informa- tion about responding to an IRS notice or letter. Note. The IRS can’t issue refunds before mid-Febru- ary for returns that claimed the EIC or the additional child Note. You can use Schedule LEP (Form 1040), Re- tax credit (ACTC). This applies to the entire refund, not quest for Change in Language Preference, to state a pref- just the portion associated with these credits. erence to receive notices, letters, or other written commu- nications from the IRS in an alternative language. You Making a tax payment. Go to IRS.gov/Payments for in- may not immediately receive written communications in formation on how to make a payment using any of the fol- the requested language. The IRS’s commitment to LEP lowing options. taxpayers is part of a multi-year timeline that is scheduled to begin providing translations in 2023. You will continue • IRS Direct Pay: Pay your individual tax bill or estima- to receive communications, including notices and letters ted tax payment directly from your checking or sav- in English until they are translated to your preferred lan- ings account at no cost to you. guage. • Debit or Credit Card: Choose an approved payment processor to pay online or by phone. Contacting your local IRS office. Keep in mind, many questions can be answered on IRS.gov without visiting an • Electronic Funds Withdrawal: Schedule a payment IRS TAC. Go to IRS.gov/LetUsHelp for the topics people when filing your federal taxes using tax return prepara- ask about most. If you still need help, IRS TACs provide tion software or through a tax professional. tax help when a tax issue can’t be handled online or by • Electronic Federal Tax Payment System: Best option phone. All TACs now provide service by appointment, so for businesses. Enrollment is required. you’ll know in advance that you can get the service you need without long wait times. Before you visit, go to • Check or Money Order: Mail your payment to the ad- IRS.gov/TACLocator to find the nearest TAC and to check dress listed on the notice or instructions. hours, available services, and appointment options. Or, • Cash: You may be able to pay your taxes with cash at on the IRS2Go app, under the Stay Connected tab, a participating retail store. choose the Contact Us option and click on “Local Offices.” • Same-Day Wire: You may be able to do same-day wire from your financial institution. Contact your finan- The Taxpayer Advocate Service (TAS) cial institution for availability, cost, and time frames. Is Here To Help You Note. The IRS uses the latest encryption technology to What Is TAS? ensure that the electronic payments you make online, by phone, or from a mobile device using the IRS2Go app are TAS is an independent organization within the IRS that safe and secure. Paying electronically is quick, easy, and helps taxpayers and protects taxpayer rights. Their job is faster than mailing in a check or money order. to ensure that every taxpayer is treated fairly and that you know and understand your rights under the Taxpayer Bill What if I can’t pay now? Go to IRS.gov/Payments for of Rights. more information about your options. • Apply for an online payment agreement IRS.gov/ ( How Can You Learn About Your Taxpayer OPA) to meet your tax obligation in monthly install- Rights? ments if you can’t pay your taxes in full today. Once you complete the online process, you will receive im- The Taxpayer Bill of Rights describes 10 basic rights that mediate notification of whether your agreement has all taxpayers have when dealing with the IRS. Go to been approved. TaxpayerAdvocate.IRS.gov to help you understand what • Use the Offer in Compromise Pre-Qualifier to see if these rights mean to you and how they apply. These are you can settle your tax debt for less than the full your rights. Know them. Use them. Publication 3 (2022) Page 37 |
Page 38 of 39 Fileid: … cations/p3/2022/a/xml/cycle03/source 17:45 - 26-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. What Can TAS Do for You? TAS for Tax Professionals TAS can help you resolve problems that you can’t resolve TAS can provide a variety of information for tax professio- with the IRS. And their service is free. If you qualify for nals, including tax law updates and guidance, TAS pro- their assistance, you will be assigned to one advocate grams, and ways to let TAS know about systemic prob- who will work with you throughout the process and will do lems you’ve seen in your practice. everything possible to resolve your issue. TAS can help you if: Low Income Taxpayer Clinics (LITCs) • Your problem is causing financial difficulty for you, your family, or your business; LITCs are independent from the IRS. LITCs represent in- dividuals whose income is below a certain level and need • You face (or your business is facing) an immediate to resolve tax problems with the IRS, such as audits, ap- threat of adverse action; or peals, and tax collection disputes. In addition, LITCs can • You’ve tried repeatedly to contact the IRS but no one provide information about taxpayer rights and responsibili- has responded, or the IRS hasn’t responded by the ties in different languages for individuals who speak Eng- date promised. lish as a second language. Services are offered for free or a small fee for eligible taxpayers. To find an LITC near How Can You Reach TAS? you, go to TaxpayerAdvocate.IRS.gov/about-us/Low- Income-Taxpayer-Clinics-LITC or see IRS Pub. 4134, Low TAS has offices in every state, the District of Columbia, Income Taxpayer Clinic List. and Puerto Rico. Your local advocate’s number is in your local directory and at TaxpayerAdvocate.IRS.gov/ Contact-Us. You can also call them at 877-777-4778. How Else Does TAS Help Taxpayers? TAS works to resolve large-scale problems that affect many taxpayers. If you know of one of these broad issues, report it to them at IRS.gov/SAMS. Page 38 Publication 3 (2022) |
Page 39 of 39 Fileid: … cations/p3/2022/a/xml/cycle03/source 17:45 - 26-Jan-2023 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. Time to pay 29 30 32, , Modified adjusted gross income A Extensions while in: (MAGI): Additional child tax credit 20 Combat zone 30 Child tax credit limits 20 Adoption: Contingency operation 30 Moving expenses 13 Child tax credit 19 Afghanistan 16 F N Aliens 32 Family 19 Nonresident aliens 33 Arabian Peninsula 16 (See also Child tax credit) Assistance (See Tax help) Filing returns 28 P First-time homebuyer credit Personal representative 26 C repayment 25 Power of attorney 34 Child tax credit: Foreclosures: Publications (See Tax help) Limits: Mortgage settlement payouts 18 Modified adjusted gross Foreign income 9 Q income 20 Foreign moves 14 Qualifying child 22 Qualifying child 19 Forms: Child tax credit and credit for other 1040 14 28, R dependents 19 1040-NR 33 Reimbursements: Child, qualifying 22 2848 34 Moving and storage 13 Claims for tax forgiveness 26 3903 13 Reservists: Codes, W-2 10 4868 29 Travel 11 Combat zone: W-2 10 24, Resident aliens 33 Election to include pay for earned Foster care: Returns: income credit 24 Child tax credit 19 Filing 28 Exclusion 15 Signing 34 Extension of deadlines 30 G Related forgiveness 26 Gross income 5 S Community property 10 27, Sale of home 17 Contingency operation 30 H Same-sex marriage 28 Cornavirus-related distributions 2 Home: SCRA violation payouts 18 Credits: Sale of 17 Separate returns 29 Additional child tax 20 Homebuyer credit 25 Servicemembers Civil Relief Act 32 Child tax and credit for other Hospitalization 17 31, Serving in a combat zone 16 dependents 19 Sinai Peninsula 16 Earned income 21 I Social security numbers (SSNs): Excess social security tax Income: Earned income credit 23 withheld 25 Foreign source 9 Spouse: D Gross 5 Deadline extension 30 Individual retirement Died 34 Decedents 26 arrangements 12 Incapacitated 34 Disability Severance Payments to Installment agreement: Missing 34 Veterans 9 Payment deferment 32 Dual-status aliens 33 Nonresident alien 33 Interest rate (maximum) 32 Overseas 34 E Iraq 16 State bonus payments 8 Earned income credit 21 J T Social security card 23 Joint returns 27 29 34, , Social security number 23 Tax forgiven 26 Tax help 34 Excess social security tax withheld K credit 25 Terrorist related forgiveness 26 Expenses: Kosovo 16 Moving 13 W M Extensions: When to file 28 Generally 29 Military action related Where to file 28 forgiveness 26 Extensions of: Missing status 26 30 34, , Deadlines 29 Y Time to file 29 30, Yugoslavia 16 Publication 3 (2022) Page 39 |