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-
- Chapter 1. Filing Information
-
- Important Changes for 1992
-
- Filing requirements. Generally, the amount of income you can receive before
- you are required to file a return has been increased.
-
- Important Reminders
-
- Change of address. If you change your address for any reason, you should use
- Form 8822, Change of Address, to notify the IRS. See Change of Address, later.
-
- Form 1040A changes. Form 1040A was expanded in 1990 to include IRA payments,
- pensions and annuities, taxable social security and railroad retirement
- benefits, and the credit for the elderly or the disabled. New lines were
- added that allow you to include advance earned income credit payments received
- and estimated tax payments made, and allow you to elect to apply all or part of
- your refund for this year to your estimated tax for next year. See Form
- 1040A, later.
-
- Penalties. Congress has changed various penalties related to accuracy, such as
- the penalties for negligence and substantial understatement of income tax. In
- addition, the penalties for failure to supply a social security number and for
- failure to file a return when fraud is involved have increased. These changes
- took effect in 1990. See Penalties, later.
-
- Introduction
-
- This chapter discusses:
-
- ∙ Whether you have to file a return,
-
- ∙ Which form to use,
-
- ∙ When, how, and where to file your return,
-
- ∙ What happens if you pay too little or too much tax,
-
- ∙ What records you should keep and how long you should keep them, and
-
- ∙ How you can change a return that has already been filed.
-
- This chapter covers the requirements for filing a tax return. It refers you to
- other chapters for specific information on the income, deductions, and credits
- that you include on your return.
-
- Do I Have to File a Return?
-
- If you are a citizen or resident of the United States or a resident of
- Puerto Rico, you must file a federal income tax return if the filing
- requirements for any of the following categories apply to you:
-
- ∙ Individuals - In General
-
- Surviving Spouses, Executors, Administrators,
- or Legal Representatives
-
- U.S. Citizens Living Outside the U.S.
-
- Residents of Puerto Rico
-
- Individuals With Income From U.S. Possessions
-
- ∙ Dependents
-
- ∙ Children Under Age 14
-
- ∙ Self-Employed Persons
-
- ∙ Aliens
-
- The filing requirements apply even if you do not owe tax.
-
- One return. File only one federal income tax return regardless of how
- many jobs you had, how many Form(s) W─2 you received, or how many states
- you lived in during the year.
-
- Note. Even if you are not required to file a return, it may be to your
- advantage to file a tax return. See Who Should File, later.
-
- Individuals - In General
-
- If you are a U.S. citizen or resident, your filing requirement depends
- on three factors:
-
- 1) Your gross income,
-
- 2) Your filing status, and
-
- 3) Your age.
-
- However, you must file a return if your situation is one of those discussed
- later under Other Situations When You Must File.
-
- Gross income. This includes all income you receive in the form of money,
- goods, property, and services that is not exempt from tax. Common types
- of income are discussed in the chapters in Part II of this publication.
-
- Community property. If you are married and live with your spouse in a
- community property state, half of any income described by state law as
- community income may be considered to be yours. See Publication 555,
- Federal Tax Information on Community Property, for more information.
-
- Self-employed individuals. If you are self-employed, your gross income
- includes the amount on line 7 of Schedule C (Form 1040), Profit or Loss From
- Business, or gross receipts on schedule C-EZ. See Self-Employed Persons,
- later, for more information about your filing requirements.
-
- Filing status. This is your status on the last day of your tax year, which is
- December 31 for most taxpayers. See Chapter 2 for an explanation of each
- filing status.
-
- Age. If you are 65 or older at the end of the year, the requirement to file
- a return may be different for you. You can generally have a higher amount of
- gross income than other taxpayers before you are required to file. You are
- considered 65 on the day before your 65th birthday. For example, if your
- 65th birthday was on January 1, 1993, you are considered 65 for 1992. See
- the Filing Requirements Chart For Most Taxpayers, earlier.
-
- Filing requirements chart for most taxpayers. Generally, if you are a U.S.
- citizen or resident, you must file a tax return if your gross income for the
- year is at least as much as the amount shown for your filing status and age
- in the Filing Requirements Chart For Most Taxpayers. If your parent (or
- someone else) can claim you as a dependent, do not use this chart. See
- Dependents, later.
-
- 1992 FILING REQUIREMENTS CHART
- FOR MOST TAXPAYERS
-
- To use this chart, first find your marital status at the end of 1992. Then
- read across to find your filing status and age at the end of 1992. (Being
- blind does not change your filing requirement.) You must file a return if
- your gross income was at least the amount shown in the last column.
- ---------------------------------------------------------------------
- MARITAL STATUS FILING STATUS AGE* GROSS INCOME
- ---------------------------------------------------------------------
- under 65 $5,900
- Single (including
- divorced and Single 65 or older $6,800
- legally separated) --------------------------------------------
- Head of under 65 $7,550
- household 65 or older $8,450
- ---------------------------------------------------------------------
- Married with a child
- and living apart from
- your spouse during the
- the last 6 months Head of under 65 $7,550
- of 1992 household 65 or older $8,450
- ---------------------------------------------------------------------
- under 65
- (both spouses) $10,600
- Married and living
- with your spouse Married, joint 65 or older
- at end of 1992 return (one spouse) $11,300
- (or on the date
- date your 65 or older
- spouse died) (both spouses) $12,000
- -------------------------------------------
- Married, separate
- return any age $2,300
- --------------------------------------------------------------------
- Married, not living
- with your spouse at
- the end of 1992 Married, joint or
- (or on the date separate return any age $2,300
- you spouse died)
- --------------------------------------------------------------------
- under 65 $5,900
- Single 65 or older $6,800
- -------------------------------------------
- Head of under 65 $7,550
- Widowed before 1992 household 65 or older $8,450
- and not remarried -------------------------------------------
- in 1992 Qualifying
- widow(er) with under 65 $8,300
- dependent child 65 or older $9,000
- --------------------------------------------------------------------
- *If you were age 65 on January 1, 1993 you are considered to be age
- 65 at the end of 1992.
-
- Surviving Spouses, Executors, Administrators, or Legal Representatives
-
- You must file a final return for a decedent (a person who died) if:
-
- ∙ You are the surviving spouse, executor, administrator, or legal
- representative, and
-
- ∙ The decedent met the filing requirements at the date of death.
-
- For more information on rules for decedents, see Chapter 4.
-
- U.S. Citizens Living Outside the U.S.
-
- If you are a U.S. citizen living outside the United States, you must file
- a return if you meet the filing requirements. For more information on special
- tax rules that may apply to you, get Publication 54, Tax Guide for U.S.
- Citizens and Resident Aliens Abroad. It is available at most U.S. embassies
- and consulates, or you can order it using the order blank at the end of
- this publication.
-
- Residents of Puerto Rico
-
- Generally, if you are a U.S. citizen and a resident of Puerto Rico for the
- entire year, you must file a U.S. income tax return if you meet the filing
- requirements. This is in addition to any legal requirement you may have to
- file an income tax return for Puerto Rico.
-
- Gross income, for purposes of the federal filing requirements, does not
- include income from sources within Puerto Rico, except for amounts received
- as an employee of the United States or a United States agency. If you receive
- income from Puerto Rican sources that is not subject to U.S. tax, you must
- make a special adjustment for your standard deduction amount to arrive at the
- income level for your requirement to file a U.S. income tax return. See
- Publication 570, Tax Guide for Individuals With Income From U.S. Possessions,
- for further information.
-
- Individuals With Income From U.S. Possessions
-
- If you had income from Guam, the Northern Mariana Islands, American Samoa, the
- Virgin Islands, or Puerto Rico, special rules may apply in determining whether
- you must file a U.S. federal income tax return. In addition, you may have to
- file a return with the individual island government. See Publication 570, Tax
- Guide for Individuals With Income From U.S. Possessions, for more information.
-
- Dependents
-
- If you are a dependent (one who meets the Dependency tests in Chapter 3), the
- requirement to file a return generally depends on:
-
- ∙ The amount of your earned and unearned income,
-
- ∙ The amount of your gross (total) income,
-
- ∙ Whether you are single or married,
-
- ∙ Whether you are 65 or older, and
-
- ∙ Whether you are blind,
-
- unless your situation is one of those discussed later under Other Situations
- When You Must File. See the Filing Requirements Chart For Dependents in this
- chapter to determine whether a dependent must file a return.
-
- 1992 FILING REQUIREMENTS CHART
- FOR DEPENDENTS
-
- See Chapter 3 to find out if someone can claim you as a dependent.
-
- If your parent (or someone else) can claim you as a dependent, and any
- of the four situations listed below applies to you, you must file a return.
-
- In this chart, unearned income includes taxable interest and dividends.
- Earned income includes wages, tips, and taxable scholarship and
- fellowship grants.
-
- Caution: If your gross income was $2,300 or more, you generally cannot
- be claimed as a dependent unless you were under 19 or under 24 and a
- full-time student. For details, see Gross Income Test in Chapter 3.
- ------------------------------------------------------------------------
- 1. Single dependents under 65 and not blind.- You must file a return if-
-
- Your unearned the total of that income
- income was: and plus your earned
- income was:
- $1 or more more than $600
- $0 more than $3,600
- ------------------------------------------------------------------------
- 2. Single dependents 65 or older or blind. - You must file a return if-
-
- ∙ Your earned income was more than $4,500 ($5,400 if 65 or older and
- blind), or
- ∙ Your unearned income was more than $1,500 ($2,400 if 65 or older and
- blind), or
- ∙ Your gross income was more than the total of your earned income (up to
- $3,600) or $600, whichever is larger, plus $900 ($1,800 if 65 or older
- and blind).
- -----------------------------------------------------------------------
- 3. Married dependents under 65 and not blind. - You must file a return if-
-
- ∙ Your earned income was more than $3,000, or
- ∙ You had any unearned income and your gross income was more than $600, or
- ∙ Your gross income was at least $5 and your spouse files a separate
- return on Form 1040 and itemizes deductions.
- -----------------------------------------------------------------------
- 4. Married dependents 65 or older or blind. - You must file a return if-
-
- ∙ Your earned income was more than $3,700 ($4,400 if 65 or older and
- blind), or
- ∙ Your unearned income was more than $1,275 ($1,950 if 65 or older and
- blind), or
- ∙ Your gross income was more than the total of your earned income (up
- to $3,000) or $600, whichever is larger, plus $700 ($1,400 if 65 or
- older and blind), or
- ∙ Your gross income was at least $5 and your spouse files a separate
- return on Form 1040 and itemizes deductions.
- -----------------------------------------------------------------------
-
- Earned income is salaries, wages, tips, professional fees, and other amounts
- received as pay for work actually done.
-
- Unearned income. This is income that does not meet the definition of earned
- income. It includes investment - type income such as interest, dividends, and
- capital gains. It also includes social security benefits, pensions, and
- annuities. Distributions of interest, dividends, capital gains, and other
- unearned income from a trust are also unearned income to a beneficiary of
- the trust.
-
- Responsibility of parent. If a dependent child with taxable income cannot file
- an income tax return, a parent, guardian, or other legally responsible person
- must file it for the child. If the child cannot sign the return, the filer
- must sign the child's name followed by the words "By (your signature), parent
- (or guardian) for minor child."
-
- If a child's tax is not paid, the parent or guardian is liable for the income
- tax on salaries and wages of the child.
-
- Child's income. Amounts a child earns by performing services are his or her
- gross income. This is true even if under local law the child's parents have
- the right to the earnings and may actually have received them.
-
- Children Under Age 14
-
- If a child's only income is interest and dividends (including Alaska Permanent
- Fund dividends) and certain other conditions are met, a parent can elect to
- include the child's income on the parent's return. If this election is made,
- the child is not required to file a return. See Parent's Election to Include
- Child's Income, in Chapter 32. Also see Publication 929, Tax Rules for
- Children and Dependents.
-
- Self-Employed Persons
-
- You are self-employed if you:
-
- ∙ Carry on a trade or business as a sole proprietor.
-
- ∙ Are an independent contractor.
-
- ∙ Are a member of a partnership.
-
- ∙ Are in business for yourself in any other way.
-
- Self-employment can include work in addition to your regular full-time
- business activities. It also includes certain part-time work that you do
- at home or in addition to your regular job.
-
- Filing Requirements For Self-Employed Persons
-
- You must file Form 1040 if your gross income is at least as much as the filing
- requirement amount for your filing status or if your net earnings from
- self-employment are $400 or more. See the Filing Requirements Chart For Most
- Taxpayers, shown earlier.
-
- Gross income. For purposes of the filing requirements, your gross income
- includes all income you receive in the form of money, goods, property, and
- services that is not exempt from tax. This includes the gross income amount on
- line 7 of Schedule C (Form 1040), Profit or Loss From Business, or gross
- receipts on schedule C-EZ (Form 1040).
-
- If you are self-employed in a business that provides services (where products
- are not a factor), then the gross income on line 7 of Schedule C is gross
- receipts from that business. If you are self-employed in a business involving
- manufacturing, merchandising, or mining, the gross income on line 7 of
- Schedule C is the total sales from that business less cost of goods sold, plus
- any income from investment and incidental or outside operations or sources.
-
- Net earnings of $400 or more. You must file a tax return if you had net
- earnings of $400 or more from self-employment. Net earnings from self-
- employment generally is the net income (gross income minus deductible
- business expenses) from your business or profession. The $400 net earnings
- figure applies regardless of your age. For more information about net
- earnings, see Publication 533, Self-Employment Tax.
-
- Net earnings of less than $400. If you have net earnings from self-employment
- of less than $400 (or even a loss), you may have to file a tax return. You
- must file a tax return if your gross income is at least as much as the filing
- requirement amount shown for your filing status on the Filing Requirements
- Chart For Most Taxpayers, shown earlier. If you must file, you are required
- to show your net self-employment income (or loss) on Form 1040.
-
- Self-Employment Tax
-
- You must pay self-employment tax on your net earnings from self-employment.
- This tax is comparable to the social security and Medicare tax withheld from
- an employee's wages. An individual who earned less than $130,200 in 1992 as
- an employee and earned $400 or more from self-employment normally has to pay
- self-employment tax. The combined self-employment tax rate for 1992 is 15.3%.
- The 15.3% tax rate is a total of 12.4% for social security and 2.9% for
- Medicare. For 1992, the maximum net earnings subject to the social security
- portion is $55,500, while the maximum net earnings subject to the Medicare
- portion is $130,200. Use Schedule SE (Form 1040), Self-Employment Tax, to
- figure your tax. Attach it to Form 1040.
-
- Foreign organizations or governments. If you are a U.S. citizen who works in
- the United States for an international organization, a foreign government, or
- a wholly owned instrumentality of a foreign government, and if your work is
- exempt from social security and Medicare taxes, you must pay self-employment
- tax on earnings from services performed in the United States.
-
- Employees of churches. If you work for a church or a qualified church-
- controlled organization that elected exemption from social security and
- Medicare taxes, you will have to pay self-employment tax if you are paid
- $108.28 or more in a year by the church organization. See Publication 533 for
- more information.
-
- Aliens
-
- Your status as an alien - resident, nonresident, or dual-status - determines
- how you file your income tax return.
-
- The rules used to determine if you are a resident or nonresident alien are
- discussed in Publication 519, U.S. Tax Guide for Aliens.
-
- Resident aliens. If you are a resident alien for the entire year, you must
- file a tax return following the same rules that apply to U.S. citizens. Use
- the forms discussed in this publication.
-
- Nonresident aliens. If you are a nonresident alien, the rules and tax forms
- that apply to you may be different from those that apply to U.S. citizens.
- See Publication 519 to find out if U.S. income tax laws apply to you and
- which forms you should file.
-
- Dual-status taxpayers. If you were a resident alien for part of the tax year
- and a nonresident alien for the rest of the year, you are a dual-status
- taxpayer. Different rules apply for the part of the year you were a resident
- of the United States and the part of the year you were a nonresident. For
- information on dual-status taxpayers, see Publication 519.
-
- Joint return. If you are an alien and you were married to a person who was a
- U.S. citizen or resident on the last day of the tax year, you may be able to
- file a joint return with your spouse. See Publication 519.
-
- Other Situations When You Must File
-
- You may need to file a tax return even if your gross income is less than the
- amount shown earlier in the Filing Requirements Chart For Most Taxpayers or
- the Filing Requirements Chart For Dependents. You must file a return if any of
- the following applied to you:
-
- 1) You owe any special taxes, such as:
-
- a) Social security and Medicare tax on tips you did not report to your
- employer (see Chapter 7),
-
- b) Uncollected social security, Medicare, or railroad retirement tax on
- tips you reported to your employer (see Chapter 7),
-
- c) Uncollected social security, Medicare, or railroad retirement tax on
- your group-term life insurance,
-
- d) Alternative minimum tax (see Chapter 31),
-
- e) Tax on an IRA or a qualified retirement plan (see Chapter 18),
-
- f) Repayment of an investment credit or a low-income housing credit
- you claimed in a previous year (see the instructions for Form 4255,
- Recapture of Investment Credit or Form 8611, Recapture of Low-Income
- Housing Credit), or
-
- g) Recapture tax on the disposition of a home purchased with a
- federally-subsidized mortgage (see Chapter 16).
-
- 2) You had net earnings from self-employment of at least $400. See
- Self-Employed Persons, earlier.
-
- 3) You received any advance earned income credit payments from your
- employer. This amount should be shown on your Form W─2 in Box 8. See
- Chapter 35.
-
- 4) You had wages of $108.28 or more from a church or qualified
- church-controlled organization that is exempt from employer social
- security and Medicare taxes. See Publication 533, Self-Employment Tax.
-
- Income from U.S. Possessions. If you had income from Guam, the Northern
- Mariana Islands, American Samoa, the Virgin Islands, or Puerto Rico, special
- rules may apply in determining whether you must file a U.S. federal income tax
- return. In addition, you may have to file a return with the individual island
- government. See Publication 570, Tax Guide for Individuals With Income From
- U.S. Possessions, for more information.
-
- Who Should File
-
- Even if you are not required to file, you should file a federal income tax
- return if:
-
- ∙ You had income tax withheld from your pay. You can file a return to get a
- refund even if you can be claimed as a dependent by another taxpayer.
-
- ∙ You qualify for the earned income credit. See Chapter 35 for more
- information.
-
- Which Form Should I Use?
-
- You must use one of three forms to file your return - Form 1040EZ, Form
- 1040A, or Form 1040.
-
- Form 1040EZ
-
- If you are single, you may be able to use the simpler Form 1040EZ.
-
- You can use Form 1040EZ if all of the following apply.
-
- ∙ Your filing status is single.
-
- ∙ You are not 65 or older or blind.
-
- ∙ You do not claim any dependents.
-
- ∙ Your taxable income is less than $50,000.
-
- ∙ Your income is only from wages, salaries, tips, taxable scholarship and
- fellowship grants, and interest of $400 or less.
-
- ∙ You do not itemize deductions, claim any adjustments to income or tax
- credits, receive advance earned income credit payments, or owe any taxes
- other than the amount from the Tax Table.
-
- You must meet all of these requirements to use Form 1040EZ. If you do not meet
- all of them, you must use Form 1040A or Form 1040.
-
- Form 1040A
-
- If you do not qualify to use Form 1040EZ, you may be able to use Form 1040A.
-
- You can use Form 1040A if:
-
- ∙ Your income is only from wages, salaries, tips, IRA distributions,
- pensions and annuities, taxable social security and railroad retirement
- benefits, taxable scholarship and fellowship grants, interest, dividends
- (except for Alaska Permanent Fund dividends), and unemployment
- compensation.
-
- ∙ Your taxable income is less than $50,000.
-
- ∙ Your only deduction is for certain contributions to an IRA.
-
- ∙ You do not itemize your deductions.
-
- ∙ Your only taxes are the amount from the Tax Table and (if you received
- any) advance earned income credit payments.
-
- ∙ Your only credits are:
-
- a) The credit for child and dependent care expenses (see Chapter 33).
-
- b) The credit for the elderly or the disabled (see Chapter 34).
-
- c) The earned income credit (see Chapter 35).
-
- If you file Form 1040A, you can claim estimated tax payments for 1992 and the
- exclusion of interest from Series EE U.S. savings bonds issued after 1989.
-
- If you do not meet all of the above requirements, you cannot use Form 1040A.
- For example, you may want to claim itemized deductions, which you cannot claim
- on Form 1040A. Check the list under You must use Form 1040 if to see if you
- are required to use Form 1040.
-
- Form 1040
-
- Form 1040 is used to report more types of income, deductions, and credits than
- you can include on either Form 1040EZ or Form 1040A.
-
- You may have received Form 1040A or Form 1040EZ in the mail because of the
- return you filed last year. If your situation has changed this year, it may be
- to your advantage to file Form 1040 instead. You may pay less tax by filing
- Form 1040 because you can take itemized deductions, adjustments to income, and
- some credits that you cannot take on Form 1040A or Form 1040EZ.
-
- You must use Form 1040 if:
-
- ∙ Your taxable income is $50,000 or more.
-
- ∙ You itemize your deductions.
-
- ∙ You received or paid accrued interest on securities transferred between
- interest payment dates.
-
- ∙ You received nontaxable dividends, capital gain distributions, or Alaska
- Permanent Fund dividends.
-
- ∙ You are required to complete Part III of Schedule B (Form 1040) because:
-
- You were a grantor of, or transferor to, a foreign trust that
- existed during 1992, or
-
- At any time during the year you had an interest in, or signature or
- other authority over, a bank, securities, or other financial account
- in a foreign country. Note. If the combined value of the foreign
- account(s) is $10,000 or less during all of 1992, or if the
- account(s) were with a U.S. military banking facility operated by a
- U.S. financial institution, you may file Form 1040A.
-
- ∙ You had income other than wages, salaries, tips, IRA distributions,
- pensions and annuities, taxable social security and railroad retirement
- benefits, taxable scholarship and fellowship grants, unemployment
- compensation, interest, or dividends. This includes gain from the sale
- of your home or other property, barter income, alimony income, taxable
- refunds of state and local income taxes, or self-employment income
- (including farm income).
-
- ∙ You claim adjustments to gross income for payments for self-employed
- health insurance, the deduction for self-employment tax, payments to
- a Keogh or SEP plan, the penalty on early withdrawal of savings, alimony
- paid, certain required repayments of supplemental unemployment benefits,
- jury pay turned over to your employer, qualified performing artists'
- expenses, or amortization of costs of forestation/reforestation.
-
- ∙ Your Form W─2 shows uncollected employee tax (social security and
- Medicare tax) on tips in Box 17. See Chapter 7.
-
- ∙ You received $20 or more in tips in any one month, and you did not report
- all of these tips to your employer. See Chapter 7.
-
- ∙ You owe uncollected social security or Medicare tax on your group-term
- life insurance.
-
- ∙ You must pay tax on self-employment income. See Schedule SE (Form 1040),
- Self-Employment Tax.
-
- ∙ You have to repay an investment credit or a low-income housing credit you
- claimed in a previous year.
-
- ∙ You have to recapture tax on the disposition of a home purchased with a
- federally-subsidized mortgage. See Chapter 16.
-
- ∙ You have to pay any section 72 penalty taxes, any alternative minimum
- tax, or any tax on an excess golden parachute payment.
-
- ∙ You claim credits against your tax for any of the following:
-
- Mortgage interest credit
-
- Foreign tax credit
-
- Investment credit
-
- Jobs credit
-
- Credit for prior year minimum tax
-
- Credit for alcohol used as fuel
-
- Credit for fuel from a nonconventional source
-
- Credit for federal tax on fuels
-
- Low-income housing credit
-
- Regulated investment company credit
-
- Credit for overpaid windfall profit tax
-
- Credit for increasing research activities
-
- Disabled access credit
-
- Enhanced oil recovery credit
-
- You have more than one employer and you claim a credit for excess
- Medicare tax you paid in 1992. See Chapter 36.
-
- ∙ You file any of the following:
-
- Form 2555, Foreign Earned Income
-
- Form 4563, Exclusion of Income for Bona Fide Residents of American
- Samoa
-
- Form 4970, Tax on Accumulation Distribution of Trusts
-
- Form 4972, Tax on Lump-Sum Distributions (see Chapter 11)
-
- Form 5329, Return for Additional Taxes Attributable to Qualified
- Retirement Plans (Including IRAs), Annuities, and Modified Endowment
- Contracts (to pay tax on an IRA) (see Chapter 18)
-
- Form 8271, Investor Reporting of Tax Shelter Registration Number
-
- Form 8814, Parent's Election To Report Child's Interest and
- Dividends
-
-
- When Do I Have to File?
-
- April 15, 1993, is the due date for filing your 1992 income tax return if you
- use a calendar year. If you use a fiscal year (a year ending on the last day
- of any month except December, or a 52/53 week year), your income tax return
- is due by the 15th day of the 4th month after the close of your fiscal year.
-
- When the due date for doing any act for tax purposes - filing a return, paying
- taxes, etc. - falls on a Saturday, Sunday, or legal holiday, you can do that
- act on the next business day.
-
- Filing on time. Your return is filed on time if it is properly addressed
- and postmarked no later than the due date. The return must have sufficient
- postage. If you send a return by registered mail, the date of the registration
- is the postmark date. The registration is evidence that the return was
- delivered. If you send a return by certified mail and have your receipt
- postmarked by a postal employee, the date on the receipt is the postmark date.
- The postmarked certified mail receipt is evidence that the return was
- delivered.
-
- Filing late. If you do not file your return by the due date, you may have to
- pay a failure-to-file penalty and interest. See Penalties, later.
-
- Nonresident alien. If you are a nonresident alien and earn wages that are
- subject to U.S. income tax withholding, your 1992 U.S. income tax return (Form
- 1040NR) is due by:
-
- ∙ April 15, 1993, if you file on a calendar year basis, or
-
- ∙ The 15th day of the 4th month after the end of your fiscal year if you
- file on a fiscal year basis.
-
- If you do not earn wages that are subject to U.S. income tax withholding, your
- return is due by:
-
- ∙ June 15, 1993, if you file on a calendar year basis, or
-
- ∙ By the 15th day of the 6th month after the end of your fiscal year, if
- you file on a fiscal year basis.
-
- Get Publication 519, U.S. Tax Guide for Aliens, for more filing information.
-
- Filing for a decedent. If you must file a final return as an executor,
- administrator, legal representative, or surviving spouse of a taxpayer who
- died during the year (a decedent), the income tax return is due by the 15th
- day of the 4th month after the end of the deceased taxpayer's normal tax year.
- See Final Return for the Decedent in Chapter 4. In most cases, for a 1992
- return, this will be April 15, 1993.
-
- Extensions
-
- There are three types of extensions that may apply to your return. These are:
-
- ∙ Time to file,
-
- ∙ Time to file and pay, and
-
- They will be discussed separately.
-
- Extensions of Time to File
-
- If you ask for an extension of time to file your return, you cannot use Form
- 1040EZ or have the IRS figure your tax.
-
- If you are not able to file your return by the due date, you may be able to
- get an automatic 4─month extension of time to file your 1992 tax return.
- To get the automatic extension, you must file Form 4868, Application for
- Automatic Extension of Time To File U.S. Individual Income Tax Return.
-
- Example. If your return is due on April 15, 1993, you will have until August
- 16, 1993, to file.
-
- Caution: You may not be eligible. If you want the IRS to figure your tax, you
- cannot use the automatic extension of time to file. If you are under a court
- order to file by the regular due date, you also cannot use the automatic
- extension of time to file.
-
- When to file Form 4868. You must file Form 4868 by April 15, 1993, with the
- Internal Revenue Service Center for your area. If you are filing a fiscal year
- return, file Form 4868 by the regular due date for your return. You can file
- Form 1040A or Form 1040 any time before the 4─month extension period ends.
-
- Note. Any extension of time granted for filing your 1992 calendar year income
- tax return also extends the time for filing a 1992 gift tax return.
-
- An extension of time to file is not an extension of time to pay. You must make
- an accurate estimate of your tax for 1992 and pay any amount due with Form
- 4868. If you do not pay the amount due by the regular due date, you will owe
- interest on the unpaid amount.
-
- You also may be charged a penalty for paying the tax late unless you have
- reasonable cause for not paying your tax when due. Note. This late-payment
- penalty will not apply if you have paid at least 90% of your 1992 tax by the
- regular due date. See Penalties, later.
-
- If you must pay any interest or penalty, it will be assessed (charged) from
- the original due date of the return, which, for most taxpayers, is April 15.
-
- When you file your return. Enter any payment you made with Form 4868 on line
- 57, Form 1040. If you file Form 1040A, include in the total on line 28d the
- amount paid with Form 4868. Also write "Form 4868" and the amount in the space
- to the left of line 28d.
-
- Extensions beyond the automatic 4─month extension. If you qualify for the
- 4─month extension and you later find that you are not able to file within the
- 4─month extension period, you may be able to get 2 more months to file, for a
- total of 6 months.
-
- You can apply for an extension beyond the 4─month extension either in a letter
- or by filing Form 2688, Application for Additional Extension of Time To File
- U.S. Individual Income Tax Return. You should request the extension early so
- that, if refused, you will still be able to file on time. Except in cases of
- undue hardship, Form 2688 or a request by letter will not be accepted until
- you have first used Form 4868 to get an automatic 4─month extension. Form 2688
- or your letter will not be considered if you file it after the extended due
- date.
-
- To get an extension beyond the automatic 4─month extension, you must give all
- the following information:
-
- ∙ The reason for requesting the extension.
-
- ∙ The tax year to which the extension applies.
-
- ∙ The length of time needed for the extension.
-
- ∙ Whether another extension of time to file has already been granted for
- this tax year.
-
- You may sign the request for this extension, or it may be signed by your
- attorney, CPA, enrolled agent, or a person with a power of attorney. If you
- are unable to sign the request because of illness or for another good reason,
- a person in close personal or business relationship to you can sign for you,
- stating why you could not sign the request.
-
- If your application for this extension is approved, you will be notified
- by the IRS. Attach the notice to your return when you file it.
-
- If an extension is granted and the IRS later determines that the statements
- made on your request for this extension are false and misleading and an
- extension would not have been granted at the time based on the true facts, the
- extension is null and void. You will have to pay the failure-to-file penalty
- (discussed later).
-
- If your application for this extension is not approved, you must file your
- return by the extended due date of the automatic extension. You may be allowed
- to file within 10 days of the date of the notice you get from the IRS if the
- end of the 10─day period is later than the due date. The notice will tell you
- if the 10─day grace period is granted.
-
- No further extensions. An extension of more than 6 months will not be granted
- if you are in the United States. However, if you are outside the United States
- and meet certain tests, you may be granted a longer extension. See Filing
- Requirements in Publication 54 for more information.
-
- Extensions of Time to File and Pay
-
- You are allowed an automatic 2─month extension (until June 15, 1993, if you
- use a calendar year) to file your 1992 return and pay any federal income tax
- that is due if:
-
- ∙ You are a U.S. citizen or resident living outside of the United States
- and Puerto Rico, and your main place of business or post of duty is
- outside the United States and Puerto Rico on April 15, 1993, or
-
- ∙ You are a U.S. citizen or resident in military or naval service who is on
- duty outside the United States and Puerto Rico on April 15, 1993.
-
- However, if you pay the tax due after the original due date, interest will be
- charged from the original due date until the date the tax is paid.
-
- Fiscal year. If you file your return on a fiscal year basis and you meet one
- of the requirements listed above, you are allowed a 2─month extension beyond
- the regular due date of your return to file your return and pay any tax due
- for 1992. However, if you pay the tax due after the original due date,
- interest will be charged from the original due date until the tax is paid.
- See When To File in Publication 54 for more information.
-
- Married taxpayers. If you file a joint return, only one spouse has to qualify
- for this automatic extension to apply. If you and your spouse file separate
- returns, this automatic extension applies only to the spouse who qualifies.
-
- How to receive the extension. To use this special automatic extension, you
- must attach a statement to your return explaining what situation qualified
- you for the extension.
-
- Extensions beyond the automatic 2─month extension. If you are unable to file
- your return within the automatic 2─month extension, you may be able to get an
- additional 2─month extension of time to file your return, for a total of 4
- months. You must file Form 4868 by June 15, 1993, to get this additional
- 2─month extension.
-
- This additional 2─month extension of time to file is not an extension of time
- to pay. You must make an estimate of your tax for 1992 and pay the required
- amount with Form 4868.
-
- If you are still unable to file your return within the 4─month extension,
- you may be able to get an extension for 2 more months, for a total of 6 months.
- You can apply for this extension either in a letter or by filing Form 2688,
- Application for Additional Extension of Time To File U.S. Individual Income
- Tax Return. You should request the extension early so that, if refused, you
- will still be able to file on time. Except in cases of undue hardship, Form
- 2688 or a request by letter will not be accepted until you have first used
- Form 4868 to get an automatic 4─month extension. Form 2688 or your letter will
- not be considered if you file it after the extended due date.
-
- To get an extension beyond the automatic 4─month extension, you must give all
- the following information:
-
- ∙ The reason for requesting the extension.
-
- ∙ The tax year to which the extension applies.
-
- ∙ The length of time needed for the extension.
-
- ∙ Whether another extension of time to file has already been granted for
- this tax year.
-
- You may sign the request for this extension, or it may be signed by your
- attorney, CPA, enrolled agent, or a person with a power of attorney. If you
- are unable to sign the request because of illness or for another good reason,
- a person in close personal or business relationship to you can sign for
- you, stating why you could not sign the request.
-
- If your application for this extension is approved, you will be notified by
- the IRS. Attach the notice to your return when you file it.
-
- If an extension is granted and the IRS later determines that the statements
- made on your request for this extension are false and misleading and an
- extension would not have been granted at the time based on the true facts,
- the extension is null and void. You will have to pay the failure-to-file
- penalty (discussed later).
-
- If your application for this extension is not approved, you must file your
- return by the extended due date of the automatic extension. You may be allowed
- to file within 10 days of the date of the notice you get from the IRS if the
- end of the 10─day period is later than the due date. The notice will tell you
- if the 10─day grace period is granted.
-
- No further extensions. An extension of more than 6 months will generally not
- be granted. However, if you are outside the United States and meet certain
- tests, you may be granted a longer extension. See Filing Requirements in
- Publication 54 for more information.
-
- How Do I Prepare the Forms?
-
- This section explains how to get ready to fill in your tax return, including
- when to report your income and expenses. It also explains how to complete
- certain sections of the form. You may find the 6 Steps For Preparing Your
- Return chart, shown later, helpful when you prepare your return.
-
- In most cases, the IRS will mail you either Form 1040, Form 1040A, or Form
- 1040EZ with related instructions, based on what you filed last year. Before
- you fill in your return, look over the forms to see if you need additional
- forms or schedules.
-
- If you have not received a tax return package in the mail, or if you need
- other forms, you can order them. You can get most forms and publications
- you need from the IRS Forms Distribution Center by calling the toll-free
- number 1─800─TAX─FORM (1─800─829─3676).
-
- Substitute tax forms. You cannot use your own version of a tax form unless it
- meets the requirements explained in Publication 1167, Substitute Printed,
- Computer-Prepared, and Computer-Generated Tax Forms and Schedules.
-
- Tax help on videotape. A videotape of tax return instructions is available in
- either English or Spanish at participating libraries.
-
- 6 STEPS FOR PREPARING YOUR RETURN
- 1 - Get all of your records together for income and expenses.
- 2 - Get all forms, schedules, and publications that you need.
- 3 - Fill in your return.
- 4 - Check your return to make sure it is correct.
- 5 - Sign and date your return.
- 6 - Attach all required forms and schedules.
-
- When Do I Report My Income and Expenses?
-
- You must figure your taxable income on the basis of a tax year. A "tax year"
- is an annual accounting period used for keeping your records and reporting
- your income and expenses. You must account for your income and deductions in
- a way that clearly shows your taxable income. The way you account is called
- an accounting method. This section explains which accounting periods and
- methods you can use.
-
- Accounting Periods
-
- Most individual tax returns cover a calendar year - the 12 months from
- January 1 through December 31. This is one accounting period. Another
- accounting period is the fiscal year - a 12 - month period that ends on
- the last day of any month except December.
-
- You must choose your accounting period when you file your first income tax
- return. It cannot be longer than 12 months. To change your accounting period,
- you must get permission from the IRS. If you want to change your accounting
- period, get Form 1128, Application to Adopt, Change, or Retain a Tax Year.
-
- Example. During 1991, you were an employee and earned $15,000. You filed your
- 1991 income tax return on a calendar year basis. On July 1, 1992, you quit
- your job and opened your own repair shop. For business reasons, you want to
- file your income tax return on a fiscal year basis from July 1, 1992, to June
- 30, 1993. To change your accounting period, complete and submit Form 1128. The
- new period cannot be used until you receive approval from IRS.
-
- For more information on accounting periods, see Publication 538, Accounting
- Periods and Methods.
-
- Accounting Methods
-
- Your accounting method is the way you account for your income and deductions.
- Most taxpayers use either the cash method or an accrual method.
-
- Cash method. If you use this method, report all items of income in the year
- in which you actually or constructively receive them. Deduct all expenses in
- the year you pay them. This is the method most individual taxpayers use.
-
- Constructive receipt. Income is constructively received when it is credited to
- your account, or is set apart in any way that makes it available to you. You
- do not need to have physical possession of it. For example, dividends or
- interest credited to your bank account on December 31, 1992, are taxable
- income to you in 1992 if you could have withdrawn them in 1992 (even if the
- amount is not entered in your passbook or withdrawn until 1993).
-
- Garnisheed wages. If your employer uses your wages to pay your debts, or
- if your wages are attached or garnisheed, the full amount is constructively
- received by you. You must include these wages in income for the year you
- would have received them.
-
- Brokerage and other accounts. Profits from a brokerage account, or similar
- account, are fully taxable in the year you earn them. This is true even if:
-
- 1) You do not withdraw the earnings,
-
- 2) The credit balance in the account may be reduced or eliminated by losses
- in later years, or
-
- 3) Current profits are used to reduce or eliminate a debit balance from
- previous years.
-
- Debts paid for you. If another person cancels or pays your debts (but not as a
- gift or loan), you have constructively received the amount and must include it
- in your gross income for the year.
-
- Payment to third party. If a third party is paid income from property you own,
- you have constructively received the income. It is the same as if you had
- actually received the income and paid it to the third party.
-
- Payment to an agent. Income received by an agent for you is income
- constructively received by you in the year the agent receives it. If you
- indicate in a contract that your income is to be paid to another person,
- you must include the amount in your gross income when the other person
- receives it.
-
- Check received or available. A valid check you received or that was made
- available to you before the end of the tax year is constructively received
- by you in that year, even if you do not cash the check or deposit it in your
- account until the next year.
-
- No constructive receipt. There may be facts to show that you did not
- constructively receive income.
-
- Example. Alice Johnson, a teacher, agreed to her school board's condition
- that, in her absence, she would receive only the difference between her
- regular salary and the salary of a substitute teacher hired by the school
- board. Therefore, Alice did not constructively receive the amount by which
- her salary was reduced to pay the substitute teacher.
-
- Accrual method. If you use this method, you report income when you earn it,
- whether or not you receive it. You deduct your expenses when you incur them,
- rather than when you pay them.
-
- Income paid in advance. Prepaid income is generally included in gross income
- in the year you receive it. Your method of accounting does not matter as long
- as the income is available to you. Prepaid income includes rents or interest
- received in advance and compensation for services to be performed later.
-
- If, under an agreement, you receive advance payment for services to be
- performed by the end of the next tax year, you can defer these payments from
- income until you earn them by performing the service. You must be an accrual
- method taxpayer to defer advance payments. You cannot defer them beyond the
- year after the year you receive them. For more information, get Publication
- 538.
-
- Changing your accounting method. Once you have chosen your accounting method,
- you ordinarily cannot change it without the permission of the IRS. However,
- you can use a different method for each business you have.
-
- Example. You work for a salary and use the cash method to report that income
- on your tax return. You open a gift shop and continue to work for a salary.
- Even though you use the cash method for your salary, you can use an accrual
- method for reporting income from your gift shop.
-
- How to change. If you want to change your accounting method, get Form
- 3115, Application for Change in Accounting Method. For more information
- on accounting methods, get Publication 538.
-
- Address Label
-
- After you have completed your return, peel your address label off the cover
- of your tax return package and place it in the address area of the Form 1040,
- Form 1040A, or Form 1040EZ you send to the IRS. If you have someone prepare
- your return, give that person your label to use.
-
- The coding on the label is used by the IRS in processing your return. The
- label helps to correctly identify accounts. It also saves processing costs
- and speeds up processing so that refunds can be issued sooner.
-
- Correcting the label. Make necessary name and address changes on the label. If
- you have an apartment number that is not shown on the label, please write it
- in. If you and your spouse file a joint return and maintain separate homes,
- choose one address to enter on your return. If the label is for a joint return
- and the social security numbers are not listed in the same order as the first
- names, change the numbers to show the correct order. If your social security
- number is not correct, or if you changed your name, see the discussion under
- Social Security Number, later.
-
- No label. If you did not receive a tax return package with a label, print
- or type your name, address, and social security number in the spaces provided
- at the top of Form 1040 or Form 1040A. If you are married filing a separate
- return, do not enter your spouse's name in the space at the top. Instead,
- enter his or her name in the space provided on line 3.
-
- If you file Form 1040EZ and you do not have a label, print (do not type) this
- information in the spaces provided.
-
- P.O. box. If your post office does not deliver mail to your street address and
- you have a P.O. box, write your P.O. box number on the line for your present
- home address instead of your street address.
-
- Foreign address. If your address is outside the United States or its
- possessions or territories, enter the information on the line for "City,
- state, and ZIP code" in the following order:
-
- 1) City,
-
- 2) Province or state,
-
- 3) Foreign postal code, and
-
- 4) Name of foreign country.
-
- Do not abbreviate the name of the country.
-
- Social Security Number
-
- You must show your social security number (SSN) on your return. If the number
- shown on the address label on the tax return package you received in the mail
- is wrong, mark through it. Correct it on the label. If you did not receive a
- return with a label, print your number in the space provided on the return.
-
- If you are married and you did not receive a tax return package with a label,
- enter the social security numbers for both you and your spouse, whether you
- file jointly or separately.
-
- Name change. If you changed your name because of marriage, divorce, etc., make
- sure you immediately notify your Social Security Administration (SSA) office
- so the name on your tax return is the same as the one the SSA has on its
- records. This may prevent delays in issuing your refund and safeguard future
- social security benefits.
-
- Dependent's social security number. If you claim an exemption for a dependent
- who is at least 1 year old by December 31, 1992, you must list the dependent's
- SSN on Form 1040 or Form 1040A. The social security number requirement applies
- to all dependents (not just your children) claimed on the tax return who are
- at least 1 year old.
-
- No social security number. If you or your dependent who is at least 1 year old
- does not have an SSN, file a Form SS─5 with your local SSA office. If you are
- a U.S. citizen, you must show proof of age, identity, and citizenship with
- your Form SS─5. If you are 18 or older, you must appear in person.
-
- Form SS-5 is available at any SSA office. If you have any questions about
- which documents you can use as proof of age, identity, or citizenship,
- contact your SSA office.
-
- It usually takes about 2 weeks to get an SSN. If you or your dependent will
- not have a number by the time you are ready to file your tax return, ask the
- SSA to give you a Form SSA─5028, Receipt for Application for a Social Security
- Number.
-
- If you or your dependent does not receive a number by the time you are ready
- to file, you should file your return and enter "Applied for" in the space
- provided for the number. If you have a Form SSA─5028, attach a copy to your
- return.
-
- Nonresident alien dependents. If you claim dependents who are residents of
- Mexico or Canada, they must have SSN's. You can apply for an SSN with either
- the Social Security Administration or a U.S. consulate or embassy. See Social
- Security Number for Dependents in Chapter 3 for more information.
-
- Nonresident alien spouse. If your spouse is a nonresident alien and you file a
- joint return, your spouse must get an SSN. If your spouse does not receive an
- SSN by the time you are ready to file, follow the instructions explained
- earlier under No social security number.
-
- If you file a separate return and your spouse does not have an SSN or any
- income, enter "NRA" in the space provided for your spouse's number.
-
- Penalty for not providing SSN. If you do not give your SSN to another person
- when you are required to, you may have to pay a penalty. See the discussion
- on Penalties, later, for more information.
-
- SSN on correspondence. If you write to the IRS about your tax account, be
- sure to include your SSN in your correspondence. Because your SSN is used to
- identify your account, this helps the IRS respond to your correspondence
- promptly.
-
- Presidential Election Campaign Fund
-
- This fund was set up to help pay for presidential election campaigns.
-
- You may have $1 of your tax liability go to this fund by checking the Yes box
- on Form 1040, Form 1040A, or Form 1040EZ. If you are filing a joint return,
- your spouse may also have $1 go to the fund.
-
- If you check Yes, it will not change the tax you pay or the refund you will
- receive.
-
- Rounding Off Dollars
-
- You may round off cents to whole dollars on your return and schedules. If you
- do round to whole dollars, you must round all amounts. To round, drop amounts
- under 50 cents and increase amounts from 50 to 99 cents to the next dollar.
- For example, $1.39 becomes $1 and $2.50 becomes $3.
-
- If you have to add two or more amounts to figure the amount to enter on a
- line, include cents when adding the amounts and round off only the total.
-
- Example. You receive two W─2 forms: one showing wages of $5,000.55 and one
- showing wages of $18,500.73. On Form 1040, line 7, you would enter $23,501
- ($5,000.55 + $18,500.73 = $23,501.28) instead of $23,502 ($5,001 + $18,501).
-
- Additional Schedules
-
- Depending on the form you file and the items reported on your return, you
- may have to complete additional schedules and attach them to your return.
-
- Form 1040EZ. There are no additional schedules to file for Form 1040EZ.
-
- Form 1040A. If you file Form 1040A, you must complete and attach the following
- four schedules, if they apply to you.
-
- ∙ Schedule 1 to report your interest income or dividend income if either
- amount is more than $400, or if you claim the exclusion of interest from
- Series EE U.S. savings bonds.
-
- ∙ Schedule 2 to take the credit for child and dependent care expenses.
-
- ∙ Schedule 3 to take the credit for the elderly or the disabled.
-
- ∙ Schedule EIC to take the earned income credit.
-
- Form 1040. If you file Form 1040, attach the necessary schedules or forms,
- such as:
-
- ∙ Schedule A to itemize your deductions.
-
- ∙ Schedule B to report over $400 in interest or dividends (including
- capital gain and nontaxable distributions), or to answer the foreign
- accounts and foreign trusts questions.
-
- ∙ Schedule C to report profit or loss from your business or profession.
-
- ∙ Schedule D to report capital gains and losses, and to reconcile Form(s)
- 1099─B to your return.
-
- ∙ Schedule E to report income or loss from rents, royalties, partnerships,
- estates, trusts, S corporations, and REMICs (residual interests).
-
- ∙ Schedule EIC to claim the earned income credit.
-
- ∙ Schedule F to report farm income and expenses.
-
- ∙ Schedule R to claim the credit for the elderly or the disabled.
-
- ∙ Schedule SE to figure self-employment tax.
-
- Foreign financial accounts and foreign trusts. You must complete Part III of
- Schedule B (Form 1040) if:
-
- 1) You received more than $400 in either interest or dividends, or
-
- 2) You had a foreign account or were the grantor of, or transferor to, a
- foreign trust.
-
- If you checked Yes to the question on line 11a, Part III of Schedule B, you
- must file Form TD F 90─22.1, Report of Foreign Bank and Financial Accounts,
- by June 30, 1993, with the Department of the Treasury at the address shown on
- the form. Form TD F 90─22.1 is not a tax return, so do not attach it to your
- Form 1040. Be sure to file your Form 1040 with the IRS. You can get Form TD
- F 90─22.1 by using the order blank at the end of this publication.
-
- For more information, see the instructions for Part III of Schedule B
- (Form 1040).
-
- Assembling your return. Attach all forms and schedules in order of the
- "Attachment Sequence Number" shown in the upper right corner of the form
- or schedule. Attach all other statements or attachments at the end of your
- return, even if they relate to another form or schedule.
-
- Form W─2. Form W─2, Wage and Tax Statement, is a statement from your employer
- of the wages and other compensation paid to you and the taxes withheld from
- your pay. If you worked for more than one employer during the year, you should
- have a Form W─2 from each employer. Be sure to attach the first copy or copy B
- of Form W─2 in the place indicated on the front of your return. For more
- information, see Form W─2 in Chapter 5.
-
- Signatures
-
- You must sign and date your return. If you file a joint return, both you and
- your spouse must sign the return, even if only one of you had income.
-
- If you prepare your own return, leave the space under your signature blank.
- If another person prepares your return and does not charge you, that person
- should not sign your return.
-
- Paid preparer. Generally, anyone who is paid to prepare, assist in preparing,
- or review your tax return must sign it and fill in the other blanks in the
- paid preparer's area of your return. Paid preparers of Form 1040EZ must sign
- the return and provide all other required information at the bottom of the
- form below the area for the taxpayer's signature.
-
- If the preparer is self-employed (that is, not employed by any person or
- business to prepare the return), he or she should check the self-employed
- box in the Paid Preparer's Use Only space on Form 1040 or Form 1040A.
-
- The person required to sign your return must fill in the required preparer
- information and sign in the space provided for the preparer's signature.
- Signature stamps and labels are not acceptable. The preparer must also give
- you a copy of your return in addition to the copy filed with the IRS.
-
- If you have questions about whether a preparer must sign your return, please
- contact any IRS office.
-
- Occupation. Enter your occupation in the space provided in the signature
- section. If you file a joint return, enter both your occupation and your
- spouse's occupation.
-
- Someone else can sign for you. You can appoint an agent to sign your return if
- you are:
-
- 1) Unable to sign the return because of a disability,
-
- 2) Absent from the United States for a continuous period of at least 60 days
- before the due date for filing your return, or
-
- 3) Given permission to do so by the IRS district director in your district.
-
- A return signed by an agent in any of these cases must have a power of
- attorney (POA) attached that authorizes the agent to sign for you.
-
- Signing for an individual with disabilities. If you sign a tax return for
- an individual with disabilities (a parent with disabilities, for example),
- you must attach a power of attorney (POA) to the return. You can use a POA
- specifically designed for the individual with disabilities that states you
- are granted authority to sign the return, or you can use Form 2848, Power of
- Attorney and Declaration of Representative. Part I of Form 2848 must state
- that you are granted authority to sign the return. If you are filing a joint
- return and your spouse has a disability, see Signing a joint return in Chapter
- 2.
-
- Unable to sign. If the taxpayer is mentally incompetent and cannot sign the
- return, it must be signed by a court-appointed representative who can act
- for the taxpayer.
-
- If the taxpayer is mentally competent but physically unable to sign the return
- or POA, a valid "signature" is defined under state law. It can be anything
- that clearly indicates the taxpayer's intent to sign. For example, the
- taxpayer's "X" with the signatures of two witnesses might be considered
- a valid signature under a state's law.
-
- Child's return. If a child is required to file a tax return but cannot sign
- the return, the child's parent, guardian, or another legally responsible
- person must sign the child's name, followed by the words "By (signature),
- parent (or guardian) for minor child."
-
- Refunds
-
- When you complete your return, you will determine if you paid more income tax
- than you owed. If so, you can get a refund of the amount you overpaid or, if
- you file Form 1040 or Form 1040A, you can choose to apply all or part of the
- overpayment to your next year's (1993) estimated tax.
-
- Follow the instructions in your tax forms package to complete the entries to
- claim your refund and/or to apply your overpayment to your 1993 estimated tax.
-
- Note. You cannot have your overpayment applied to your 1993 estimated tax if
- you file Form 1040EZ.
-
- Overpayment less than one dollar. If your overpayment is less than one dollar,
- you will not receive a refund unless you request it on a separate statement
- attached to your return.
-
- Cashing your refund check. U.S. Government checks must be cashed within 12
- months of the date they are issued. Checks not cashed within 12 months will
- be canceled and the proceeds returned to the IRS. Cash your tax refund check
- soon after you receive it.
-
- If your check has been canceled, you can apply to the IRS to have it reissued.
-
- Amount You Owe
-
- When you complete your return, you will determine if you have paid the full
- amount of tax that you owe. If you owe additional tax, you should pay it
- with your return. If you owe less than one dollar, you need not pay it.
-
- If the IRS figures your tax for you, you will receive a bill for any tax
- that is due. You should pay this bill within 30 days.
-
- If you do not pay your tax by the due date, you may have to pay a failure-
- to-pay penalty. See Penalties, later.
-
- Balance due. For more information about your balance due, see Publication
- 586A, The Collection Process (Income Tax Accounts).
-
- Interest
-
- You will have to pay interest on any tax you owe that is not paid by the due
- date of your return. Interest is charged even if you get an extension of time
- for filing.
-
- Interest on penalties. Interest will also be charged on some penalties,
- including the failure-to-file penalty and the accuracy-related penalty.
- Interest is imposed on these penalties as of the due date of the return
- (including extensions) to the date of payment. Interest on other penalties
- starts on the date of notice and demand.
-
- Interest on deficiency suspended. If you are (or were) charged compounded
- interest on a deficiency for any period during which regular interest on the
- deficiency is suspended, you can claim a refund of the compounded interest
- paid for that period. You can file a claim on Form 843, Claim for Refund and
- Request for Abatement, for such interest.
-
- Interest due to IRS error or delay. All or part of any interest you were
- charged for a deficiency or payment can be forgiven if the interest is due
- to an error or delay by an officer or employee of the IRS in performing a
- ministerial act. This is a procedural or mechanical act that occurs during
- the processing of a taxpayer's case.
-
- The interest can be forgiven only if you are not responsible in any important
- way for the error or delay and the IRS has notified you in writing of the
- deficiency or payment. For more information, get Publication 556, Examination
- of Returns, Appeal Rights, and Claims for Refund.
-
- How to Pay
-
- If you pay by check or money order, make it out to Internal Revenue Service.
- Please write your correct name, address, social security number, form number,
- daytime telephone number, and tax year on the front of your check or money
- order.
-
- For example, during 1993 you file your Form 1040 for 1992 and you owe
- additional tax. Write your social security number, daytime telephone number,
- and 1992 Form 1040 on your check or money order. If you file an amended return
- (Form 1040X) for 1991 and you owe tax, write your social security number,
- daytime telephone number, and 1991 Form 1040X on the front of your check or
- money order. Be sure to attach your payment to the front of your return.
-
- Your tax is not paid until your check or money order is paid (IRS receives
- the funds from your bank, etc.).
-
- Do not mail cash with your return. If you pay cash at an IRS office, keep the
- receipt as part of your records.
-
- Do not include any estimated tax payment in your check or money order that is
- for payment of your 1992 taxes. Mail the estimated tax payment separately to
- the address shown in the Form 1040─ES instructions. The address for mailing
- estimated tax payments is different from the address for sending your tax
- return.
-
- Gift to Reduce The Public Debt
-
- You can make a contribution (gift) to reduce the public debt. If you wish to
- do so, enclose a separate check in the envelope with your income tax return,
- and make it payable to Bureau of the Public Debt. You can deduct this gift on
- next year's tax return if you itemize your deductions. Please do not add it
- to any tax you owe. If you owe tax, include a separate check for the tax
- payable to Internal Revenue Service.
-
- Where Do I File?
-
- After you complete your return, you must send it to the IRS. You can mail it
- or you may be able to file it electronically.
-
- Mailing Your Return
-
- If an addressed envelope came with your tax forms package, you should mail
- your return using that envelope.
-
- If you do not have an addressed envelope or if you moved during the year, mail
- your return to the Internal Revenue Service Center for the area where you
- now live. The street address of the Service Center is not needed. A list of
- Service Center addresses is shown at the end of this publication.
-
- Electronic Filing
-
- If you are due a refund on your 1992 tax return, you may be able to have your
- return filed electronically instead of on a paper form. The electronic filing
- method can be used by many tax return preparers and other professional filers
- (who do not prepare returns but use this method to file returns already
- completed by taxpayers). These preparers and filers are equipped to send tax
- return information over telephone lines to an Internal Revenue Service Center.
- They will charge you for this service, but you will normally receive your
- refund sooner, and you may be able to have it deposited directly into your
- savings or checking account. Electronic filing is available to taxpayers in
- all 50 states.
-
- Advantages. Electronic filing can shorten the time for processing returns
- to within 3 weeks. Electronic filing uses automation to replace most of the
- manual steps needed to process paper returns. As a result, processing for
- electronic returns is faster and more accurate. However, errors on the
- return or problems with its transmission or processing can delay your refund.
-
- As with a paper return, you are responsible for making sure your return
- contains accurate information and is filed on time. Electronic filing does
- not affect your chances of an IRS audit of your return.
-
- Form 8453. Your preparer will ask you to sign Form 8453, U.S. Individual
- Income Tax Declaration for Electronic Filing. Your preparer will file the
- form with the IRS. Your signature on the declaration form:
-
- ∙ Certifies that the information on Form 8453 is correct and corresponds to
- the information on your return,
-
- ∙ Authorizes your preparer to file your return electronically, and
-
- ∙ Authorizes the IRS to:
-
- a) Deposit your refund directly to your savings or checking account,
- and
-
- b) Notify your preparer whether the direct deposit request will be
- honored.
-
- Form 8453 is not a power of attorney. It does not authorize your tax preparer
- to receive information from IRS about your tax account.
-
- Your preparer will give you the required preparer-signed copy of your return,
- including a copy of the completed Form 8453. This material is for your
- records. Do not mail this copy to the IRS; if you do, your refund may be
- delayed.
-
- Tele-Tax information. For more information on electronic filing, a recorded
- message is available on the Tele-Tax system. It is Topic Number 112 on the
- Recorded Tax Information. You can also call toll-free 1─800─TAX─1040
- (1─800─829─1040) for more information. Ask for electronic filing information.
-
- Refund inquiries. The IRS will notify your preparer of the date your
- electronic return was accepted for processing. If you do not receive your
- refund within 4 weeks after the return was accepted by IRS, you can call
- Tele-Tax Automated Refund Information. Before you call Tele-Tax, please have
- the following information from your return available:
-
- ∙ The first social security number shown on the return,
-
- ∙ Your filing status, and
-
- ∙ The exact amount of your refund.
-
- If the Tele-Tax recording tells you the date your refund was issued, you
- should receive the refund within a week of that date. If you do not receive
- the refund by the end of that week, contact your IRS office. See the telephone
- numbers listed under Call the IRS With Your Tax Question, at the back of this
- publication.
-
- If Tele-Tax has no information on your return, contact your preparer for the
- date IRS accepted your return. If your return was accepted more than 4 weeks
- ago, contact your local IRS office. Explain that you filed your return
- electronically and that Tele-Tax has no information on it. Also, provide
- the first social security number shown on your return and the date the IRS
- accepted your return.
-
- Direct deposit. To choose direct deposit of your refund, complete Part II of
- Form 8453. Your signature in Part III gives IRS your authorization to deposit
- the refund. Your signature also gives IRS permission to notify your preparer
- whether the direct deposit request will be honored.
-
- Errors in direct deposit information will cause delays in processing your
- refund. Review the information carefully. Make sure the "routing transit
- number" (RTN) of your financial institution contains 9 digits. Your return
- will be rejected if there are less than 9 digits. If this occurs, your
- electronic filer will be notified.
-
- Your request for direct deposit may not be honored if one of the following
- occurs:
-
- ∙ You owe federal tax, a student loan, child support, or debts to other
- federal agencies. (IRS will notify your electronic filer.)
-
- ∙ The IRS has certain special processing needs. (IRS will notify you and a
- paper check will be sent to you.)
-
- Once an electronic return has been accepted by IRS, you cannot cancel the
- direct deposit election nor can you change your RTN or bank account number.
-
- What Happens After I File?
-
- After you send your return to IRS, you may have some questions. This section
- discusses some concerns that you may have about recordkeeping, your refund,
- and errors on your return.
-
- What Records Should I Keep?
-
- You must keep records so that you can prepare a complete and accurate income
- tax return. The law does not require any special form of records. However, you
- should keep all receipts, canceled checks, and other evidence to prove amounts
- you claim as deductions or credits.
-
- How long to keep records. You must keep your records for as long as they are
- important for any Internal Revenue law.
-
- Keep records that support an item of income or a deduction appearing on a
- return until the period of limitations for the return runs out. (A period
- of limitations is the limited period of time after which no legal action can
- be brought.) Usually this is 3 years from the date the return was filed, or
- 2 years from the date the tax was paid, whichever date is later. Returns filed
- before the due date are treated as filed on the due date.
-
- If income that should have been reported on your return was not reported,
- and it is more than 25% of the income shown on the return, the period of
- limitations does not run out until 6 years after the return was filed. If
- a return is false or fraudulent with intent to evade tax, or if no return
- is filed, an action can generally be brought at any time.
-
- If you file a claim for refund, you must be able to prove by your records that
- you have overpaid your tax. Records to support your claim must be maintained
- for a period of at least 4 years after you file the claim.
-
- In property transactions, the basis of new or replacement property may depend
- on the basis of the old property. Keep the records of transactions relating to
- the basis of property for as long as they are important in figuring the basis
- of the original or replacement property. See Chapter 14 for information on
- determining basis.
-
- Copies of returns. You should keep copies of tax returns you have filed
- and the tax return package as part of your records. They may be helpful
- in amending filed returns or preparing future ones.
-
- If you need a copy of a prior year tax return, you can obtain it from the IRS.
- Use Form 4506, Request for Copy of Tax Form. A $4.25 charge for a copy of a
- return must be paid with Form 4506.
-
- Contact your local IRS office if you need a transcript of your tax account.
- You should have available your name, social security number or employer
- identification number (if applicable), tax period, and form number. You will
- receive the following information free of charge:
-
- ∙ Type of return filed
-
- ∙ Filing status
-
- ∙ Tax shown on return
-
- ∙ Adjusted gross income
-
- ∙ Taxable income
-
- ∙ Self-employment tax
-
- ∙ Number of exemptions
-
- For more information on recordkeeping, get Publication 552, Recordkeeping for
- Individuals.
-
- Interest on Refunds
-
- If you are due a refund, you may also be entitled to receive interest on your
- overpayment. The interest rates are adjusted quarterly.
-
- If the refund is made within 45 days of the due date of your return, no
- interest will be paid. If you file your return after the due date (including
- extensions), no interest will be paid if the refund is made within 45 days
- of the date you filed. If the refund is not made within this 45─day period,
- interest will be paid from the due date of the return or from the date you
- filed, whichever is later.
-
- For determining whether you are entitled to any interest on a refund, your
- return will be treated as filed when all of the following steps are completed:
-
- 1) It is filed on a permitted form,
-
- 2) It contains information that identifies you,
-
- 3) It is signed by you, and
-
- 4) It contains sufficient information for mathematical verification of the
- tax liability shown on the return.
-
- Accepting a refund check does not change your right to claim an additional
- refund and interest. File your claim within the applicable period of time.
- See Amended Returns and Claims for Refund, later. If you do not accept a
- refund check, no more interest will be paid on the amount of the overpayment
- included in the check.
-
- Interest on erroneous refund. All or part of any interest you were charged on
- an erroneous refund will generally be forgiven. Any interest charged for the
- period before demand for repayment was made will be forgiven unless:
-
- 1) You, or a person related to you, caused the erroneous refund in any way,
- or
-
- 2) The refund is more than $50,000.
-
- For example, if you claimed a refund of $100 on your return, but the IRS made
- an error and sent you $1,000, you would not be charged interest for the time
- you held the $900 difference. You must, however, repay the $900 when requested
- by the IRS.
-
- Offset Against Debts
-
- If you are due a refund but have not paid certain obligations, all or part of
- your overpayment of tax may be used to pay all or part of the past-due amount.
- This includes past-due income tax, other federal debts (such as student
- loans), and child and spousal support payments. See Reduced refund, under
- Amended Returns and Claims for Refund, later.
-
- Joint return and injured spouse. When a joint return is filed and only one
- spouse is obligated to pay past-due child and spousal support or a federal
- debt, the spouse who is not obligated for the debt can be considered an
- injured spouse. An injured spouse can obtain a refund for his or her share
- of the overpayment that would otherwise be used to pay the past-due amount.
-
- To be considered an injured spouse, you must:
-
- 1) File a joint return,
-
- 2) Have received income (such as wages, interest, etc.),
-
- 3) Have made tax payments (such as federal income tax withheld from wages or
- estimated tax payments),
-
- 4) Report the income and tax payments on the joint return, and
-
- 5) Have an overpayment, all or part of which may be applied against the
- past-due amount.
-
- If you are an injured spouse, you can obtain your portion of the joint refund
- by completing Form 8379, Injured Spouse Claim and Allocation. Follow the
- instructions on the back of the form.
-
- Note. Refunds that involve community property states must be divided according
- to local law. If you live in a community property state in which all community
- property is subject to the debts of either spouse, your entire refund is
- subject to offset. You do not qualify for injured spouse status.
-
- Change of Address
-
- If you move or otherwise change your mailing address, be sure to notify the
- IRS by using Form 8822, Change of Address. Mail it to the Internal Revenue
- Service Center for your old address. Addresses for the Service Centers are
- on the back of the form.
-
- If you move after filing your return and you are expecting a refund, you
- should notify both the post office serving your old address and the Service
- Center where you filed your return. This will help in forwarding your check to
- your new address.
-
- Be sure to include your social security number (and the name and social
- security number of your spouse, if you filed a joint return) in any
- correspondence with the IRS.
-
- Past-Due Refund
-
- If you do not get your refund within 8 weeks after filing your return, call
- your IRS office or write to the Service Center where you filed your return.
- Be sure to include your name, address, daytime telephone number, and social
- security number (and the name and social security number of your spouse, if
- you filed a joint return) in any letter you send to the IRS. Also have the
- social security number(s) available if you call the IRS.
-
- Telephone service for tax refund information. You may be able to call a
- telephone number for your area to find out the status of your income tax
- refund. Please wait 8 weeks after filing your 1992 tax return before using
- this service. However, if you filed your return electronically, see Where
- Do I File? earlier, for information about refund inquiries when you file
- an electronic return.
-
- What If I Made a Mistake?
-
- If there is an error on your tax return, you may have to pay one or more
- penalties. If you discover an error, you can file an amended return or claim
- for refund.
-
- Penalties
-
- To ensure that all taxpayers pay their fair share of taxes, the law provides
- penalties for failure to file returns or pay taxes as required.
-
- Civil Penalties
-
- If you do not file your return and pay your tax by the due date, you may have
- to pay a penalty. You may also have to pay a penalty if you substantially
- understate your tax, file a frivolous return, or fail to supply your social
- security number. If you provide fraudulent information on your return, you
- may have to pay a civil fraud penalty.
-
- Filing late. If you do not file your return by the due date (including
- extensions), you may have to pay a failure-to-file penalty. The penalty is
- based on the tax not paid by the due date (without regard to extensions). The
- penalty is usually 5% for each month or part of a month that a return is late.
- The failure-to-file penalty generally cannot be more than 25% of your tax.
-
- Return over 60 days late. If you file your return more than 60 days after the
- due date or extended due date, the penalty will be at least $100 or 100% of
- the balance of tax due, whichever is smaller.
-
- Fraud. If your failure to file is due to fraud, the penalty is 15% for each
- month or part of a month that your return is late, up to a maximum of 75% of
- your tax.
-
- Exception. You will not have to pay the penalty if you show that you failed
- to file on time because of reasonable cause and not because of willful neglect.
-
- Paying tax late. You will have to pay a failure-to-pay penalty of 1/2 of 1%
- of your unpaid taxes for each month, or part of a month, after the due date
- that the tax is not paid. If a notice of intent to levy is issued, the rate
- will increase to 1% at the start of the first month beginning at least 10 days
- after the day that the notice is issued. If a notice and demand for immediate
- payment is issued, the rate will increase to 1% at the start of the first
- month beginning after the day that the notice and demand is issued.
-
- This penalty cannot be more than 25% of your unpaid tax. You will not have to
- pay the penalty if you can show that you had a good reason for not paying your
- tax on time. This failure-to-pay penalty is added to interest charges on late
- payments.
-
- Combined penalties. If both the failure-to-file and the failure-to-pay penalty
- (discussed earlier) apply in any month, the 5% (or 15%) failure-to-file
- penalty is reduced by the failure-to-pay penalty. However, if you file your
- return more than 60 days after the due date or extended due date, the penalty
- will not be reduced below $100 or 100% of the tax due, whichever is smaller.
-
- Accuracy-related penalty. You may have to pay an accuracy-related penalty if:
-
- 1) There is any underpayment of tax on your return due either to negligence
- or disregard of rules or regulations, or
-
- 2) You substantially understate your income tax.
-
- The penalty is equal to 20% of the underpayment. Each term is discussed later.
-
- The penalty will not be figured on any part of an underpayment on which a
- fraud penalty (discussed later) is charged.
-
- Negligence. The term "negligence" includes a failure to make a reasonable
- attempt to obey rules. The term "disregard" includes any careless, reckless,
- or intentional disregard.
-
- The penalty is based on the part of the underpayment due to negligence or
- disregard of rules or regulations, not on the entire underpayment on the
- return.
-
- Adequate disclosure. The penalty for negligence or disregard of rules or
- regulations may be avoided if you adequately disclose a nonfrivolous
- position on the return or can show reasonable cause and good faith for
- the tax treatment of a particular item.
-
- To make this adequate disclosure, use Form 8275, Disclosure Statement.
-
- Substantial understatement of income tax. You understate the tax if the
- tax shown on your return is less than the correct tax. You substantially
- understate your tax if the understatement is more than 10% of the correct
- tax or $5,000, whichever is larger.
-
- Substantial authority. The understatement may be reduced if there is or was
- substantial authority which supports the tax treatment of the item as you
- reported it on your return. For tax shelter items, this exception applies only
- if you reasonably believed that the tax treatment was more likely than not the
- correct treatment.
-
- Whether there is or was substantial authority depends on the facts and
- circumstances. Consideration will be given to court opinions, Treasury
- regulations, revenue rulings, revenue procedures, and notices and
- announcements issued by the IRS and published in the Internal Revenue
- Bulletin that involve the same or similar circumstances as yours.
-
- Disclosure statement. Except in the case of a tax shelter item, the
- understatement may also be reduced if you have adequately disclosed the
- relevant facts about the tax treatment of the item. To make this disclosure,
- you can use Form 8275.
-
- Items that meet the requirements of Revenue Procedure 91-19, 1991-10 IRB 24
- (or later update), are considered adequately disclosed on your return without
- filing Form 8275. This revenue procedure is updated annually.
-
- Reasonable cause. You will not have to pay a penalty if you show a good reason
- (reasonable cause) for giving special tax treatment to a particular item.
-
- Penalty for frivolous return. You may have to pay a penalty of $500 if you
- file a frivolous return. A frivolous return is one that does not include
- enough information to figure the correct tax or that contains information
- clearly showing that the tax you reported is substantially incorrect.
-
- You will have to pay the penalty if you filed this kind of return because of
- a frivolous position on your part or a desire to delay or interfere with the
- administration of federal income tax laws. This includes altering or striking
- out the preprinted language above the space provided for your signature.
-
- This penalty is added to any other penalty provided by law.
-
- The penalty must be paid in full upon notice and demand from IRS even if you
- protest the penalty.
-
- Fraud penalty. If there is any underpayment of tax on your return due to
- fraud, a penalty of 75% of the underpayment due to fraud will be added to
- your tax.
-
- Joint return. The fraud penalty on a joint return does not apply to a spouse
- unless some part of the underpayment is due to the fraud of that spouse.
-
- Penalty for failure to supply social security number. If you do not include
- your social security number or the social security number of another person,
- including your dependent, where required on a return, statement, or other
- document, (other than returns or statements related to interest, dividends,
- or patronage dividends), you will be subject to a penalty of $50 for each
- failure. You will also be subject to the penalty of $50 if you do not give
- your social security number to another person when it is required on a return,
- statement, or other document.
-
- For example, if you have a bank account that earns interest, you must give
- your social security number to the bank. The number must be shown on the Form
- 1099─INT or other statement the bank sends you. If you do not give the bank
- your social security number, you will be subject to the $50 penalty. (You also
- may be subject to "backup" withholding of income tax. See Chapter 5.)
-
- The maximum penalty is $100,000 for any calendar year. However, you will not
- have to pay the penalty if you are able to show that the failure was due to
- reasonable cause and not willful neglect.
-
- Penalty for failure to furnish tax shelter registration number. A person who
- sells (or otherwise transfers) to you an interest in a tax shelter must give
- you the tax shelter registration number or be subject to a $100 penalty.
- If you claim any deduction, credit, or other tax benefit because of the
- tax shelter, you must attach Form 8271, Investor Reporting of Tax Shelter
- Registration Number, to your return to report this number. You will have to
- pay a penalty of $250 for each failure to report a tax shelter registration
- number on your return. The penalty can be excused if you have a reasonable
- cause for not reporting the number.
-
- Criminal Penalties
-
- You may be subject to criminal prosecution (brought to trial) for actions such
- as:
-
- 1) Tax evasion.
-
- 2) Willful failure to file a return, supply information, or pay any tax due.
-
- 3) Fraud and false statements.
-
- 4) Preparing and filing a fraudulent return.
-
- Amended Returns and Claims for Refund
-
- You should correct your return if, after you have filed it, you find that:
-
- 1) You did not report some income,
-
- 2) You claimed deductions or credits you should not have claimed, or
-
- 3) You did not claim deductions or credits you could have claimed.
-
- If you need a copy of your return, see Copies of returns under What Records
- Should I Keep, earlier in this chapter.
-
- Form 1040X. Use Form 1040X, Amended U.S. Individual Income Tax Return, to
- correct the Form 1040, Form 1040A, or Form 1040EZ you have already filed.
-
- Completing Form 1040X. On Form 1040X, write your income, deductions, and
- credits as you originally reported them on your return, the changes you are
- making, and the corrected amounts. Then figure the tax on the corrected amount
- and the amount you owe or your refund. If you owe tax, you must pay the full
- amount with Form 1040X using Form 1040X Payment-Voucher. The tax owed will
- not be subtracted from any refund you have not yet received or from any amount
- you had credited to your 1993 estimated tax. If you overpaid tax, a refund
- will be sent separately from any refund shown on your original return.
-
- Filing Form 1040X. After you finish your Form 1040X, check it to be sure that
- it is complete. Do not forget to show the year of your original return and
- explain all changes you made. Be sure to attach any forms or schedules needed
- to explain your changes. Mail your Form 1040X to the Internal Revenue Service
- Center serving the area where you now live (as shown in the instructions to
- the form).
-
- A separate form must be filed for each tax year or period involved.
-
- Time for filing a claim for refund. Generally, you must file your claim for a
- credit or refund within 3 years from the date your original return was filed
- or within 2 years from the date the tax was paid, whichever is later. Returns
- filed before the due date are considered to have been filed on the due date.
-
- If the due date for filing a return or claiming a credit or refund is a
- Saturday, Sunday, or legal holiday, the return or claim is considered
- timely filed if it is filed on the next business day.
-
- If you do not file a claim within this period, you may not be entitled to a
- credit or a refund.
-
- Limit on amount of refund. If you file your claim within 3 years after the
- date you filed your return, the credit or refund cannot be more than the part
- of the tax paid within the 3 years (plus any extension of time for filing your
- return) before you filed the claim.
-
- Example 1. You made estimated tax payments of $500 and got an automatic
- extension of time to August 15, 1989, to file your 1988 income tax return.
- When you filed your return on that date, you paid an additional $200 tax.
- Three years later, on August 15, 1992, you file an amended return and claim
- a refund of $700. Because you filed within the 3 years plus the 4─month
- extension period, you could get a refund of $700.
-
- Example 2. The situation is the same as in Example 1, except you filed your
- return on October 31, 1989, 2-1/2 months after the extension period ended. You
- paid an additional $200 on that date. Three years later, on October 25, 1992,
- you file an amended return and claim a refund of $700. Although you filed your
- claim within 3 years from the date you filed your original return, the refund
- is limited to $200. The estimated tax of $500 was paid before the 3 years plus
- the 4─month extension period.
-
- If you file a claim after the 3─year period, but within 2 years from the time
- you paid the tax, the credit or refund cannot be more than the tax you paid
- within the 2 years immediately before you file the claim.
-
- Example. You filed your 1988 tax return on April 15, 1989. You paid taxes of
- $500. On November 3, 1990, after an examination of your 1988 return, you had
- to pay an additional tax of $200. On May 2, 1992, you file a claim for a
- refund of $300. However, your refund will be limited to the $200 you paid
- during the 2 years immediately before you filed your claim.
-
- Exceptions for special types of refunds. If you file a claim for one of the
- items listed below, the dates and limits discussed earlier (under Time for
- filing a claim for refund and Limit on amount of refund) may not apply.
- These special types of refunds are:
-
- ∙ A bad debt.
-
- ∙ A worthless security.
-
- ∙ Foreign tax paid or accrued.
-
- ∙ Net operating loss carryback.
-
- ∙ Carryback of certain tax credits.
-
- ∙ A claim based on an agreement with the Service extending the period for
- assessment of tax.
-
- ∙ An injured spouse claim.
-
- Processing claims for refund. It often takes 2 to 3 months to process a claim.
- Your claim may be accepted as filed or may be subject to examination. If a
- claim is examined, the procedures are the same as in the examination of a
- tax return.
-
- However, you should request in writing that your claim be immediately rejected
- if:
-
- You are filing a claim for a credit or refund based solely on contested
- income tax or on estate tax or gift tax issues considered in your
- previously examined returns, and
-
- You want to take your case to court instead of appealing it within the
- Service.
-
- A notice of claim disallowance will then be promptly sent to you. You have 2
- years from the date of mailing of the notice of disallowance to file a refund
- suit in the United States District Court having jurisdiction or in the United
- States Claims Court.
-
- Reduced refund. Your refund may be reduced by an additional tax liability that
- has been assessed against you.
-
- Also, your refund may be reduced by amounts you owe for past-due child support
- or debts to another federal agency. The IRS will notify you if this happens.
- The refund procedures discussed in this chapter will not be available to you
- to get back the reduction. However, if you are the spouse of a person who
- owes past-due amounts for these obligations and the reduced refund relates to
- an overpayment on a joint return, you may be able to get a refund of your share
- of the overpayment before it is used to pay the past-due amount. See Offset
- Against Debts, earlier.
-
- Affect on state tax liability. If your return is changed for any reason, it
- may affect your state income tax liability. This includes changes made as a
- result of an examination of your return by the IRS. Contact your state tax
- agency for more information.
-