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You can complete an exam on the Federal Tax Law reading on this page instead of the Essay Assignment. You will have 3 hours to complete 80 questions. |
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click here -->Complete Exam for Federal Tax Law II Credit |
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2018 Federal Tax Law Course II |
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In this tax subject, we will review some tax rules that relate to the AMT, prior yeras minimum tax credit, distributions of qualified plans, household employees, the underpayment of tax penalties, filing for claims of refund and penalty abatements. These items dicussed here are not as common and will help bring more clarity for you when they do arise. Once you complete the 2018 filing a tax return tax law course II, you will have satisfied 8 hours of continuing education which satisfies 8 hours of tax law towards your total continuing education required hours. |
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Alternative Minimum Tax—Individuals Recent legislation has extended certain tax benefits. These tax benefits the Alternative fuel vehicle refueling property credit and the deduction for mortgage insurance premiums. Disaster tax relief was enacted for those impacted by certain Presidentially declared disasters. The tax benefits provided by this relief include a deduction against AMT of any net qualified disaster loss, even if you are claiming the standard deduction. You may be impacted by one of the Presidentially declared disasters eligible for this relief and it is in your best interest to get more information about disaster tax relief. There is no AMT adjustment for medical expenses deducted on Schedule A (Form 1040). Public Law 115-97 extended the lower 7.5% adjusted gross income threshold for deducting medical expenses on Schedule A (Form 1040) to all taxpayers for 2017. Line 2 of Form 6251 shows as "Reserved for future use" because no AMT adjustment for this lower rate is required under the new law for 2017. Exemption amount The exemption amount on Form 6251, line 29, has increased to $54,300 ($84,500 if married filing jointly or qualifying widow(er); $42,250 if married filing separately). AMT tax brackets. For 2017, the 26% tax rate applies to the first $187,800 ($93,900 if married filing separately) of taxable excess (the amount on line 30). This change is reflected in lines 31, 42, and 63. Limit on itemized deductions. You can’t deduct all of your itemized deductions for regular tax purposes if your adjusted gross income is more than: $156,900 if married filing separately, $261,500 if single, $287,650 if head of household, or $313,800 if married filing jointly or qualifying widow(er). This limit doesn’t apply for the AMT. You Must File and attach Form 6251 to your return if any of the following statements is true. 1. Form 6251, line 31, is greater than line 34. 2. You claim any general business credit, and either line 6 (in Part I) or line 25 of Form 3800 is more than zero. 3. You claim the qualified electric vehicle credit (Form 8834), the personal use part of the alternative fuel vehicle refueling property credit (Form 8911), or the credit for prior year minimum tax (Form 8801). 4. The total of Form 6251, lines 8 through 27, is negative and line 31 would be greater than line 34 if you did not take into account lines 8 through 27. Purpose of Form Use Form 6251 to figure the amount, if any, of your alternative minimum tax (AMT). The AMT is a separate tax that is imposed in addition to your regular tax. It applies to taxpayers who have certain types of income that receive favorable treatment, or who qualify for certain deductions, under the tax law. These tax benefits can significantly reduce the regular tax of some taxpayers with higher economic incomes. The AMT sets a limit on the amount these benefits can be used to reduce total tax. Also use Form 6251 to figure your tentative minimum tax (Form 6251, line 33). You may need to know that amount to figure the tax liability limit on the credits specifically listed and affected by the AMT. Figuring AMT Amounts For the AMT, certain items of income, deductions, etc., receive different tax treatment than for the regular tax. Therefore, you will need to figure items for the AMT differently than you figured them for the regular tax. You figure AMT items by using the amount you calculated for the regular tax and refiguring it for the AMT. In some cases, it is easiest to refigure an item for AMT by completing a tax form or worksheet a second time using additional AMT instructions. You can label this additional tax form or worksheet “AMT” version. However, if you do complete an AMT version of a form or worksheet, don’t attach it to your tax return unless instructed to do so by the IRS. You may have to attach an AMT Form 1116, Foreign Tax Credit, to your return. As you figure some deductions and credits for the AMT, carrybacks or carryforwards to other tax years may be different than what you figured for the regular tax. Examples are investment interest expense, a net operating loss, a capital loss, a passive activity loss, and the foreign tax credit. Your at-risk limits and basis amounts also may differ for the AMT. Recordkeeping You must keep records to support items reported on Form 6251 in case the IRS has questions about them. If the IRS examines your tax return, you may be asked to explain the items reported. Good records will help you explain any item and arrive at the correct AMT. Keep records that show how you figured income, deductions, etc. for the AMT. Also keep records of any items that you used to figure the AMT that differ from what you used to figure the regular tax. All proofs including departmental reproduction proofs must be kept in your records just in case. Separately figure and track certain carrybacks, carryforwards, basis amounts, depreciation, and loss limitation amounts that differ between the AMT and the regular tax. If you refigure an item for AMT by completing an AMT version of a form or worksheet, keep a copy of that AMT form or worksheet for your records. Partners and Shareholders If you are a partner in a partnership or a shareholder in an S corporation, you must use Schedule K-1 to figure your adjustments or preferences from the partnership or S corporation to include on Form 6251. Nonresident Aliens If you are a nonresident alien and you disposed of U.S. real property interests at a gain, you must make a special computation. This would go in Form 6251 all the way to line 30 of the form. If your net gain from the disposition of U.S. real property interests and the amount on line 28 of Form 6251 are both greater than the tentative amount you figured for line 30, replace the amount on line 30 with the smaller of that net gain or the amount on line 28. Also, enter “RPI” on the dotted line next to line 30. This stands for Real Property Interest. Otherwise, don’t change line 30. Credit for Prior Year Minimum Tax See Form 8801, Credit for Prior Year Minimum Tax—Individuals, Estates, and Trusts, If you paid AMT for 2016 or you had a minimum tax credit carryforward on your 2016 Form 8801, you must file Form 8801 to report this to the IRS. Likewise, if you pay AMT for 2017, you may be able to take a credit on Form 8801 for 2018. Optional Write-Off for Certain Expenditures There is no AMT adjustment for the following items if you elect for the regular tax to deduct them ratably over the period of time shown. You may be able to write-off these expenditures. Circulation expenditures—3 years Research and experimental expenditures—10 years Mining exploration and development costs—10 years. Intangible drilling costs—60 months. Itemized Deductions If you owe AMT, you may be able to lower your total tax (regular tax plus AMT) by claiming itemized deductions on Form 1040, even if your total itemized deductions are less than the standard deduction. This is because the standard deduction isn’t allowed for the AMT and, if you claim the standard deduction on Form 1040, you can’t claim itemized deductions for the AMT. Alternative Minimum Taxable Income (AMTI) To avoid any duplicate reporting of AMT income, any adjustment or preference for line 5, 19, or 20 of Form 6251 or for a tax shelter farm activity on line 27 of Form 6251 must not be taken into account in figuring the amount to enter for any other adjustment or preference. If your Form 1040, line 43, includes a write-in amount (such as a capital construction fund deduction for commercial fishermen), adjust line 1 by the write-in amount. Net qualified disaster loss. If you filed Schedule A just to claim an increased standard deduction on Form 1040 due to a loss you suffered related to property in a Presidentially declared disaster area, then enter the amount from Form 1040, line 41, even though it has been reduced by the standard deduction, and go to line 7 of Form 6251 to include the amount of the standard deduction (before it was increased by any net qualified disaster loss) on line 27. If you are filing Form 1040NR, enter the amount from Form 1040NR, line 39. If less than zero, enter as a negative amount. On line 3 of Form 6251, enter enter the amount of all taxes from Schedule A (Form 1040), line 9, except any generation-skipping transfer taxes on income distributions. If you are filing Form 1040NR, enter the amount of all taxes from Schedule A (Form 1040NR), line 1, except any generation-skipping transfer taxes on income distributions. Home Mortgage Interest Adjustment Complete the Home Mortgage Interest Adjustment Worksheet to figure the amount to enter on this line. The definitions of certain terms used in the worksheet are as follows. Eligible mortgage. An eligible mortgage is a mortgage whose proceeds were used to buy, build, or substantially improve your main home or a second home that is a qualified dwelling. A mortgage whose proceeds were used to refinance another mortgage isn’t an eligible mortgage. Qualified dwelling. A qualified dwelling is any house, apartment, condominium, or mobile home not used on a transient basis. Family. Family includes only your brothers and sisters (whether by whole or half blood), your spouse, your ancestors, and your lineal descendants. Example. In 2017, Dave and Jennifer paid $10,000 in interest on a mortgage they took out to buy their home (an eligible mortgage). In May 2017, they refinanced that mortgage and paid $9,000 in interest through the rest of the year. The balance of the new mortgage is the same as the balance of the old mortgage. In July 2017, they obtained a home equity loan on their home and used the proceeds to buy a new car. They paid $5,000 in interest on the home equity loan in 2017. They enter the following amounts on the Home Mortgage Interest Adjustment Worksheet: $24,000 on line 1 ($10,000 plus $9,000 plus $5,000), $10,000 on line 2, $9,000 on line 3, -0- on line 4, $19,000 on line 5 ($10,000 plus $9,000), and $5,000 on line 6 ($24,000 minus $19,000). Line 5—Miscellaneous Deductions If you are filing Form 1040NR, enter the amount from Schedule A (Form 1040NR), line 13. Line 6—Overall Limit on Itemized Deductions If Form 1040, line 38, is over $261,500 ($287,650 if head of household; $313,800 if married filing jointly or qualifying widow(er); or $156,900 if married filing separately), enter the amount from line 9 of the Itemized Deductions Worksheet in the Instructions for Schedule A (Form 1040). Enter it as a negative amount. -2- Instructions for Form 6251 (2017) If Form 1040, line 38, isn’t more than the amount listed above for your filing status, enter -0-. Form 1040NR. Enter the amount from line 9 of the Itemized Deductions Worksheet in the instructions for Form 1040NR if you are filing Form 1040NR and line 37 of Form 1040NR is over the amount listed below for your filing status: $261,500 and you checked filing status box 1 or 2, $156,900 and you checked filing status box 3, 4, or 5, or $313,800 and you checked filing status box 6. Enter it as a negative amount. If Form 1040NR, line 37, isn’t more than the amount just listed for your filing status, enter -0-. Line 7—Refund of Taxes Include any refund from Form 1040, line 10 (or Form 1040NR, line 11), that is attributable to state or local income taxes. Also include any refunds received in 2017 and included in income on Form 1040, line 21, that are attributable to state or local personal property taxes or general sales taxes, foreign income taxes, or state, local, or foreign real property taxes. Enter the total as a negative amount. If you include an amount from Form 1040, line 21, you must enter a description and the amount next to the entry space for line 7. For example, if you include a refund of real property taxes, enter “real property” and the amount next to the entry space. Line 8—Investment Interest If you filled out Form 4952, Investment Interest Expense Deduction, for your regular tax, you will need to fill out a second Form 4952 for the AMT as follows. Step 1. Follow the Form 4952 instructions for line 1, but also include the following amounts when completing line 1. Any interest expense on Form 6251, line 4, that was paid or accrued on indebtedness attributable to property held for investment within the meaning of section 163(d)(5) (for example, interest on a home equity loan whose proceeds were invested in stocks or bonds). Any interest that would have been deductible if tax-exempt interest on private activity bonds were includible in gross income. Step 2. Enter your AMT disallowed investment interest expense from 2016 on line 2. Complete line 3. Step 3. When completing Part II, refigure the following amounts, taking into account all adjustments and preferences. Gross income from property held for investment. Net gain from the disposition of property held for investment. Net capital gain from the disposition of property held for investment. Investment expenses. Include on line 4a any tax-exempt interest income from private activity bonds that must be included on Form 6251, line 12. If you have any investment expenses that would have been deductible if the interest on the bonds were includible in gross income for the regular tax, you can use them to reduce the amount on line 4a or include them on line 5. On line 4g, enter the smaller of: 1. The amount from line 4g of your regular tax Form 4952, or 2. The total of lines 4b and 4e of this AMT Form 4952. Step 4. Complete Part III. Enter on Form 6251, line 8, the difference between line 8 of your AMT Form 4952 and line 8 of your regular tax Form 4952. If your AMT expense is greater, enter the difference as a negative amount. Investment interest expense that isn’t an itemized deduction. If you didn’t itemize deductions and you had investment interest expense, don’t enter an amount on Form 6251, line 8, unless you reported investment interest expense on Schedule E, Supplemental Income and Loss (Form 1040). If you did, follow the steps above for completing Form 4952. Allocate the investment interest expense allowed on line 8 of the AMT Form 4952 in the same way you did for the regular tax. Enter on Form 6251, line 8, the difference between the amount allowed on Schedule E for the regular tax and the amount allowed on Schedule E for the AMT. Line 9—Depletion Refigure your depletion deduction for the AMT. To do so, use only income and deductions allowed for the AMT when refiguring the limit based on taxable income from the property under Home Mortgage Interest Adjustment Worksheet—Line 4 Keep for Your Records 1. Enter the total of the home mortgage interest you deducted on lines 10 through 12 of Schedule A (Form 1040) and any mortgage insurance premiums you deducted on line 13 of Schedule A (Form 1040) ..................... 1. 2. Enter the part, if any, of the interest included on line 1 above that was paid on an eligible mortgage (defined in the line 4 instructions). Include any mortgage insurance premiums included on line 1 above that were paid in connection with an eligible mortgage ........................... 2. 3. Enter the part, if any, of the interest included on line 1 above that was paid on a mortgage whose proceeds were used in a refinancing (including a second or later refinancing) of an eligible mortgage. Include any mortgage insurance premiums included on line 1 above that were paid in connection with such a mortgage. Don’t include any interest paid on (or any mortgage insurance premiums paid in connection with) the part of the balance of the new mortgage that exceeded the balance of the original eligible mortgage immediately before it was refinanced (or, if smaller, the balance of any prior refinanced mortgage immediately before that mortgage was refinanced) ...... 3. 4. Enter the part, if any, of the interest included on line 1 above that was paid on a mortgage: • Taken out before July 1, 1982, and • Secured, at the time the mortgage was taken out, by your main home or a qualified dwelling used by you or your family (see definitions). Don’t include any amount entered on line 2 or line 3 above ..................................... 4. 5. Add lines 2 through 4 ........................................ 5. 6. Subtract line 5 from line 1 and enter the result on Form 6251, line 4 ........ 6. Instructions for Form 6251 (2017) section 613(a) and the limit based on taxable income, with certain adjustments, under section 613A(d)(1). Also, your depletion deduction for mines, wells, and other natural deposits under section 611 is limited to the property's adjusted basis at the end of the year, as refigured for the AMT, unless you are an independent producer or royalty owner claiming percentage depletion for oil and gas wells under section 613A(c). Figure this limit separately for each property. When refiguring the property's adjusted basis, take into account any AMT adjustments you made this year or in previous years that affect basis (other than current year depletion). Enter the difference between the regular tax and AMT deduction. If the AMT deduction is more than the regular tax deduction, enter the difference as a negative amount. Line 10—Net Operating Loss Deduction If you
are filing Form 1040NR, enter your net operating loss deduction from Form
1040NR, line 21, as a positive amount. Line 11—Alternative Tax Net Operating Loss Deduction (ATNOLD) The ATNOLD is the sum of the alternative tax net operating loss (ATNOL) carrybacks and carryforwards to the tax year, subject to the limitations. Figure your ATNOLD as follows. Your ATNOL for a loss year is the excess of the deductions allowed for figuring AMTI (excluding the ATNOLD) over the income included in AMTI. Figure this excess with the modifications in section 172(d), taking into account your AMT adjustments and preferences (that is, the section 172(d) modifications must be separately figured for the ATNOL). For example, the limitation of nonbusiness deductions to the amount of nonbusiness income must be separately figured for the ATNOL, using only nonbusiness income and deductions that are included in AMTI. Your ATNOLD may be limited. To figure the ATNOLD limitation, you must first figure your AMTI without regard to the ATNOLD and any domestic production activities deduction. To do this, first figure a tentative amount for line 9 by treating line 11 as if it were zero. Next, figure a tentative total of lines 1 through 27 using the tentative line 9 amount and treating line 11 as if it were zero. This is your AMTI figured without regard to the ATNOLD. Add any domestic production activities deduction to this tentative total. Your ATNOLD is limited to 90% of the result. However, the 90% limit doesn’t apply to an ATNOL that is attributable to qualified disaster losses before December 19, 2004 (as defined in section 172(j)), qualified Gulf Opportunity Zone losses (as defined in section 1400N(k)(2)), qualified recovery assistance losses (as defined in Pub. 4492-A, Information for Taxpayers Affected by the May 4, 2007, Kansas Storms and Tornadoes), qualified disaster recovery assistance losses (as defined in Pub. 4492-B, Information for Affected Taxpayers in the Midwestern Disaster Areas), or a 2008 or 2009 loss that you elected to carry back more than 2 years under section 172(b)(1)(H). Therefore, if an ATNOL that is carried back or carried forward to the tax year is attributable to any of those losses, the ATNOLD for the tax year is limited to the sum of: 1. The smaller of: a. The sum of the ATNOL carrybacks and carryforwards to the tax year attributable to net operating losses other than those losses described in 2a below, or b. 90% of AMTI for the tax year (figured without regard to the ATNOLD and any domestic production activities deduction, as discussed earlier), plus 2. The smaller of: a. The sum of the ATNOL carrybacks and carryforwards to the tax year attributable to qualified disaster losses, qualified Gulf Opportunity Zone losses, qualified recovery assistance losses, qualified disaster recovery assistance losses, and any 2008 or 2009 loss that you elected to carry back more than 2 years under section 172(b) (1)(H), or b. 100% of AMTI for the tax year (figured without regard to the ATNOLD and any domestic production activities deduction, as discussed earlier) reduced by the amount determined under (1). Enter on line 11 the smaller of the ATNOLD or the ATNOLD limitation. Enter it as a negative amount. Any ATNOL not used may be carried back 2 years or forward up to 20 years. In some cases, the carryback period is longer than 2 years; for details, see Pub. 536. The treatment of ATNOLs doesn’t affect your regular tax NOL. However, if you elected under section 172(b)(3) to forgo the carryback period for the regular tax, the election also applies for the AMT. Line 12—Interest From Private Activity Bonds Enter on line 12 interest income from “specified private activity bonds” reduced (but not below zero) by any deduction that would have been allowable if the interest were includible in gross income for the regular tax. Each payer of this type of interest should send you a Form 1099-INT showing the amount of this interest in box 9. Generally, the term “specified private activity bond” means any private activity bond (as defined in section 141) the interest on which isn’t includible in gross income for the regular tax, if the bond was issued after August 7, 1986. But specified private activity bonds generally don’t include any bonds issued in 2009 or 2010. See section 57(a)(5) for other exceptions and more details. Don’t include interest on qualified Gulf Opportunity Zone bonds or qualified Midwestern disaster area bonds. Exempt-interest dividends paid by a mutual fund or other regulated investment company are treated as interest income on specified private activity bonds to the extent the dividends are attributable to interest on the bonds received by the company, minus an allocable share of the expenses paid or incurred by the company in earning the interest. This amount should be reported to you on Form 1099-DIV in box 11. If you are filing Form 8814, Parents' Election To Report Child's Interest and Dividends, include on this line any tax-exempt interest income from line 1b of that form that is a preference item. Line 13—Qualified Small Business Stock If you claimed the exclusion under section 1202 for gain on qualified small business stock acquired before September 28, 2010 and held more than 5 years, multiply the excluded gain (as shown on Form 8949 in column (g)) by 7% (0.07). Enter the result on line 13 as a positive amount. -4- Instructions for Form 6251 (2017) Line 14—Exercise of Incentive Stock Options For the regular tax, no income is recognized when an incentive stock option (ISO), as defined in section 422(b), is exercised. However, this rule doesn’t apply for the AMT. Instead, you generally must include on line 14 the excess, if any, of: 1. The fair market value of the stock acquired through exercise of the option (determined without regard to any lapse restriction) when your rights in the acquired stock first become transferable or when these rights are no longer subject to a substantial risk of forfeiture, over 2. The amount you paid for the stock, including any amount you paid for the ISO used to acquire the stock. Even if your rights in the stock aren’t transferable and are subject to a substantial risk of forfeiture, you may elect to include in AMT income the excess of the stock's fair market value (determined without regard to any lapse restriction) over the exercise price upon the transfer to you of the stock acquired through exercise of the option. You must make the election by the 30th day after the date of the transfer. See Pub. 525, Taxable and Nontaxable Income, for more details. If you acquired stock by exercising an ISO and you disposed of that stock in the same year, the tax treatment under the regular tax and the AMT is the same, and no adjustment is required. Increase your AMT basis in any stock acquired through the exercise of an ISO by the amount of the adjustment. Keep adequate records for both the AMT and regular tax so that you can figure your adjustment. See the instructions for line 17. Form 3921. If you received a Form 3921, it may help you figure your adjustment. Example. You exercised an ISO to acquire 100 shares of stock in 2017. Your rights in the acquired stock first became transferable on the date you exercised the ISO and weren’t subject to a substantial risk of forfeiture. You didn’t pay anything for the ISO. You didn’t sell the acquired stock during 2017. You received a Form 3921 that shows $10 in box 3 (the exercise price you paid for each share), $25 in box 4 (the fair market value of each share on the exercise date), and 100 shares in box 5 (the number of shares you acquired). To figure your adjustment, multiply the amount in box 4, $25, by the 100 shares in box 5. The result is $2,500, the fair market value of all the shares. Then multiply the amount in box 3, $10, by the 100 shares in box 5. The result is $1,000, the amount you paid for all the shares. Your adjustment is $1,500 ($2,500 − $1,000). Enter it on Form 6251, line 14. Line 16—Large Partnerships If you were a partner in an electing large partnership, enter the amount from Schedule K-1 (Form 1065-B), box 6. Take into account any amount from box 5 on Form 6251, line 19. Line 17—Disposition of Property Your AMT gain or loss from the disposition of property may be different from your gain or loss for the regular tax. This is because the property may have a different adjusted basis for the AMT. Use this line to report any AMT adjustment resulting from refiguring: 1. Gain or loss from the sale, exchange, or involuntary conversion of property reported on Form 4797, Sales of Business Property; 2. Casualty gain or loss to business or income-producing property reported on Form 4684, Casualties and Thefts; 3. Ordinary income from the disposition of property not already taken into account in (1) or (2) or on any other line on Form 6251, such as a disqualifying disposition of stock acquired in a prior year by exercising an incentive stock option; and 4. Capital gain or loss (including any carryover that is different for the AMT) reported on Form 8949, Sales and Other Dispositions of Capital Assets, or Schedule D (Form 1040), Capital Gains and Losses. First figure any ordinary income adjustment related to (3) above. Then, refigure Form 4684, Form 4797, Form 8949, and Schedule D for the AMT, if applicable, by taking into account any adjustments you made this year or in previous years that affect your basis or otherwise result in a different amount for the AMT. If you have a capital loss after refiguring Schedule D for the AMT, apply the $3,000 capital loss limitation separately to the AMT loss. Because the amount of your gains and losses may be different for the AMT, the amount of any capital loss carryover also may be different for the AMT. See the following example. To figure your AMT capital loss carryover, fill out an AMT Capital Loss Carryover Worksheet in the Schedule D instructions. For each of the four items listed earlier, figure the difference between the amount included in taxable income for the regular tax and the amount included in income for the AMT. Include the difference as a negative amount on line 17 if (a) both the AMT and regular tax amounts are zero or more and the AMT amount is less than the regular tax amount or (b) the AMT amount is a loss, and the regular tax amount is a smaller loss or is zero or more. Enter on line 17 the combined adjustments for the four items listed earlier. Example. On March 13, 2016, Victor Ash, whose filing status is single, paid $20,000 to exercise an incentive stock option (which was granted to him on January 3, 2015) to buy 200 shares of stock worth $200,000. The $180,000 difference between his cost and the value of the stock at the time he exercised the option isn’t taxable for the regular tax. His regular tax basis in the stock at the end of 2016 is $20,000. For the AMT, however, Ash must include the $180,000 as an adjustment on his 2016 Form 6251. His AMT basis in the stock at the end of 2016 is $200,000. On January 18, 2017, Ash sold 100 of the shares for $75,000. Because Ash didn’t hold these shares more than 1 year, that sale is a disqualifying disposition. For the regular tax, Ash has ordinary income of $65,000 ($75,000 minus his $10,000 basis in the 100 shares). Ash has no capital gain or loss for the regular tax resulting from the sale. For the AMT, Ash has no ordinary income, but has a short-term capital loss of $25,000 ($75,000 minus his $100,000 AMT basis in the 100 shares). On April 21, 2017, Ash sold the other 100 shares for $60,000. Because he held the shares for more than 1 year and more than 2 years had passed since the option was granted to him, the sale isn’t a disqualifying disposition. For the regular tax, Ash has a long-term capital gain of $50,000 ($60,000 minus his regular tax basis of $10,000). For the AMT, Ash has a long-term capital loss of $40,000 ($60,000 minus his AMT basis of $100,000). Ash has no other sales of stock or other capital assets for 2017. Ash enters a total negative adjustment of $118,000 on line 17 of his 2017 Form 6251, figured as follows: Ash figures a negative adjustment of $65,000 for the difference between the Instructions for Form 6251 (2017). See Who Must File , earlier, to find out if you must attach Form 6251 to your return. Determine if you can carry back or carry forward your unused 2017 AMTFTC. See AMTFTC Carryback and Carryforward , later. If you can carry back or carry forward your unused 2017 AMTFTC, you will need to complete line 32 for your records. If the amount on line 34 is less than the amount on line 31, figure your AMTFTC and enter it on line 32. Figuring the AMTFTC. If you made an election to claim the foreign tax credit on your 2017 Form 1040 (or Form 1040NR) without filing Form 1116, your AMTFTC is the same as the foreign tax credit on Form 1040, line 48 (or Form 1040NR, line 46). Enter that amount on Form 6251, line 32. For more information about electing to claim your foreign tax credit without filing Form 1116, see the Instructions for Form 1116. Otherwise, figure your AMTFTC as follows. Step 1. Separate your foreign source income into categories. See the Instructions for Form 1116 for information about categories of income. Complete a separate AMT Form 1116 for each separate category of income. Write “AMT” and specify the category of income in the top margin of each Form 1116. Figuring high-taxed income. When applying the separate categories of income, use the applicable AMT rate instead of the regular tax rate to determine if any income is “high-taxed.” Step 2. Complete Part I of each AMT Form 1116 using only income and deductions that are allowed for the AMT and attributable to sources outside the United States. Simplified limitation election. If you previously made or are making the simplified limitation election, skip Part I and go to Step 3. For more information about the simplified limitation election, see Simplified Limitation Election , later. Foreign source qualified dividends and capital gains. If you have any foreign source qualified dividends or foreign source capital gains (including any foreign source capital gain distributions) or losses, use the following instructions to determine whether you must make adjustments to those amounts before you include the amounts on line 1a or line 5 of the AMT Form 1116. Foreign qualified dividends. You must adjust your foreign source qualified dividends before you include those amounts on line 1a of the AMT Form 1116 if: Line 62 of Form 6251 is smaller than line 63, and Line 41 of Form 6251 is greater than zero. But you don’t need to make any adjustments if: You qualify for the adjustment exception under Qualified Dividends and Capital Gain Tax Worksheet (Individuals) or Adjustments to foreign qualified dividends under Schedule D Filers in the Instructions for Form 1116, and Line 41 of Form 6251 isn’t more than $187,800 ($93,900 if married filing separately or if you checked filing status box 3, 4, or 5 on Form 1040NR). Use your capital gains and losses as refigured for the AMT to determine whether your total amounts are less than the $20,000 threshold under the adjustment exception. If you qualify for the adjustment exception, your election also applies when you determine whether you must adjust your capital gain distributions or other capital gains or losses. It also applies to Step 4. To adjust your foreign source qualified dividends, multiply your foreign source qualified dividends in each separate category by 0.5357 if the foreign source qualified dividends are taxed at a rate of 15%, and by 0.7143 if they are taxed at a rate of 20%. Include the results on line 1a of the applicable AMT Form 1116. You adjust your foreign source qualified dividends taxed at the 0% rate by not including them on line 1a. Amounts taxed at the 0% rate are on line 11 of the Qualified Dividends and Capital Gain Tax Worksheet in the Form 1040 instructions, line 9 of the Qualified Dividends and Capital Gain Tax Worksheet in the Form 1040NR instructions, or line 20 of the Schedule D Tax Worksheet. Don’t adjust the amount of any foreign source qualified dividends you elected to include on line 4g of AMT Form 4952. Individuals with capital gain distributions only. If you have no capital gains or losses other than capital gain distributions from box 2a of Form(s) 1099-DIV or substitute statement(s), you must adjust your foreign source capital gain distributions if you are required to adjust your foreign source qualified dividends under the rules just described or you would be required to adjust your foreign source qualified dividends if you had any. To adjust your foreign source capital gain distributions, multiply your foreign source capital gain distributions in each separate category by 0.5357 if the foreign source capital gain distributions are taxed at a rate of 15%, and by 0.7143 if they are taxed at a rate of 20%. Include the results on line 1a of the applicable AMT Form 1116. You adjust your foreign source capital gain distributions taxed at the 0% rate by not including them on line 1a. Amounts taxed at the 0% rate are on line 11 of the Qualified Dividends and Capital Gain Tax Worksheet in the Form 1040 instructions, line 9 of the Qualified Dividends and Capital Gain Tax Worksheet in the Form 1040NR instructions, or line 20 of the Schedule D Tax Worksheet. Don’t adjust the amount of any foreign source capital gain distributions you elected to include on line 4g of AMT Form 4952. Individuals with other capital gains or losses. If any capital gain or loss is different for the AMT, use amounts as refigured for the AMT to complete this step. Use Worksheet A in the Instructions for Form 1116 to determine the adjustments you must make to your foreign source capital gains or losses (as refigured for the AMT) if you have foreign source capital gains or losses (as refigured for the AMT) in no more than two separate categories and any of the following apply. You aren’t required to make adjustments to your foreign source qualified dividends under the rules described earlier (or you wouldn’t be required to make those adjustments if you had foreign source qualified dividends). Line 15 or 16 of the AMT Schedule D (Form 1040) is zero or a loss. On the AMT Qualified Dividends and Capital Gain Tax Worksheet in the Form 1040 instructions, (a) line 3 of that worksheet minus the amount on Form 4952, line 4e, that you elected to include on Form 4952, line 4g, is zero or less, (b) line 7 of that worksheet is zero, or (c) line 25 of that worksheet is equal to or greater than line 26. On the AMT Qualified Dividends and Capital Gain Tax Worksheet in the Form 1040NR instructions, (a) line 3 of that worksheet is zero, (b) line 5 of that worksheet is zero, or (c) line 23 of that worksheet is equal to or greater than line 24. On the AMT Schedule D Tax Worksheet (Form 1040), (a) line 18 is zero, (b) line 9 is zero or less, or (c) line 43 is equal to or greater than line 44. Use Worksheet B in the Instructions for Form 1116 if you: Can’t use Worksheet A, Have foreign source capital gains and losses in no more than two separate categories, Didn’t have any item of unrecaptured section 1250 gain or 28% rate gain or loss for the AMT, and Don’t have any capital gains taxed at a rate of 0% or 20%. Instructions for Worksheets A and B. When you complete Worksheet A or Worksheet B, use foreign source capital gains and losses, as refigured for the AMT if necessary, and don’t use any foreign source capital gains you elected to include on line 4g of AMT Form 4952. If you are required to complete a Schedule D for the AMT, use line 16 of that AMT Schedule D to complete line 3 of Worksheet A or line 4 of the Line 2 Worksheet for Worksheet B. Use 0.5357 instead of 0.3788 to complete lines 11, 13, and 15 of Worksheet B and to complete lines 8, 11, and 17 of the Line 15 Worksheet for Worksheet B. If you don’t qualify to use Worksheet A or Worksheet B, use the instructions for Capital Gains and Losses in Pub. 514 to determine the adjustments you make. When using the instructions in Pub. 514 to determine if you must adjust foreign source capital gains and losses, make the following substitutions. When the amount of any AMT gain is in the 15% rate group, multiply it by 0.5357 instead of 0.3788. When the amount of any AMT gain is in the 20% rate group, multiply it by 0.7143 instead of 0.5051. When the amount of any AMT gain is in the 25% rate group, multiply it by 0.8929 instead of 0.6313. When the amount of any AMT gain is in the 28% rate group, multiply it by 1.0 instead of 0.7071. Step 3. Complete Part II and lines 9 through 17 of the AMT Form 1116. Use your AMTFTC carryover, if any, on line 10. Simplified limitation election. If you previously made or are making the simplified limitation election, complete Part II and lines 9 through 14. Use your AMTFTC carryover, if any, on line 10. Skip lines 15 and 16. Enter on your AMT Form 1116, line 17, the same amount you entered on that line for the regular tax. Step 4. Enter the amount from line 28 of Form 6251 on line 18 of the AMT Form 1116 unless you must complete an AMT Worksheet for Line 18. In most cases, you must complete an AMT Worksheet for Line 18 if you completed Part III of Form 6251 and: Line 62 of Form 6251 is smaller than line 63, and Line 41 of Form 6251 is greater than zero. But even if you meet the requirements above, you don’t need to complete an AMT Worksheet for Line 18 if: You qualify for the adjustment exception under Qualified Dividends and Capital Gain Tax Worksheet (Individuals) or Adjustments to foreign qualified dividends under Schedule D Filers in the Instructions for Form 1116, and Line 41 of Form 6251 isn’t more than $187,800 ($93,900 if married filing separately or if you checked filing status box 3, 4, or 5 on Form 1040NR). Note. Use your capital gains and losses as refigured for the AMT to determine whether your total amounts are less than the $20,000 threshold under the adjustment exception. If you have any foreign source qualified dividends or capital gains (or losses), then you must make the same adjustment exception election you made in Step 2. Instructions for AMT Worksheet for Line 18. If you must complete an AMT Worksheet for Line 18 for your AMT Form 1116, you will use the Worksheet for Line 18 in the Instructions for Form 1116 and do the following. 1. Enter the amount from Form 6251, line 28, on line 1 of the worksheet. 2. Skip lines 2 and 3 of the worksheet. 3. Enter the amount from Form 6251, line 60, on line 4 of the worksheet. 4. Multiply line 4 of the worksheet by 0.1071 (instead of 0.3687). Enter the result on line 5 of the worksheet. 5. Enter the amount from Form 6251, line 57, on line 6 of the worksheet. 6. Multiply line 6 of the worksheet by 0.2857 (instead of 0.4949). Enter the result on line 7 of the worksheet. 7. Enter the amount from Form 6251, line 54, on line 8 of the worksheet. 8. Multiply line 8 of the worksheet by 0.4643 (instead of 0.6212). Enter the result on line 9 of the worksheet. 9. Enter the amount from Form 6251, line 47, on line 10 of the worksheet. 10. Complete lines 11 and 12 of the worksheet as instructed on the worksheet. 11. Enter the amount from your AMT Worksheet for Line 18 on your AMT Form 1116, line 18. Step 5. Enter the amount from Form 6251, line 31, on the AMT Form 1116, line 20. Complete lines 19, 21, and 22 of the AMT Form 1116. Step 6. Complete Part IV of the first AMT Form 1116 only. Enter on Form 6251, line 32, the amount from line 30 of the first AMT Form 1116. Attach to your tax return, after Form 6251, all AMT Forms 1116 you used to figure your AMTFTC. But don’t attach AMT Forms 1116 if your AMTFTC is the same as your regular tax foreign tax credit. AMTFTC Carryback and Carryforward If your AMTFTC is limited, the unused amount generally may be carried back or forward according to section 904(c). No AMTFTC carryback or carryfor- ward allowed in 2017. If you made the election to claim the foreign tax credit on your 2017 Form 1040 (or Form 1040NR) without filing Form 1116, any unused AMTFTC for 2017 can’t be carried back or forward. In addition, you can’t claim any unused AMTFTC from another year in 2017. Simplified Limitation Election You may elect to use a simplified section 904 limitation to figure your AMTFTC. If you do, when figuring your AMTFTC, you will use the same net foreign source income for AMT that you used for regular tax. (The amount on line 17 of your AMT Form 1116 will be the same as the amount on line 17 of your regular tax Form 1116.) You must make the election for the first tax year after 1997 for which you claim an AMTFTC. If you don’t make the election for that year, you may not make it for a later year. Once made, the election applies to all later tax years and may be revoked only with IRS consent. Line 34 If you used Schedule J, Income Averaging for Farmers and Fishermen, to figure your tax on Form 1040, line 44 (or Form 1040NR, line 42), you must refigure that tax (including any tax from Form 8814) without using Schedule J before completing this line. This is only for Form 6251; don’t change the amount on Form 1040, line 44 (or Form 1040NR, line 42). Form 1040NR. If you are filing Form 1040NR, add Form 1040NR, line 42 (minus any tax from Form 4972, Tax on Lump-Sum Distributions) and Form 1040NR, line 44. Subtract from the result any foreign tax credit from Form 1040NR, line 46. If you used Schedule J to figure your tax on Form 1040NR, line 42, refigure that tax without using Schedule J before completing Form 6251, line 34 (see preceding paragraph). Line 35 If you are filing Form 1040NR, enter the amount from line 35 on Form 1040NR, line 43. Part III—Tax Computation Using Maximum Capital Gains Rates Lines 37, 38, and 39 Determine if any of the following statements apply. 1. The gain or loss from any transaction reported on Form 8949 or Schedule D is different for the AMT (for example, because of a different basis for the AMT due to depreciation adjustments, an incentive stock option adjustment, or a different AMT capital loss carryover from 2016). 2. You didn’t complete either the Qualified Dividends and Capital Gain Tax Worksheet or the Schedule D Tax Worksheet because Form 1040, line 43 (or Form 1040NR, line 41), is zero. 3. You received a Schedule K-1 (Form 1041) that shows an amount in box 12 with code B, C, D, E, or F. Then, use the following instructions that apply to you. If none of the statements apply, go to None of the statements apply , later. If only statement (2) applies, go to Only statement (2) applies , later. If statement (3) applies (by itself or in combination with statements (1) or (2)), go to Beneficiaries of estates or trusts first, then go to Statement (1) or (3) applies , later. For all other situations, go to Statement (1) or (3) applies , later. None of the statements apply. If (1), (2), or (3) do not apply, then for Part III of these instructions, the AMT versions of your Qualified Dividends and Capital Gain Tax Worksheet, Schedule D Worksheet, Unrecaptured Section 1250 Gain Worksheet, 28% Rate Gain Worksheet, and Schedule D will be the same as those you used for regular tax purposes. Use the regular tax amounts to complete lines 37, 38, and 39. If you filed Form 2555 or Form 2555-EZ, see Forms 2555 and 2555-EZ , later, for additional modifications you may have to make before entering amounts on lines 37, 38, and 39. Statement (1) or (3) applies. If (1) applies, complete all of the following steps. If (3) applies, but (1) does not, complete steps 2 through 4 only. Step 1. Complete an AMT Form 8949 or, if applicable, lines 1a and 8a of an AMT Schedule D, by refiguring, for example, your basis for the AMT. Step 2. Complete lines 1b through 20 of an AMT Schedule D. Step 3. Complete lines 2 through 6 of an AMT Qualified Dividends and Capital Gain Tax Worksheet or lines 2 through 13 of an AMT Schedule D Worksheet, whichever applies. (See line 20 of your AMT Schedule D, if you completed one, to determine which worksheet applies.) Complete line 5 of the AMT Qualified Dividends and Capital Gain Tax Worksheet or lines 3 and 4 of the AMT Schedule D Tax Worksheet, whichever applies, using your AMT Form 4952. Step 4. Use amounts from the AMT Qualified Dividends and Capital Gain Tax Worksheet or AMT Schedule D Worksheet, whichever applies, and the AMT Schedule D to complete lines 37, 38, and 39. If you filed Form 2555 or Form 2555-EZ, see Forms 2555 and 2555-EZ , later, for additional modifications you may have to make before entering amounts on lines 37, 38, and 39. Only statement (2) applies. If (2) applies, but (1) and (3) do not, complete the following steps. Step 1. Complete lines 2 through 6 of an AMT Qualified Dividends and Capital Gain Tax Worksheet or lines 2 through 13 of an AMT Schedule D Worksheet, whichever applies. (See line 20 of your Schedule D to determine which worksheet applies.) Complete line 5 of the AMT Qualified Dividends and Capital Gain Tax Worksheet or lines 3 and 4 of the AMT Schedule D Tax Worksheet, whichever applies, using your AMT Form 4952. Step 2. Use amounts from the AMT Qualified Dividends and Capital Gain Tax Worksheet or AMT Schedule D Worksheet, whichever applies, and the Schedule D you used for regular tax to complete lines 37, 38, and 39. If you filed Form 2555 or Form 2555-EZ, see Forms 2555 and 2555-EZ , later, for additional modifications you may have to make before entering amounts on lines 37, 38, and 39. Keep the AMT Form 8949, AMT Schedule D, and the applicable AMT worksheet for your records, but don’t attach any of them to your tax return. Note. Don’t decrease your section 1202 exclusion by the amount, if any, on line 13. Forms 2555 and 2555-EZ. If you are filing either of these forms and you have an AMT capital gain excess, you must complete Part III of Form 6251 with certain modifications. To see if you have an AMT capital gain excess, subtract Form 6251, line 30, from line 6 of your AMT Qualified Dividends and Capital Gain Tax Worksheet or line 10 of your AMT Schedule D Tax Worksheet, whichever applies. If the result is greater than zero, that amount is your AMT capital gain excess. If you have AMT capital gain excess, figure the amounts to enter on lines 37, 38, and 39 of Form 6251 using the following modifications (only for purposes of Part III of Form 6251). 1. Reduce the amount you would otherwise enter on line 3 of your AMT Qualified Dividends and Capital Gain Tax Worksheet or line 9 of your AMT Schedule D Tax Worksheet (but not below zero) by your AMT capital gain excess. 2. Reduce the amount you would otherwise enter on line 2 of your AMT Qualified Dividends and Capital Gain Tax Worksheet or line 6 of your AMT Schedule D Tax Worksheet (but not TIP -14- Instructions for below zero) by any of your AMT capital gain excess not used in (1). 3. Reduce the amount on your AMT Schedule D (Form 1040), line 18, (but not below zero) by your AMT capital gain excess. 4. Include your AMT capital gain excess as a loss on line 16 of your AMT Unrecaptured Section 1250 Gain Worksheet in the Instructions for Schedule D (Form 1040). Also see the instructions for line 44. Beneficiaries of estates or trusts. If you received a Schedule K-1 (Form 1041) that shows an adjustment in box 12, follow the instructions in the following table. IF the code in box 12 is... THEN include that adjustment in figuring the amount on... B line 2 of an AMT Qualified Dividends and Capital Gain Tax Worksheet or an AMT Schedule D Tax Worksheet, whichever applies. C line 5 of an AMT Schedule D. D line 12 of an AMT Schedule D. E line 11 of an AMT Unrecaptured Section 1250 Gain Worksheet. F line 4 of an AMT 28% Rate Gain Worksheet. Form 1040NR. If you are filing Form 1040NR, enter on Form 6251, line 37, the amount from line 4 of the Qualified Dividends and Capital Gain Tax Worksheet in the instructions for Form 1040NR, line 42, or the amount from line 13 of the Schedule D Tax Worksheet in the Instructions for Schedule D (Form 1040), whichever applies (as refigured for the AMT, if necessary). Line 42 If you are filing Form 1040NR and Form 6251, line 41, is $187,800 or less ($93,900 or less if you checked filing status box 3, 4, or 5), multiply line 41 by 26% (0.26). Otherwise, multiply line 41 by 28% (0.28) and subtract $3,756 ($1,878 if you checked filing status box 3, 4, or 5) from the result. Line 43 If you are filing Form 1040NR, enter $37,950 ($75,900 if you checked filing status box 6). Line 44 If you are filing Form 1040NR, enter on Form 6251, line 44, the amount from line 5 of the Qualified Dividends and Capital Gain Tax Worksheet in the instructions for Form 1040NR, line 42, or the amount from line 14 of the Schedule D Tax Worksheet in the instructions for Schedule D (Form 1040), whichever applies (as figured for the regular tax). If you didn’t complete either worksheet for the regular tax, enter the amount from Form 1040NR, line 41; if zero or less, enter -0-. Forms 2555 and 2555-EZ. If you are filing either of these forms, the amount you enter on line 44 will take into account your regular tax capital gain excess, if any. Do not refigure it using the amount of your AMT capital gain excess. If you are filing Form 2555 or Form 2555-EZ and you didn’t complete either the Qualified Dividends and Capital Gain Tax Worksheet or the Schedule D Tax Worksheet for the regular tax, enter the amount from line 3 of the Foreign Earned Income Tax Worksheet in the Form 1040 instructions (as figured for the regular tax). Line 49 If you are filing Form 1040NR, enter on Form 6251, line 49, the amount from the list below that corresponds to your filing status. $418,400 if you checked filing status box 1 or 2, $235,350 if you checked filing status box 3, 4, or 5, or $470,700 if you checked filing status box 6. Line 51 If you are filing Form 1040NR, enter on Form 6251, line 51, the amount from line 5 of the Qualified Dividends and Capital Gain Tax Worksheet in the instructions for Form 1040NR, line 42, or the amount from line 19 of the Schedule D Tax Worksheet in the instructions for Schedule D (Form 1040), whichever applies (as figured for the regular tax). If you didn’t complete either worksheet for the regular tax, enter the amount from Form 1040NR, line 41; if zero or less, enter -0-. Forms 2555 and 2555–EZ. If you are filing either of these forms, the amount you enter on line 51 will take into account your regular tax capital gain excess, if any. Do not refigure it using the amount of your AMT capital gain excess. If you are filing Form 2555 or Form 2555-EZ and you didn’t complete either the Qualified Dividends and Capital Gain Tax Worksheet or the Schedule D Tax Worksheet for the regular tax, enter the amount from Form 6251, line 44. Line 63 If you are filing Form 1040NR and Form 6251, line 36, is $187,800 or less ($93,900 or less if you checked filing status box 3, 4, or 5), multiply line 36 by 26% (0.26). Otherwise, multiply line 36 by 28% (0.28) and subtract $3,756 ($1,878 if you checked filing status box 3, 4, or 5) from the result. Instructions for Form 6251 (2017) -15-
Minimum Tax Credit Form 8801Use Form 8801 if you are an individual, estate, or trust to figure the minimum tax credit, if any, for alternative minimum tax (AMT) you incurred in prior tax years and to figure any credit carryforward to 2018.
Who Should File Complete Form 8801 if you are an individual, estate, or trust that for 2016 had: · An AMT liability and adjustments or preferences other than exclusion items, · A credit carryforward to 2017 (on 2016 Form 8801, line 26), or · An unallowed qualified electric vehicle credit (see the instructions for line 20).
File Form 8801 only if line 21 is more than zero. Specific Instructions The AMT is a separate tax that is imposed in addition to your regular tax. It is caused by two types of adjustments and preferences —deferral items and exclusion items. Deferral items (for example, depreciation) generally don't cause a permanent difference in taxable income over time. Exclusion items (for example, the standard deduction), on the other hand, do cause a permanent difference. The minimum tax credit is allowed only for the AMT caused by deferral items.
Part I—Net Minimum Tax on Exclusion Items
Line 1—Estates and Trusts These line 1 instructions are for estates and trusts only. Skip lines 1 through 3 of Form 8801. To figure the amount to enter on line 4 of Form 8801, complete Parts I and II of another 2016 Form 1041, Schedule I, as a worksheet. After completing lines 1 and 7 of Schedule I, complete the rest of Part I of Schedule I by taking into account only exclusion items (the amounts included on lines 2 through 6, 8, and 9, and any other adjustments related to exclusion items included on line 23 of Schedule I). On line 24 of Schedule I, use the minimum tax credit net operating loss deduction (MTCNOLD). However, don't limit the MTCNOLD to 90% of the total of lines 1 through 23 of Schedule I. (See the instructions for line 3 of Form 8801 for how to figure the MTCNOLD.) In Part II of Schedule I, complete lines 35 and 36 without taking into account any basis adjustments arising from deferral items. If the amount on Schedule I, line 29, is zero or less, enter -0- on Form 8801, line 4. Otherwise, enter on Form 8801, line 4, the amount from Schedule I, line 29, adjusted for exclusion items that were allocated to the beneficiary. Note. If you complete Parts I and II of a 2016 Form 1041, Schedule I, as a worksheet to figure the amount to enter on 2017 Form 8801, line 4, don't attach that worksheet Schedule I to your tax return. Instead, keep it for your records.
Line 2 Enter on this line the adjustments and preferences treated as exclusion items (except the standard deduction). Exclusion items are only the following AMT adjustments and preferences: itemized deductions (including any investment interest expense reported on Schedule E), certain tax-exempt interest, depletion, the section 1202 exclusion, and any other adjustments related to exclusion items. Don't include the standard deduction. It has already been included on line 1. Combine lines 2 through 5, 7 through 9, 12, and 13 of your 2016 Form 6251. Don't include any amount from line 15 of the 2016 Form 6251. Instead, include the exclusion item amount from the Schedule(s) K-1 (Form 1041) you received for 2016. That amount is shown in box 12 with code J. If you included on line 27 of the 2016 Form 6251 any adjustments related to exclusion items, also include those adjustments in the amount you enter on line 2. Enter the total on line 2. Exclusion items on other lines. If you included any exclusion item on a line not listed above, include that item in the amount you enter on line 2. For example, if depletion was included on Form 6251 as an adjustment on line 19 (passive activities) instead of on line 9 (depletion), include it as an exclusion item in the amount you enter on line 2.
Line 3 Your MTCNOLD is the total of the minimum tax credit net operating loss (MTCNOL) carryovers and carrybacks to 2016. Your MTCNOL is figured as follows. Your MTCNOL is the excess of the deductions (excluding the MTCNOLD) over the income used to figure alternative minimum taxable income (AMTI) taking into account only exclusion items. Figure this excess with the modifications in section 172(d) taking into account only exclusion items. (That is, the section 172(d) modifications must be figured separately for the MTCNOL.) For example, the limitation of nonbusiness deductions to the amount of nonbusiness income must be figured separately for the MTCNOL using only nonbusiness income and deductions but taking into account only exclusion items. However, ignore the disallowance of the deduction for personal exemptions under section 172(d)(3) because it has already been taken into account to figure AMTI attributable only to exclusion items. To determine the amount of MTCNOL that may be carried to tax years other than 2016, apply sections 172(b)(2) and 172(d) with appropriate modifications to take into account only exclusion items.
Line 4 If your filing status was married filing separately for 2016 and line 4 is more than $247,450, you must include an additional amount on line 4. If line 4 is $415,050 or more, include an additional $41,900 on line 4. Otherwise, include 25% of the excess of the amount on line 4 over $247,450. For example, if the amount on line 4 is $267,450, enter $272,450 instead—the additional $5,000 is 25% of $20,000 ($267,450 minus $247,450).
Line 9 Don't enter more than the sum of your 2016 earned income plus $7,400 if you didn't file a joint return for 2016, at least one of your parents was alive at the end of 2016, and one of the following statements is true. 1. You were under age 18 at the end of 2016. 2. You were age 18 at the end of 2016 and didn't have earned income that was more than half of your support. 3. You were a full-time student at least age 19 but under age 24 at the end of 2016 and didn't have earned income that was more than half of your support.
Certain January 1 birthdays. If you were born on January 1, 1999, you are considered to be 18 at the end of 2016. The limitation just described applies to you only if you didn't have earned income that was more than half of your support. If you were born on January 1, 1998, you are considered to be 19 at the end of 2016. The limitation just described applies to you only if you were a full-time student who didn't have earned income that was more than half of your support. If you were born on January 1, 1993, you are considered to be 24 at the end of 2016. The limitation just described doesn't apply to you.
Line 10 If you filed Form 1040NR for 2016 and had a net gain on the disposition of U.S. real property interests, line 10 can't be less than the smaller of that net gain or line 4.
Line 11 If for 2016 you claimed the foreign earned income exclusion, housing exclusion, or housing deduction on Form 2555 or Form 2555-EZ, you must use the Foreign Earned Income Tax Worksheet in these instructions to figure the amount to enter on line 11.
Foreign Earned Income Tax Worksheet—Line 11 Before you begin: · If Form 8801, line 10, is zero, don't complete this worksheet.
1. Enter the amount from Form 8801, line 10 1.
2a. Enter the amount from your (and your spouse's if filing jointly) 2016 Form 2555, lines 45 and 50, or 2016 Form 2555-EZ, line 18 2a.
b. Enter the total amount of any itemized deductions or exclusions you couldn't claim because they are related to excluded income 2b.
c. Subtract line 2b from line 2a. If zero or less, enter -0- 2c.
3. Add lines 1 and 2c 3.
4. Tax on the amount on line 3. · If for 2016 you reported capital gain distributions directly on Form 1040, line 13; or you reported qualified dividends on Form 1040, line 9b; or you had a gain on both lines 15 and 16 of Schedule D (Form 1040), enter the amount from line 3 of this worksheet on Form 8801, line 27. Complete the rest of Part III of Form 8801. However, before completing Part III, see Forms 2555 and 2555-EZ, later, to see if you must complete Part III with certain modifications. Then enter the amount from Form 8801, line 55, here. · All others: If line 3 is $186,300 or less ($93,150 or less if married filing separately for 2016), multiply line 3 by 26% (0.26). Otherwise, multiply line 3 by 28% (0.28) and subtract $3,726 ($1,863 if married filing separately for 2016) from the result.
4.
5. Tax on the amount on line 2c. If line 2c is $186,300 or less ($93,150 or less if married filing separately for 2016), multiply line 2c by 26% (0.26). Otherwise, multiply line 2c by 28% (0.28) and subtract $3,726 ($1,863 if married filing separately for 2016) from the result 5.
6. Subtract line 5 from line 4. Enter the result here and on Form 8801, line 11 6.
Form 1040NR. If for 2016 you filed Form 1040NR and you reported capital gain distributions directly on Form 1040NR, line 14; you reported qualified dividends on Form 1040NR, line 10b; or you had a gain on both lines 15 and 16 of Schedule D (Form 1040), complete Part III of Form 8801 and enter the amount from line 55 on line 11. All others, don't complete Part III. Instead, if Form 8801, line 10, is $186,300 or less ($93,150 or less if you checked filing status box 3, 4, or 5 on Form 1040NR for 2016), figure the amount to enter on line 11 by multiplying line 10 by 26% (0.26). Otherwise, figure the amount to enter on line 11 by multiplying line 10 by 28% (0.28) and subtracting $3,726 ($1,863 if you checked filing status box 3, 4, or 5 for 2016) from the result.
Line 12 Figuring the MTFTCE. If you made an election to claim the foreign tax credit on your 2016 Form 1040 (or Form 1040NR) without filing Form 1116, your minimum tax foreign tax credit on exclusion items (MTFTCE) is the same as the foreign tax credit on your 2016 Form 1040, line 48 (or Form 1040NR, line 46). Enter that amount on Form 8801, line 12. Otherwise, your MTFTCE is your 2016 AMT foreign tax credit (AMTFTC) refigured using only exclusion items. Figure your MTFTCE as follows. Step 1. Separate your foreign source income into categories. See your 2016 Instructions for Form 1116 for information about categories of income. Complete a separate 2016 Form 1116 for the MTFTCE for each separate category of income specified above Part I of eachForm 1116 you filed for 2016. Write "MTFTCE" at the top margin of each 2016 Form 1116 that you complete to figure your MTFTCE. You will use these MTFTCE Forms 1116 to figure the MTFTCE amount to enter on line 12 of Form 8801.
Figuring high-taxed income. When applying the separate categories of income, use the applicable AMT rate instead of the regular tax rate to determine if any income is "high-taxed." Step 2. Complete Part I of each MTFTCE Form 1116 using only taxable income and exclusion items that are attributable to sources outside the United States. See Foreign source qualified dividends and capital gains (losses) below for possible adjustments.
Simplified limitation election. If you figured your 2016 AMTFTC using the simplified limitation election, skip Part I and go to Step 3, Simplified limitation election. Foreign source qualified dividends and capital gains (losses). If you had any 2016 foreign source qualified dividends or foreign source capital gains (including any foreign source capital gain distributions) or losses, use the following instructions to determine whether you must make adjustments to those amounts before you include the amounts on line 1a or line 5 of the MTFTCE Form 1116.
Foreign qualified dividends. You must adjust your foreign source qualified dividends before you include those amounts on line 1a of the MTFTCE Form 1116 if: · Line 53 of Form 8801 is smaller than line 54, and · Line 32 of Form 8801 is greater than zero.
But you don't need to make any adjustments if: · You qualified for the adjustment exception under Qualified Dividends and Capital Gain Tax Worksheet (Individuals), Qualified Dividends Tax Worksheet (Estates and Trusts), or Adjustments to foreign qualified dividends under Schedule D Filers, whichever applies, in the Instructions for Form 1116 when you completed your regular tax Form 1116 (or you would've qualified for that adjustment exception if you had completed a regular tax Form 1116) for 2016; and · Line 32 of Form 8801 isn't more than $186,300 ($93,150 if married filing separately for 2016 or if you checked filing status box 3, 4, or 5 on Form 1040NR for 2016).
To adjust your foreign source qualified dividends, multiply your foreign source qualified dividends in each separate category by 0.5357 (instead of 0.3788) if the foreign source qualified dividends are taxed at a rate of 15%, and by 0.7143 (instead of 0.5051) if they are taxed at a rate of 20%. Include the results on line 1a of the applicable MTFTCE Form 1116. You adjust your foreign source qualified dividends taxed at a rate of 0% by not including them on line 1a of MTFTCE Form 1116. For individuals, the amounts taxed at the 0% rate are on line 11 of the Qualified Dividends and Capital Gain Tax Worksheet in the 2016 Form 1040 instructions, line 9 of the Qualified Dividends and Capital Gain Tax Worksheet in the 2016 Form 1040NR instructions, or line 20 of the Schedule D Tax Worksheet in the 2016 Schedule D (Form 1040) instructions. For estate and trusts, the amounts taxed at the 0% tax rate are found on line 19 of the Schedule D Tax Worksheet in the 2016 Schedule D (Form 1041) instructions, or line 8 of the Qualified Dividends Tax Worksheet in the 2016 Form 1041 instructions, whichever applies.
Don’t adjust the amount of any foreign source qualified dividend you elected to include on line 4g of Form 4952.
Individuals with capital gain distributions only. If you had no 2016 capital gains or losses other than capital gain distributions from box 2a of Form(s) 1099-DIV or substitute statement(s), you must adjust your foreign source capital gain distributions before you include those amounts on line 1a of the MTFTCE Form 1116 if you are required to adjust your foreign source qualified dividends under the rules just described or you would be required to adjust your foreign source qualified dividends if you had any. To adjust your foreign source capital gain distributions, multiply your foreign source capital gain distributions in each separate category by 0.5357 (instead of 0.3788) if the foreign source capital gain distributions are taxed at a rate of 15%, and by 0.7143 (instead of 0.5051) if they are taxed at a rate of 20%. Include the results on line 1a of the applicable MTFTCE Form 1116. You adjust your foreign source capital gain distributions taxed at a rate of 0% by not including them on line 1a of MTFTCE Form 1116. For individuals, the amounts taxed at the 0% rate are on line 11 of the Qualified Dividends and Capital Gain Tax Worksheet in the 2016 Form 1040 instructions, line 9 of the Qualified Dividends and Capital Gain Tax Worksheet in the 2016 Form 1040NR instructions, or line 20 of the Schedule D Tax Worksheet in the 2016 Schedule D (Form 1040) instructions. For estate and trusts, the amounts taxed at the 0% tax rate are found on line 19 of the Schedule D Tax Worksheet in the 2016 Schedule D (Form 1041) instructions, or line 8 of the Qualified Dividends Tax Worksheet in the 2016 Form 1041 instructions, whichever applies.
Don’t adjust the amount of any foreign source capital gain distribution you elected to include on line 4g of Form 4952.
Other capital gains or losses. Use Worksheet A in the instructions for the 2016 Form 1116 to determine the adjustments you must make to your foreign source capital gains or losses if you have foreign source capital gains or losses in no more than two separate categories and any of the following apply. · You weren't required to make adjustments to your foreign source qualified dividends under the rules described earlier (or you wouldn't have been required to make those adjustments if you had foreign source qualified dividends). · Line 15 or 16 of your 2016 Schedule D (Form 1040) (column (2) of line 18a or 19 of Schedule D (Form 1041)) is zero or a loss. · You figured your 2016 tax using the Qualified Dividends and Capital Gain Tax Worksheet in the Form 1040 instructions and (a) line 3 of that worksheet minus the amount on line 4e of Form 4952 that you elected to include on line 4g of Form 4952 is zero or less, (b) line 7 of that worksheet is zero, or (c) line 25 of that worksheet is equal to or greater than line 26. · You figured your 2016 tax using the Qualified Dividends and Capital Gain Tax Worksheet in the Form 1040NR instructions and (a) line 3 of that worksheet is zero, (b) line 5 of that worksheet is zero, or (c) line 23 of that worksheet is equal to or greater than line 24. · You figured your 2016 tax using the Schedule D Tax Worksheet in the Schedule D (Form 1040) instructions and (a) line 18 of that worksheet is zero, (b) line 9 of that worksheet is zero, or (c) line 43 of that worksheet is equal to or greater than line 44. · You figured your 2016 tax using Schedule D (Form 1041) and (a) line 27 of Schedule D is zero, (b) line 22 of Schedule D minus the amount on line 4e of Form 4952 that you elected to include on line 4g of Form 4952 is zero or less, or (c) line 43 of Schedule D is equal to or greater than line 44. · You figured your 2016 tax using the Schedule D Tax Worksheet in the Schedule D (Form 1041) instructions and (a) line 17 of that worksheet is zero, (b) line 9 of that worksheet is zero, or (c) line 42 of that worksheet is equal to or greater than line 43.
Use Worksheet B in the 2016 Form 1116 instructions if you: · Can't use Worksheet A, · Had 2016 foreign source capital gains and losses in no more than two separate categories, · Didn't have any item of unrecaptured section 1250 gain or 28% rate gain or loss, and · Didn't have any capital gains taxed at a rate of 0% or 20%.
Instructions for Worksheets A and B. When you complete Worksheet A or Worksheet B, don't use any foreign source capital gains you elected to include on line 4g of Form 4952. Use 0.5357 instead of 0.3788 to complete lines 11, 13, and 15 of Worksheet B and to complete lines 8, 11, and 17 of the Line 15 Worksheet for Worksheet B. If you don't qualify to use Worksheet A or Worksheet B, use the instructions for Capital Gains and Losses in Pub. 514, Foreign Tax Credit for Individuals, to determine the adjustments you make. Also see the 2017 Instructions for Form 6251 for information on rate substitutions that would apply when determining those adjustments. Step 3. Complete lines 9 through 17 of the MTFTCE Form 1116. For line 9, use the same amount you entered on that line for 2016 for the regular tax. Use your MTFTCE carryover, if any, on line 10.
Simplified limitation election. If you figured your 2016 AMTFTC using the simplified limitation election, complete lines 9 through 14 of the MTFTCE Form 1116. For line 9, use the same amount you entered on that line for 2016 for the regular tax. Use your MTFTCE carryover, if any, on line 10. Enter on line 17 the same amount you entered on that line for the 2016 AMT Form 1116. Step 4. Enter the amount from Form 8801, line 4, on line 18 of the MTFTCE Form 1116 and go to Step 5 unless you must complete an MTFTCE Worksheet for Line 18. In most cases, you must complete an MTFTCE Worksheet for Line 18 if you completed Part III of Form 8801 and: · Line 53 of Form 8801 is smaller than line 54, and · Line 32 of Form 8801 is greater than zero.
But even if you meet the requirements above, you don't need to complete an MTFTCE Worksheet for Line 18 if: · You qualified for the adjustment exception under Qualified Dividends and Capital Gain Tax Worksheet (Individuals), Qualified Dividends Tax Worksheet (Estates and Trusts), or Adjustments to foreign qualified dividends under Schedule D Filers, whichever applies, in the Instructions for Form 1116 when you completed your regular tax Form 1116 (or you would've qualified for that adjustment exception if you had completed a regular tax Form 1116) for 2016; and · Line 32 of Form 8801 isn't more than $186,300 ($93,150 if married filing separately for 2016 or if you checked filing status box 3, 4, or 5 on Form 1040NR for 2016).
Instructions for MTFTCE Worksheet for Line 18. If you must complete an MTFTCE Worksheet for Line 18 for your MTFTCE Form 1116, you will use the Worksheet for Line 18 in the Instructions for Form 1116 and do the following. 1. Enter the amount from Form 8801, line 4, on line 1 of the worksheet. 2. Skip lines 2 and 3 of the worksheet. 3. Enter the amount from Form 8801, line 51, on line 4 of the worksheet. 4. Multiply line 4 of the worksheet by 0.1071 (instead of 0.3687). Enter the result on line 5 of the worksheet. 5. Enter the amount from Form 8801, line 48, on line 6 of the worksheet. 6. Multiply line 6 of the worksheet by 0.2857 (instead of 0.4949). Enter the result on line 7 of the worksheet. 7. Enter the amount from Form 8801, line 45, on line 8 of the worksheet. 8. Multiply line 8 of the worksheet by 0.4643 (instead of 0.6212). Enter the result on line 9 of the worksheet. 9. Enter the amount from Form 8801, line 38, on line 10 of the worksheet. 10. Complete lines 11 and 12 of the worksheet as instructed on the worksheet. 11. Enter the amount from your MTFTCE Worksheet for Line 18 on your MTFTCE Form 1116, line 18.
Step 5. Enter the amount from Form 8801, line 11, on the MTFTCE Form 1116, line 20. Complete lines 19, 21, and 22 of the MTFTCE Form 1116. Step 6. Complete Part IV of the first MTFTCE Form 1116 only. Enter the amount from that MTFTCE Form 1116, line 30, on Form 8801, line 12. Note. Keep all Forms 1116 you used to figure your MTFTCE, but don't attach them to your tax return. If line 14 of the MTFTCE Form 1116 is greater than line 21 of the MTFTCE Form 1116, keep a record of the difference. This amount is carried forward and used to figure your MTFTCE next year.
Part II —Minimum Tax Credit and Carryforward to 2018
Line 20 Enter any qualified electric vehicle credit not allowed for 2016 solely because of the limitation under section 30(b)(3)(B) (as in effect prior to the amendment of section 30 by Public Law 111-5, the American Recovery and Reinvestment Tax Act of 2009).
Line 21 If line 21 is zero or less, you don't have a minimum tax credit or a credit carryforward. Don't complete the rest of this form and don't file it.
Line 22 Follow the instructions below and refer to your 2017 income tax return to figure the amount to enter on line 22. Form 1040. Add the amounts on lines 44 and 46 of Form 1040. Subtract from the result the total of any credits on lines 48 through 54 (not including any credit for prior year minimum tax or any credit claimed on Form 8912). Enter the result. If the result is zero or less, enter -0-. Form 1040NR. Add the amounts on lines 42 and 44 of Form 1040NR. Subtract from the result the total of any credits on lines 46 through 51 (not including any credit for prior year minimum tax or any credit claimed on Form 8912). Enter the result. If the result is zero or less, enter -0-. Form 1041, Schedule G. Add the credits on lines 2a and 2b, plus any write-in credits on line 2e. Subtract the result from the total of lines 1a and 1b. Enter the result. If the result is zero or less, enter -0-.
Part III—Tax Computation Using Maximum Capital Gains Rates If your 2016 taxable income was zero or less, enter -0- on Form 8801, line 35. You also must take one of the following actions, whichever applies to you, before completing lines 28, 29, and 30 of Part III. · Complete lines 2 through 6 of the Qualified Dividends and Capital Gain Tax Worksheet in the 2016 Instructions for Form 1040. · Complete lines 2 through 4 of the Qualified Dividends and Capital Gain Tax Worksheet in the 2016 Instructions for Form 1040NR. · Complete lines 2 through 13 of the Schedule D Tax Worksheet in the 2016 Instructions for Schedule D (Form 1040) or the 2016 Instructions for Schedule D (Form 1041), whichever applies. · Complete lines 2 through 4 of the Qualified Dividends Tax Worksheet in the 2016 Instructions for Form 1041. · Complete lines 22 through 26 of the 2016 Schedule D (Form 1041). To determine which worksheet or form above applies to you, see the 2016 Instructions for Form 1040, line 44; Form 1040NR, line 42; or Form 1041, Schedule G, line 1a.
Lines 28, 29, and 30 Follow the instructions below to figure the amounts to enter on lines 28, 29, and 30 if, for 2016: 1. You filed Form 1040NR and didn't use the Schedule D Tax Worksheet to figure your tax, 2. You filed Form 1041 and didn't use the Schedule D Tax Worksheet or Part V of Schedule D (Form 1041) to figure your tax, or 3. You filed Form 2555 or 2555-EZ and have an AMT capital gain excess (defined later). Otherwise, complete lines 28, 29, and 30 following the instructions for those lines on the form. Form 1040NR. If (1) above applies, enter the amount from line 4 of the Qualified Dividends and Capital Gain Tax Worksheet in the 2016 Form 1040NR instructions on Form 8801, lines 28 and 30; skip Form 8801, line 29; and enter on Form 8801, line 35, the amount from line 5 of that worksheet. Estates and trusts. If (2) above applies, enter the amount from line 4 of the Qualified Dividends Tax Worksheet in the 2016 Form 1041 instructions on Form 8801, lines 28 and 30; skip Form 8801, line 29; and enter on Form 8801, lines 35 and 42, the amount from line 5 of that worksheet. Forms 2555 and 2555-EZ. If you filed either of these forms for 2016 and you have an AMT capital gain excess, you must complete Part III of Form 8801 with certain modifications. To see if you have an AMT capital gain excess, subtract Form 8801, line 10, from line 6 of your 2016 Qualified Dividends and Capital Gain Tax Worksheet or line 10 of your 2016 Schedule D Tax Worksheet, whichever applies. If the result is more than zero, that amount is your AMT capital gain excess. If you have an AMT capital gain excess, figure the amounts to enter on lines 28, 29, and 30 of Form 8801 using the following modifications (only for purposes of Part III of Form 8801). 1. Reduce the amount on line 3 of your 2016 Qualified Dividends and Capital Gain Tax Worksheet or line 9 of your 2016 Schedule D Tax Worksheet (but not below zero) by your AMT capital gain excess. 2. Reduce the amount on line 2 of your 2016 Qualified Dividends and Capital Gain Tax Worksheet or line 6 of your 2016 Schedule D Tax Worksheet (but not below zero) by any of your AMT capital gain excess not used in (1). 3. Reduce the amount on your 2016 Schedule D (Form 1040), line 18, (but not below zero) by your AMT capital gain excess. 4. Include your AMT capital gain excess as a loss on line 16 of your 2016 Unrecaptured Section 1250 Gain Worksheet in the 2016 Instructions for Schedule D (Form 1040).
Also see the instructions for line 35.
Line 33 If for 2016 you filed Form 1040NR and Form 8801, line 32, is $186,300 or less ($93,150 or less if you checked filing status box 3, 4, or 5 on Form 1040NR for 2016), multiply line 32 by 26% (0.26). Otherwise, multiply line 32 by 28% (0.28) and subtract $3,726 ($1,863 if you checked filing status box 3, 4, or 5 on Form 1040NR for 2016) from the result.
Line 34 If for 2016 you filed Form 1040NR, enter $37,650 ($75,300 if you checked filing status box 6 on Form 1040NR for 2016).
Line 35 If for 2016 you filed Form 1040NR, enter on Form 8801, line 35, the amount from line 5 of your 2016 Qualified Dividends and Capital Gain Tax Worksheet in the instructions for Form 1040NR, line 42, or the amount from line 14 of your 2016 Schedule D Tax Worksheet in the 2016 Instructions for Schedule D (Form 1040), whichever applies. If you didn't complete either worksheet, enter the amount from Form 1040NR, line 41; if zero or less, enter -0-. Forms 2555 and 2555-EZ. If you filed either of these forms for 2016, the amount you enter on line 35 will take into account your regular tax capital gain excess, if any, for 2016. If you filed Form 2555 or Form 2555-EZ for 2016 and you didn't complete either the Qualified Dividends and Capital Gain Tax Worksheet or the Schedule D Tax Worksheet for the regular tax, enter the amount from line 3 of the Foreign Earned Income Tax Worksheet in the Form 1040 instructions (as figured for the regular tax). For information on regular tax capital gain excess and AMT capital gain excess (if you filed Form 2555 or Form 2555-EZ), see Line 44 in the 2017 Instructions for Form 6251.
Line 40
If for 2016 you filed Form 1040NR, use the following chart to figure the amount to enter on line 40.
IF you checked filing status box... THEN enter on line 40... 1 or 2 $415,050 3, 4, or 5 $233,475 6 $466,950
Line 42 Follow the instructions below to figure the amount to enter on line 42. Form 1040. If you didn't complete the 2016 Qualified Dividends and Capital Gain Tax Worksheet or the 2016 Schedule D Tax Worksheet, enter the amount from your 2016 Form 1040, line 43; if less than zero, enter -0-. If you didn't complete either 2016 worksheet and you filed a 2016 Form 2555 or Form 2555-EZ, enter the amount from line 3 of the Foreign Earned Income Tax Worksheet in the 2016 Form 1040 instructions. Form 1040NR. If you filed a 2016 Form 1040NR, enter the amount from line 5 of your 2016 Qualified Dividends and Capital Gain Tax Worksheet in the instructions for Form 1040NR, line 42, or the amount from line 19 of the 2016 Schedule D Tax Worksheet in the Instructions for Schedule D (Form 1040), whichever applies. If you didn't complete either 2016 worksheet, enter the amount from your 2016 Form 1040NR, line 41; if zero or less, enter -0-.
Line 54 If for 2016 you filed Form 1040NR and Form 8801, line 27, is $186,300 or less ($93,150 or less if you checked filing status box 3, 4, or 5 on Form 1040NR for 2016), multiply line 27 by 26% (0.26). Otherwise, multiply line 27 by 28% (0.28) and subtract $3,726 ($1,863 if you checked filing status box 3, 4, or 5 on Form 1040NR for 2016) from the result.
Distribution Plans August 23, 2017, for the Hurricane Harvey disaster area. For this purpose, the Hurricane Harvey disaster area includes the states of Texas and Louisiana. b. September 4, 2017, for the Hurricane Irma disas- ter area. For this purpose, the Hurricane Irma dis- aster area includes the U.S. Virgin Islands, Puerto Rico, and the states of Georgia, Florida, and South Carolina. c. September 16, 2017, for the Hurricane Maria dis- aster area. For this purpose, the Hurricane Maria disaster area includes Puerto Rico and the U.S. Virgin Islands. d. October 8, 2017, to December 31, 2017, for the California wildfire disaster area. For this purpose, the California wildfire disaster area includes the state of California. 3. You sustained an economic loss because of Hurri- cane Harvey or Tropical Storm Harvey, Hurricane Irma, Hurricane Maria, or the California wildfires. If (1) through (3) above apply, you can generally desig- nate any distribution (including a periodic payment or a re- quired minimum distribution) from an eligible retirement plan as a qualified disaster distribution, regardless of whether the distribution was made on account of Hurri- cane Harvey or Tropical Storm Harvey, Hurricane Irma, Hurricane Maria, or the California wildfires. Qualified 2017 disaster distributions are permitted without regard to your need or the actual amount of your economic loss , descri- bed later. Distribution limit. The total of your qualified disaster dis- tributions from all plans is limited to $100,000 for Hurricane Harvey, Tropical Storm Harvey, Hurricane Irma or Hurricane Maria, and $100,000 for the California wildfires. If you take distributions from more than one type of plan, such as a 401(k) plan and an IRA, and the total amount of your distributions exceeds $100,000 for either category, you may allocate the $100,000 limit among the plans by any reasonable method you choose. A reduction or offset (after August 22, 2017, for Hurri- cane Harvey or Tropical Storm Harvey; after September 3, 2017, for Hurricane Irma; after September 15, 2017, for Hurricane Maria; or after October 7, 2017, for California wildfires) of your account balance in an eligible retirement plan in order to repay a plan loan can also be designated as a qualified disaster distribution. Example. In 2017, you received a distribution of $50,000. In 2018, you receive a distribution of $125,000. Both distributions meet the requirements for a qualified disaster distribution. If you decide to treat the entire $50,000 received in 2017 as a qualified disaster distribution, only $50,000 of the 2018 distribution can be treated as a qualified disaster distribution. Economic loss. Qualified disaster distributions are permitted without regard to your need or the actual amount of your economic loss. Examples of an economic loss include, but aren’t limited to: 1. Loss, damage to, or destruction of real or personal property from fire, flooding, looting, vandalism, theft, wind, or other cause; 2. Loss related to displacement from your home; or 3. Loss of livelihood due to temporary or permanent layoffs. Eligible retirement plan. An eligible retirement plan can be any of the following. A qualified pension, profit-sharing, or stock bonus plan (including a 401(k) plan). A qualified annuity plan. A tax-sheltered annuity contract. A governmental section 457 deferred compensation plan. A traditional, SEP, SIMPLE, or Roth IRA. Main home. Generally, your main home is the home where you live most of the time. A temporary absence due to special circumstances, such as illness, education, busi- ness, military service, evacuation, or vacation, won’t change your main home. Taxation of Qualified Disaster Distributions Qualified disaster distributions are included in income in equal amounts over 3 years. However, if you elect, you can include the entire distribution in your income in the year it was received. Qualified disaster distributions aren’t subject to the 10% additional tax (or the additional 25% tax for certain distributions from SIMPLE IRAs) on early distributions from qualified retirement plans (including IRAs). Also, if you are receiving substantially equal periodic payments from a qualified retirement plan, the receipt of a qualified disaster distribution from that plan will not be treated as a change in those substantially equal payments merely be- cause of the qualified disaster distribution. However, any distributions you received in excess of the $100,000 quali- fied disaster distribution limit may be subject to the additional tax on early distributions. Repayment of Qualified Disaster Distributions If you choose, you generally can repay any portion of a qualified disaster distribution that is eligible for tax-free rollover treatment to an eligible retirement plan. Also, you can repay a qualified disaster distribution made on account of a hardship from a retirement plan. However, see Exceptions below for qualified disaster distributions you cannot repay. You have 3 years from the day after the date you received the distribution to make a repayment. Amounts that are repaid are treated as a trustee-to-trustee transfer and Publication 575 (2017) are not included in income. Also, for purposes of the one-rollover-per-year limitation for IRAs, a repayment to an IRA is not considered a rollover. See Form 8915B, for more information on how to report repayments. Exceptions. You cannot repay the following types of distributions. 1. Qualified disaster distributions received as a beneficiary (other than as a surviving spouse). 2. Required minimum distributions. 3. Periodic payments (other than from an IRA) that are for: a. A period of 10 years or more, b. Your life or life expectancy, or c. The joint lives or joint life expectancies of you and your beneficiary. Repayment of distributions if reporting under the 1-year election. If you elect to include all of your quali- fied disaster distributions received in a year in income for that year and then repay any portion of the distributions during the allowable 3-year period, the amount repaid will reduce the amount included in income for the year of dis- tribution. If the repayment is made after the due date (in- cluding extensions) for your return for the year of distribu- tion, you will need to file a revised Form 8915B with an amended return. See Amending Your Return , later. Example. Maria received a $45,000 qualified disaster distribution on November 1, 2017. After receiving reimbursement from her insurance company for a casualty loss, Maria repays $45,000 to an IRA on March 31, 2018. She reports the distribution and the repayment on Form 8915B, which she files with her timely filed 2017 tax re- turn. As a result, no portion of the distribution is included in income on her return. Repayment of distributions if reporting under the 3-year method. If you are reporting the qualified disaster distribution in income over a 3-year period and you repay any portion of the qualified disaster distribution to an eligi- ble retirement plan before filing your 2017 tax return, the repayment will reduce the portion of the distribution that is included in income in 2017. If you repay a portion after the due date (including extensions) for filing your 2017 return, the repayment will reduce the portion of the distribution that is included in income in 2018. If you repay a portion after the due date (including extensions) for filing your 2018 return, the repayment will reduce the portion of your distribution that is includible on your 2019 return. If, during a year in the 3-year period, you repay more than is other- wise includible in income for that year, the excess may be carried forward or (after 2017) back to reduce the amount included in income for that year. Example. John received a $90,000 qualified disaster distribution from his pension plan on November 15, 2017. He doesn’t elect to include the entire distribution in his 2017 income. Without any repayments, he would include $30,000 of the distribution in income on each of his 2017, 2018, and 2019 returns. On November 10, 2018, John re- pays $45,000 to an IRA. He makes no other repayments during the allowable 3-year period. John may report the distribution and repayment in either of the following ways. Report $0 in income on his 2018 return, and carry the $15,000 excess repayment ($45,000 - $30,000) for- ward to 2019 and reduce the amount reported in that year to $15,000, or Report $0 in income on his 2018 return, report $30,000 on his 2019 return, and file an amended re- turn for 2017 to reduce the amount previously inclu- ded in income to $15,000 ($30,000 - $15,000). Amending Your Return If, after filing your original return, you make a repayment, the repayment may reduce the amount of your qualified disaster distributions that were previously included in income. Depending on when a repayment is made, you may need to file an amended tax return to refigure your taxable income. If you make a repayment by the due date of your original return (including extensions), include the repayment on your amended return. If you make a repayment after the due date of your original return (including extensions), include it on your amended return only if either of the following apply. You elected to include all of your qualified disaster distributions in income in the year of the distributions (not over 3 years) on your original return. The amount of the repayment exceeds the portion of the qualified disaster distributions that are includible in income for 2018 and you choose to carry the excess back to your 2017 tax return. Example. You received a qualified disaster distribution in the amount of $90,000 on October 15, 2017. You choose to spread the $90,000 over 3 years ($30,000 in in- come for 2017, 2018, and 2019). On November 19, 2018, you make a repayment of $45,000. For 2018, none of the qualified disaster distribution is includible in income. The excess repayment of $15,000 can be carried back to 2017. Also, rather than carrying the excess repayment back to 2017, you can carry it forward to 2019. File Form 1040X to amend a return you have already filed. Generally, Form 1040X must be filed within 3 years after the date the original return was filed, or within 2 years after the date the tax was paid, whichever is later. Repayment of Qualified Distributions for the Purchase or Construction of a Main Home If you received a qualified distribution to purchase or construct a main home in a Hurricane Harvey, Hurricane Irma, or Hurricane Maria disaster area, you can repay all or any part of that distribution to an eligible retirement plan during the period beginning on August 23, 2017, and ending on February 28, 2018. If you received a qualified distribution to purchase or construct a main home in the California wildfire disaster area, you can repay all or any part of that distribution to an eligible retirement plan during the period beginning on October 8, 2017, and ending on June 30, 2018. To be a qualified distribution, the distribution must meet all of the following requirements. The distribution is a hardship distribution from a 401(k) plan, a hardship distribution from a tax-shel- tered annuity contract, or a qualified first-time home- buyer distribution from an IRA. The distribution was received after February 28, 2017, and before September 21, 2017, if in a Hurricane Har- vey, Hurricane Irma, or Hurricane Maria disaster area. The distribution was received after March 31, 2017, and before January 1, 2018, if in the California wildfire disaster area. The distribution was to be used to purchase or con- struct a main home in the Hurricane Harvey, Hurri- cane Irma, Hurricane Maria, or California disaster area that was not purchased or constructed because of Hurricane Harvey, Hurricane Irma, Hurricane Maria, or the California wildfires. Any amount that is repaid before March 1, 2018 (or July 1, 2018, if in the California wildfire disaster area), is treated as a trustee-to-trustee transfer and is not included in income. Also, for purposes of the one-rollover-per-year limitation for IRAs, a repayment to an IRA is not consid- ered a rollover. A qualified distribution not repaid before March 1, 2018 (or July 1, 2018, if in the California wildfire disaster area), may be taxable for 2017 and subject to the additional 10% tax (or the additional 25% tax for certain SIMPLE IRAs) on early distributions. You must file Form 8915B if you received a qualified distribution that you repaid, in whole or in part, before March 1, 2018 (or July 1, 2018, if in the California wildfire disaster area). Loans From Qualified Plans As described further, below, the following special rules are available to qualified individuals. Increases to the limits for loans from employer retire- ment plans. A 1-year suspension for payments due on plan loans. Qualified individual. You are a qualified individual if any of the following apply. Your main home on August 23, 2017, was located in the Hurricane Harvey disaster area and you had an economic loss because of Hurricane Harvey or Tropi- cal Storm Harvey. Your main home on September 4, 2017, was located in the Hurricane Irma disaster area and you had an economic loss because of Hurricane Irma. Your main home on September 16, 2017, was located in the Hurricane Maria disaster area and you had an economic loss because of Hurricane Maria. Your main home was located in the California wildfire disaster area during any portion of the period from Oc- tober 8, 2017, to December 31, 2017, and you had an economic loss because of the California wildfires. Examples of an economic loss include, but are not limited to: Loss, damage to, or destruction of real or personal property from fire, flooding, looting, vandalism, theft, wind, or other cause; Loss related to displacement from your home; or Loss of livelihood due to temporary or permanent lay- offs. Limits on plan loans. The general $50,000 limit on plan loans may be increased to $100,000 by the plan adminis- trator. In addition, the general loan limit based on 50% of your vested accrued benefit may be increased to 100% of that benefit. The higher limits apply only to loans made during the period beginning on September 29, 2017 (or February 9, 2018, if in the California wildfire disaster area), and ending on December 31, 2018. One-year suspension of plan loan payments. Pay- ments on plan loans due during the period beginning on the qualified beginning date and ending on December 31, 2018, may be suspended for 1 year (suspension period) by the plan administrator. The qualified beginning date is: August 23, 2017, if your main home was located in the Hurricane Harvey area. September 4, 2017, if your main home was located in the Hurricane Irma disaster area. September 16, 2017, if your main home was located in the Hurricane Maria disaster area. October 8, 2017, if your main home was located in the California wildfire disaster area. If you are a qualified individual based on more than one disaster, use the suspension period with the earliest beginning date. Information for Eligible Retirement Plans A plan administrator may choose whether to treat a distribution as a qualified 2017 disaster distribution or whether to accept a rollover of a qualified disaster distribution and may develop reasonable procedures for determining whether distributions are qualified disaster distributions. However, the treatment of qualified disaster distributions must be consistent under each plan. The payment of a qualified disaster distribution to an individual must be reported on Form 1099-R, Distributions From Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc. This reporting is required even if the individual recontributes the qualified disaster distribution to the same plan in the same year. If a payer is treating the payment as a qualified disaster distribution and no other appropriate code applies, the payer is permitted to use distribution code 2 (early distribution, exception applies) in box 7 of Form 1099-R. However, a payer in this case is also permitted to use distribution code 1 (early distribu- tion, no known exception) in box 7 of Form 1099-R.
Household Employer's Tax Social security and Medicare tax for 2017. The social security tax rate is 6.2% each for the employee and employer, unchanged from 2016. The social security wage base limit is $127,200.The Medicare tax rate is 1.45% each for the employee and employer, unchanged from 2016. There is no wage base limit for Medicare tax. Social security and Medicare taxes apply to the wages of household employees you pay $2,000 or more in cash in 2017. Qualified parking exclusion and commuter transportation benefit. For 2017, the monthly exclusion for qualified parking is $255 and the monthly exclusion for commuter highway vehicle transportation and transit passes is $255. New certification program for professional employer organizations. The Tax Increase Prevention Act of 2014 required the IRS to establish a voluntary certification program for professional employer organizations (PEOs). PEOs handle various payroll administration and tax reporting responsibilities for their business clients and are typically paid a fee based on payroll costs. To become and remain certified under the certification program, certified professional employer organizations (CPEOs) must meet tax status, background, experience, business location, financial reporting, bonding, and other requirements described in sections 3511 and 7705 and related published guidance. The IRS began accepting applications for PEO certification in July 2016. Certification as a CPEO affects the employment tax liabilities of both the CPEO and its customers. A CPEO is generally treated as the employer of any individual performing services for a customer of the CPEO and covered by a contract described in section 7705(e)(2) between the CPEO and the customer (CPEO contract), but only for wages and other compensation paid to the individual by the CPEO. Filing due Date Forms W-2 and Form W3 Filing due date for 2017 Forms W-2 and W-3. Both paper and electronically filed 2017 Forms W-2 and W-3 must be filed with the SSA by January 31, 2018. Credit reduction states. A state that hasn't repaid money it borrowed from the federal government to pay unemployment benefits is a "credit reduction state." The Department of Labor (DOL) determines these states. If you paid any wages that are subject to the unemployment compensation laws in any credit reduction state, your federal unemployment (FUTA) tax credit is reduced. Medicaid waiver payments. Notice 2014-7 provides that certain Medicaid waiver payments are excludable from income for federal income tax purposes. Outsourcing payroll duties. Unless the wages and other compensation paid to the individual performing services for you are paid by a CPEO and are covered by a contract described in section 7705(e)(2) between you and a CPEO (CPEO contract), you're responsible to ensure that tax returns are filed and deposits and payments are made, even if you contract with a third party to perform these acts. You remain responsible if the third party fails to perform any required action. If you choose to outsource any of your payroll and related tax duties (that is, withholding, reporting, and paying over social security, Medicare, FUTA, and income taxes) to a third-party payer, such as a payroll service provider or reporting agent, visit IRS.gov and enter “outsourcing payroll duties” in the search box for helpful information on this topic. Do You Have a Household Employee? You have a household employee if you hired someone to do household work and that worker is your employee. The worker is your employee if you can control not only what work is done, but how it is done. If the worker is your employee, it doesn't matter whether the work is full time or part time or that you hired the worker through an agency or from a list provided by an agency or association. It also doesn't matter whether you pay the worker on an hourly, daily, or weekly basis, or by the job. If you have a household employee in 2017, you may need to pay state and federal employment taxes for 2017. You generally must add your federal employment taxes to the income tax that you will report on your 2017 federal income tax return. For example, you pay Betty Shore to babysit your child and do light housework 4 days a week in your home. Betty follows your specific instructions about household and child care duties. You provide the household equipment and supplies that Betty needs to do her work. Betty is your household employee. Household work. Household work is work done in or around your home. Some examples of workers who do household work are: Babysitters, Butlers, Caretakers, Cooks, Domestic workers, Drivers, Health aides, House cleaning workers, Housekeepers, Maids, Nannies, Private nurses, and Yard workers. Workers who aren't your employees. If only the worker can control how the work is done, the worker isn't your employee but is self-employed. A self-employed worker usually provides his or her own tools and offers services to the general public in an independent business. Furthermore, a worker who performs child care services for you in his or her home generally isn't your employee. Additionally, if an agency provides the worker and controls what work is done and how it is done, the worker isn't your employee. For example, you made an agreement with John Peters to care for your lawn. John runs a lawn care business and offers his services to the general public. He provides his own tools and supplies, and he hires and pays any helpers he needs. Neither John nor his helpers are your household employees. Can Your Employee Legally Work in the United States? It is unlawful for you knowingly to hire or continue to employ an alien who can’t legally work in the United States. When you hire a household employee to work for you on a regular basis, you and the employee must complete the U.S. Citizenship and Immigration Services (USCIS) Form I-9, Employment Eligibility Verification. No later than the first day of work, the employee must complete the employee section of the form by providing certain required information and attesting to his or her current work eligibility status in the United States. You must complete the employer section by examining documents presented by the employee as evidence of his or her identity and employment eligibility. Acceptable documents to establish identity and employment eligibility are listed on Form I-9. You should keep the completed Form I-9 in your own records. Don't submit it to the IRS, the USCIS, or any other government or other entity. The form must be kept available for review upon notice by an authorized U.S. Government official. Do You Need To Pay Employment Taxes? If you have a household employee, you may need to withhold and pay social security and Medicare taxes, pay federal unemployment tax, or both. You don't need to withhold federal income tax from your household employee's wages. But if your employee asks you to withhold it, you can. If you need to pay social security, Medicare, or federal unemployment tax or choose to withhold federal income tax make sure you follow the rules deligently. You may not need to pay social security, Medicare, or federal unemployment tax. Also, you may not choose to withhold federal income tax. State employment taxes. You should contact your state unemployment tax agency to find out whether you need to pay state unemployment tax for your household employee. For a list of state unemployment tax agencies, visit the U.S. Department of Labor's website at workforcesecurity.doleta.gov/unemploy/agencies.asp. You should also determine if you need to pay or collect other state employment taxes or carry workers' compensation insurance. Consequences of not paying employment taxes. If you have a household employee and you're required to withhold and pay employment taxes and you don't, you will generally be liable for the employment taxes that you should've withheld and paid. See section 2 in Pub. 15 for additional information. Interest and penalties may also be charged. You may have to pay a penalty if you don't give Forms W-2 to your employees or file Copy A of the forms with the SSA by the due dates. You may also have to pay a penalty if you don't show your employee's SSN on Form W-2 or don't provide correct information on the form.
Table 1. Do You Need To Pay Employment Taxes? IF you ... THEN you need to ... A– Pay cash wages of $2,000 or more in 2017 to any one household employee. Withhold and pay social security and Medicare taxes.
The taxes are 15.3%1 of cash wages.
Your employee's share is 7.65%1. (You can choose to pay it yourself and not withhold it.)
Your share is 7.65%.
Don't count wages you pay to—
Your spouse,
Your child under the age of 21,
Your parent (see Wages not counted, later, for an exception), or
Any employee under the age of 18 at any time in 2017 (see Wages not counted, later, for an exception).
B– Pay total cash wages of $1,000 or more in any calendar quarter of 2016 or 2017 to household employees. Pay federal unemployment tax.
The tax is 6% of cash wages.
Wages over $7,000 a year per employee aren't taxed.
You also may owe state unemployment tax.
Don't count wages you pay to—
Your spouse,
Your child under the age of 21, or
Your parent.
1 In addition to withholding Medicare tax at 1.45%, you must withhold a 0.9% Additional Medicare Tax from wages you pay to an employee in excess of $200,000 in a calendar year. You’re required to begin withholding Additional Medicare Tax in the pay period in which you pay wages in excess of $200,000 to an employee and continue to withhold it each pay period until the end of the calendar year. Additional Medicare Tax is only imposed on the employee. There is no employer share of Additional Medicare Tax. All wages that are subject to Medicare tax are subject to Additional Medicare Tax withholding if paid in excess of the $200,000 withholding threshold. Note. If neither A nor B above applies, you don't need to pay any federal employment taxes. But you may still need to pay state employment taxes.
Table 2. Household Employer's Checklist
You may need to do the following things when you have a household employee.
When you hire a household employee: □ Find out if the person can legally work in the United States. □ Find out if you need to withhold and pay federal taxes. □ Find out if you need to withhold and pay state taxes. When you pay your household employee: □ Withhold social security and Medicare taxes. □ Withhold federal income tax. □ Decide how you will make tax payments. □ Keep records. By January 31, 2018: □ Get an employer identification number (EIN). □ Give your employee Copies B, C, and 2 of Form W-2, Wage and Tax Statement. □ Send Copy A of Form W-2 with Form W-3 to the Social Security Administration (SSA). Don't send Form W-2 to the SSA if you didn't withhold federal income tax and the social security and Medicare wages were below $2,000 for 2017. By April 17, 2018: □ File Schedule H (Form 1040), Household Employment Taxes, with your 2017 federal income tax return (Form 1040, 1040NR, 1040-SS, or 1041). If you don't have to file a return, file Schedule H by itself.
Social Security and Medicare Taxes The social security tax pays for old-age, survivors, and disability benefits for workers and their families. The Medicare tax pays for hospital insurance. Both you and your household employee may owe social security and Medicare taxes. Your share is 7.65% (6.2% for social security tax and 1.45% for Medicare tax) of the employee's social security and Medicare wages. Your employee's share is also 7.65% (6.2% for social security tax and 1.45% for Medicare tax). In addition to withholding Medicare tax at 1.45%, you must withhold a 0.9% Additional Medicare Tax from wages you pay to an employee in excess of $200,000 in a calendar year. You’re required to begin withholding Additional Medicare Tax in the pay period in which you pay wages in excess of $200,000 to an employee and continue to withhold it each pay period until the end of the calendar year. Additional Medicare Tax is only imposed on the employee. There is no employer share of Additional Medicare Tax. All wages that are subject to Medicare tax are subject to Additional Medicare Tax withholding if paid in excess of the $200,000 withholding threshold. You’re responsible for payment of your employee's share of the taxes as well as your own. You can either withhold your employee's share from the employee's wages or pay it from your own funds. If you decide to pay the employee's share from your own funds, see Not withholding the employee's share, later. Pay the taxes as discussed under How Do You Make Tax Payments, later. Also, see What Forms Must You File, later. Social security and Medicare wages. You figure social security and Medicare taxes on the social security and Medicare wages you pay your employee. If you pay your household employee cash wages of $2,000 or more in 2017, all cash wages you pay to that employee in 2017 (regardless of when the wages were earned) up to $127,200 are social security wages and all cash wages are Medicare wages. However, any noncash wages you pay don't count as social security and Medicare wages. If you pay the employee less than $2,000 in cash wages in 2017, none of the wages you pay the employee are social security or Medicare wages and neither you nor your employee will owe social security or Medicare tax on those wages. Cash wages. Cash wages include wages you pay by check, money order, etc. Cash wages don't include the value of food, lodging, clothing, transit passes, and other noncash items you give your household employee. However, cash you give your employee in place of these items is included in cash wages. Noncash items may be subject to federal income tax withholding. State disability payments treated as wages. Certain state disability plan payments that your household employee may receive are treated as social security and Medicare wages. Wages not counted. Don't count wages you pay to any of the following individuals as social security or Medicare wages, even if these wages are $2,000 or more during the year. Your spouse.
Your child who is under the age of 21.
Your parent. Exception: Count these wages if both the following conditions apply.
Your parent cares for your child who is either of the following.
Under the age of 18.
Has a physical or mental condition that requires the personal care of an adult for at least 4 continuous weeks in the calendar quarter services were performed.
Your marital status is one of the following.
You’re divorced and haven't remarried.
You’re a widow or widower.
You’re living with a spouse whose physical or mental condition prevents him or her from caring for your child for at least 4 continuous weeks in the calendar quarter services were performed.
An employee who is under the age of 18 at any time during the year. Exception: Count these wages if providing household services is the employee's principal occupation. If the employee is a student, providing household services isn't considered to be his or her principal occupation.
Also, if your employee's cash wages reach $127,200 (maximum wages subject to social security tax) in 2017, don't count any wages you pay that employee during the rest of the year as social security wages to figure social security tax. Continue to count the employee's cash wages as Medicare wages to figure Medicare tax.
If you reimburse your employee for qualified parking, transportation in a commuter highway vehicle, transit passes, or commuting by bicycle, you may be able to exclude the cash reimbursement amounts from counting as cash wages subject to social security and Medicare taxes. Qualified parking is parking at or near your home or at or near a location from which your employee commutes to your home. For 2017, you can reimburse your employee up to $255 per month for qualified parking; $255 per month for combined commuter highway vehicle transportation and transit passes; or $20 multiplied by the number of qualified bicycle commuting months during the calendar year. Withholding the employee's share. You should withhold the employee's share of social security and Medicare taxes if you expect to pay your household employee cash wages of $2,000 or more in 2017. However, you may prefer to pay the employee's share yourself. You can withhold the employee's share of the taxes even if you’re not sure your employee's cash wages will be $2,000 or more in 2017. If you withhold the taxes but then actually pay the employee less than $2,000 in cash wages for the year, you should repay the employee. Don't report withheld taxes that you repaid to the employee on Form W-2. Withhold 7.65% (6.2% for social security tax and 1.45% for Medicare tax) from each payment of social security and Medicare wages. Generally, you can use Table 3 to figure the proper amount to withhold. You will pay the amount withheld to the IRS with your share of the taxes. Don't withhold any social security tax after your employee's social security wages for the year reach $127,200.
Employee Social Security (6.2%) and Medicare (1.45%1) Tax Withholding Table (See Pub. 15 for income tax withholding tables.) Use this table to figure the amount of social security and Medicare taxes to withhold from each wage payment. For example, on a wage payment of $180, the employee social security tax is $11.16 ($6.20 tax on $100 plus $4.96 on $80 wages). The employee Medicare tax is $2.61 ($1.45 tax on $100 plus $1.16 on $80 wages). In addition to withholding Medicare tax at 1.45%, you must withhold a 0.9% Additional Medicare Tax from wages you pay to an employee in excess of $200,000 in a calendar year. You’re required to begin withholding Additional Medicare Tax in the pay period in which you pay wages in excess of $200,000 to an employee and continue to withhold it each pay period until the end of the calendar year. Additional Medicare Tax is only imposed on the employee. There is no employer share of Additional Medicare Tax. All wages that are subject to Medicare tax are subject to Additional Medicare Tax withholding if paid in excess of the $200,000 withholding threshold. If you make an error by withholding too little, you should withhold additional taxes from a later payment. If you withhold too much, you should repay the employee. In addition to withholding Medicare tax at 1.45%, you must withhold a 0.9% Additional Medicare Tax from wages you pay to an employee in excess of $200,000 in a calendar year. You’re required to begin withholding Additional Medicare Tax in the pay period in which you pay wages in excess of $200,000 to an employee and continue to withhold it each pay period until the end of the calendar year. Additional Medicare Tax is only imposed on the employee. There is no employer share of Additional Medicare Tax. All wages that are subject to Medicare tax are subject to Additional Medicare Tax withholding if paid in excess of the $200,000 withholding threshold. For example, on February 13, 2017, Mary Brown hired Jane A. Oak (who is an unrelated individual over age 18) to care for her child and agreed to pay cash wages of $50 every Friday. Jane worked for the remainder of the year (a total of 46 weeks). Jane didn't give Mary a Form W-4 to request income tax withholding. The following is the information Mary will need to complete Schedule H, Form W-2, and Form W-3. Total cash wages paid to Jane $2,300.00 ($50 x 46 weeks)
Jane's share of: Social security tax $142.60 ($2,300 x 6.2% (0.062))
Medicare tax $33.35 ($2,300 x 1.45% (0.0145)) Mary's share of: Social security tax $142.60 ($2,300 x 6.2% (0.062))
Medicare tax $33.35 ($2,300 x 1.45% (0.0145)) Amount reported on Form W-2 and Form W-3: Box 1: Wages, tips $2,300.00 Box 3: Social security wages $2,300.00 Box 4: Social security tax withheld 142.60 Box 5: Medicare wages and tips $2,300.00 Box 6: Medicare tax withheld 33.35
Not withholding the employee's share. If you prefer to pay your employee's social security and Medicare taxes from your own funds, don't withhold them from your employee's wages. The social security and Medicare taxes you pay to cover your employee's share must be included in the employee's wages for income tax purposes. However, they aren't counted as social security and Medicare wages or as federal unemployment (FUTA) wages. Report the social security and Medicare taxes that you paid in boxes 4 and 6 of your employee’s Form W-2; also add the taxes to your employee’s wages reported in box 1 of Form W-2. For example, in 2017, you hire a household employee (who is an unrelated individual over age 18) to care for your child and agree to pay cash wages of $100 every Friday. You expect to pay your employee $2,000 or more for the year. You decide to pay your employee's share of social security and Medicare taxes from your own funds. You pay your employee $100 every Friday without withholding any social security or Medicare taxes. For social security and Medicare tax purposes, your employee's wages each payday are $100. For each wage payment, you will pay $15.30 when you pay the taxes. This is $7.65 ($6.20 for social security tax + $1.45 for Medicare tax) to cover your employee's share plus $7.65 ($6.20 for social security tax + $1.45 for Medicare tax) for your share. For income tax purposes, your employee's wages each payday are $107.65 ($100 + the $7.65 you will pay to cover your employee's share of social security and Medicare taxes). Federal Unemployment (FUTA) Tax The federal unemployment tax is part of the federal and state program under the Federal Unemployment Tax Act (FUTA) that pays unemployment compensation to workers who lose their jobs. Like most employers, you may owe both the federal unemployment tax (the FUTA tax) and a state unemployment tax. Or, you may owe only the FUTA tax or only the state unemployment tax. To find out whether you will owe state unemployment tax, contact your state's unemployment tax agency. For a list of state unemployment tax agencies, visit the U.S. Department of Labor's website at workforcesecurity.doleta.gov/unemploy/agencies.asp. You should also find out if you need to pay or collect other state employment taxes or carry workers' compensation insurance. The FUTA tax is 6.0% of your employee's FUTA wages. However, you may be able to take a credit of up to 5.4% against the FUTA tax, resulting in a net tax rate of 0.6%. Your credit for 2017 is limited unless you pay all the required contributions for 2017 to your state unemployment fund by April 17, 2018. The credit you can take for any contributions for 2017 that you pay after April 17, 2018, is limited to 90% of the credit that would have been allowable if the contributions were paid by April 17, 2018. (If you didn't pay all the required contributions for 2016 by April 18, 2017, see Credit for 2016, later.) Please note that if a due date falls on a Saturday, Sunday, or legal holiday, payments are considered timely if made by the next business day. The term "legal holiday" means any legal holiday in the District of Columbia. Pay the tax as discussed under How Do You Make Tax Payments, later. Also, see What Forms Must You File, later. It is important to note that the 5.4% credit is reduced for wages paid in a credit reduction state. However, don't withhold the FUTA tax from your employee's wages. You must pay it from your own funds. FUTA wages. Figure the FUTA tax on the FUTA wages you pay. If you pay cash wages to all of your household employees totaling $1,000 or more in any calendar quarter of 2016 or 2017, the first $7,000 of cash wages you pay to each household employee in 2017 is FUTA wages. (A calendar quarter is January through March, April through June, July through September, or October through December.) If your employee's cash wages reach $7,000 during the year, don't figure the FUTA tax on any wages you pay that employee during the rest of the year. Wages not counted. Don't count wages you pay to any of the following individuals as FUTA wages. Your spouse. Your child who is under the age of 21. Your parent. Credit for 2016. The credit you can take for any state unemployment fund contributions for 2016 that you pay after April 18, 2017, is limited to 90% of the credit that would have been allowable if the contributions were paid on or before that day. Use Worksheet A to figure the credit for late contributions if you paid any state contributions after the due date for filing Form 1040. Worksheet A. Worksheet for Credit for Late Contributions 1. Enter the amount from Schedule H, line 22 ________________________ 2. Enter the amount from Schedule H, line 19 ________________________ 3. Subtract line 2 from line 1. If zero or less, enter -0- _____________ 4. Enter total contributions paid to the state(s) after the Form 1040 due date __________ 5. Enter the smaller of line 3 or line 4 _________________________ 6. Multiply line 5 by 0.90 (90%) _______________________ 7. Add lines 2 and 6 _______________________ 8. Enter the smaller of the amount on line 1 or line 7 here and on Schedule H, line 23 ___________________ Do You Need To Withhold Federal Income Tax? You’re not required to withhold federal income tax from wages you pay a household employee. You should withhold federal income tax only if your household employee asks you to withhold it and you agree. The employee must give you a completed Form W-4. If you and your employee have agreed to withholding, either of you may end the agreement by letting the other know in writing. If you agree to withhold federal income tax, you’re responsible for paying it to the IRS. Use the income tax withholding tables in Pub. 15 to find out how much to withhold. Figure federal income tax withholding on wages before you deduct any amounts for other withheld taxes. Withhold federal income tax from each payment of wages based on the filing status and exemptions shown on your employee's Form W-4. Wages. Figure federal income tax withholding on both cash and noncash wages you pay. Measure wages you pay in any form other than cash by the fair market value of the noncash item. Don't count as wages meals provided to your employee at your home for your convenience or lodging provided to your employee at your home for your convenience and as a condition of employment. Up to $255 per month for 2017 for transit passes you give your employee or for any cash reimbursement you make for the amount your employee pays for transit passes used to commute to your home if you qualify for this exclusion. A transit pass includes any pass, token, fare card, voucher, or similar item entitling a person to ride on mass transit, such as a bus or train. Up to $255 per month for 2017 for the value of parking you provide your employee or for any cash reimbursement you make for the amount your employee pays and substantiates for parking at or near your home or at or near a location from which your employee commutes to your home. Paying tax without withholding. Any income tax you pay for your employee without withholding it from the employee's wages must be included in the employee's wages for federal income tax purposes. It also must be included in social security and Medicare wages and in federal unemployment (FUTA) wages. What Do You Need To Know About the Earned Income Credit? Certain workers can take the earned income credit (EIC) on their federal income tax return. This credit reduces their tax or allows them to receive a payment from the IRS. Notice about the EIC. You must give your household employee a notice about the EIC if you agree to withhold federal income tax from the employee's wages (as discussed earlier under Do You Need To Withhold Federal Income Tax?) and the income tax withholding tables show that no tax should be withheld. Even if not required, you’re encouraged to give the employee a notice about the EIC if his or her 2017 wages are less than $48,340 ($53,930 if married filing jointly). Copy B of the 2017 Form W-2 has a statement about the EIC on the back. If you give your employee that copy by January 31, 2018, you don't have to give the employee any other notice about the EIC. If you don't give your employee Copy B of the Form W-2, your notice about the EIC can be a substitute Form W-2 with the same EIC information on the back of the employee's copy that is on Copy B of the Form W-2, notice 797, Possible Federal Tax Refund Due to the Earned Income Credit (EIC) or your own written statement with the same wording as in Notice 797. If a substitute Form W-2 is given on time but doesn't have the required EIC information, you must notify the employee within 1 week of the date the substitute Form W-2 is given. If Form W-2 is required but isn't given on time, you must give the employee Notice 797 or your written statement about the 2017 EIC by January 31, 2018. If Form W-2 isn't required, you must notify the employee by February 7, 2018. How Do You Make Tax Payments? When you file your 2017 federal income tax return in 2018, attach Schedule H (Form 1040) to your Form 1040, 1040NR, 1040-SS, or 1041. Use Schedule H to figure your total household employment taxes (social security, Medicare, FUTA, and withheld federal income taxes). Add these household employment taxes to your income tax. Pay the amount due by April 17, 2018. For more information about using Schedule H, see Schedule H under What Forms Must You File, later. You can avoid owing tax with your return if you pay enough tax during the year to cover your household employment taxes, as well as your income tax. You can pay the additional tax in any of the following ways.
You may be subject to the estimated tax underpayment penalty if you didn't pay enough income and household employment taxes during the year. However, you won't be subject to the penalty if both of the following situations apply to you.
Asking for more federal income tax withholding. If you’re employed and want more federal income tax withheld from your wages to cover your household employment taxes, give your employer a new Form W-4. Complete it as before, but show the additional amount you want withheld from each paycheck on line 6. If you receive a pension or annuity and want more federal income tax withheld to cover household employment taxes, give the payer a new Form W-4P (or a similar form provided by the payer). Complete it as before, but show the additional amount you want withheld from each benefit payment on line 3. Make sure you will have the right amount withheld. It will help you compare your total expected withholding for 2017 with the combined income tax and employment taxes that you can expect to figure on your 2017 tax return. Paying estimated tax. If you want to make estimated tax payments to cover household employment taxes, get Form 1040-ES. You can use its payment vouchers to make your payments by check or money order. You may be able to pay by Electronic Funds Withdrawal (EFW) or credit card. For details, see the form instructions and visit IRS.gov. You can pay all the employment taxes at once or you can pay them in installments. If you have already made some estimated tax payments for 2017, you should increase your remaining payments to cover the employment taxes. Estimated tax payments for 2017 are due April 18, June 15, and September 15, 2017, and January 16, 2018. Payment option for business employers. If you own a business or a farm operated for profit, you can choose either of two ways to pay your 2017 household employment taxes. You can pay them with your federal income tax as previously described, or you can include them with your federal employment tax deposits or other payments for your business or farm employees. For information on depositing employment taxes, see Pub. 15. If you pay your household employment taxes with your business or farm employment taxes, you must report your household employment taxes with those other employment taxes on Form 941, Employer's QUARTERLY Federal Tax Return; Form 944, Employer's ANNUAL Federal Tax Return; or Form 943, Employer's Annual Federal Tax Return for Agricultural Employees, and on Form 940, Employer's Annual Federal Unemployment (FUTA) Tax Return. The deduction that can be taken on Schedules C and F (Form 1040) for wages and employment taxes applies only to wages and taxes paid for business and farm employees. You can't deduct the wages and employment taxes paid for your household employees on your Schedule C or F. You may have to pay taxes through federal income tax withholding and estimated tax payments. This will help you avoid figuring the estimated tax penalty. What Forms Must You File? You must file certain forms to report your household employee's wages and the federal employment taxes for the employee if you pay any of the following wages to the employee.
Employer identification number (EIN).
You must include your EIN on the forms you file for your household employee. An EIN is a nine-digit number issued by the IRS. It isn't the same as a social security number (SSN). You ordinarily will have an EIN if you previously paid taxes for employees, either as a household employer or as a sole proprietor of a business you own. If you already have an EIN, use that number. If you don't have an EIN, you may apply for one online. Go to IRS.gov and enter "EIN" in the search box. You may also apply for an EIN by faxing or mailing Form SS-4 to the IRS. Form W-2. File a separate 2017 Form W-2 for each household employee to whom you pay either of the following wages during the year.
You must complete Form W-2 and give Copies B, C, and 2 to your employee by January 31, 2018. You must also send Copy A of Form W-2 with Form W-3, Transmittal of Wage and Tax Statements, to the SSA by January 31, 2018. We encourage you to file Form W-2 electronically. Electronic filing is available to all employers and is free, fast, and secure. If filing electronically, the SSA will generate Form W-3 data from the electronic submission of Form(s) W-2. If you're not required to file a Form W-2, we encourage you to provide your household employee with a receipt for services that includes the dates worked, wages paid, and a general description of work completed. This receipt will help the household employee to report his or her wages on Form 1040. Employee who leaves during the year. If an employee stops working for you before the end of 2017, you can file Form W-2 and provide copies to your employee immediately after you make your final payment of wages. You don't need to wait until 2018. If the employee asks you for Form W-2, give it to him or her within 30 days after the request or the last wage payment, whichever is later. Schedule H. Use Schedule H to report household employment taxes if you pay any of the following wages to the employee.
File Schedule H with your 2017 federal income tax return by April 17, 2018. If you get an extension to file your return, the extension also will apply to your Schedule H. Filing options when no return is required. If you’re not required to file a 2017 tax return, you have the following two options.
Employers having the options listed above include certain tax-exempt organizations that don't have to file a tax return, such as churches that pay a household worker to take care of a minister's home. Business employment tax returns. Don't use Schedule H if you choose to pay the employment taxes for your household employee with business or farm employment taxes. (See Payment option for business employers, earlier.) Instead, include the social security, Medicare, and withheld federal income taxes for the employee on the Form 941 or Form 944 you file for your business or on the Form 943 you file for your farm. Include the FUTA tax for the employee on your Form 940. If you report the employment taxes for your household employee on Form 941, Form 944, or Form 943, file Form W-2 for that employee with the Forms W-2 and Form W-3 for your business or farm employees. What Records Must You Keep? Keep your copies of Schedule H or other employment tax forms you file and related Forms W-2, W-3, and W-4. You must also keep records to support the information you enter on the forms you file. If you must file Form W-2, you will need to keep a record of your employee's name, address, and SSN. Wage and tax records. On each payday, you should record the date and amounts of all the following items.
Employee's SSN. You must keep a record of your employee's name and SSN exactly as they appear on his or her social security card if you pay the employee either of the following.
You must ask for your employee's SSN no later than the first day on which you pay the wages. You may consider asking for it when you hire your employee. You should ask your employee to show you his or her social security card. The employee may show the card if it is available. You may, but aren't required to, photocopy the card if the employee provides it. An employee who doesn't have an SSN must apply for one on Form SS-5, Application for a Social Security Card. An employee who has lost his or her social security card or whose name isn't correctly shown on the card may apply for a replacement card. How long to keep records. Keep your employment tax records for at least 4 years after the due date of the return on which you report the taxes or the date the taxes were paid, whichever is later. Can You Claim a Credit for Child and Dependent Care Expenses? If your household employee cares for your dependent who is under age 13 or for your spouse or dependent who isn't capable of self-care, you may be able to take an income tax credit against some of your expenses. To qualify, you must pay these expenses so you can work or look for work. If you can take the credit, you can include in your qualifying expenses your share of the federal and state employment taxes you pay, as well as the employee's wages. How Can You Correct Schedule H? If you discover that you made an error on a Schedule H (or Anexo H-PR), the forms used to correct the error depend on whether the Schedule H was attached to another form or whether it was filed by itself. Schedule H attached to another form. If you discover an error on a Schedule H that you previously filed with Form 1040, Form 1040NR, or Form 1040-SS, file Form 1040X, Amended U.S. Individual Income Tax Return, and attach a corrected Schedule H. If you filed Formulario 1040-PR, file a Form 1040X and attach a corrected Anexo H-PR. If you discover an error on a Schedule H that you previously filed with Form 1041, U.S. Income Tax Return for Estates and Trusts, file an "amended" Form 1041 and attach a corrected Schedule H. You discovered (that is, ascertained) the error when you had enough information to be able to correct the error. Write "CORRECTED" (or "CORREGIDO") and the date you discovered the error in the top margin of your corrected Schedule H (or Anexo H-PR), in bold letters. In addition, explain the reason for your correction and the date the error was discovered in Part III of Form 1040X or in a statement attached to the amended Form 1041. Schedule H filed by itself. If you discover an error on a Schedule H (or Anexo H-PR) that you filed as a stand-alone return, file another stand-alone Schedule H with the corrected information. You discovered (that is, ascertained) the error when you had enough information to be able to correct the error. Write "CORRECTED" (or "CORREGIDO") and the date you discovered the error in the top margin of your corrected Schedule H (or Anexo H-PR), in bold letters. In addition, explain the reason for your correction and the date the error was discovered in a statement attached to the corrected Schedule H. If you have an overpayment, also write "ADJUSTED" (or "CORREGIDO") or "REFUND" (or "REEMBOLSO") in the top margin, depending on whether you want to adjust your overpayment or claim a refund. When to file. File a corrected Schedule H when you discover an error on a previously filed Schedule H. If you’re correcting an underpayment, file a corrected Schedule H no later than the due date of your next tax return (generally, April 15 of the following calendar year) after you discover the error. If you’re correcting an overpayment, file a corrected Schedule H within the refund period of limitations (generally 3 years from the date your original form was filed or within 2 years from the date you paid the tax, whichever is later). Underpayment of tax. You must pay any underpayment of social security and Medicare taxes by the time you file the corrected Schedule H. Generally, by filing on time and paying by the time you file the return, you won't be charged interest (and won't be subject to failure-to-pay or estimated tax penalties) on the balance due. However, underreported FUTA taxes will be subject to interest. Overpayment of tax. You may either adjust or claim a refund of an overpayment of social security and Medicare taxes on a previously filed Schedule H. However, if you’re correcting an overpayment and are filing the corrected Schedule H within 90 days of the expiration of the period of limitations, you can only claim a refund of the overpayment. Adjust the overpayment. If the corrected Schedule H is filed with a Form 1040X or an amended Form 1041, adjust your return by indicating on line 23 of the Form 1040X or on line 29a of the Form 1041 that you would like the overpayment applied to your estimated taxes on Form 1040, Form 1040NR, Form 1040-PR, Form 1040-SS, or Form 1041 for the year in which you’re filing the corrected Schedule H. If the corrected Schedule H is filed as a stand-alone return, adjust your return by writing "ADJUSTED" (or "CORREGIDO") in the top margin (in bold letters). If you adjust your return, you won't receive interest on your overpayment. If the corrected Schedule H will be filed within 90 days of the expiration of the refund period of limitations, you may not adjust the return and must claim a refund for the overpayment. You may not adjust your return to correct overpayments of FUTA tax. Claim for refund process. If the corrected Schedule H is filed with a Form 1040X or an amended Form 1041, claim a refund by indicating that you would like the overpayment refunded to you on line 22 of the Form 1040X or line 29b of the Form 1041. If the corrected Schedule H is filed as a stand-alone return, claim a refund by writing "REFUND" (or "REEMBOLSO") in the top margin (in bold letters). You will receive interest on any overpayment refunded, unless the overpayment is for FUTA tax because you were entitled to increased credits for state contributions. Required repayment or consent. If you previously overreported social security and Medicare taxes, you may adjust your overpayment only after you’ve repaid or reimbursed your employees the amount of the overcollection of employee tax. You reimburse your employees by applying the overwithheld amount against taxes to be withheld on future wages. You may claim a refund for the overpayment only after you’ve repaid or reimbursed your employees the amount of the overcollection or you’ve obtained consents from your employees to file the claim for refund for the employee tax. Include a statement that you repaid or reimbursed your employees, or obtained their written consents in the case of a claim for refund, in Part III of Form 1040X or in a statement attached to the amended Form 1041 or the stand-alone corrected Schedule H. Filing required Forms W-2 or Forms W-2c. Whether you previously underreported tax or overreported tax, you will generally be required to file Form W-2, or their territorial equivalents (if none was previously filed), or Form W-2c, Corrected Wage and Tax Statement, to reflect the changes reported on your corrected Schedule H. Additional Medicare Tax. Generally, you may not correct an error in Additional Medicare Tax withholding for wages paid to employees in a prior year unless it is an administrative error. An administrative error occurs if the amount you entered on Schedule H isn't the amount you actually withheld. For example, if the Additional Medicare Tax actually withheld was incorrectly reported on Schedule H due to a mathematical or transposition error, this would be an administrative error. If a prior year error was a nonadministrative error, you may correct only the wages subject to Additional Medicare Tax withholding. Any underwithheld Additional Medicare Tax must be recovered from employees on or before the last day of the calendar year in which the underwithholding occurred. Any excess Additional Medicare Tax withholding must be repaid or reimbursed to employees before the end of the calendar year in which it was withheld. Pay-as-you-go Tax The federal income tax is a pay-as-you-go tax. You must pay the tax as you earn or receive income during the year. There are two ways to pay as you go. Withholding. If you are an employee, your employer probably withholds income tax from your pay. In addition, tax may be withheld from certain other income, such as pensions, bonuses, commissions, and gambling winnings. The amount withheld is paid to the Internal Revenue Service (IRS) in your name. Estimated tax. If you do not pay your tax through withholding, or do not pay enough tax that way, you might have to pay estimated tax. People who are in business for themselves generally will have to pay their tax this way. You may have to pay estimated tax if you receive income such as dividends, interest, capital gains, rents, and royalties. Estimated tax is used to pay not only income tax, but other taxes such as self-employment tax and alternative minimum tax. You need to know how to take credit on your return for the tax that was withheld and for your estimated tax payments. If you did not pay enough tax during the year, either through withholding or by making estimated tax payments, you may have to pay a penalty. Generally, the IRS can figure this penalty for you. This underpayment penalty, and the exceptions to it, are discussed in chapter 4. Nonresident aliens. Before completing Form W-4, Employee's Withholding Allowance Certificate, nonresident alien employees should see the Instructions for Form 8233, Exemption From Withholding on Compensation for Independent (and Certain Dependent) Personal Services of a Nonresident Alien Individual. Also see chapter 8 of Pub. 519, U.S. Tax Guide for Aliens, for important information on withholding. Standard mileage rates. The 2017 rate for business use of your vehicle is 53.5 cents per mile. The rate for use of your vehicle to get medical care or move is 17 cents per mile. The rate of 14 cents per mile for charitable use is unchanged. Personal exemption for certain taxpayers. For 2017, the personal exemption amount remains unchanged at $4,050 for taxpayers with adjusted gross income at or below $313,800 if married filing jointly or qualifying widow(er), $287,650 if head of household, $261,500 if single, or $156,900 if married filing separately. The personal exemption amount for taxpayers with adjusted gross income above these thresholds may be reduced. Limitation on itemized deductions. For 2017, itemized deductions for taxpayers with adjusted gross income above $313,800 if married filing jointly or qualifying widow(er), $287,650 if head of household, $261,500 if single, and $156,900 if married filing separately may be reduced. Alternative minimum tax (AMT) exemption amount increased. The AMT exemption amount is increased to $54,300 ($84,500 if married filing jointly or qualifying widow(er); $42,250 if married filing separately).
Lifetime learning credit income limits. In order to claim a lifetime learning credit, your MAGI must be less than $56,000 ($112,000 if married filing jointly).
Retirement savings contribution credit income limits increased. In order to claim this credit for 2017, your MAGI must be less than $31,000 ($62,000 if married filing jointly; $46,500 if head of household).
Adoption credit or exclusion. The maximum adoption credit or exclusion for employer-provided adoption benefits has increased to $13,570. In order to claim either the credit or exclusion, your MAGI must be less than $243,540.
Earned income credit (EIC). You may be able to take the EIC in 2017 if:
Also, the maximum MAGI you can have and still get the credit has increased. You may be able to take the credit if your MAGI is less than the amount in the above list that applies to you. The maximum investment income you can have and get the credit is $3,450 for 2017. Individual taxpayer identification number (ITIN) renewal. If you were assigned an ITIN before January 1, 2013, or if you have an ITIN that you haven’t included on a tax return in the last three consecutive years, you may need to renew it. Social security tax. Generally, each employer for whom you work during the tax year must withhold social security tax up to the annual limit. The annual limit is $127,200 in 2017. Health care coverage. When you file your 2017 tax return in 2018, you will need to either (1) indicate on your return that you and your family had health care coverage throughout 2017, (2) claim an exemption from the health care coverage requirement for some or all of 2017, or (3) make a payment if you do not have coverage or an exemption(s) for all 12 months of 2017. See Form 8965 and its instructions for more information on claiming an exemption or making a payment. Advance payments of the premium tax credit. If you buy health insurance through the Health Insurance Marketplace, you may be eligible to have advance payments of the premium tax credit paid on your behalf to the insurance company. Receiving too little or too much in advance will affect your refund or balance due. Promptly report changes in your income or family size to your Marketplace. See Form 8962 and its instructions for more information. Additional Medicare Tax. A 0.9% Additional Medicare Tax applies to Medicare wages, Railroad Retirement Tax Act compensation, and self-employment income over a threshold amount based on your filing status. You may need to include this amount when figuring your estimated tax. You may also request that your employer deduct and withhold an additional amount of income tax withholding from your wages on Form W-4, Employee's Withholding Allowance Certificate. Net Investment Income Tax. You may be subject to Net Investment Income Tax (NIIT). NIIT is a 3.8% tax on the lesser of net investment income or the excess of your modified adjusted gross income (MAGI) over the threshold amount. NIIT may need to be included when figuring estimated tax. You may also request that your employer deduct and withhold an additional amount of income tax withholding from your wages on Form W-4. Salaries and Wages Income tax is withheld from the pay of most employees. Your pay includes your regular pay, bonuses, commissions, and vacation allowances. It also includes reimbursements and other expense allowances paid under a nonaccountable plan. If your income is low enough that you will not have to pay income tax for the year, you may be exempt from withholding. You can ask your employer to withhold income tax from noncash wages and other wages not subject to withholding. If your employer does not agree to withhold tax, or if not enough is withheld, you may have to pay estimated tax. Tax is withheld only if you want it withheld and your employer agrees to withhold it. If you do not have enough income tax withheld, you may have to pay estimated tax. Military retirees. Military retirement pay is treated in the same manner as regular pay for income tax withholding purposes, even though it is treated as a pension or annuity for other tax purposes. Household workers. If you are a household worker, you can ask your employer to withhold income tax from your pay. A household worker is an employee who performs household work in a private home, local college club, or local fraternity or sorority chapter. Farmworkers. Generally, income tax is withheld from your cash wages for work on a farm unless your employer both:
Differential wage payments. When employees are on leave from employment for military duty, some employers make up the difference between the military pay and civilian pay. Payments to an employee who is on active duty for a period of more than 30 days will be subject to income tax withholding, but not subject to social security or Medicare taxes. The wages and withholding will be reported on Form W-2, Wage and Tax Statement. Determining Amount of Tax Withheld Using Form W-4 The amount of income tax your employer withholds from your regular pay depends on two things.
You must specify a filing status and a number of withholding allowances on Form W-4. You cannot specify only a dollar amount of withholding. Form W-4 includes four types of information that your employer will use to figure your withholding.
New Job When you start a new job, you must fill out a Form W-4 and give it to your employer. Your employer should have copies of the form. If you need to change the information later, you must fill out a new form. If you work only part of the year (for example, you start working after the beginning of the year), too much tax may be withheld. You may be able to avoid overwithholding if your employer agrees to use the part-year method. Employee also receiving pension income. If you receive pension or annuity income and begin a new job, you will need to file Form W-4 with your new employer. However, you can choose to split your withholding allowances between your pension and job in any manner. Changing Your Withholding During the year changes may occur to your marital status, exemptions, adjustments, deductions, or credits you expect to claim on your tax return. When this happens, you may need to give your employer a new Form W-4 to change your withholding status or number of allowances. If the changes reduce the number of allowances you are allowed to claim or changes your marital status from married to single, you must give your employer a new Form W-4 within 10 days. (Line 3 of Form W-4) and Withholding Allowances (Line 5 of Form W-4) . Generally, you can submit a new Form W-4 whenever you wish to change your withholding allowances for any other reason. If you change the number of your withholding allowances, you can request that your employer withhold using the Cumulative Wage Method. Personal and Financial Changes Factors
Checking Your Withholding After you have given your employer a Form W-4, you can check to see whether the amount of tax withheld from your pay is too much or too little. If too much or too little tax is being withheld, you should give your employer a new Form W-4 to change your withholding. You should try to have your withholding match your actual tax liability. If not enough tax is withheld, you will owe tax at the end of the year and may have to pay interest and a penalty. If too much tax is withheld, you will lose the use of that money until you get your refund. Always check your withholding if there are personal or financial changes in your life or changes in the law that might change your tax liability. See Table 1-1 for examples. You cannot give your employer a payment to cover federal income tax withholding on salaries and wages for past pay periods or a payment for estimated tax. When Should You Check Your Withholding? The earlier in the year you check your withholding, the easier it is to get the right amount of tax withheld. You should check your withholding when any of the following situations occur.
How Do You Increase Your Withholding? There are two ways to increase your withholding. You can:
Requesting an additional amount withheld. You can request that an additional amount be withheld from each paycheck by following these steps.
If you have this additional amount withheld from your pay each payday, you should avoid owing a large amount at the end of the year. What if I have more than one job or my spouse also has a job? You are more likely to need to increase your withholding if you have more than one job or if you are married filing jointly and your spouse also works. If this is the case, you can increase your withholding for one or more of the jobs.You need to give your employer a new Form W-4 for each job for which you are changing your withholding. How Do You Decrease Your Withholding? You may have more tax withheld than your projected tax liability for 2017, you may be able to decrease your withholding. There are two ways to do this. You can:
You can claim only the number of allowances to which you are entitled. You may be able to decrease your withholding by increasing your allowances. Increasing the number of allowances. Figure and increase the number of withholding allowances you can claim as follows.
When Will Your New Form W-4 Go Into Effect? If the change is for the current year, your employer must put your new Form W-4 into effect no later than the start of the first payroll period ending on or after the 30th day after the day on which you give your employer your revised Form W-4. If the change is for next year, your new Form W-4 will not take effect until next year. Retirees Returning to the Workforce When you first began receiving your pension, you told the payer how much tax to withhold, if any, by completing Form W-4P, Withholding Certificate for Pension or Annuity Payments (or similar form). However, if your retirement pay is from the military or certain deferred compensation plans, you completed Form W-4 instead of Form W-4P. You completed either form based on your projected income at that time. Now that you are returning to the workforce, your new Form W-4 (given to your employer) and your Form W-4 or W-4P (on file with your pension plan) must work together to determine the correct amount of withholding for your new amount of income. The worksheets that come with Forms W-4 and W-4P are basically the same, so you can use either set of worksheets to figure out how many withholding allowances you are entitled to claim. Start off with the Personal Allowances Worksheet. Then, if you will be itemizing your deductions, claiming adjustments to income, or claiming tax credits when you file your tax return, complete the Deductions and Adjustments Worksheet. The third worksheet is the most important for this situation. Form W-4 calls it the Two-Earners/Multiple Jobs Worksheet, Form W-4P calls it the Multiple Pensions/More-Than-One-Income Worksheet—both are the same. If you have more than one source of income, in order to have enough withholding to cover the tax on your higher income, you may need to claim fewer withholding allowances or request your employer to withhold an additional amount from each paycheck. Once you have figured out how many allowances you are entitled to claim, look at the income from both your pension and your new job, and how often you receive payments. It is your decision how to divide up your withholding allowances between these sources of income. For example, you may want to "take home" most of your weekly paycheck to use as spending money and use your monthly pension to "pay the bills." In that case, change your Form W-4P to zero allowances and claim all that you are entitled to on your Form W-4. There are a couple of ways you can get a better idea of how much tax will be withheld when claiming a certain number of allowances.
And remember, this is not a final decision. If you do not get the correct amount of withholding with the first Forms W-4 and W-4P you submit, you should refigure your allowances (or divide them differently) using the information and worksheets in this publication, or the resources mentioned above. You should go through this same process each time your life situation changes, whether it be for personal or financial reasons. You may need more tax withheld, or you may need less. Tax Credits for 2017 When completing Form W4 for your employer, you should also consider which credit will qualify for and get a rough estimate of how much you will be receiving. The following credits are credits you may qualify for and that would make a difference in your tax situation.
There is a lower withholding rate for people who qualify to check the "Married" box of Form W-4. Everyone else must have tax withheld at the higher single rate. If you are single, divorced, or separated from your spouse under a court decree of separate maintenance, you are considered single. You are considered married for the whole year even if your spouse died during the year. You expect to be able to file your return as a qualifying widow or widower. You usually can use this filing status if your spouse died within the previous 2 years and you provide more than half the cost of keeping up a home for the entire year that was the main home for you and your child whom you can claim as a dependent. However, you must file a new Form W-4 showing your filing status as single by December 1 of the last year you are eligible to file as a qualifying widow or widower. Some married people find that they do not have enough tax withheld at the married rate. This can happen, for example, when both spouses work. To avoid this, you can check the "Married, but withhold at higher Single rate" box (even if you qualify for the married rate). Withholding Allowances The more allowances you claim on Form W-4, the less income tax your employer will withhold. You will have the most tax withheld if you claim "0" allowances. The number of allowances you can claim depends on the following factors.
If you are married (filing jointly), it also depends on whether your spouse also works and claims any allowances on his or her own Form W-4. Or, if married filing separately, whether or not your spouse also works. If you want to adjust the number of your withholding allowances for certain tax credits, use the Deductions and Adjustments Worksheet on page 2 of Form W-4, even if you do not have any deductions or adjustments. Complete all worksheets that apply to your situation. The worksheets will help you figure the maximum number of withholding allowances you are entitled to claim so that the amount of income tax withheld from your wages will match, as closely as possible, the amount of income tax you will owe at the end of the year. Multiple jobs. If you have income from more than one job at the same time, complete only one set of Form W-4 worksheets. Then split your allowances between the Forms W-4 for each job. You cannot claim the same allowances with more than one employer at the same time. You can claim all your allowances with one employer and none with the other(s), or divide them any other way. Married individuals. If both you and your spouse are employed and expect to file a joint return, figure your withholding allowances using your combined income, adjustments, deductions, exemptions, and credits. Use only one set of worksheets. You can divide your total allowances any way, but you cannot claim an allowance that your spouse also claims. If you and your spouse expect to file separate returns, figure your allowances using separate worksheets based on your own individual income, adjustments, deductions, exemptions, and credits. Alternative method of figuring withholding allowances. You do not have to use the Form W-4 worksheets if you use a more accurate method of figuring the number of withholding allowances. The method you use must be based on withholding schedules, the tax rate schedules, and any other way of making a good estimate of withholding. However, it must take into account only the items of income, adjustments to income, deductions, and tax credits that are taken into account on Form W-4. You can use the number of withholding allowances determined under an alternative method rather than the number determined using the Form W-4 worksheets. You still must give your employer a Form W-4 claiming your withholding allowances. Employees who are not citizens or residents. If you are neither a citizen nor a resident of the United States, you usually can claim only one withholding allowance. However, this rule does not apply if you are a resident of Canada or Mexico, or if you are a U.S. national. It also does not apply if your spouse is a U.S. citizen or resident and you have chosen to be treated as a resident of the United States for tax purposes. Special rules apply to residents of South Korea and India. Personal Allowances Worksheet Use the Personal Allowances Worksheet on page 1 of Form W-4 to figure your withholding allowances based on all of the following that apply.
You can claim one withholding allowance for each exemption you expect to claim on your tax return. You can claim an allowance for your exemption unless another person can claim an exemption for you on his or her tax return. If another person is entitled to claim an exemption for you, you cannot claim an allowance for your exemption even if the other person will not claim your exemption. Spouse. You can claim an allowance for your spouse's exemption unless your spouse is claiming his or her own exemption or another person can claim an exemption for your spouse. Do not claim this allowance if you and your spouse expect to file separate returns. Dependents. You can claim one allowance for each exemption you will claim for a dependent on your tax return. Only one job You can claim an additional withholding allowance if any of the following apply for 2017.
Head of household filing status Generally, you can file as head of household if you are unmarried and pay more than half the cost of keeping up a home that:
Reduction of personal allowances. For 2017, your deduction for personal exemptions on your tax return is reduced if your adjusted gross income (AGI) is more than the AGI shown next for your filing status. Personal Allowance Phaseout Threshold
If you expect your AGI to be more than the amount listed, you must figure your reduced number of personal allowances on Form W4. Child and dependent care credit Make adjustments to your Form W4, if you expect to claim a credit for at least $2,000 of qualifying child or dependent care expenses on your 2017 return. Generally, qualifying expenses are those you pay for the care of your dependent who is your qualifying child under age 13 or for your spouse or dependent who is not able to care for himself or herself so that you can work or look for work. An eligible child for the Child Tax Credit is any child (who):
If you are a U.S. citizen or U.S. national and your adopted child lived with you all year as a member of your household, that child meets the citizenship test. Also, if any other person can claim the child as an eligible child follow the procedures fo qualifying child of more than one person. Deductions and Adjustments Worksheet\ Use the Deductions and Adjustments Worksheet of Form W-4 if you plan to itemize your deductions, claim certain credits, or claim adjustments to the income on your 2017 tax return and you want to reduce your withholding. Also, complete this worksheet when you have changes to those items to see if you need to change your withholding. Do not include any amount shown on your last tax return that has been disallowed by the IRS. For example, on June 30, 2016, you bought your first home. On your 2016 tax return, you claimed itemized deductions of $6,600, the total mortgage interest and real estate tax you paid during the 6 months you owned your home. Based on your mortgage payment schedule and your real estate tax assessment, you reasonably can expect to claim deductions of $13,200 for those items on your 2017 return. You can use $13,200 to figure the number of your withholding allowances for itemized deductions. Use the amount of each item you reasonably can expect to show on your return. However, do not use more than:
Listed below are some of the deductions you can take into account when figuring additional withholding allowances for 2017. You normally claim these deductions on Schedule A of Form 1040. There are more and these are only a few.
Phaseout of itemized deductions. For 2017, your total itemized deductions may be phased out (reduced) if your AGI is more than the following thresholds. Itemized Deduction Phaseout Threshold
You can take the following adjustments to income into account when figuring additional withholding allowances for 2017. Only a few are listed here.
Tax credits Although you can take most tax credits into account when figuring withholding allowances, Form W4 is not large enough to include everything. Therefore, you must account for items on your own. You can take these credits and others into account by adding an extra amount directly on Form W4. In addition to the child and dependent care credit and the child tax credit, you can generally take into account the following credits.
Two-Earners/Multiple Jobs Complete the Two-Earners/Multiple Jobs Worksheet on page 2 of Form W-4 if you have more than one job or are married and you and your spouse both work and the combined earnings from all jobs are more than $50,000 ($20,000 if married). Getting the Right Amount of Tax Withheld In most situations, the tax withheld from your pay will be close to the tax you figure on your return if you follow these two rules.
But because the worksheets and withholding methods do not account for all possible situations, you may not be getting the right amount withheld. This is most likely to happen in the following situations.
Part-Year Method If you work only part of the year and your employer agrees to use the part-year withholding method, less tax will be withheld from each wage payment than would be withheld if you worked all year. To be eligible for the part-year method, you must meet both of the following requirements.
How to apply for the part-year method. You must ask your employer in writing to use this method. The request must state all three of the following.
Cumulative Wage Method If you change the number of your withholding allowances during the year, too much or too little tax may have been withheld for the period before you made the change. You may be able to compensate for this if your employer agrees to use the cumulative wage withholding method for the rest of the year. You must ask your employer in writing to use this method. To be eligible, you must have been paid for the same kind of payroll period (weekly, biweekly, etc.) since the beginning of the year. Rules Your Employer Must Follow It may be helpful for you to know some of the withholding rules your employer must follow. These rules can affect how to fill out your Form W-4 and how to handle problems that may arise. New Form W-4. When you start a new job, your employer should give you a Form W-4 to fill out. Beginning with your first payday, your employer will use the information you give on the form to figure your withholding. If you later fill out a new Form W-4, your employer can put it into effect as soon as possible. The deadline for putting it into effect is the start of the first payroll period ending 30 or more days after you turn it in. No Form W-4. If you do not give your employer a completed Form W-4, your employer must withhold at the highest rate, as if you were single and claimed no withholding allowances. Repaying withheld tax. If you find you are having too much tax withheld because you did not claim all the withholding allowances you are entitled to, you should give your employer a new Form W-4. Your employer cannot repay any of the tax previously withheld. Instead, claim the full amount withheld when you file your tax return. However, if your employer has withheld more than the correct amount of tax for the Form W-4 you have in effect, you do not have to fill out a new Form W-4 to have your withholding lowered to the correct amount. Your employer can repay the amount that was withheld incorrectly. If you are not repaid, your Form W-2 will reflect the full amount actually withheld, which you would claim when you file your tax return. IRS review of your withholding. Whether you are entitled to claim a certain number of allowances or a complete exemption from withholding is subject to review by the IRS. Your employer may be required to send a copy of the Form W-4 to the IRS. There is a penalty for supplying false information on Form W-4. If the IRS determines that you cannot claim more than a specified number of withholding allowances or claim a complete exemption from withholding, the IRS will issue a notice of the maximum number of withholding allowances permitted (commonly referred to as a "lock-in letter") to both you and your employer. The IRS will provide a period of time during which you can dispute the determination before your employer adjusts your withholding. If you believe that you are entitled to claim complete exemption from withholding or claim more withholding allowances than the maximum number specified by the IRS in the lock-in letter, you must submit a new Form W-4 and a written statement to support your claims to the IRS. Contact information (a toll-free number and an IRS office address) will be provided in the lock-in letter. At the end of this period, if you have not responded or if your response is not adequate, your employer will be required to withhold based on the original lock-in letter. After the lock-in letter takes effect, your employer must withhold tax on the basis of the withholding rate (marital status) and maximum number of withholding allowances specified in that letter. If you later believe that you are entitled to claim exemption from withholding or more allowances than the IRS determined, you can complete a new Form W-4 and a written statement to support the claims made on the Form W-4 and send them directly to the IRS address shown on the lock-in letter. Your employer must continue to figure your withholding on the basis of the number of allowances previously determined by the IRS until the IRS advises your employer otherwise. At any time, either before or after the lock-in letter becomes effective, you may give your employer a new Form W-4 that does not claim complete exemption from withholding and results in more income tax withheld than specified in the lock-in letter. Your employer must then withhold tax based on this new Form W-4. Exemption From Withholding If you claim exemption from withholding, your employer will not withhold federal income tax from your wages. The exemption applies only to income tax, not to social security or Medicare tax. You can claim exemption from withholding for 2017 only if both of the following situations apply.
Students. If you are a student, you are not automatically exempt. If you work only part time or during the summer, you may qualify for exemption from withholding. For example, you are a high school student and expect to earn $2,500 from a summer job. You do not expect to have any other income during the year, and your parents will be able to claim an exemption for you on their tax return. You worked last summer and had $375 federal income tax withheld from your pay. The entire $375 was refunded when you filed your 2016 return. You can claim exemption from withholding. If on the other hand, you also have a savings account and expect to have $400 interest income during the year, you cannot claim exemption from withholding because your unearned income will be more than $350 and your total income will be more than $1,050. Ultimately, you may still have to file a tax return, even if you are exempt from withholding. Age 65 or older or blind. If you are 65 or older or blind, you may be able to claim exemption from withholding. Make sure, however, if you can still claim exemption if you will itemize deductions, claim exemptions for dependents, or claim tax credits on your 2017 return. Itemizing deductions or claiming exemptions or credits. You must figure out your 2017 expected tax liability if not zero. You can only claim exemtion from withholding if your total expected tax liability is zero. Calculate your expected liability to make sure if you can claim exemption if you had no tax liability for 2016, and you will:
Look, if you claim exemption, but later your situation changes so that you will have to pay income tax after all, you must file a new Form W-4 within 10 days after the change. If you claim exemption in 2017 but you expect to owe income tax for 2018, you must file a new Form W-4 by December 1, 2017. Your exemption is good for only one year. After that, you must give your employer a new Form W-4 by February 15 each year to continue your exemption. Supplemental Wages Supplemental wages include bonuses, commissions, overtime pay, vacation allowances, certain sick pay, and expense allowances under certain plans. The payer can figure withholding on supplemental wages using the same method used for your regular wages. However, if these payments are identified separately from regular wages, your employer or other payer of supplemental wages can withhold income tax from these wages at a flat rate. Expense allowances. Reimbursements or other expense allowances paid by your employer under a nonaccountable plan are treated as supplemental wages. A nonaccountable plan is a reimbursement arrangement that does not require you to account for, or prove, your business expenses to your employer or does not require you to return your employer's payments that are more than your proven expenses. Reimbursements or other expense allowances paid under an accountable plan that are more than your proven expenses are treated as paid under a nonaccountable plan if you do not return the excess payments within a reasonable period of time. Accountable plan. To be an accountable plan, your employer's reimbursement or allowance arrangement must include all three of the following rules.
An excess reimbursement or allowance is any amount you are paid that is more than the business-related expenses that you adequately accounted for to your employer. The definition of reasonable period of time depends on the facts and circumstances of your situation. However, regardless of those facts and circumstances, actions that take place within the times specified in the following list will be treated as taking place within a reasonable period of time.
Nonaccountable plan. Any plan that does not meet the definition of an accountable plan is considered a nonaccountable plan. Penalties You may have to pay a penalty of $500 if both of the following apply.
There is also a criminal penalty for willfully supplying false or fraudulent information on your Form W-4 or for willfully failing to supply information that would increase the amount withheld. The penalty upon conviction can be either a fine of up to $1,000 or imprisonment for up to 1 year, or both. These penalties will apply if you deliberately and knowingly falsify your Form W-4 in an attempt to reduce or eliminate the proper withholding of taxes. A simple error or an honest mistake will not result in one of these penalties. For example, a person who has tried to figure the number of withholding allowances correctly, but claims seven when the proper number is six, will not be charged a Form W-4 penalty. Tips The tips you receive while working on your job are considered part of your pay. You must include your tips on your tax return on the same line as your regular pay. However, tax is not withheld directly from tip income, as it is from your regular pay. Nevertheless, your employer will take into account the tips you report when figuring how much to withhold from your regular pay. Reporting tips to your employer. If you receive tips of $20 or more in a month while working for any one employer, you must report to your employer the total amount of tips you receive on the job during the month. The report is due by the 10th day of the following month. If you have more than one job, make a separate report to each employer. Report only the tips you received while working for that employer, and only if they total $20 or more for the month. How employer figures amount to withhold. The tips you report to your employer are counted as part of your income for the month you report them. Your employer can figure your withholding in either of two ways.
Not enough pay to cover taxes. If your regular pay is not enough for your employer to withhold all the tax (including income tax and social security and Medicare taxes (or the equivalent railroad retirement tax)) due on your pay plus your tips, you can give your employer money to cover the shortage. If you do not give your employer money to cover the shortage, your employer first withholds as much Medicare tax and social security or railroad retirement tax as possible, up to the proper amount, and then withholds income tax up to the full amount of your pay. If not enough tax is withheld, you may have to pay estimated tax. When you file your return, you also may have to pay any Medicare and social security tax or railroad retirement tax your employer could not withhold. Tips not reported to your employer. On your tax return, you must report all the tips you receive during the year, even tips you do not report to your employer (this includes the value of any noncash tips you received, such as tickets, passes, or other items of value). Make sure you are having enough tax withheld, or are paying enough estimated tax , to cover all your tip income. Allocated tips. If you work in a large food or beverage establishment, your employer may have to report an allocated amount of tips on your Form W-2. Your employer should not withhold income tax, Medicare tax, and social security or railroad retirement tax on the allocated amount. Withholding is based only on your pay plus your reported tips. Your employer should refund to you any incorrectly withheld tax. Taxable Fringe Benefits The value of certain noncash fringe benefits you receive from your employer is considered part of your pay. Your employer generally must withhold income tax on these benefits from your regular pay. Although the value of your personal use of an employer-provided car, truck, or other highway motor vehicle is taxable, your employer can choose not to withhold income tax on that amount. Your employer must notify you if this choice is made. When benefits are considered paid. Your employer can choose to treat a fringe benefit as paid by the pay period, by the quarter, or on some other basis as long as the benefit is considered paid at least once a year. Your employer can treat the benefit as being paid on one or more dates during the year, even if you get the entire benefit at one time. Special rule. Your employer can choose to treat a benefit provided during November or December as paid in the next year. Your employer must notify you if this rule is used. For example, your employer considers the value of benefits paid from November 1, 2015, through October 31, 2016, as paid to you in 2016. To determine the total value of benefits paid to you in 2017, your employer will add the value of any benefits paid in November and December of 2016 to the value of any benefits paid in January through October of 2017. Exceptions. Your employer cannot choose when to withhold tax on the transfer of either real property or personal property of a kind normally held for investment (such as stock). Your employer must withhold tax on these benefits at the time of the transfer. How withholding is figured. Your employer can either add the value of a fringe benefit to your regular pay and figure income tax withholding on the total or withhold a flat 20% of the benefit's value. If the benefit's actual value cannot be determined when it is paid or treated as paid, your employer can use a reasonable estimate. Your employer must determine the actual value of the benefit by January 31 of the next year. If the actual value is more than the estimate, your employer must pay the IRS any additional withholding tax required. Your employer has until April 1 of that next year to recover from you the additional income tax paid to the IRS for you. How your employer reports your benefits. Your employer must report on Form W-2 the total of the taxable fringe benefits paid or treated as paid to you during the year and the tax withheld for the benefits. These amounts can be shown either on the Form W-2 for your regular pay or on a separate Form W-2. If your employer provided you with a car, truck, or other motor vehicle and chose to treat all of your use of it as personal, its value must be either separately shown on Form W-2 or reported to you on a separate statement. Sick Pay Sick pay is a payment to you to replace your regular wages while you are temporarily absent from work due to sickness or personal injury. To qualify as sick pay, it must be paid under a plan to which your employer is a party. If you receive sick pay from your employer or an agent of your employer, income tax must be withheld. An agent who does not pay regular wages to you may choose to withhold income tax at a flat rate. However, if you receive sick pay from a third party who is not acting as an agent of your employer, income tax will be withheld only if you choose to have it withheld. See Form W-4S . If you receive payments under a plan in which your employer does not participate (such as an accident or health plan where you paid all the premiums), the payments are not sick pay and usually are not taxable. Union agreements. If you receive sick pay under a collective bargaining agreement between your union and your employer, the agreement may determine the amount of income tax withholding. See your union representative or your employer for more information. Form W-4S. If you choose to have income tax withheld from sick pay paid by a third party, such as an insurance company, you must fill out Form W-4S. Its instructions contain a worksheet you can use to figure the amount you want withheld. They also explain restrictions that may apply. Give the completed form to the payer of your sick pay. The payer must withhold according to your directions on the form. Form W-4S remains in effect until you change or cancel it, or stop receiving payments. You can change your withholding by giving a new Form W-4S or a written notice to the payer of your sick pay. Estimated tax. If you do not request withholding on Form W-4S, or if you do not have enough tax withheld, you may have to pay estimated tax. If you do not pay enough tax, either through estimated tax or withholding, or a combination of both, you may have to pay a penalty. Pensions and Annuities Income tax usually will be withheld from your pension or annuity distributions unless you choose not to have it withheld. This rule applies to distributions from:
The amount withheld depends on whether you receive payments spread out over more than 1 year (periodic payments), within 1 year (nonperiodic payments), or as an eligible rollover distribution (ERD). Income tax withholding from an ERD is mandatory. ERDs are discussed under Eligible Rollover Distributions . Nontaxable part. The part of your pension or annuity that is a return of your investment in your retirement plan (the amount you paid into the plan or its cost to you) is not taxable. Income tax will not be withheld from the part of your pension or annuity that is not taxable. The tax withheld will be figured on, and cannot be more than, the taxable part. Periodic Payments Withholding from periodic payments of a pension or annuity is figured in the same way as withholding from salaries and wages. To tell the payer of your pension or annuity how much you want withheld, fill out Form W-4P or a similar form provided by the payer. Use Form W-4, not Form W-4P, if you receive any of the following.
Withholding rules. The withholding rules for pensions and annuities differ from those for salaries and wages in the following ways.
Effective date of withholding certificate. If you give your withholding certificate (Form W-4P or a similar form) to the payer on or before the date your payments start, it will be put into effect by the first payment made more than 30 days after you submit the certificate. If you give the payer your certificate after your payments start, it will be put into effect with the first payment which is at least 30 days after you submit it. However, the payer can elect to put it into effect earlier. Nonperiodic Payments Tax will be withheld at a flat 10% rate on any nonperiodic payments you receive, unless you tell the payer not to withhold. Use Form W-4P, line 3, to specify that an additional dollar amount be withheld. You also can use Form W-4P, line 1, to choose not to have tax withheld. You also may have the option to revoke a choice not to have tax withheld. You may need to use Form W-4P to ask for additional withholding. As you already well aware of, if you do not have enough tax withheld, you may need to pay estimated tax. Eligible Rollover Distributions A distribution you receive that is eligible to be rolled over tax free into a qualified retirement or annuity plan is called an eligible rollover distribution (ERD). This is the taxable part of any distribution from a qualified pension plan or tax-sheltered annuity that is not any of the following.
The payer of a distribution must withhold at a flat 20% rate on any part of an ERD that is distributed rather than rolled over directly to another qualified plan. Withholding on these distributions is mandatory. However, no withholding is required on any part rolled over directly to another plan. Choosing Not To Have Income Tax Withheld For payments other than ERDs, you can choose not to have income tax withheld. The payer will tell you how to make this choice. If you use Form W-4P, check the box on line 1 to choose not to have withholding. This choice will remain in effect until you decide you want withholding and inform the payer. The payer must withhold if either of the following applies:
If you do not have any income tax withheld from your pension or annuity, or if you do not have enough withheld, you may have to pay estimated tax. If you do not pay enough tax, either through estimated tax or withholding, or a combination of both, you may have to pay a penalty. Payments delivered outside the United States. You generally must have tax withheld from pension or annuity benefits delivered outside the United States. However, if you are a U.S. citizen or resident alien, you can choose not to have tax withheld if you give the payer of the benefits a home address in the United States or in a U.S. possession. The payer must withhold tax if you provide a U.S. address for a nominee, trustee, or agent to whom the benefits are to be delivered, but do not provide your own home address in the United States or in a U.S. possession. Notice required of payer. The payer of your pension or annuity must send you a notice telling you about your right to choose not to have tax withheld. Generally, the payer will not send a notice to you if it is reasonable to believe that the entire amount you will be paid is not taxable. Revoking a choice not to have tax withheld. The payer of your pension or annuity will tell you how to revoke your choice not to have income tax withheld from periodic or nonperiodic payments. If you use Form W-4P to revoke the choice, enter "Revoked" by the checkbox on line 1 of the form. This will instruct the payer to withhold as if you were married and claiming three allowances. However, you can tell the payer exactly how much to withhold by completing line 2 of the form for periodic payments or line 3 for nonperiodic payments. Gambling Winnings Income tax is withheld at a flat 25% rate from certain kinds of gambling winnings. Gambling winnings of more than $5,000 from the following sources are subject to income tax withholding.
It does not matter whether your winnings are paid in cash, in property, or as an annuity. Winnings not paid in cash are taken into account at their fair market value. Exception. Gambling winnings from bingo, keno, and slot machines generally are not subject to income tax withholding. However, you may need to provide the payer with a social security number to avoid withholding. See Backup withholding on gambling winnings . If you receive gambling winnings not subject to withholding, you may need to pay estimated tax. If you do not pay enough tax, either through withholding or estimated tax, or a combination of both, you may have to pay a penalty. Form W-2G. If a payer withholds income tax from your gambling winnings, you should receive a Form W-2G, Certain Gambling Winnings, showing the amount you won and the amount withheld. Report the tax withheld on your 2017 Form 1040, along with all other federal income tax withheld, as shown on Forms W-2 and 1099. Information to give payer. If the payer asks, you must give the payer all the following information.
Whether someone else is entitled to any part of the winnings subject to withholding. If so, you must complete Form 5754, Statement by Person(s) Receiving Gambling Winnings, and return it to the payer. The payer will use it to prepare a Form W-2G for each of the winners. Identical wagers. You may have to give the payer a statement of the amount of your winnings, if any, from identical wagers. If this statement is required, the payer will ask you for it. You provide this statement by signing Form W-2G or, if required, Form 5754. Identical wagers include two bets placed in a pari-mutuel pool on one horse to win a particular race. However, the bets are not identical if one bet is "to win" and one bet is "to place." In addition, they are not identical if the bets were placed in different pari-mutuel pools. For example, a bet in a pool conducted by the racetrack and a bet in a separate pool conducted by an offtrack betting establishment in which the bets are not pooled with those placed at the track are not identical wagers. Backup withholding on gambling winnings. If you have any kind of gambling winnings and do not give the payer your social security number, the payer may have to withhold income tax at a flat 28% rate. This rule also applies to winnings of at least $1,200 from bingo or slot machines or $1,500 from keno, and to certain other gambling winnings of at least $600. Unemployment Compensation You can choose to have income tax withheld from unemployment compensation. To make this choice, fill out Form W-4V (or a similar form provided by the payer) and give it to the payer. All unemployment compensation is taxable. So, if you do not have income tax withheld, you may have to pay estimated tax. Likewise, if you do not pay enough tax, either through withholding or estimated tax, or a combination of both, you may have to pay a penalty. Form 1099-G. If you receive $10 or more in unemployment compensation, you will receive a Form 1099-G, Certain Government Payments. Box 1 will show the amount of unemployment compensation you got for the year. Box 4 will show the amount of federal income tax withheld, if any. Federal Payments You can choose to have income tax withheld from certain federal payments you receive. These payments are:
* Your crops were destroyed or damaged by drought, flood, or any other natural disaster, or * You were unable to plant crops because of a natural disaster.
To make this choice, fill out Form W-4V (or a similar form provided by the payer) and give it to the payer. Payment to Shareholders of Alaska Native Corporations. If you are a shareholder of an Alaska Native Corporation (ANC) you can request to have income tax withheld from dividends and other distributions you receive from the ANC. To make this request, fill out Form W-4V (or a similar form provided by the payer) and give it to the payer. A request for withholding is not effective until the ANC indicates in writing that it accepts the request or begins withholding. Contact the payer if it is not clear that the payer has accepted your Form W-4V. If you do not choose to have income tax withheld, or the ANC does not accept your request, you may have to pay estimated tax. Backup Withholding Banks or other businesses that pay you certain kinds of income must file an information return (Form 1099) with the IRS. The information return shows how much you were paid during the year. It also includes your name and taxpayer identification number (TIN). These payments generally are not subject to withholding. However, "backup" withholding is required in certain situations.
* Interest payments, * Dividends, * Patronage dividends, but only if at least half the payment is in money, * Rents, profits, or other gains, * Commissions, fees, or other payments for work you do as an independent contractor, * Payments by brokers, * Payments by fishing boat operators, but only the part that is in money and that represents a share of the proceeds of the catch (Form 1099-MISC), and * Royalty payments (Form 1099-MISC). Backup withholding also may apply to gambling winnings. Payments not subject to backup withholding. Backup withholding does not apply to payments reported on Form 1099-MISC (other than payments by fishing boat operators and royalty payments) unless at least one of the following three situations applies.
Gerally you are required to file Form 1099 and and pay backup withholding for a payment of less than $10. Withholding rules. When you open a new account, make an investment, or begin to receive payments reported on Form 1099, the bank or other business will give you Form W-9, Request for Taxpayer Identification Number and Certification, or a similar form. You must enter your TIN on the form and, if your account or investment will earn interest or dividends, you also must certify (under penalties of perjury) that your TIN is correct and that you are not subject to backup withholding. The payer must withhold at a flat 28% rate in the following situations.
Taxpayer identification number. Your TIN is one of the following three numbers.
An ITIN is for federal tax use only. It does not entitle you to social security benefits or change your employment or immigration status under U.S. law. If you were assigned an ITIN before January 1, 2013, or if you have an ITIN that you haven’t included on a tax return in the last three consecutive years, you may need to renew it. How to prevent or stop backup withholding. If you have been notified by a payer that the TIN you gave is incorrect, you usually can prevent backup withholding from starting or stop backup withholding once it has begun by giving the payer your correct name and TIN. You must certify that the TIN you give is correct. However, the payer will provide additional instructions if the TIN you gave needs to be validated by the Social Security Administration or by the IRS. This may happen if both the following conditions exist.
Underreported interest or dividends. If you have been notified that you underreported interest or dividends, you must request and receive a determination from the IRS to prevent backup withholding from starting or to stop backup withholding once it has begun. Your request must show that at least one of the following situations applies.
If the IRS determines that backup withholding should stop, it will provide you with certification and will notify the payers who were sent notices earlier. Penalties. There are civil and criminal penalties for giving false information to avoid backup withholding. The civil penalty is $500. The criminal penalty, upon conviction, is a fine of up to $1,000 or imprisonment of up to 1 year, or both.
Estimated Tax for 2017 Estimated tax is the method used to pay tax on income that is not subject to withholding. This includes income from self-employment, interest, dividends, alimony, rent, gains from the sale of assets, prizes, and awards. You also may have to pay estimated tax if the amount of income tax being withheld from your salary, pension, or other income is not enough. Estimated tax is used to pay both income tax and self-employment tax, as well as other taxes and amounts reported on your tax return. If you do not pay enough tax, either through withholding or estimated tax, or a combination of both, you may have to pay a penalty. If you do not pay enough by the due date of each payment period (see When To Pay Estimated Tax ), you may be charged a penalty even if you are due a refund when you file your tax return.
Who Does Not Have To Pay Estimated Tax
If you receive salaries and wages, you may be able to avoid paying estimated tax by asking your employer to take more tax out of your earnings. To do this, file a new Form W-4 with your employer. See chapter 1.
Estimated tax not required.
You do not have to pay estimated tax for 2017 if you meet all three of the following conditions.
You had no tax liability for 2016.
You were a U.S. citizen or resident alien for the whole year.
Your 2016 tax year covered a 12-month period.
You had no tax liability for 2016 if your total tax (defined later under Total tax for 2016—line 14b ) was zero or you did not have to file an income tax return.
Figure 2-A: Do You Have To Pay Estimated Tax?
Please click here for the text description of the image.
Who Must Pay Estimated Tax
If you owed additional tax for 2016, you may have to pay estimated tax for 2017.
You can use the following general rule as a guide during the year to see if you will have enough withholding, or should increase your withholding or make estimated tax payments.
General Rule
In most cases, you must pay estimated tax for 2017 if both of the following apply.
You expect to owe at least $1,000 in tax for 2017, after subtracting your withholding and refundable credits.
You expect your withholding and refundable credits to be less than the smaller of:
90% of the tax to be shown on your 2017 tax return, or
100% of the tax shown on your 2016 tax return. Your 2016 tax return must cover all 12 months.
Note. The percentages in (2a) or (2b) just listed may be different if you are a farmer, fisherman, or higher income taxpayer. See Special Rules .
If the result from using the general rule above suggests that you will not have enough withholding, complete the 2017 Estimated Tax Worksheet for a more accurate calculation.
Figure 2-A takes you through the general rule. You may find this helpful in determining if you must pay estimated tax.
If all your income will be subject to income tax withholding, you probably do not need to pay estimated tax.
Example 1.
Jane Smart uses Figure 2-A and the following information to figure whether she should pay estimated tax for 2017. She files as head of household claiming her dependent son, takes the standard deduction, and expects no refundable credits for 2017. Expected adjusted gross income (AGI) for 2017 $74,550 AGI for 2016 $57,150 Total tax on 2016 return (Form 1040, line 63) $ 8,591 Total 2017 estimated tax (line 13c of the 2016 Estimated Tax Worksheet) $11,015 Tax expected to be withheld in 2017 $10,000
Jane's answer to Figure 2-A, box 1, is YES; she expects to owe at least $1,000 for 2017 after subtracting her withholding from her expected total tax ($11,015 − $10,000 = $1,015). Her answer to box 2a is YES; she expects her income tax withholding ($10,000) to be at least 90% of the tax to be shown on her 2017 return ($11,015 × 90% (0.90) = $9,913.50). Jane does not need to pay estimated tax.
Example 2.
The facts are the same as in Example 1, except that Jane expects only $8,500 tax to be withheld in 2017. Because that is less than $9,913.50, her answer to box 2a is NO.
Jane's answer to box 2b is also NO; she does not expect her income tax withholding ($8,500) to be at least 100% of the total tax shown on her 2016 return ($8,591). Jane must increase her withholding or pay estimated tax for 2016.
Example 3.
The facts are the same as in Example 2, except that the total tax shown on Jane's 2016 return was $8,400. Because she expects to have more than $8,400 withheld in 2017 ($8,500), her answer to box 2b is YES. Jane does not need to pay estimated tax for 2017.
Married Taxpayers
If you qualify to make joint estimated tax payments, apply the rules discussed here to your joint estimated income.
You and your spouse can make joint estimated tax payments even if you are not living together.
However, you and your spouse cannot make joint estimated tax payments if:
You are legally separated under a decree of divorce or separate maintenance,
You and your spouse have different tax years, or
Either spouse is a nonresident alien (unless that spouse elected to be treated as a resident alien for tax purposes). See Choosing Resident Alien Status in Pub. 519.
Note.
Individuals of the same sex and opposite sex who are in registered domestic partnerships, civil unions, or other similar formal relationships that are not marriages under state law cannot make joint estimated tax payments. These individuals can take credit only for the estimated tax payments that he or she made.
If you and your spouse cannot make joint estimated tax payments, apply these rules to your separate estimated income.
Making joint or separate estimated tax payments will not affect your choice of filing a joint tax return or separate returns for 2017.
2016 separate returns and 2017 joint return.
If you plan to file a joint return with your spouse for 2017, but you filed separate returns for 2016, your 2016 tax is the total of the tax shown on your separate returns. You filed a separate return if you filed as single, head of household, or married filing separately.
2016 joint return and 2017 separate returns.
If you plan to file a separate return for 2017, but you filed a joint return for 2016, your 2016 tax is your share of the tax on the joint return. You file a separate return if you file as single, head of household, or married filing separately.
To figure your share of the tax on a joint return, first figure the tax both you and your spouse would have paid had you filed separate returns for 2016 using the same filing status for 2017. Then multiply the tax on the joint return by the following fraction.
The tax you would have paid had you filed a separate return The total tax you and your spouse would have paid had you filed separate returns
Example.
Joe and Heather filed a joint return for 2016 showing taxable income of $48,500 and a tax of $6,351. Of the $48,500 taxable income, $40,100 was Joe's and the rest was Heather's. For 2017, they plan to file married filing separately. Joe figures his share of the tax on the 2016 joint return as follows: Tax on $40,100 based on separate return $5,803 Tax on $8,400 based on separate return 843 Total $6,646 Joe's percentage of total ($5,803 ÷ $6,646) 87.3% Joe's share of tax on joint return ($6,351 × 87.3% (0.873)) $5,544
Special Rules
There are special rules for farmers, fishermen, and certain higher income taxpayers.
Farmers and Fishermen
If at least two-thirds of your gross income for 2016 or 2017 is from farming or fishing, substitute 662/3% for 90% in (2a) under General Rule .
Gross income.
Your gross income is all income you receive in the form of money, goods, property, and services that is not exempt from tax. To determine whether two-thirds of your gross income for 2016 was from farming or fishing, use as your gross income the total of the income (not loss) amounts.
Joint returns.
On a joint return, you must add your spouse's gross income to your gross income to determine if at least two-thirds of your total gross income is from farming or fishing.
Gross income from farming.
This is income from cultivating the soil or raising agricultural commodities. It includes the following amounts.
Income from operating a stock, dairy, poultry, bee, fruit, or truck farm.
Income from a plantation, ranch, nursery, range, orchard, or oyster bed.
Crop shares for the use of your land.
Gains from sales of draft, breeding, dairy, or sporting livestock.
For 2016, gross income from farming is the total of the following amounts.
Schedule F (Form 1040), Profit or Loss From Farming, line 9.
Form 4835, Farm Rental Income and Expenses, line 7.
Your share of the gross farming income from a partnership, S corporation, estate or trust, from: Schedule K-1 (Form 1065), Schedule K-1 (Form 1120S), or Schedule K-1 (Form 1041).
Your gains from sales of draft, breeding, dairy, or sporting livestock shown on Form 4797, Sales of Business Property.
Wages you receive as a farm employee and wages you receive from a farm corporation are not gross income from farming.
Gross income from fishing.
This is income from catching, taking, harvesting, cultivating, or farming any kind of fish, shellfish (for example, clams and mussels), crustaceans (for example, lobsters, crabs, and shrimp), sponges, seaweeds, or other aquatic forms of animal and vegetable life.
Gross income from fishing includes the following amounts.
Schedule C (Form 1040), Profit or Loss From Business, line 7.
Income for services as an officer or crew member of a vessel while the vessel is engaged in fishing.
Your share of the gross fishing income from a partnership, S corporation, estate or trust, from: Schedule K-1 (Form 1065), Schedule K-1 (Form 1120S), or Schedule K-1 (Form 1041).
Certain taxable interest and punitive damage awards received in connection with the Exxon Valdez litigation.
Income for services normally performed in connection with fishing.
Services normally performed in connection with fishing include:
Shore service as an officer or crew member of a vessel engaged in fishing, and
Services that are necessary for the immediate preservation of the catch, such as cleaning, icing, and packing the catch.
Higher Income Taxpayers
If your AGI for 2016 was more than $150,000 ($75,000 if your filing status for 2017 is married filing a separate return), substitute 110% for 100% in (2b) under General Rule .
For 2016, AGI is the amount shown on Form 1040, line 37; Form 1040A, line 21; and Form 1040EZ, line 4. Note.
This rule does not apply to farmers and fishermen.
Aliens
Resident and nonresident aliens also may have to pay estimated tax. Resident aliens should follow the rules in this publication, unless noted otherwise. Nonresident aliens should get Form 1040-ES (NR), U.S. Estimated Tax for Nonresident Alien Individuals.
You are an alien if you are not a citizen or national of the United States. You are a resident alien if you either have a green card or meet the substantial presence test.
For more information about withholding, the substantial presence test, and Form 1040-ES (NR), see Pub. 519.
Estates and Trusts
Estates and trusts also must pay estimated tax. However, estates (and certain grantor trusts that receive the residue of the decedent's estate under the decedent's will) are exempt from paying estimated tax for the first 2 years after the decedent's death.
Estates and trusts must use Form 1041-ES, Estimated Income Tax for Estates and Trusts, to figure and pay estimated tax.
How To Figure Estimated Tax
To figure your estimated tax, you must figure your expected AGI, taxable income, taxes, deductions, and credits for the year.
When figuring your 2017 estimated tax, it may be helpful to use your income, deductions, and credits for 2016 as a starting point. Use your 2016 federal tax return as a guide. You can use Form 1040-ES to figure your estimated tax. Nonresident aliens use Form 1040-ES (NR) to figure estimated tax.
You must make adjustments both for changes in your own situation and for recent changes in the tax law. Some of these changes are discussed under What's New for 2017 . For information about these and other changes in the law, visit the IRS website at IRS.gov.
The instructions for Form 1040-ES include a worksheet to help you figure your estimated tax. Keep the worksheet for your records.
2017 Estimated Tax Worksheet
Use Worksheet 2-1 to help guide you through the information about completing the 2017 Estimated Tax Worksheet. You can also find a copy of the worksheet in the instructions for Form 1040-ES.
Expected AGI—Line 1
Your expected AGI for 2017 (line 1) is your expected total income minus your expected adjustments to income.
Total income.
Include in your total income all the income you expect to receive during the year, even income that is subject to withholding. However, do not include income that is tax exempt.
Total income includes all income and loss for 2017 that, if you had received it in 2016, would have been included on your 2016 tax return in the total on line 22 of Form 1040, line 15 of Form 1040A, or line 4 of Form 1040EZ.
Social security and railroad retirement benefits. If you expect to receive social security or tier 1 railroad retirement benefits during 2017, use Worksheet 2-2 to figure the amount of expected taxable benefits you should include on line 1.
Adjustments to income.
Be sure to subtract from your expected total income all of the adjustments you expect to take on your 2017 tax return.
Self-employed. If you expect to have income from self-employment, use Worksheet 2-3 to figure your expected self-employment tax and your allowable deduction for self-employment tax. Include the amount from Worksheet 2-3 in your expected adjustments to income. If you file a joint return and both you and your spouse have net earnings from self-employment, each of you must complete a separate worksheet.
Expected Taxable Income— Lines 2–5
Reduce your expected AGI for 2017 (line 1) by either your expected itemized deductions or your standard deduction and by your exemptions (lines 2 through 5).
Itemized deductions—line 2.
If you expect to claim itemized deductions on your 2017 tax return, enter the estimated amount on line 2.
Itemized deductions are the deductions that can be claimed on Schedule A (Form 1040).
For 2017, your total itemized deductions may be reduced if your AGI is more than the amount shown next for your filing status. Single $261,500 Married filing jointly or qualifying widow(er) $313,800 Married filing separately $156,900 Head of household $287,650
If you expect your AGI to be more than this amount, use Worksheet 2-5 to figure the amount to enter on line 2.
Standard deduction—line 2.
If you expect to claim the standard deduction on your 2017 tax return, enter the amount on line 2. Use Worksheet 2-4 to figure your standard deduction.
No standard deduction.
The standard deduction for some individuals is zero. Your standard deduction will be zero if you:
File a separate return and your spouse itemizes deductions,
Are a dual-status alien, or
File a return for a period of less than 12 months because you change your accounting period.
Exemptions—line 4.
After you have subtracted either your expected itemized deductions or your standard deduction from your expected AGI, reduce the amount remaining by $4,050 for each exemption you expect to take on your 2017 tax return. If another person (such as your parent) can claim an exemption for you on his or her tax return, you cannot claim your own personal exemption. This is true even if the other person will not claim your exemption or the exemption will be reduced or eliminated under the phaseout rule.
For 2017, your deduction for personal exemption is reduced if your AGI is more than the amount shown next for your filing status. Single $261,500 Married filing jointly or qualifying widow(er) $313,800 Married filing separately $156,900 Head of household $287,650
If you expect your AGI to be more than this amount, use Worksheet 2-6 to figure the amount to enter on line 4.
Expected Taxes and Credits— Lines 6–13c
After you have figured your expected taxable income (line 5), follow the steps next to figure your expected taxes, credits, and total tax for 2017. Most people will have entries for only a few of these steps. However, you should check every step to be sure you do not overlook anything.
Step 1.
Figure your expected income tax (line 6). Generally, you will use the 2017 Tax Rate Schedules to figure your expected income tax.
However, see below for situations where you must use a different method to compute your estimated tax.
Tax on child's investment income.
You must use a special method to figure tax on the income of the following children who have more than $2,100 of investment income.
Children under age 18 at the end of 2017.
The following children if their earned income is not more than half their support.
Children age 18 at the end of 2017.
Children who are full-time students at least age 19 but under age 24 at the end of 2017.
See Pub. 929, Tax Rules for Children and Dependents. Although the ages and dollar amounts in the publication may be different in the 2017 revision, this reference will give you basic information for figuring the tax.
Tax on net capital gain.
The regular income tax rates for individuals do not apply to a net capital gain. Instead, your net capital gain is taxed at a lower maximum rate.
The term "net capital gain" means the amount by which your net long-term capital gain for the year is more than your net short-term capital loss.
Tax on capital gain and qualified dividends. If the amount on line 1 includes a net capital gain or qualified dividends, use Worksheet 2-7 to figure your tax. Note.
For 2017, your capital gains and dividends rate will depend on your income.
Tax if excluding foreign earned income or excluding or deducting foreign housing. If you expect to claim the foreign earned income exclusion or the housing exclusion or deduction on Form 2555 or Form 2555-EZ, use Worksheet 2-8 to figure your estimated tax.
Step 2.
Total your expected taxes (line 8). Include on line 8 the sum of the following.
Your tax on line 6.
Your expected alternative minimum tax (AMT) from Form 6251, or included on Form 1040A.
Your expected additional taxes from Form 8814, Parents' Election To Report Child's Interest and Dividends, and Form 4972, Tax on Lump-Sum Distributions.
Any recapture of education credits.
Step 3.
Subtract your expected credits (line 9). If you are using your 2016 return as a guide and filed Form 1040, your total credits for 2016 were shown on line 55. If you filed Form 1040A, your total credits for 2016 were on line 36.
If your credits on line 9 are more than your taxes on line 8, enter "-0-" on line 10 and go to Step 4.
Step 4.
Add your expected self-employment tax (line 11). You already should have figured your self-employment tax (see Self-employed under Expected AGI—Line 1).
Step 5.
Add your expected other taxes (line 12).
Other taxes include the following. The total of these taxes are entered on line 12.
Additional tax on early distributions from:
An IRA or other qualified retirement plan,
A tax-sheltered annuity, or
A modified endowment contract entered into after June 20, 1988.
Household employment taxes if:
You will have federal income tax withheld from wages, pensions, annuities, gambling winnings, or other income, or
You would be required to make estimated tax payments even if you did not include household employment taxes when figuring your estimated tax.
Amounts written on Form 1040 on the line for "other taxes" (line 62 on the 2016 Form 1040). But, do not include recapture of a federal mortgage subsidy; tax on excess golden parachute payments; look-back interest due under section 167(g) or 460(b) of the Internal Revenue Code; excise tax on insider stock compensation from an expatriated corporation; or uncollected social security and Medicare tax or RRTA tax on tips or group-term life insurance.
Repayment of the first-time homebuyer credit. See Form 5405.
Additional Medicare Tax. A 0.9% Additional Medicare Tax applies to your combined Medicare wages and self-employment income and/or your RRTA compensation that exceeds the amount listed in the following chart, based on your filing status.
Filing Status Threshold Amount Married filing jointly $250,000 Married filing separately $125,000 Single $200,000 Head of household $200,000 Qualifying Widow(er) $250,000
Medicare wages and self-employment income are combined to determine if your income exceeds the threshold. A self-employment loss should not be considered for purposes of this tax. RRTA compensation should be separately compared to the threshold. Your employer is responsible for withholding the 0.9% Additional Medicare Tax on Medicare wages or RRTA compensation it pays to you in excess of $200,000 in 2017. You should consider this withholding, if applicable, in determining whether you need to make an estimated payment.
Net Investment Income Tax (NIIT). The NIIT is 3.8% of the lesser of your net investment income or the excess of your modified adjusted gross income over the amount listed in the following chart, based on your filing status.
Filing Status Threshold Amount Married filing jointly $250,000 Married filing separately $125,000 Single $200,000 Head of household $200,000 Qualifying Widow(er) $250,000
Step 6.
Subtract your refundable credits (line 13b). These include the earned income credit, additional child tax credit, fuel tax credit, net premium tax credit, refundable American opportunity credit and refundable amount from Form 8885.
To figure your expected fuel tax credit, do not include fuel tax for the first three quarters of the year that you expect to have refunded to you.
The result of steps 1 through 6 is your total estimated tax for 2017 (line 13c).
Required Annual Payment— Line 14c
On lines 14a through 14c, figure the total amount you must pay for 2017, through withholding and estimated tax payments, to avoid paying a penalty.
General rule.
The total amount you must pay is the smaller of:
90% of your total expected tax for 2017, or
100% of the total tax shown on your 2016 return. Your 2016 tax return must cover all 12 months.
Special rules.
There are special rules for higher income taxpayers and for farmers and fishermen.
Higher income taxpayers.
If your AGI for 2016 was more than $150,000 ($75,000 if your filing status for 2017 is married filing separately), substitute 110% for 100% in (2) above. This rule does not apply to farmers and fishermen.
For 2016, AGI is the amount shown on Form 1040, line 37; Form 1040A, line 21; and Form 1040EZ, line 4.
Example.
Jeremy Martin's total tax on his 2016 return was $42,581, and his expected tax for 2017 is $71,253. His 2016 AGI was $180,000. Because Jeremy had more than $150,000 of AGI in 2016, he figures his required annual payment as follows. He determines that 90% of his expected tax for 2017 is $64,128 (0.90 × $71,253). Next, he determines that 110% of the tax shown on his 2016 return is $46,839 (1.10 x $42,581). Finally, he determines that his required annual payment is $46,839, the smaller of the two.
Farmers and fishermen.
If at least two-thirds of your gross income for 2016 or 2017 is from farming or fishing, your required annual payment is the smaller of:
662/3% (0.6667) of your total tax for 2017, or
100% of the total tax shown on your 2016 return. (Your 2016 tax return must cover all 12 months.)
For definitions of "gross income from farming" and "gross income from fishing," see Farmers and Fishermen , under Special Rules.
Total tax for 2016—line 14b.
Your 2016 total tax, if you filed Form 1040, is the amount on line 63 reduced by the following.
Unreported social security and Medicare tax or RRTA tax from Forms 4137 or 8919 (line 58).
The following amounts from Form 5329 included on line 59.
Any tax on excess contributions to an IRA, Archer MSA, Coverdell education savings account, health savings account, and ABLE account.
Any tax on excess accumulations in qualified retirement plans.
The following write-ins on line 62.
Excise tax on excess golden parachute payments (identified as "EPP").
Excise tax on insider stock compensation from an expatriated corporation (identified as "ISC").
Look-back interest due under section 167(g) (identified as "From Form 8866").
Look-back interest due under section 460(b) (identified as "From Form 8697").
Recapture of federal mortgage subsidy (identified as "FMSR").
Uncollected social security and Medicare tax or RRTA tax on tips or group-term life insurance (identified as "UT").
Any shared responsibility payment on line 61.
Any refundable credit amounts on lines 66a, 67, 68, 69, and 72 and credit from Form 8885 included on line 73.
If you filed Form 1040A, your 2016 total tax is the amount on line 39 reduced by the amount on line 38, and any refundable credits on lines 42a, 43, 44, and 45.
If you filed Form 1040EZ, your 2016 total tax is the amount on line 12 reduced by the amount on line 8a and 11.
Total Estimated Tax Payments Needed—Line 16a
Use lines 15 and 16a to figure the total estimated tax you may be required to pay for 2017. Subtract your expected withholding from your required annual payment (line 14c). You usually must pay this difference in four equal installments. See When To Pay Estimated Tax and How To Figure Each Payment .
You do not have to pay estimated tax if:
Line 14c minus line 15 is zero or less, or
Line 13c minus line 15 is less than $1,000.
Withholding—line 15.
Your expected withholding for 2017 (line 15) includes the income tax you expect to be withheld from all sources (wages, pensions and annuities, etc.). It includes excess social security, and tier 1 railroad retirement tax you expect to be withheld from your wages and compensation. For this purpose, you will have excess social security or tier 1 railroad retirement tax withholding for 2017 only if your wages and compensation from two or more employers are more than $127,200. See Excess Social Security or Railroad Retirement Tax Withholding in chapter 3.
It also includes Additional Medicare Tax you expect to be withheld from your wages or compensation. Your employer is responsible for withholding the 0.9% Additional Medicare Tax on Medicare wages or RRTA compensation it pays to you in excess of $200,000.
When To Pay Estimated Tax
For estimated tax purposes, the year is divided into four payment periods. Each period has a specific payment due date. If you do not pay enough tax by the due date of each of the payment periods, you may be charged a penalty even if you are due a refund when you file your income tax return.
If a payment is mailed, the date of the U.S. postmark is considered the date of payment. The payment periods and due dates for estimated tax payments are shown next. For exceptions to the dates listed, see Saturday, Sunday, holiday rule .
For the period: Due date: Jan. 11 – March 31 April 18 April 1 – May 31 June 15 June 1 – Aug. 31 Sept. 15 Sept. 1 – Dec. 31 Jan. 16, next year2
1 If your tax year does not begin on January 1, see Fiscal year taxpayers . 2 See January payment .
Saturday, Sunday, holiday rule.
If the due date for an estimated tax payment falls on a Saturday, Sunday, or legal holiday, the payment will be on time if you make it on the next day that is not a Saturday, Sunday, or a holiday.
January payment.
If you file your 2017 Form 1040 or Form 1040A by January 31, 2018, and pay the rest of the tax you owe, you do not need to make the payment due on January 16, 2018.
Example.
Janet Adams does not pay any estimated tax for 2017. She files her 2017 income tax return and pays the balance due shown on her return on January 26, 2018.
Janet's estimated tax for the fourth payment period is considered to have been paid on time. However, she may owe a penalty for not making the first three estimated tax payments, if required. Any penalty for not making those payments will be figured up to January 26, 2018.
Fiscal year taxpayers.
If your tax year does not start on January 1, your payment due dates are:
The 15th day of the 4th month of your fiscal year,
The 15th day of the 6th month of your fiscal year,
The 15th day of the 9th month of your fiscal year, and
The 15th day of the 1st month after the end of your fiscal year.
You do not have to make the last payment listed above if you file your income tax return by the last day of the first month after the end of your fiscal year and pay all the tax you owe with your return.
When To Start
You do not have to make estimated tax payments until you have income on which you will owe income tax. If you have income subject to estimated tax during the first payment period, you must make your first payment by the due date for the first payment period.
You have several options when paying estimated taxes. You can:
Apply an overpayment from the previous tax year,
Pay all your estimated tax by the due date of your first payment, or
Pay it in installments.
If you choose to pay in installments, make your first payment by the due date for the first payment period. Make your remaining installment payments by the due dates for the later periods.
To avoid any estimated tax penalties, all installments must be paid by their due date and for the required amount.
No income subject to estimated tax during first period.
If you do not have income subject to estimated tax until a later payment period, you must make your first payment by the due date for that period. You can pay your entire estimated tax by the due date for that period or you can pay it in installments by the due date for that period and the due dates for the remaining periods. Table 2-1 shows the general due dates for making installment payments when the due date does not fall on a Saturday, Sunday, or holiday.
Table 2-1. General Due Dates for Estimated Tax Installment Payments If you first have income on which you must pay estimated tax: Make a payment by:* Make later installments by:* Before April 1 April 15 June 15 Sept. 15 Jan. 15 next year April 1–May 31 June 15 Sept. 15 Jan. 15 next year June 1–Aug. 31 Sept. 15 Jan. 15 next year After Aug. 31 Jan. 15 next year (None)
*See January payment and Saturday, Sunday, holiday rule .
How much to pay to avoid penalty.
To determine how much you should pay by each payment due date, see How To Figure Each Payment .
Farmers and Fishermen
If at least two-thirds of your gross income for 2016 or 2017 is from farming or fishing, you have only one payment due date for your 2017 estimated tax, January 16, 2018. The due dates for the first three payment periods, discussed under When To Pay Estimated Tax do not apply to you.
If you file your 2017 Form 1040 by March 1, 2018, and pay all the tax you owe at that time, you do not need to make an estimated tax payment.
Fiscal year farmers and fishermen.
If you are a farmer or fisherman, but your tax year does not start on January 1, you can either:
Pay all your estimated tax by the 15th day after the end of your tax year, or
File your return and pay all the tax you owe by the 1st day of the 3rd month after the end of your tax year.
How To Figure Each Payment
After you have figured your total estimated tax, figure how much you must pay by the due date of each payment period. You should pay enough by each due date to avoid a penalty for that period. If you do not pay enough during any payment period, you may be charged a penalty even if you are due a refund when you file your tax return. The penalty is discussed in chapter 4.
Regular Installment Method
If your first estimated tax payment is due April 18, 2017, you can figure your required payment for each period by dividing your annual estimated tax due (line 16a of the 2017 Estimated Tax Worksheet (Worksheet 2-1)) by 4. Enter this amount on line 17. However, use this method only if your income is basically the same throughout the year.
Change in estimated tax.
After you make an estimated tax payment, changes in your income, adjustments, deductions, credits, or exemptions may make it necessary for you to refigure your estimated tax. Pay the unpaid balance of your amended estimated tax by the next payment due date after the change or in installments by that date and the due dates for the remaining payment periods.
If you do not receive your income evenly throughout the year, your required estimated tax payments may not be the same for each period. See Annualized Income Installment Method .
Amended estimated tax. If you refigure your estimated tax during the year, or if your first estimated tax payment is due after April 18, 2017, figure your required payment for each remaining payment period using Worksheet 2-14.
Example.
Early in 2017, Mira Roberts figures that her estimated tax due is $1,800. She makes estimated tax payments on April 18 and June 15 of $450 each ($1,800 ÷ 4).
On July 10, she sells investment property at a gain. Her refigured estimated tax is $4,100. Her required estimated tax payment for the third payment period is $2,175, as shown in her filled-in Worksheet 2-14.
If Mira's estimated tax does not change again, her required estimated tax payment for the fourth payment period will be $1,025.
Underpayment penalty.
The penalty is figured separately for each payment period. If you figure your payments using the regular installment method and later refigure your payments because of an increase in income, you may be charged a penalty for underpayment of estimated tax for the period(s) before you changed your payments. To see how you may be able to avoid or reduce this penalty, see Annualized Income Installment Method (Schedule AI) in chapter 4.
Worksheet 2-14. Amended Estimated Tax Worksheet—Illustrated
1. Amended total estimated tax due 1. $4,100 2. Multiply line 1 by: 50% (0.50) if next payment is due June 15, 2017 75% (0.75) if next payment is due September 15, 2017 100% (1.00) if next payment is due January 16, 2018 2. 3,075 3. Estimated tax payments for all previous periods 3. 900 4. Next required payment: Subtract line 3 from line 2 and enter the result (but not less than zero) here and on your payment voucher for your next required payment 4. $2,175 Note. If the payment on line 4 is due January 16, 2018, stop here. Otherwise, go to line 5. 5. Add lines 3 and 4 5. 3,075 6. Subtract line 5 from line 1 and enter the result (but not less than zero) 6. 1,025 7. Each following required payment: If the payment on line 4 is due June 15, 2017, enter one-half of the amount on line 6 here and on the payment vouchers for your payments due September 15, 2017, and January 16, 2018. If the amount on line 4 is due September 15, 2017, enter the amount from line 6 here and on the payment voucher for your payment due January 16, 2018 7. $1,025
Worksheet 2-14. Amended Estimated Tax Worksheet—Blank
1. Amended total estimated tax due 1. 2. Multiply line 1 by: 50% (0.50) if next payment is due June 15, 2017 75% (0.75) if next payment is due September 16, 2017 100% (1.00) if next payment is due January 16, 2018 2. 3. Estimated tax payments for all previous periods 3. 4. Next required payment: Subtract line 3 from line 2 and enter the result (but not less than zero) here and on your payment voucher for your next required payment 4. Note. If the payment on line 4 is due January 16, 2018, stop here. Otherwise, go to line 5. 5. Add lines 3 and 4 5. 6. Subtract line 5 from line 1 and enter the result (but not less than zero) 6. 7. Each following required payment: If the payment on line 4 is due June 15, 2017, enter one-half of the amount on line 6 here and on the payment vouchers for your payments due September 15, 2017, and January 16, 2018. If the amount on line 4 is due September 15, 2017, enter the amount from line 6 here and on the payment voucher for your payment due January 16, 2018 7.
Annualized Income Installment Method
If you do not receive your income evenly throughout the year (for example, your income from a repair shop you operate is much larger in the summer than it is during the rest of the year), your required estimated tax payment for one or more periods may be less than the amount figured using the regular installment method.
The annualized income installment method annualizes your tax at the end of each period based on a reasonable estimate of your income, deductions, and other items relating to events that occurred from the beginning of the tax year through the end of the period. To see whether you can pay less for any period, complete the 2017 Annualized Estimated Tax Worksheet (Worksheet 2-9).
You first must complete the 2017 Estimated Tax Worksheet (Worksheet 2-1) through line 16b.
Use the result you figure on line 32 of Worksheet 2-9 to make your estimated tax payments and complete your payment vouchers. Note.
If you use the annualized income installment method to figure your estimated tax payments, you must file Form 2210 with your 2017 tax return. See Annualized Income Installment Method (Schedule AI) in chapter 4 for more information.
Instructions for the 2017 Annualized Estimated Tax Worksheet (Worksheet 2-9)
Use Worksheet 2-9 to help you follow these instructions.
The purpose of this worksheet is to determine your estimated tax liability as your income accumulates throughout the year, rather than dividing your entire year's estimated tax liability by four as if your income was earned equally throughout the year. The top of the worksheet shows the dates for each payment period. The periods build; that is, each period includes all previous periods. After the end of each payment period, complete the corresponding worksheet column to figure the payment due for that period.
Line 1.
Enter your AGI for the period. This is your gross income for the period, including your share of partnership or S corporation income or loss, minus your adjustments to income for that period. See Expected AGI—Line 1 .
Self-employment income.
If you had self-employment income, first complete Section B of this worksheet. Use the amounts on line 43 when figuring your expected AGI to enter in each column of Section A, line 1. Line 4.
Be sure to consider all deduction limits figured on Schedule A (Form 1040), such as reducing your medical expenses by 10% or reducing certain miscellaneous deductions by 2% of your AGI. Figure your deduction limits using your expected AGI in the corresponding column of line 1 (2017 Annualized Estimated Tax Worksheet (Worksheet 2-9)).
Line 6.
Multiply line 4 by line 5 and enter the result on line 6 unless line 3 is more than $313,800 if married filing jointly or qualifying widow(er), $287,650 if head of household, $261,500 if single, or $156,900 if married filing separately. In that case, use Worksheet 2-10 to figure the amount to enter on line 6. Complete Worksheet 2–10 for each period, as necessary.
Line 7.
If you will not itemize your deductions, use Worksheet 2-4 to figure your standard deduction.
Line 10.
Multiply $4,050 by your total expected exemptions and enter the result on line 10 unless line 3 is more than $313,800 if married filing jointly or qualifying widow(er), $287,650 if head of household, $261,500 if single, or $156,900 if married filing separately.
In that case, use Worksheet 2-11 to figure the amount to enter on line 10.
Line 12.
Generally, you will use the Tax Rate Schedules to figure the tax on your annualized income. However, see below for situations where you must use a different method to compute your estimated tax.
Tax on child's investment income.
You must use a special method to figure tax on the income of the following children who have more than $2,100 of investment income.
Children under age 18 at the end of 2017.
The following children if their earned income is not more than half their support.
Children age 18 at the end of 2017.
Children who are full-time students at least age 19 but under age 24 at the end of 2017.
Tax on net capital gain.
The regular income tax rates for individuals do not apply to a net capital gain. Instead, your net capital gain is taxed at a lower maximum rate.
The term "net capital gain" means the amount by which your net long-term capital gain for the year is more than your net short-term capital loss.
Tax on qualified dividends and capital gains.
For 2017, your capital gain and dividends rate will depend on your income.
Tax on capital gain or qualified dividends. If the amount on line 1 includes a net capital gain or qualified dividends, use Worksheet 2-12 to figure the amount to enter on line 12.
Tax if excluding foreign earned income or excluding or deducting foreign housing. If you expect to claim the foreign earned income exclusion or the housing exclusion or deduction on Form 2555 or Form 2555-EZ, use Worksheet 2-13 to figure the amount to enter on line 12.
Line 13.
If you file Form 1040, add the tax from Forms 8814, 4972, and 6251 for the period. If you file Form 1040A, add the amount from the Alternative Minimum Tax Worksheet found in the instructions. Also include any recapture of an education credit for each period. You may owe this tax if you claimed an education credit in an earlier year and you received either tax-free educational assistance or a refund of qualifying expenses for the same student after filing your 2016 return.
Use the 2016 forms or worksheets to see if you will owe any of the taxes just discussed. Figure the tax based on your income and deductions during the period shown in the column headings. Multiply this amount by the annualization amounts shown for each column on line 2 of the 2017 Annualized Estimated Tax Worksheet (Worksheet 2-9). Enter the result on line 13 of this worksheet.
Line 15.
Include all the nonrefundable credits you expect to claim because of events that will occur during the period. Note.
When figuring your credits for each period, annualize any item of income or deduction to figure each credit. For example, if you need to use your AGI to figure a credit, use line 3 of Worksheet 2-9 to figure the credit for each column.
Line 18.
Add your expected other taxes.
Other taxes include the following.
Additional tax on early distributions from:
An IRA or other qualified retirement plan,
A tax-sheltered annuity, or
A modified endowment contract entered into after June 20, 1988.
Household employment taxes if:
You will have federal income tax withheld from wages, pensions, annuities, gambling winnings, or other income, or
You would be required to make estimated tax payments even if you did not include household employment taxes when figuring your estimated tax.
Amounts on Form 1040 written on the line for "other taxes" (line 62 on the 2016 Form 1040). But do not include recapture of a federal mortgage subsidy; tax on excess golden parachute payments; look-back interest due under section 167(g) or 460(b) of the Internal Revenue Code; excise tax on insider stock compensation from an expatriated corporation; uncollected social security, Medicare, or RRTA tax on tips or group-term life insurance.
Repayment of the first-time homebuyer credit if the home will cease to be your main home in 2017. See Form 5405 for exceptions.
Additional Medicare Tax. A 0.9% Additional Medicare Tax applies to your combined Medicare wages and self-employment income and/or your RRTA compensation that exceeds the amount listed in the following chart, based on your filing status.
Filing Status Threshold Amount Married filing jointly $250,000 Married filing separately $125,000 Single $200,000 Head of household $200,000 Qualifying Widow(er) $250,000
Medicare wages and self-employment income are combined to determine if your income exceeds the threshold. A self-employment loss should not be considered for purposes of this tax. RRTA compensation should be separately compared to the threshold.
Your employer is responsible for withholding the 0.9% Additional Medicare Tax on Medicare wages or RRTA compensation it pays you in excess of $200,000 in 2017. You should consider this withholding, if applicable, in determining whether you need to make an estimated payment.
Net Investment Income Tax (NIIT). The NIIT is 3.8% of the lesser of your net investment income or the excess of your modified adjusted gross income over a specified threshold amount. Threshold amounts:
Filing Status Threshold Amount Married filing jointly $250,000 Married filing separately $125,000 Single $200,000 Head of household $200,000 Qualifying Widow(er) $250,000
Line 20.
Include all the refundable credits (other than withholding credits) you can claim because of events that occurred during the period. These include the earned income credit, additional child tax credit, fuel tax credit, net premium tax credit, any refundable credit from Form 8885, and refundable American opportunity credit. Note.
When figuring your refundable credits for each period, annualize any item of income or deduction used to figure each credit.
Line 29.
If line 28 is smaller than line 25 and you are not certain of the estimate of your 2017 tax, you can avoid a penalty by entering the amount from line 25 on line 29.
Line 31.
For each period, include estimated tax payments made and any excess social security and railroad retirement tax.
Also include estimated federal income tax withholding. One-fourth of your estimated withholding is considered withheld on the due date of each payment period. To figure the amount to include on line 31 for each period, multiply your total expected withholding for 2017 by:
25% (0.25) for the first period,
50% (0.50) for the second period,
75% (0.75) for the third period, and
100% (1.00) for the fourth period.
However, you may choose to include your withholding according to the actual dates on which the amounts will be withheld. For each period, include withholding made from the beginning of the period up to and including the payment due date. You can make this choice separately for the taxes withheld from your wages and all other withholding. For an explanation of what to include in withholding, see Total Estimated Tax Payments Needed—Line 16a .
Nonresident aliens.
If you will file Form 1040NR and you do not receive wages as an employee subject to U.S. income tax withholding, the instructions for the worksheet are modified as follows.
Skip column (a).
On line 1, enter your income for the period that is effectively connected with a U.S. trade or business.
On line 21, increase your entry by the amount determined by multiplying your income for the period that is not effectively connected with a U.S. trade or business by the following.
72% for column (b).
45% for column (c).
30% for column (d).
However, if you can use a treaty rate lower than 30%, use the percentages determined by multiplying your treaty rate by 2.4, 1.5, and 1, respectively.
On line 26, enter one-half of the amount from line 16c of the Form 1040-ES (NR) 2017 Estimated Tax Worksheet in column (b), and one-fourth in columns (c) and (d) of Worksheet 2-9.
On lines 24 and 27, skip column (b).
On line 31, if you do not use the actual withholding method, include one-half of your total expected withholding in column (b) and one-fourth in columns (c) and (d).
Estimated Tax Payments Not Required
You do not have to pay estimated tax if your withholding in each payment period is at least as much as:
One-fourth of your required annual payment, or
Your required annualized income installment for that period.
You also do not have to pay estimated tax if you will pay enough through withholding to keep the amount you will owe with your return under $1,000.
How To Pay Estimated Tax
There are several ways to pay estimated tax.
Credit an overpayment on your 2016 return to your 2017 estimated tax.
Pay by direct transfer from your bank account, or pay by debit or credit card using a pay-by-phone system or the Internet.
Send in your payment (check or money order) with a payment voucher from Form 1040-ES.
Credit an Overpayment
If you show an overpayment of tax after completing your Form 1040 or Form 1040A for 2016, you can apply part or all of it to your estimated tax for 2017. On Form 1040, or Form 1040A, enter the amount you want credited to your estimated tax rather than refunded. Take the amount you have credited into account when figuring your estimated tax payments. If you timely file your 2016 return, treat the credit as a payment made on April 15, 2017.
If you are a beneficiary of an estate or trust, and the trustee elects to credit 2017 trust payments of estimated tax to you, you can treat the amount credited as paid by you on January 15, 2018.
If you choose to have an overpayment of tax credited to your estimated tax, you cannot have any of that amount refunded to you until you file your tax return for the following year. You also cannot use that overpayment in any other way.
Example.
When Kathleen finished filling out her 2016 tax return, she saw that she had overpaid her taxes by $750. Kathleen knew she would owe additional tax in 2017. She credited $600 of the overpayment to her 2017 estimated tax and had the remaining $150 refunded to her.
In September, she amended her 2016 return by filing Form 1040X, Amended U.S. Individual Income Tax Return. It turned out that she owed $250 more in tax than she had thought. This reduced her 2016 overpayment from $750 to $500. Because the $750 had already been applied to her 2017 estimated tax or refunded to her, the IRS billed her for the additional $250 she owed, plus penalties and interest. Kathleen could not use any of the $600 she had credited to her 2017 estimated tax to pay this bill.
Pay Online
IRS offers an electronic payment option that is right for you. Paying online is convenient and secure and helps make sure we get your payments on time. To pay your taxes online or for more information, go to IRS.gov/payments. You can pay using any of the following methods.
IRS Direct Pay for online transfers directly from your checking or savings account at no cost to you, go to IRS.gov/payments.
Pay by Card. To pay by debit or credit card, go to IRS.gov/payments. There is a convenience fee charged by these service providers.
Electronic Fund Withdrawal (EFW) is an integrated e-file/e-pay option offered when filing your federal taxes electronically using tax preparation software, through a tax professional, or the IRS at IRS.gov/payments.
Online Payment Agreement. If you cannot pay in full by the due date of your tax return, you can apply for an online monthly installment agreement at IRS.gov/payments. Once you complete the online process, you will receive immediate notification of whether your agreement has been approved. A user fee is charged.
IRS2Go is the mobile application of the IRS; you can access Direct Pay or Pay By Card by downloading the application.
Pay by Phone
Paying by phone is another safe and secure method of paying electronically. Use one of the following methods (1) call one of the debit or credit card service providers or (2) use the Electronic Federal Tax Payment System (EFTPS).
Debit or credit card.
Call one of our service providers. Each charges a fee that varies by provider, card type, and payment amount. WorldPay US, Inc. 1-844-PAY-TAX-8TM (1-844-729-8298)
Official Payments Corporation 1-888-UPAY-TAXTM (1-888-872-9829)
Link2GOV Corporation 1-888-PAY-1040TM (1-888-729-1040)
EFTPS.
To use EFTPS, you must be enrolled either online or have an enrollment form mailed to you. To make a payment using EFTPS, call 1-800-555-4477 (English) or 1-800-244-4829 (Español). People who are deaf, hard of hearing, or have a speech disability and who have access to TTY/TDD equipment can call 1-800-733-4829. For more information about EFTPS, go to IRS.gov/payments or www.eftps.gov.
For the latest details on how to pay by phone, go to IRS.gov/payments.
Pay by Mobile Device
To pay through your mobile device, download the IRS2Go application.
Pay by Cash
Cash is a new in-person payment option for individuals provided through retail partners with a maximum of $1,000 per day per transaction. To make a cash payment you must first be registered online at www.officialpayments.com/fed, our Official Payment provider.
Pay by Check or Money Order Using the Estimated Tax Payment Voucher
Before submitting a payment through the mail, please consider alternative methods. One of our safe, quick and easy electronic payment options might be right for you. Each payment of estimated tax by check or money order must be accompanied by a payment voucher from Form 1040-ES. If you use your own envelopes (and not the window envelope that comes with the 1040-ES package), make sure you mail your payment vouchers to the address shown in the Form 1040-ES instructions for the place where you live.
Do not use the address shown in the Form 1040 or Form 1040A instructions.
If you did not pay estimated tax last year, get a copy of Form 1040-ES from the IRS (see chapter 5). Follow the instructions to make sure you use the vouchers correctly.
Joint estimated tax payments.
If you file a joint return and are making joint estimated tax payments, enter the names and social security numbers on the payment voucher in the same order as they will appear on the joint return.
Change of address.
You must notify the IRS if you are making estimated tax payments and you changed your address during the year. Complete Form 8822, Change of Address, and mail it to the address shown in the instructions for that form.
Withholding
If you had income tax withheld during 2016, you generally should be sent a statement by January 31, 2017, showing your income and the tax withheld. Depending on the source of your income, you will receive:
Form W-2, Wage and Tax Statement,
Form W-2G, Certain Gambling Winnings, or
A form in the 1099 series.
Form W-2
Your employer is required to provide or send Form W-2 to you no later than January 31, 2017. You should receive a separate Form W-2 from each employer you worked for.
If you stopped working before the end of 2016, your employer could have given you your Form W-2 at any time after you stopped working. However, your employer must provide or send it to you by January 31, 2017.
If you ask for the form, your employer must send it to you within 30 days after receiving your written request or within 30 days after your final wage payment, whichever is later.
If you have not received your Form W-2 by January 31, contact your employer or payer to request a copy. If you still do not get the form by February 15, the IRS can help you by requesting the form from your employer. The phone number for the IRS is listed in chapter 5. You will be asked for the following information.
Your name, address, city and state, zip code, and social security number.
Your employer's name, address, city, state, zip code, and the employer's identification number (if known).
An estimate of the wages you earned, the federal income tax withheld, and the period you worked for that employer. The estimate should be based on year-to-date information from your final pay stub or leave-and-earnings statement, if possible.
Form W-2 shows your total pay and other compensation and the income tax, social security tax, and Medicare tax that was withheld during the year. Total the federal income tax withheld (shown in box 2 of all Forms W-2 received) and enter that amount on the appropriate line of your tax return.
In addition, Form W-2 is used to report any taxable sick pay you received and any income tax withheld from your sick pay. Your sick pay may be combined with other wages in one Form W-2 or you may receive a separate Form W-2 for sick pay.
If you file a paper tax return, attach Copy B of Form W-2 to your return.
Form W-2G
If you had gambling winnings in 2016, the payer may have withheld income tax. If tax was withheld, the payer will give you a Form W-2G showing the amount you won and the amount of tax withheld.
Report the amounts you won on line 21 of Form 1040. Take credit for the tax withheld on line 64 of Form 1040. If you had gambling winnings, you must use Form 1040; you cannot use Form 1040A or Form 1040EZ.
Gambling losses can be deducted on Schedule A (Form 1040) as a miscellaneous itemized deduction. However, you cannot deduct more than the gambling winnings you report on Form 1040.
File Form W-2G with your income tax return only if it shows any federal income tax withheld in box 4.
The 1099 Series
Most forms in the 1099 series are not filed with your return. In general, these forms should be furnished to you by January 31, 2017. Unless instructed to file any of these forms with your return, keep them for your records.
There are several different forms in this series, including:
Form 1099-B, Proceeds From Broker and Barter Exchange Transactions;
Form 1099-C, Cancellation of Debt;
Form 1099-DIV, Dividends and Distributions;
Form 1099-G, Certain Government Payments;
Form 1099-INT, Interest Income;
Form 1099-K, Payment Card and Third-Party Network Transactions;
Form 1099-MISC, Miscellaneous Income;
Form 1099-OID, Original Issue Discount;
Form 1099-PATR, Taxable Distributions Received From Cooperatives;
Form 1099-Q, Payments From Qualified Education Programs (Under Sections 529 and 530);
Form 1099-R, Distributions From Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc.;
Form SSA-1099, Social Security Benefit Statement; and
Form RRB-1099, Payments by the Railroad Retirement Board.
If you received the types of income reported on some forms in the 1099 series, you may not be able to use Form 1040A or Form 1040EZ. See the instructions to these forms for details.
Reporting your withholding.
Report on your tax return all federal income tax withholding shown on your Form 1099, Form SSA-1099, and/or Form RRB-1099. Include the amount withheld in the total on line 64 of Form 1040, line 40 of Form 1040A, or line 7 of Form 1040EZ.
Form 1099-R.
Attach Form 1099-R to your paper return if federal income tax withholding is shown in box 4. Do not attach any other Form 1099.
Form Not Correct
If you receive a form with incorrect information, you should ask the payer for a corrected form. Call the telephone number or write to the address given for the payer on the form. The corrected Form W-2G or Form 1099 you receive will have an "X" in the "CORRECTED" box at the top of the form. A special form, Form W-2c, Corrected Wage and Tax Statement, is used to correct a Form W-2.
In certain situations, you will receive two forms in place of the original incorrect form. This will happen when your taxpayer identification number is wrong or missing, your name and address are wrong, or you received the wrong type of form (for example, a Form 1099-DIV instead of a Form 1099-INT). One new form you receive will be the same incorrect form or have the same incorrect information, but all money amounts will be zero. This form will have an "X" in the "CORRECTED" box at the top of the form. The second new form should have all the correct information, prepared as though it is the original (the "CORRECTED" box will not be checked).
Form Received After Filing
If you file your return and you later receive a form for income that you did not include on your return, report the income and take credit for any income tax withheld by filing Form 1040X, Amended U.S. Individual Income Tax Return.
Separate Returns
If you are married but file a separate return, you can take credit only for the tax withheld from your own income. Do not include any amount withheld from your spouse's income. However, different rules may apply if you live in a community property state.
Community property states.
The following are community property states.
Arizona.
California.
Idaho.
Louisiana.
Nevada.
New Mexico.
Texas.
Washington.
Wisconsin.
Generally, if you live in a community property state and file a separate return, you and your spouse each must report half of all community income in addition to your own separate income. If you are required to report half of all community income, you are entitled to take credit for half of all taxes withheld on the community income. If you were divorced during the year, each of you generally must report half the community income and can take credit for half the withholding on that community income for the period before the divorce.
For more information on these rules, and some exceptions, see Pub. 555, Community Property.
Fiscal Years (FY)
If you file your tax return on the basis of a fiscal year (a 12-month period ending on the last day of any month except December), you must follow special rules, described next, to determine your credit for federal income tax withholding.
Fiscal year withholding.
You can claim credit on your tax return only for the tax withheld during the calendar year (CY) ending within your fiscal year. You cannot claim credit for any of the tax withheld during the calendar year beginning in your fiscal year. You will be able to claim credit for that withholding on your return for your next fiscal year.
The Form W-2 or 1099 you receive for the calendar year that ends during your fiscal year will show the tax withheld and the income you received during that calendar year.
Although you take credit for all the withheld tax shown on the form, report only the part of the income shown on the form that you received during your fiscal year. Add to that the income you received during the rest of your fiscal year.
Example.
Miles Hanson files his return for a fiscal year ending June 30, 2016. In January 2016, he received a Form W-2 that showed that his wages for 2015 were $31,200 and that his income tax withheld was $3,328. His records show that he had received $15,000 of the wages by June 30, 2015, and $16,200 from July 1 through December 31, 2015. See Table 3-1.
On his return for the fiscal year ending June 30, 2016, Miles will report the $16,200 he was paid in July through December of 2015, plus the $18,850 he was paid during the rest of the fiscal year, January 1, 2016, through June 30, 2016. However, he takes credit for all $3,328 that was withheld during 2015.
On his return for the fiscal year ending June 30, 2015, he reported the $15,000 he was paid in January through June 2015, but took no credit for the tax withheld during that time. On his return for the fiscal year ending June 30, 2017, he will take the credit for any tax withheld during 2016 but not for any tax withheld during 2017.
Backup withholding.
If income tax has been withheld under the backup withholding rule, take credit for it on your tax return for the fiscal year in which you received the income.
Example.
Emily Smith's records show that she received income in November 2016 and February 2017 from which there was backup withholding ($100 and $50, respectively). Emily takes credit for the entire $150 of backup withholding on her tax return for the fiscal year ending September 30, 2017.
Estimated Tax
Take credit for all your estimated tax payments for 2016 on line 65 of Form 1040 or line 41 of Form 1040A. Include any overpayment from 2015 that you had credited to your 2016 estimated tax. You must use Form 1040 or Form 1040A if you paid estimated tax. You cannot file Form 1040EZ.
If you were a beneficiary of an estate or trust, you should receive a Schedule K-1 (Form 1041), Beneficiary's Share of Income, Deductions, Credits, etc., from the fiduciary. If you have estimated taxes credited to you from the estate or trust (from Schedule K-1 (Form 1041)), you must report the estimated taxes on Schedule E (Form 1040). On the dotted line next to the entry space for line 37 of Schedule E (Form 1040), enter "ES payment claimed" and the amount. However, do not include this amount in the total on line 37. Instead, enter the amount on Form 1040, line 65. This estimated tax payment for 2016 is treated as being made by you on January 15, 2017.
Name changed.
If you changed your name, and you made estimated tax payments using your former name, attach a statement to the front of your paper tax return indicating:
When you made the payments,
The amount of each payment,
Your name when you made the payments, and
The social security number under which you made the payments.
The statement should cover payments you made jointly with your spouse as well as any you made separately.
Be sure to report the change to your local Social Security Administration office before filing your 2017 tax return. This prevents delays in processing your return and issuing refunds. It also safeguards your future social security benefits. For more information, call the Social Security Administration at 1-800-772-1213.
Separate Returns
If you and your spouse made separate estimated tax payments for 2016 and you file separate returns, you can take credit only for your own payments.
If you made joint estimated tax payments, you must decide how to divide the payments between your returns. One of you can claim all of the estimated tax paid and the other none, or you can divide it in any other way you agree on. If you cannot agree, you must divide the payments in proportion to each spouse's individual tax as shown on your separate returns for 2016.
Example.
James and Evelyn Brown made joint estimated tax payments for 2016 totaling $3,000. They file separate 2016 Forms 1040. James' tax is $4,000 and Evelyn's is $1,000. If they do not agree on how to divide the $3,000, they must divide it proportionately between their returns. Because James' tax ($4,000) is 80% of the total tax ($5,000), his share of the estimated tax is $2,400 (80% of $3,000). The balance, $600 (20% of $3,000), is Evelyn's share.
Divorced Taxpayers
If you made joint estimated tax payments for 2016 and you were divorced during the year, either you or your former spouse can claim all of the joint payments, or you each can claim part of them. If you cannot agree on how to divide the payments, you must divide them in proportion to each spouse's individual tax as shown on your separate returns for 2016. See Example under Separate Returns.
If you claim any of the joint payments on your tax return, enter your former spouse's social security number (SSN) in the space provided at the top of page 1 of Form 1040 or Form 1040A. If you divorced and remarried in 2016, enter your present spouse's SSN in that space. Enter your former spouse's SSN, followed by "DIV," under Payments to the left of Form 1040, line 65, or in the blank space to the left of Form 1040A, line 41.
Excess Social Security or Railroad Retirement Tax Withholding
Most employers must withhold social security tax from your wages. In some cases, however, the federal government and state and local governments do not have to withhold social security tax from their employees' wages. If you work for a railroad employer, that employer must withhold tier 1 railroad retirement (RRTA) tax and tier 2 RRTA tax.
Two or more employers.
If you worked for two or more employers in 2016, too much social security tax or tier 1 RRTA tax may have been withheld from your pay. You may be able to claim the excess as a credit against your income tax when you file your return. Table 3-2 shows the maximum amount that should have been withheld for any of these taxes for 2016. Figure the excess withholding on the appropriate worksheet.
Joint returns.
If you are filing a joint return, you and your spouse must figure any excess social security or tier 1 RRTA separately. Note.
All wages are subject to Medicare tax withholding.
Employer's error.
If you had only one employer and he or she withheld too much social security, Medicare, or tier 1 RRTA tax, ask the employer to refund the excess amount to you. If the employer refuses to refund the overcollection, ask for a statement indicating the amount of the overcollection to support your claim. File a claim for refund using Form 843, Claim for Refund and Request for Abatement.
Worksheet for Nonrailroad Employees
If you did not work for a railroad during 2016, figure the excess social security withholding on Worksheet 3-1. Note.
If you worked for both a railroad employer and a nonrailroad employer, use Worksheet 3-2, to figure excess social security and tier 1 RRTA tax.
Where to claim credit for excess social security withholding.
If you file Form 1040, enter the excess on line 71.
If you file Form 1040A, include the excess in the total on line 46. Write "Excess SST" and show the amount of the credit in the space to the left of the line.
You cannot claim excess social security tax withholding on Form 1040EZ.
Worksheets for Railroad Employees
If you worked for a railroad during 2016, figure your excess withholding on Worksheet 3-2 and 3-3, as appropriate.
Where to claim credit for excess tier 1 RRTA withholding.
If you file Form 1040, enter the excess on line 71.
If you file Form 1040A, include the excess in the total on line 46. Write "Excess SST" and show the amount of the credit in the space to the left of the line.
You cannot claim excess tier 1 RRTA withholding on Form 1040EZ.
How to claim refund of excess tier 2 RRTA.
To claim a refund of tier 2 tax, use Form 843. Be sure to attach a copy of all of your Forms W-2.
4. Underpayment Penalty for 2016
Introduction
If you did not pay enough tax, either through withholding or by making timely estimated tax payments, you will have underpaid your estimated tax and may have to pay a penalty.
You may understand this chapter better if you can refer to a copy of your latest federal income tax return.
No penalty.
Generally, you will not have to pay a penalty for 2016 if any of the following apply.
The total of your withholding and timely estimated tax payments was at least as much as your 2015 tax. (See Special rules for certain individuals for higher income taxpayers and farmers and fishermen.)
The tax balance due on your 2016 return is no more than 10% of your total 2016 tax, and you paid all required estimated tax payments on time.
Your total tax for 2016 minus your withholding is less than $1,000.
You did not have a tax liability for 2015.
You did not have any withholding taxes and your current year tax (less any household employment taxes) is less than $1,000.
IRS can figure the penalty for you.
If you think you owe the penalty, but you do not want to figure it yourself when you file your tax return, you may not have to. Generally, the IRS will figure the penalty for you and send you a bill.
You only need to figure your penalty in the following three situations.
You are requesting a waiver of part, but not all, of the penalty.
You are using the annualized income installment method to figure the penalty.
You are treating the federal income tax withheld from your income as paid on the dates actually withheld.
However, if these situations do not apply to you, and you think you can lower or eliminate your penalty, complete Form 2210 or Form 2210-F and attach it to your return. See Form 2210 .
Topics - This chapter discusses:
The general rule for the underpayment penalty,
Special rules for certain individuals,
Exceptions to the underpayment penalty,
How to figure your underpayment and the amount of your penalty on Form 2210, and
How to ask the IRS to waive the penalty.
Useful Items - You may want to see:
Form (and Instructions)
2210 Underpayment of Estimated Tax by Individuals, Estates, and Trusts
2210-F Underpayment of Estimated Tax by Farmers and Fishermen
See chapter 5 for information about getting these forms.
General Rule
In general, you may owe a penalty for 2016 if the total of your withholding and timely estimated tax payments did not equal at least the smaller of:
90% of your 2016 tax, or
100% of your 2015 tax. (Your 2015 tax return must cover a 12-month period.)
Your 2016 tax, for this purpose, is defined under Total tax for 2016 .
Special rules for certain individuals.
There are special rules for farmers and fishermen and certain higher income taxpayers.
Farmers and fishermen.
If at least two-thirds of your gross income for 2015 or 2016 is from farming or fishing, substitute 662/3% for 90% in (1) above.
See Farmers and Fishermen .
Higher income taxpayers.
If your AGI for 2015 was more than $150,000 ($75,000 if your 2016 filing status is married filing a separate return), substitute 110% for 100% in (2) under General Rule . This rule does not apply to farmers or fishermen.
For 2015, AGI is the amount shown on Form 1040, line 37; Form 1040A, line 21; and Form 1040EZ, line 4.
Penalty figured separately for each period.
Because the penalty is figured separately for each payment period, you may owe a penalty for an earlier payment period even if you later paid enough to make up the underpayment. This is true even if you are due a refund when you file your income tax return.
Example.
You did not make estimated tax payments for 2016 because you thought you had enough tax withheld from your wages. Early in January 2017, you made an estimate of your total 2016 tax. Then you realized that your withholding was $2,000 less than the amount needed to avoid a penalty for underpayment of estimated tax.
On January 10, you made an estimated tax payment of $3,000, which is the difference between your withholding and your estimate of your total tax. Your final return shows your total tax to be $50 less than your estimate, so you are due a refund.
You do not owe a penalty for your payment due January 17, 2017. However, you may owe a penalty through January 10, 2017, the day you made the $3,000 payment, for your underpayments for the earlier payment periods.
Minimum required each period.
You will owe a penalty for any 2016 payment period for which your estimated tax payment plus your withholding for the period and overpayments applied from previous periods was less than the smaller of:
22.5% of your 2016 tax, or
25% of your 2015 tax. (Your 2015 tax return must cover a 12-month period.)
Minimum required for higher income taxpayers.
If you are subject to the rule for higher income taxpayers, discussed above, substitute 27.5% for 25% in (2) under General Rule .
When penalty is charged.
If you miss a payment or you paid less than the minimum required in a period, you may be charged an underpayment penalty from the date the amount was due to the date the payment is made. If a payment is mailed, the date of the U.S. postmark is considered the date of payment.
If a payment is made electronically, the date the payment is shown on your payment account (checking, savings, etc.) is considered to be the date of payment.
Estate or trust payments of estimated tax.
If you have estimated taxes credited to you from an estate or trust (Schedule K-1 (Form 1041)), treat the payment as made by you on January 15, 2017.
Amended returns.
If you file an amended return by the due date of your original return, use the tax shown on your amended return to figure your required estimated tax payments. If you file an amended return after the due date of the original return, use the tax shown on the original return.
However, if you and your spouse file a joint return after the due date to replace separate returns you originally filed by the due date, use the tax shown on the joint return to figure your required estimated tax payments. This rule applies only if both original separate returns were filed on time.
2015 separate returns and 2016 joint return.
If you file a joint return with your spouse for 2016, but you filed separate returns for 2015, your 2015 tax is the total of the tax shown on your separate returns. You filed a separate return if you filed as single, head of household, or married filing separately.
2015 joint return and 2016 separate returns.
If you file a separate return for 2016, but you filed a joint return with your spouse for 2015, your 2015 tax is your share of the tax on the joint return. You are filing a separate return if you file as single, head of household, or married filing separately.
To figure your share of the taxes on a joint return, first figure the tax both you and your spouse would have paid had you filed separate returns for 2015 using the same filing status as for 2016. Then multiply the tax on the joint return by the following fraction. The tax you would have paid had you filed a separate return The total tax you and your spouse would have paid had you filed separate returns
Example.
Lisa and Paul filed a joint return for 2015 showing taxable income of $49,000 and a tax of $6,446. Of the $49,000 taxable income, $41,000 was Lisa's and the rest was Paul's. For 2016, they file married filing separately. Lisa figures her share of the tax on the 2015 joint return as follows. 2015 tax on $41,000 based on a separate return $ 6,113 2015 tax on $8,000 based on a separate return 803 Total $ 6,916 Lisa's percentage of total tax ($6,116 ÷ $6,916) 88.39% Lisa's part of tax on joint return ($6,446 × 88.39% (0.8839)) $ 5,698
Form 2210.
In most cases, you do not need to file Form 2210. The IRS will figure the penalty for you and send you a bill. If you want us to figure the penalty for you, leave the penalty line on your return blank. Do not file Form 2210.
To determine if you should file Form 2210, see Part II of Form 2210. If you decide to figure your penalty, complete Part I, Part II, and either Part III or Part IV of the form and the Penalty Worksheet in the Instructions for Form 2210. If you use Form 2210, you cannot file Form 1040EZ.
On Form 1040, enter the amount of your penalty on line 79. If you owe tax on line 78, add the penalty to your tax due and show your total payment on line 78. If you are due a refund, subtract the penalty from the overpayment and enter the result on line 75.
On Form 1040A, enter the amount of your penalty on line 51. If you owe tax on line 50, add the penalty to your tax due and show your total payment on line 50. If you are due a refund, subtract the penalty from the overpayment and enter the result on line 47.
Lowering or eliminating the penalty.
You may be able to lower or eliminate your penalty if you file Form 2210. You must file Form 2210 with your return if any of the following applies.
You request a waiver. See Waiver of Penalty .
You use the annualized income installment method. See the explanation of this method under Annualized Income Installment Method (Schedule AI) .
You use your actual withholding for each payment period for estimated tax purposes. See Actual withholding method under Figuring Your Underpayment (Part IV, Section A).
You base any of your required installments on the tax shown on your 2015 return and you filed or are filing a joint return for either 2015 or 2016, but not for both years.
Exceptions
Generally, you do not have to pay an underpayment penalty if either:
Your total tax is less than $1,000, or
You had no tax liability last year.
Less Than $1,000 Due
You do not owe a penalty if the total tax shown on your return minus the amount you paid through withholding (including excess social security and tier 1 railroad retirement (RRTA) tax withholding) is less than $1,000.
Total tax for 2016.
For 2016, your total tax on Form 1040 is the amount on line 63 reduced by the following.
Unreported social security and Medicare tax or RRTA tax from Forms 4137 or 8919 (line 58).
Any tax included on line 59 for excess contributions to an IRA, Archer MSA, Coverdell education savings account, health savings account, and ABLE account or any tax on excess accumulations in qualified retirement plans.
The following write-ins on line 62:
Uncollected social security and Medicare tax or RRTA tax on tips or group-term life insurance,
Tax on excess golden parachute payments,
Excise tax on insider stock compensation from an expatriated corporation,
Look-back interest due under section 167(g),
Look-back interest due under section 460(b), and
Recapture of federal mortgage subsidy.
Any shared responsibility payment on line 61.
Any refundable credit amounts listed on lines 66a, 67, 68, 69, 72, and any credit from Form 8885 included on line 73.
Note.
When figuring the amount on line 62, include household employment taxes only if you had federal income tax withheld from your income or you would owe the penalty even if you did not include those taxes.
If you filed Form 1040A, your 2016 total tax is the amount on line 39 reduced by the amount on line 38, and any refundable credits on lines 42a, 43, 44, and 45.
If you filed Form 1040EZ, your 2016 total tax is the amount on line 12 reduced by the amount on line 8a and 11.
Paid through withholding.
For 2016, the amount you paid through withholding on Form 1040 is the amount on line 64 plus any excess social security or tier 1 RRTA tax withholding on line 71. Add to that any write-in amount on line 74 identified as "Form 8689." On Form 1040A, the amount you paid through withholding is the amount on line 40 plus any excess social security or tier 1 RRTA tax withholding included on line 46. On Form 1040EZ, it is the amount on line 7.
No Tax Liability Last Year
You do not owe a penalty if you had no tax liability last year and you were a U.S. citizen or resident for the whole year. For this rule to apply, your tax year must have included all 12 months of the year.
You had no tax liability for 2015 if your total tax was zero or you were not required to file an income tax return.
Example.
Ray, who is single and 22 years old, was unemployed for a few months during 2015. He earned $6,700 in wages before he was laid off, and he received $1,400 in unemployment compensation afterwards. He had no other income. Even though he had gross income of $8,100, he did not have to pay income tax because his gross income was less than the filing requirement for a single person under age 65 ($10,300 for 2015). He filed a return only to have his withheld income tax refunded to him.
In 2016, Ray began regular work as an independent contractor. Ray made no estimated tax payments in 2016. Even though he did owe tax at the end of the year, Ray does not owe the underpayment penalty for 2016 because he had no tax liability in 2015.
Total tax for 2015.
For 2015, your total tax on Form 1040 is the amount on line 63 reduced by the following.
Unreported social security and Medicare tax or RRTA tax from Forms 4137 or 8919 (line 58).
Any tax included on line 59 for excess contributions to IRAs, Archer MSAs, Coverdell education savings accounts, and health savings accounts, or any tax on excess accumulations in qualified retirement plans.
The following write-ins on line 62:
Uncollected social security and Medicare tax or RRTA tax on tips or group-term life insurance,
Tax on excess golden parachute payments,
Excise tax on insider stock compensation from an expatriated corporation,
Look-back interest due under section 167(g),
Look-back interest due under section 460(b),
Recapture of federal mortgage subsidy, and
Any refundable credit amounts listed on lines 66a, 67, 68, 69, and 72.
If you filed Form 1040A, your 2015 total tax is the amount on line 39 reduced by any refundable credits on lines 42a, 43, 44 and 45.
If you filed Form 1040EZ, your 2015 total tax is the amount on line 12 reduced by the amount on line 8a and 11.
Figuring Your Required Annual Payment (Part I)
Figure your required annual payment in Part I of Form 2210, following the line-by-line instructions. If you rounded the entries on your tax return to whole dollars, you can round on Form 2210.
Example.
The tax on Lori Lane's 2015 return was $12,400. Her AGI was not more than $150,000 for either 2015 or 2016. The tax on her 2016 return (Form 1040, line 56) is $13,044. Line 57 (self-employment tax) is $8,902. Her 2016 total tax is $21,946.
For 2016, Lori had $1,600 income tax withheld and made four equal estimated tax payments ($1,000 each). 90% of her 2016 tax is $19,751. Because she paid less than her 2015 tax ($12,400) and less than 90% of her 2016 tax ($19,751), and does not meet an exception, Lori knows that she owes a penalty for underpayment of estimated tax. The IRS will figure the penalty for Lori, but she decides to figure it herself on Form 2210 and pay it with her taxes when she files her tax return.
Lori's required annual payment is $12,400 (100% of 2015 tax) because that is smaller than 90% of her 2016 tax.
Different 2015 filing status.
If you file a separate return for 2016, but you filed a joint return with your spouse for 2015, see 2015 joint return and 2016 separate returns to figure the amount to enter as your 2015 tax on line 8 of Form 2210.
Short Method for Figuring the Penalty (Part III)
You may be able to use the short method in Part III of Form 2210 to figure your penalty for underpayment of estimated tax. If you qualify to use this method, it will result in the same penalty amount as the regular method. However, either the annualized income installment method or the actual withholding method, explained later, may result in a smaller penalty.
You can use the short method only if you meet one of the following requirements.
You made no estimated tax payments for 2016 (it does not matter whether you had income tax withholding).
You paid the same amount of estimated tax on each of the four payment due dates.
If you do not meet either requirement, figure your penalty using the regular method in Part IV of Form 2210 and the Penalty Worksheet in the instructions. Note.
If any payment was made before the due date, you can use the short method, but the penalty may be less if you use the regular method. However, if the payment was only a few days early, the difference is likely to be small.
You cannot use the short method if any of the following apply.
You made any estimated tax payments late.
You checked box C or D in Part II of Form 2210.
You are filing Form 1040NR or 1040NR-EZ and you did not receive wages as an employee subject to U.S. income tax withholding.
If you use the short method, you cannot use the annualized income installment method to figure your underpayment for each payment period. Also, you cannot use your actual withholding during each period to figure your payments for each period. These methods, which may give you a smaller penalty amount, are explained under Figuring Your Underpayment (Part IV, Section A).
Complete Part III of Form 2210 following the line-by-line instructions in the Instructions for Form 2210.
Regular Method for Figuring the Penalty (Part IV)
You can use the regular method in Part IV of Form 2210 to figure your penalty for underpayment of estimated tax if you paid one or more estimated tax payments earlier than the due date.
You must use the regular method in Part IV of Form 2210 to figure your penalty for underpayment of estimated tax if any of the following apply to you.
You paid one or more estimated tax payments on a date after the due date.
You paid at least one, but less than four, installments of estimated tax.
You paid estimated tax payments in un- equal amounts.
You use the annualized income installment method to figure your underpayment for each payment period.
You use your actual withholding during each payment period to figure your payments.
Under the regular method, figure your underpayment for each payment period in Section A, then figure your penalty using the Penalty Worksheet in the Instructions for Form 2210. Enter the results on line 27 of Section B.
Figuring Your Underpayment (Part IV, Section A)
Figure your underpayment of estimated tax for each payment period in Section A following the line-by-line instructions in the Instructions for Form 2210. Complete lines 20 through 26 of the first column before going to line 20 of the next column.
Required installments—line 18.
Your required payment for each payment period (line 18) is usually one-fourth of your required annual payment (Part I, line 9). This method—the regular method—is the one to use if you received your income evenly throughout the year.
However, if you did not receive your income evenly throughout the year, you may be able to lower or eliminate your penalty by figuring your underpayment using the annualized income installment method. First complete Schedule AI (Form 2210), then enter the amounts from line 25 of that schedule on line 18 of Form 2210, Part IV. See Annualized Income Installment Method (Schedule AI).
Payments made—line 19.
Enter in each column the total of:
Your estimated tax paid after the due date for the previous column and by the due date shown at the top of the column, and
One-fourth of your withholding.
For special rules for figuring your payments, see Form 2210 instructions for line 19.
If you file Form 1040, your withholding is the amount on line 64, plus any excess social security or tier 1 RRTA tax withholding on line 71. If you file Form 1040A, your withholding is the amount on line 41 plus any excess social security or tier 1 RRTA tax withholding included in line 46.
Actual withholding method.
Instead of using one-fourth of your withholding for each quarter, you can choose to use the amounts actually withheld by each due date. You can make this choice separately for the tax withheld from your wages and for all other withholding. This includes any excess social security and tier 1 RRTA tax withheld.
Using your actual withholding may result in a smaller penalty if most of your withholding occurred early in the year.
If you use your actual withholding, you must check box D in Form 2210, Part II. Then complete Form 2210 using the regular method (Part IV) and file it with your return.
Worksheet for Form 2210, Part IV, Section B—Figuring the Penalty
Figure the amount of your penalty for Section B using the Penalty Worksheet in the Instructions for Form 2210. The penalty is imposed on each underpayment amount shown on Form 2210, Section A, line 25, for the number of days that it remained unpaid.
For 2016, a 4% rate applies for the following periods — April 16 through June 30, July 1 through September 30, October 1 through December 31, and January 1, 2017 through April 15, 2017.
Payments.
Before completing the Penalty Worksheet, it may be helpful to make a list of the payments you made and income tax withheld after the due date (or the last day payments could be made on time) for the earliest payment period an underpayment occurred. For example, if you had an underpayment for the first payment period, list your payments after April 15, 2016. You can use the table in the Instructions for Form 2210 to make your list. Follow those instructions for listing income tax withheld and payments made with your return. Use the list to determine when each underpayment was paid.
If you mail your estimated tax payments, use the date of the U.S. postmark as the date of payment.
Line 1b.
Apply the payments listed to underpayment balance in the first column until it is fully paid. Apply payments in the order made.
Figuring the penalty.
If an underpayment was paid in two or more payments on different dates, you must figure the penalty separately for each payment. On line 3 of the Penalty Worksheet, enter the number of days between the due date (line 2) and the date of each payment on line 1b. On line 4, figure the penalty for the amount of each payment applied on line 1b or the amount remaining unpaid. If no payments are applied, figure the penalty on the amount on line 1a.
Aid for counting days.
Table 4-1 provides a simple method for counting the number of days between a due date and a payment date.
Find the number for the date the payment was due by going across to the column of the month the payment was due and moving down the column to the due date.
In the same manner, find the number for the date the payment was made.
Subtract the due date "number" from the payment date "number."
For example, if a payment was due on June 15 (61), but was not paid until September 1 (139), the payment was 78 (139 – 61) days late.
Table 4-1. Calendar To Determine the Number of Days a Payment Is Late
Instructions. Use this table with Form 2210 if you are completing Part IV, Section B. First, find the number for the payment due date by going across to the column of the month the payment was due and moving down the column to the due date. Then, in the same manner, find the number for the date the payment was made. Finally, subtract the due date number from the payment date number. The result is the number of days the payment is late.
Example. The payment due date is June 15 (61). The payment was made on November 4 (203). The payment is 142 days late (203 – 61).
Tax Year 2016 Day of 2016 2016 2016 2016 2016 2016 2016 2016 2016 2017 2017 2017 2017 Month April May June July Aug. Sept. Oct. Nov. Dec. Jan. Feb. Mar. Apr. 1 16 47 77 108 139 169 200 230 261 292 320 351 2 17 48 78 109 140 170 201 231 262 293 321 352 3 18 49 79 110 141 171 202 232 263 294 322 353 4 19 50 80 111 142 172 203 233 264 295 323 354 5 20 51 81 112 143 173 204 234 265 296 324 355 6 21 52 82 113 144 174 205 235 266 297 325 356 7 22 53 83 114 145 175 206 236 267 298 326 357 8 23 54 84 115 146 176 207 237 268 299 327 358 9 24 55 85 116 147 177 208 238 269 300 328 359 10 25 56 86 117 148 178 209 239 270 301 329 360 11 26 57 87 118 149 179 210 240 271 302 330 361 12 27 58 88 119 150 180 211 241 272 303 331 362 13 28 59 89 120 151 181 212 242 273 304 332 363 14 29 60 90 121 152 182 213 243 274 305 333 364 15 0 30 61 91 122 153 183 214 244 275 306 334 365 16 1 31 62 92 123 154 184 215 245 276 307 335 17 2 32 63 93 124 155 185 216 246 277 308 336 18 3 33 64 94 125 156 186 217 247 278 309 337 19 4 34 65 95 126 157 187 218 248 279 310 338 20 5 35 66 96 127 158 188 219 249 280 311 339 21 6 36 67 97 128 159 189 220 250 281 312 340 22 7 37 68 98 129 160 190 221 251 282 313 341 23 8 38 69 99 130 161 191 222 252 283 314 342 24 9 39 70 100 131 162 192 223 253 284 315 343 25 10 40 71 101 132 163 193 224 254 285 316 344 26 11 41 72 102 133 164 194 225 255 286 317 345 27 12 42 73 103 134 165 195 226 256 287 318 346 28 13 43 74 104 135 166 196 227 257 288 319 347 29 14 44 75 105 136 167 197 228 258 289 348 30 15 45 76 106 137 168 198 229 259 290 349 31 46 107 138 199 260 291 350
Annualized Income Installment Method (Schedule AI)
If you did not receive your income evenly throughout the year (for example, your income from a shop you operated at a marina was much larger in the summer than it was during the rest of the year), you may be able to lower or eliminate your penalty by figuring your underpayment using the annualized income installment method. Under this method, your required installment (Part IV, line 18) for one or more payment periods may be less than one-fourth of your required annual payment.
To figure your underpayment using this method, complete Form 2210, Schedule AI. Schedule AI annualizes your tax at the end of each payment period based on your income, deductions, and other items relating to events that occurred from the beginning of the tax year through the end of the period.
If you use the annualized income installment method, you must check box C in Part II of Form 2210. Also, you must attach Form 2210 and Schedule AI to your return.
If you use Schedule AI for any payment due date, you must use it for all payment due dates.
Completing Schedule AI.
Follow the Instructions for Form 2210 to complete Schedule AI. For each period shown on Schedule AI, figure your income and deductions based on your method of accounting. If you use the cash method of accounting (used by most people), include all income actually or constructively received during the period and all deductions actually paid during the period.
Note.
Each period includes amounts from the previous period(s).
Period (a) includes items for January 1 through March 31.
Period (b) includes items for January 1 through May 31.
Period (c) includes items for January 1 through August 31.
Period (d) includes items for the entire year.
Farmers and Fishermen
If you are a farmer or fisherman, the following special rules for underpayment of estimated tax apply to you.
The penalty for underpaying your 2016 estimated tax will not apply if you file your return and pay all the tax due by March 1, 2017. If you are a fiscal year taxpayer, the penalty will not apply if you file your return and pay the tax due by the first day of the third month after the end of your tax year.
Any penalty you owe for underpaying your 2016 estimated tax will be figured from one payment due date, January 15, 2017.
The underpayment penalty for 2016 is figured on the difference between the amount of 2016 withholding plus estimated tax paid by the due date and the smaller of:
662/3% (rather than 90%) of your 2016 tax, or
100% of the tax shown on your 2015 return.
Even if these special rules apply to you, you will not owe the penalty if you meet either of the two conditions discussed under Exceptions .
See Who Must Pay Estimated Tax in chapter 2 for the definition of a farmer or fisherman who is eligible for these special rules.
Form 2210-F.
Use Form 2210-F to figure any underpayment penalty. Do not attach it to your return unless you check a box in Part I. However, if none of the boxes apply to you and you owe a penalty, you do not need to attach Form 2210-F. Enter the amount from line 16 on Form 1040, line 79 and add the penalty to any balance due on your return or subtract it from your refund. Keep your filled-in Form 2210-F for your records.
If none of the boxes on Form 2210-F apply to you and you owe a penalty, the IRS can figure your penalty and send you a bill.
Waiver of Penalty
The IRS can waive the penalty for underpayment if either of the following applies.
You did not make a payment because of a casualty, disaster, or other unusual circumstance and it would be inequitable to impose the penalty.
You retired (after reaching age 62) or became disabled in 2015 or 2016 and both the following requirements are met.
You had a reasonable cause for not making the payment.
Your underpayment was not due to willful neglect.
How to request a waiver.
To request a waiver, see the Instructions for Form 2210.
Farmers and fishermen.
To request a waiver, see the Instructions for Form 2210-F.
Federally declared disaster.
Certain estimated tax payment deadlines for taxpayers who reside or have a business in a federally declared disaster area are postponed for a period during and after the disaster. During the processing of your tax return, the IRS automatically identifies taxpayers located in a covered disaster area (by county or parish) and applies the appropriate penalty relief. Do not file Form 2210 or 2210-F if your underpayment was due to a federally declared disaster. If you still owe a penalty after the automatic waiver is applied, we will send you a bill.
Individuals, estates, and trusts not in a covered disaster area but whose books, records, or tax professionals' offices are in a covered area are also entitled to relief. Also eligible are relief workers affiliated with a recognized government or charitable organization assisting in the relief activities in a covered disaster area. If you meet either of these eligibility requirements, you must call the IRS disaster hotline at 1-866-562-5227 and identify yourself as eligible for this relief.
Details on the applicable disaster postponement period can be found at IRS.gov. Enter Tax Relief in Disaster Situations. Select the federally declared disaster that affected you.
Worksheet 4-1.2016 Form 2210, Schedule AI—Line 12 Qualified Dividends and Capital Gain Tax Worksheet Note. To figure the annualized entries for lines 2, 3, and 5 below, multiply the expected amount for the period by the annualization amount on line 2 of Schedule AI for the same period.
1. Enter line 11 of your Schedule AI, or line 3 from Worksheet 4-2 1. 2. Enter your annualized qualified dividends for the period 2. 3. Are you filing Schedule D? □ Yes. Enter the smaller of your annualized amount from line 15 or line 16 of Schedule D. If either line 15 or line 16 is blank or a loss, enter -0-. 3. □ No. Enter your annualized capital gain distributions from Form 1040, line 13 4. Add lines 2 and 3 4. 5. If you are claiming investment interest expense on Form 4952, enter your annualized amount from line 4g of that form. Otherwise, enter -0- 5. 6. Subtract line 5 from line 4. If zero or less, enter -0- 6. 7. Subtract line 6 from line 1. If zero or less, enter -0- 7. 8. Enter: $37,650 if single or married filing separately, $75,300 if married filing jointly or qualifying widow(er), $50,400 if head of household.
8. 9. Enter the smaller of line 1 or line 8 9. 10. Enter the smaller of line 7 or line 9 10. 11. Subtract line 10 from line 9. This amount is taxed at 0% 11. 12. Enter the smaller of line 1 or line 6 12. 13. Enter the amount from line 11 13. 14. Subtract line 13 from line 12 14. 15. Multiply line 14 by 15% (0.15) 15. 16. Figure the tax on the amount on line 7. If the amount on line 7 is less than $100,000, use the Tax Table in the 2016 Instructions for Form 1040 to figure this tax. If the amount on line 7 is $100,000 or more, use the Tax Computation Worksheet in the 2016 Instructions for Form 1040 16. 17. Add lines 15 and 16 17. 18. Figure the tax on the amount on line 1. If the amount on line 1 is less than $100,000, use the Tax Table in the 2016 Instructions for Form 1040 to figure this tax. If the amount on line 1 is $100,000 or more, use the Tax Computation Worksheet in the 2016 Instructions for Form 1040 18. 19. Tax on all taxable income. Enter the smaller of line 17 or line 18. Also enter this amount on line 12 of Schedule AI in the appropriate column. However, if you are using this worksheet to figure the tax on the amount on line 3 of Worksheet 4-2, enter the amount from line 19 on Worksheet 4-2, line 4 19.
Worksheet 4-2.2016 Form 2210, Schedule AI—Line 12 Foreign Earned Income Tax Worksheet Before you begin: If Schedule AI, line 11, is zero for the period, do not complete this worksheet.
1. Enter the amount from line 11 of Schedule AI for the period 1. 2. Enter the annualized amount* of foreign earned income and housing amount excluded or deducted (from Form 2555, lines 45 and 50, or Form 2555-EZ, line 18) in figuring the amount entered for the period on line 1 of Schedule AI 2. 3. Add lines 1 and 2 3. 4. Tax on the amount on line 3. Use the Tax Table, Tax Computation Worksheet, Form 8615**, Qualified Dividends and Capital Gain Tax Worksheet***, or Schedule D Tax Worksheet***, whichever applies. See the 2016 instructions for Form 1040, line 44, to find out which tax computation method to use. (Note. You do not have to use the same method for each period on Schedule AI.) 4. 5. Tax on the amount on line 2. If the amount on line 2 is less than $100,000, use the Tax Table in the 2016 Instructions for Form 1040 to figure this tax. If the amount on line 7 is $100,000 or more, use the Tax Computation Worksheet in the 2016 Instructions for Form 1040 5. 6. Subtract line 5 from line 4. Enter the result here and on line 12 of Schedule AI. If zero or less, enter -0- 6.
* To figure the annualized amount for line 2, multiply the exclusion or deduction for the period by the annualization amount on line 2 of Schedule AI for the same period. ** If you use Form 8615 to figure the tax on line 4 above, enter the amount from line 3 above on line 4 of Form 8615. If the child's parent files Form 2555 or 2555-EZ, enter the amounts from lines 3 and 4 of the parent's Foreign Earned Income Tax Worksheet on lines 6 and 10, respectively, of Form 8615. Complete the rest of Form 8615 according to its instructions. Then complete lines 5 and 6 above. *** Enter the amount from line 3 above on line 1 of the Qualified Dividends and Capital Gain Tax Worksheet (or Worksheet 4-1 in this chapter) or the Schedule D Tax Worksheet, whichever worksheet you use to figure the tax on line 4 above. Complete that worksheet through line 6 (line 10 if you use the Schedule D Tax Worksheet). Next, determine if you have a capital gain excess. Figuring capital gain excess. To find out if you have a capital gain excess for the appropriate period, subtract line 11 of Schedule AI from line 6 of Worksheet 4-1 or your Qualified Dividends and Capital Gain Tax Worksheet (line 10 of your Schedule D Tax Worksheet). If the result is more than zero, that amount is your capital gain excess. No capital gain excess. If you do not have a capital gain excess, complete the rest of Worksheet 4-1, Qualified Dividends and Capital Gain Tax Worksheet, or the Schedule D Tax Worksheet according to the worksheet's instructions. Then complete lines 5 and 6 above. Capital gain excess. If you have a capital gain excess, complete a second Worksheet 4-1, Qualified Dividends and Capital Gain Tax Worksheet, or Schedule D Tax Worksheet (whichever applies) as instructed above but in its entirety and with the following additional modifications. Then complete lines 5 and 6 above. Make the modifications below only for purposes of filling out Worksheet 4-2 above. a. Reduce (but not below zero) the amount you otherwise would enter on line 3 of your Worksheet 4-1, line 3 of your Qualified Dividends and Capital Gain Tax Worksheet, or line 9 of your Schedule D Tax Worksheet by your capital gain excess. b. Reduce (but not below zero) the amount you otherwise would enter on line 2 of your Worksheet 4-1, line 2 of your Qualified Dividends and Capital Gain Tax Worksheet, or line 6 of your Schedule D Tax Worksheet by any of your capital gain excess not used in (a) above. c. Reduce (but not below zero) the amount on your Schedule D (Form 1040), line 18, by your capital gain excess. d. Include your capital gain excess as a loss on line 16 of your Unrecaptured Section 1250 Gain Worksheet in the 2016 Instructions for Schedule D (Form 1040).
Claim for Refund and Request for Abatement
Form Use Form 843 to claim a refund or request an abatement of certain taxes, interest, penalties, fees, and additions to tax. You can also claim a refund for other items such as the branded prescription drug fee, the ..... Please note that employers cannot use Form 843 to file for a claim of refund for additional Medicare taxes, the Federal insurance contributions Act (FICA) tax, Railroad Retirment Tax Act (RRTA) tax, or the income tax withholding. Also do not use Form 843 to amend a previously filed income or employment tax return. Additionally, do not use Form 843 to claim a refund of agreement fees, offer-in-compromise fees, or lien fees. Also note that you cannot use Form 843 to request an abatement of income, estate, or gift taxes. Employers cannot use Form 843 to request abatement of FICA tax, RRTA tax, or income tax withholding. Use Form 843 to claim or request the following.
You may not have to file Form 843. Do not use Form 843 when you must use a different tax form. Use Form 1040X, Amended U.S. Individual Income Tax Return, to change any amounts reported on Form 1040, 1040A, 1040EZ, 1040NR, or 1040NR-EZ, to change amounts previously adjusted by the IRS, or to make certain elections after the prescribed deadline Use Form 1040X and attach a corrected Form 8959, Additional Medicare Tax, to correct your liability for Additional Medicare Tax. If your Medicare wages, RRTA compensation, or self-employment income is adjusted, you may need to correct your liability, if any, for Additional Medicare Tax. Use Form 8379, Injured Spouse Allocation, to claim your portion of a joint refund used to offset your spouse's past due obligations. Individuals, estates, and trusts filing within 1 year after the end of the year in which a claim of right adjustment under section 1341(b)(1), a net operating loss (NOL), a general business credit, or net section 1256 contracts loss arose, can use Form 1045, Application for Tentative Refund, to apply for a “quick refund” resulting from any overpayment of tax due to the claim of right adjustment or the carryback of the loss or unused credit. Individuals also can get a refund by filing Form 1040X instead of Form 1045. An estate or trust can file an amended Form 1041, U.S. Income Tax Return for Estates and Trusts. Use Form 940, Employer's Annual Federal Unemployment (FUTA) Tax Return, to amend a previously filed Form 940. Employers must use the tax form that corresponds to the tax return previously filed to make an adjustment or claim a refund or abatement of FICA tax, RRTA tax, or income tax withholding. Use Form 1120X, Amended U.S. Corporation Income Tax Return, to correct Form 1120 or 1120-A as originally filed, or later adjusted by an amended return, a claim for refund, or an examination, or to make certain elections after the prescribed deadline. Use Form 720X, Amended Quarterly Federal Excise Tax Return, to make adjustments to liability reported on Forms 720 you have filed for previous quarters. Do not use Form 720X to make changes to claims made on Schedule C (Form 720), except for the section 4051(d) tire credit and section 6426 fuel credits. Use Form 730, Monthly Tax Return for Wagers, to claim a credit or refund of wagering tax. Use Form 4136, Credit for Federal Tax Paid on Fuels, to claim a credit against your income tax for certain nontaxable uses (or sales) of fuel during the income tax year. Also, use Form 4136 if you are a producer claiming a credit for alcohol fuel mixtures or biodiesel mixtures. However, you can use Form 8849, Claim for Refund of Excise Taxes, to claim a periodic refund instead of waiting to claim an annual credit on Form 4136. Use Form 8849, Claim for Refund of Excise Taxes, to claim a refund of excise taxes other than those resulting from adjustments to your reported liabilities. Generally, you must file a claim for a credit or refund within 3 years from the date you filed your original return or 2 years from the date you paid the tax, whichever is later. If you do not file a claim within this period, you may no longer be entitled to a credit or refund. Who Can File You can file Form 843 or your authorized representative can file it for you. If your authorized representative files Form 843, the original or copy of Form 2848, Power of Attorney and Declaration of Representative, must be attached. You must sign Form 2848 and authorize the representative to act on your behalf for the purposes of the request. If you are filing as a legal representative for a decedent whose return you filed, attach to Form 843 a statement that you filed the return and you are still acting as the decedent's representative. If you did not file the decedent's return, attach certified copies of letters testamentary, letters of administration, or similar evidence to show your authority. File Form 1310, Statement of Person Claiming Refund Due a Deceased Taxpayer, with Form 843 if you are the legal representative of a decedent. Penalty for Erroneous Claim for Refund If you claim an excessive amount of tax refund or credit relating to income tax (other than a claim relating to the earned income credit), you may be liable for a penalty of 20% of the amount determined to be excessive. An excessive amount is the amount of the claim for refund or credit that is more than the amount of claim allowable for the tax year. The penalty may be waived if you can show that you had a reasonable basis for making the claim. Paid Tax Return Preparer A paid tax return preparer who files Form 843 for you must sign the form and fill in the identifying information at the bottom of the form. The tax preparer must give you a copy of the completed Form 843 for your records. Someone who prepares your Form 843 but does not charge you should not sign it. Specific Instructions Social security number. Enter your social security number (SSN). If you are filing Form 843 relating to a joint return, enter the SSNs for both you and your spouse. Enter the tax period for which you are making the claim for refund or request for abatement. If you are requesting a refund of a branded prescription drug fee, enter the fee year on the “From” line. Check the appropriate box to show the type of tax or fee for which you are claiming a refund or requesting an abatement. If the claim relates to interest, a penalty, or addition to tax, check the box to indicate the type of tax to which the claim or request relates. Do not use Form 843 when another tax form must be used. Identify the claim as “Excess tier 2 RRTA” and show your computation of the refund. You must also attach copies of your Forms W-2 for the year to Form 843. Branded prescription drug fee. Enter the fee year on the “From” line. Check the box for “Fee.” Check the “Other” box and enter “BPD Fee” in the space provided. Identify the claim as “branded prescription drug fee” and explain why you are claiming a refund. Attach a copy of the Form 8947 that provided the basis for the fee as calculated by the IRS, as well as any additional information on the amount to be refunded. You must tell us whether you or anyone else has filed a previous claim for any amount covered by this claim. Fee claims should not be combined with any other claims. Please not that interest related to the branded prescription drug fee cannot be abated. However, if you are requesting a refund or abatement of an assessed penalty, enter the applicable Internal Revenue Code (IRC) section. Generally, you can find the IRC section on the Notice of Assessment you received from the IRS. Requesting Abatement or Refund of Interest Due to IRS Error or Delay The IRS can abate interest if the interest is caused by IRS errors or delays.The IRS will abate the interest only if there was an unreasonable error or delay in performing a managerial or ministerial act (defined next). The taxpayer cannot have caused any significant aspect of the error or delay. In addition, the interest can be abated only if it relates to taxes for which a notice of deficiency is required. This includes income taxes, generation-skipping transfer taxes, estate and gift taxes, and certain excise taxes. Interest related to employment taxes or other excise taxes cannot be abated. See Pub. 556, Examination of Returns, Appeal Rights, and Claims for Refund, for more information. Managerial act. The term “managerial act” means an administrative act that occurs during the processing of your case involving the temporary or permanent loss of records or the exercise of judgment or discretion relating to management of personnel. A decision regarding the proper application of federal tax law (or other federal or state law) is not a managerial act. See Regulations section 301.6404-2 for more information. Ministerial act. The term “ministerial act” means a procedural or mechanical act that does not involve the exercise of judgment or discretion and that occurs during the processing of your case after all prerequisites of the act, such as conferences and review by supervisors, have taken place. A decision regarding the proper application of federal tax law (or other federal or state law) is not a ministerial act. How To Request an Abatement of Interest Abatement of interest on a tax. Request an abatement of interest on a tax by writing “Request for Abatement of Interest Under Section 6404(e)” at the top of Form 843. Check the first box on line 5a. On line 5b, show the dates of any payment of interest or tax liability for the tax period involved. Also state the type of tax involved, When you were first notified by the IRS in writing about the deficiency or payment, The specific period for which you are requesting abatement of interest, The circumstances of your case, and The reasons why you believe that failure to abate the interest would result in grossly unfair treatment. Multiple tax years or types of tax. File only one Form 843 if the interest assessment resulted from the IRS's error or delay in performing a single managerial or ministerial act affecting a tax assessment for multiple tax years or types of tax (for example, where 2 or more tax years were under examination). Check the applicable box(es) and provide a detailed explanation. Requesting Abatement or Refund of a Penalty or Addition to Tax as a Result of Written Advice The IRS can abate or refund any portion of a penalty or addition to tax caused by erroneous advice furnished to you in writing by an officer or employee of the IRS acting in his or her official capacity. The IRS will abate the penalty or addition to tax only if:
How To Request an Abatement or Refund of a Penalty or an Addition to Tax as a Result of Written Advice Request an abatement or refund of a penalty or addition to tax because of erroneous written advice by writing “Request for Abatement of Penalty or Addition to Tax Under Section 6404(f)” at the top of Form 843. Enter the date of payment if the penalty or addition to tax has been paid. You must attach copies of the following information to Form 843.
An abatement of any penalty or addition to tax as a result of written advice will be allowed only if: You submit the request for abatement within the period allowed for collection of the penalty or addition to tax, or You paid the penalty or addition to tax, within the period allowed for claiming a credit or refund of such penalty or addition to tax. Check the appropriate box to show the type of fee or return, if any, to which your claim or request relates. Check the box labeled “1040” to indicate other individual income tax returns (such as Form 1040A or Form 1040EZ). You can use Form 843 to request a refund or an abatement of interest, penalties, and additions to tax that relate to your income tax return. However, you cannot use Form 843 to request a refund or an abatement of income tax. If you are an employer, you cannot use it to request abatement of FICA tax, RRTA tax, or income tax withholding. Explain in detail your reasons for filing this claim and show your computation for the credit, refund, or abatement. If you attach an additional sheet(s), include your name and SSN or employer identification number (EIN) on it. Also attach appropriate supporting evidence. Include a statement that to the extent of equivalent amounts of underpayment and overpayment for the period(s) identified and established, the period(s) has (have) been used only once in a request to obtain the net interest rate of zero under section 6621(d). Refund of excess social security taxes. If you are claiming a refund of excess social security or RRTA tax withheld by one employer, you must, if possible, attach a statement from the employer. The statement should indicate the following. The amount, if any, the employer has repaid or reimbursed you for excess taxes withheld. The amount, if any, of credit or refund claimed by the employer or authorized by you to be claimed by the employer. The employer should include in the statement the fact that it is made in support of your claim for refund of employee tax paid by the employer to the IRS. If you cannot obtain a statement from the employer, you should attach a statement with the same information to the best of your knowledge and belief and include in the statement an explanation of why you could not obtain a statement from the employer. Attach a copy of your Form W-2 to prove the amount of social security or RRTA taxes withheld. Refund of social security and Medicare tax withheld in error. The same supporting evidence described above must be provided. Requesting Net Interest Rate of Zero on Overlapping Tax Underpayments and Overpayments If you have paid or are liable for interest on a tax underpayment and have received or are due interest on a tax overpayment for the same period of time, you can request that the IRS compute the interest using the net interest rate of zero. How To Request a Net Interest Rate of Zero You can request a net interest rate of zero by writing on top of Form 843 “Request for Net Interest Rate of Zero under Rev. Proc. 2000-26.” You must provide documentation to substantiate that you are the taxpayer entitled to receive the interest due on the overpayment. You can enter a dollar amount or leave blank. Indicate the type of tax. If your claim is for more than one tax, more than one box can be checked. Indicate the type of return filed. If more than one type of return was filed, more than one box can be checked. Make sure you provied all requested information such as 1. The tax periods for which you overpaid and underpaid your tax liability. A separate Form 843 is not required for each separate taxable period involved in the request. 2. When you paid the tax if the underpayment is no longer outstanding. 3. When you received your tax refund if the overpayment is no longer outstanding. 4. The period(s) that your overpayment and underpayment overlapped and the overlapping amount. You should provide any background material (such as copies of examination reports, notices, or prior interest computations provided by the IRS) relating to the overpayment and underpayment. 5. A computation, to the extent possible, of the amount of interest to be credited, refunded, or abated. If you are unable to provide a computation, provide an explanation of why you are unable to provide the computation. The computation generally should be made by applying section 6621(d) to reduce your underpayment interest payable to the IRS. However, if only the period of limitation for claiming additional overpayment interest is open on the date you file Form 843, you should make the computation by applying section 6621(d) to increase your overpayment interest payable by the IRS. 6. Section 6621(d) provides for a net interest rate of zero to the extent of the overlapping underpayment and overpayment of the same taxpayer. If your claim involves more than one tax identification number (TIN), explain why the different TINs can be treated as the same taxpayer. Privacy Act and Paperwork Reduction Act Notice asks for the information on tax forms to carry out the Internal Revenue laws of the United States. Sections 6402 and 6404 state the conditions under which you may file a claim for refund and request for abatement of certain taxes, penalties, and interest. Form 843 may be used to file your claim. Section 6109 requires that you disclose your taxpayer identification number (TIN). Routine uses of this information include giving it to the Department of Justice for civil or criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their tax laws. This information may also be given to Federal and state agencies to enforce Federal nontax criminal laws and to combat terrorism. You are not required to claim a refund or request an abatement; however, if you choose to do so you are required to provide the information requested on the form. Failure to provide all of the requested information may delay or prevent processing your claim or request; providing false or fraudulent information may subject you to civil or criminal penalties. Books or records relating to a form or its instructions must be retained as long as their contents may become material in the administration of any Internal Revenue law. Generally, tax returns and return information are confidential, as required by section 6103.
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https://www.irs.gov/publications/p505 https://www.irs.gov/pub/irs-pdf/i843.pdf https://www.irs.gov/pub/irs-pdf/i843.pdf
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