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2010 Form 1040

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2010 Form 1040

2010 form 1040 Publication 525 - Main Content Table of Contents Employee CompensationBabysitting. 2010 form 1040 Miscellaneous Compensation Fringe Benefits Retirement Plan Contributions Stock Options Restricted Property Special Rules for Certain EmployeesClergy Members of Religious Orders Foreign Employer Military Volunteers Business and Investment IncomeRents From Personal Property Royalties Partnership Income S Corporation Income Sickness and Injury BenefitsDisability Pensions Long-Term Care Insurance Contracts Workers' Compensation Other Sickness and Injury Benefits Miscellaneous IncomeBartering Canceled Debts Host or Hostess Life Insurance Proceeds Recoveries Survivor Benefits Unemployment Benefits Welfare and Other Public Assistance Benefits Other Income RepaymentsMethod 1. 2010 form 1040 Method 2. 2010 form 1040 How To Get Tax HelpLow Income Taxpayer Clinics Employee Compensation In most cases, you must include in gross income everything you receive in payment for personal services. 2010 form 1040 In addition to wages, salaries, commissions, fees, and tips, this includes other forms of compensation such as fringe benefits and stock options. 2010 form 1040 You should receive a Form W-2 from your employer or former employer showing the pay you received for your services. 2010 form 1040 Include all your pay on line 7 of Form 1040 or Form 1040A or on line 1 of Form 1040EZ, even if you do not receive Form W-2, or you receive a Form W-2 that does not include all pay that should be included on the Form W-2. 2010 form 1040 If you performed services, other than as an independent contractor, and your employer did not withhold social security and Medicare taxes from your pay, you must file Form 8919, Uncollected Social Security and Medicare Tax on Wages, with your Form 1040. 2010 form 1040 These wages must be included on line 7 of Form 1040. 2010 form 1040 See Form 8919 for more information. 2010 form 1040 Childcare providers. 2010 form 1040   If you provide childcare, either in the child's home or in your home or other place of business, the pay you receive must be included in your income. 2010 form 1040 If you are not an employee, you are probably self-employed and must include payments for your services on Schedule C (Form 1040), Profit or Loss From Business, or Schedule C-EZ (Form 1040), Net Profit From Business. 2010 form 1040 You generally are not an employee unless you are subject to the will and control of the person who employs you as to what you are to do and how you are to do it. 2010 form 1040 Babysitting. 2010 form 1040   If you babysit for relatives or neighborhood children, whether on a regular basis or only periodically, the rules for childcare providers apply to you. 2010 form 1040 Bankruptcy. 2010 form 1040   If you filed for bankruptcy under Chapter 11 of the Bankruptcy Code, you must allocate your wages and withheld income tax. 2010 form 1040 Your W-2 will show your total wages and withheld income tax for the year. 2010 form 1040 On your tax return, you report the wages and withheld income tax for the period before you filed for bankruptcy. 2010 form 1040 Your bankruptcy estate reports the wages and withheld income tax for the period after you filed for bankruptcy. 2010 form 1040 If you receive other information returns (such as Form 1099-DIV, Dividends and Distributions, or 1099-INT, Interest Income) that report gross income to you, rather than to the bankruptcy estate, you must allocate that income. 2010 form 1040   The only exception is for purposes of figuring your self-employment tax, if you are self-employed. 2010 form 1040 For that purpose, you must take into account all your self-employment income for the year from services performed both before and after the beginning of the case. 2010 form 1040   You must file a statement with your income tax return stating you filed a Chapter 11 bankruptcy case. 2010 form 1040 The statement must show the allocation and describe the method used to make the allocation. 2010 form 1040 For a sample of this statement and other information, see Notice 2006-83, 2006-40 I. 2010 form 1040 R. 2010 form 1040 B. 2010 form 1040 596, available at www. 2010 form 1040 irs. 2010 form 1040 gov/irb/2006-40_IRB/ar12. 2010 form 1040 html. 2010 form 1040 Miscellaneous Compensation This section discusses many types of employee compensation. 2010 form 1040 The subjects are arranged in alphabetical order. 2010 form 1040 Advance commissions and other earnings. 2010 form 1040   If you receive advance commissions or other amounts for services to be performed in the future and you are a cash-method taxpayer, you must include these amounts in your income in the year you receive them. 2010 form 1040    If you repay unearned commissions or other amounts in the same year you receive them, reduce the amount included in your income by the repayment. 2010 form 1040 If you repay them in a later tax year, you can deduct the repayment as an itemized deduction on your Schedule A (Form 1040), Itemized Deductions, or you may be able to take a credit for that year. 2010 form 1040 See Repayments , later. 2010 form 1040 Allowances and reimbursements. 2010 form 1040    If you receive travel, transportation, or other business expense allowances or reimbursements from your employer, see Publication 463, Travel, Entertainment, Gift, and Car Expenses. 2010 form 1040 If you are reimbursed for moving expenses, see Publication 521, Moving Expenses. 2010 form 1040 Back pay awards. 2010 form 1040   Include in income amounts you are awarded in a settlement or judgment for back pay. 2010 form 1040 These include payments made to you for damages, unpaid life insurance premiums, and unpaid health insurance premiums. 2010 form 1040 They should be reported to you by your employer on Form W-2. 2010 form 1040 Bonuses and awards. 2010 form 1040    Bonuses or awards you receive for outstanding work are included in your income and should be shown on your Form W-2. 2010 form 1040 These include prizes such as vacation trips for meeting sales goals. 2010 form 1040 If the prize or award you receive is goods or services, you must include the fair market value of the goods or services in your income. 2010 form 1040 However, if your employer merely promises to pay you a bonus or award at some future time, it is not taxable until you receive it or it is made available to you. 2010 form 1040 Employee achievement award. 2010 form 1040   If you receive tangible personal property (other than cash, a gift certificate, or an equivalent item) as an award for length of service or safety achievement, you generally can exclude its value from your income. 2010 form 1040 However, the amount you can exclude is limited to your employer's cost and cannot be more than $1,600 ($400 for awards that are not qualified plan awards) for all such awards you receive during the year. 2010 form 1040 Your employer can tell you whether your award is a qualified plan award. 2010 form 1040 Your employer must make the award as part of a meaningful presentation, under conditions and circumstances that do not create a significant likelihood of it being disguised pay. 2010 form 1040   However, the exclusion does not apply to the following awards. 2010 form 1040 A length-of-service award if you received it for less than 5 years of service or if you received another length-of-service award during the year or the previous 4 years. 2010 form 1040 A safety achievement award if you are a manager, administrator, clerical employee, or other professional employee or if more than 10% of eligible employees previously received safety achievement awards during the year. 2010 form 1040 Example. 2010 form 1040 Ben Green received three employee achievement awards during the year: a nonqualified plan award of a watch valued at $250, and two qualified plan awards of a stereo valued at $1,000 and a set of golf clubs valued at $500. 2010 form 1040 Assuming that the requirements for qualified plan awards are otherwise satisfied, each award by itself would be excluded from income. 2010 form 1040 However, because the $1,750 total value of the awards is more than $1,600, Ben must include $150 ($1,750 − $1,600) in his income. 2010 form 1040 Differential wage payments. 2010 form 1040   This is any payment made by an employer to an individual for any period during which the individual is, for a period of more than 30 days, an active duty member of the uniformed services and represents all or a portion of the wages the individual would have received from the employer for that period. 2010 form 1040 These payments are treated as wages and are subject to income tax withholding, but not FICA or FUTA taxes. 2010 form 1040 The payments are reported as wages on Form W-2. 2010 form 1040 Government cost-of-living allowances. 2010 form 1040   Most payments received by U. 2010 form 1040 S. 2010 form 1040 Government civilian employees for working abroad are taxable. 2010 form 1040 However, certain cost-of-living allowances are tax free. 2010 form 1040 Publication 516, U. 2010 form 1040 S. 2010 form 1040 Government Civilian Employees Stationed Abroad, explains the tax treatment of allowances, differentials, and other special pay you receive for employment abroad. 2010 form 1040 Nonqualified deferred compensation plans. 2010 form 1040   Your employer will report to you the total amount of deferrals for the year under a nonqualified deferred compensation plan. 2010 form 1040 This amount is shown on Form W-2, box 12, using code Y. 2010 form 1040 This amount is not included in your income. 2010 form 1040   However, if at any time during the tax year, the plan fails to meet certain requirements, or is not operated under those requirements, all amounts deferred under the plan for the tax year and all preceding tax years are included in your income for the current year. 2010 form 1040 This amount is included in your wages shown on Form W-2, box 1. 2010 form 1040 It is also shown on Form W-2, box 12, using code Z. 2010 form 1040 Nonqualified deferred compensation plans of nonqualified entities. 2010 form 1040   In most cases, any compensation deferred under a nonqualified deferred compensation plan of a nonqualified entity is included in gross income when there is no substantial risk of forfeiture of the rights to such compensation. 2010 form 1040 For this purpose, a nonqualified entity is: A foreign corporation unless substantially all of its income is: Effectively connected with the conduct of a trade or business in the United States, or Subject to a comprehensive foreign income tax. 2010 form 1040 A partnership unless substantially all of its income is allocated to persons other than: Foreign persons for whom the income is not subject to a comprehensive foreign income tax, and Tax-exempt organizations. 2010 form 1040 Note received for services. 2010 form 1040   If your employer gives you a secured note as payment for your services, you must include the fair market value (usually the discount value) of the note in your income for the year you receive it. 2010 form 1040 When you later receive payments on the note, a proportionate part of each payment is the recovery of the fair market value that you previously included in your income. 2010 form 1040 Do not include that part again in your income. 2010 form 1040 Include the rest of the payment in your income in the year of payment. 2010 form 1040   If your employer gives you a nonnegotiable unsecured note as payment for your services, payments on the note that are credited toward the principal amount of the note are compensation income when you receive them. 2010 form 1040 Severance pay. 2010 form 1040   You must include in income amounts you receive as severance pay and any payment for the cancellation of your employment contract. 2010 form 1040 Accrued leave payment. 2010 form 1040   If you are a federal employee and receive a lump-sum payment for accrued annual leave when you retire or resign, this amount will be included as wages on your Form W-2. 2010 form 1040   If you resign from one agency and are reemployed by another agency, you may have to repay part of your lump-sum annual leave payment to the second agency. 2010 form 1040 You can reduce gross wages by the amount you repaid in the same tax year in which you received it. 2010 form 1040 Attach to your tax return a copy of the receipt or statement given to you by the agency you repaid to explain the difference between the wages on your return and the wages on your Forms W-2. 2010 form 1040 Outplacement services. 2010 form 1040   If you choose to accept a reduced amount of severance pay so that you can receive outplacement services (such as training in résumé writing and interview techniques), you must include the unreduced amount of the severance pay in income. 2010 form 1040    However, you can deduct the value of these outplacement services (up to the difference between the severance pay included in income and the amount actually received) as a miscellaneous deduction (subject to the 2%-of-adjusted-gross-income (AGI) limit) on Schedule A (Form 1040). 2010 form 1040 Sick pay. 2010 form 1040   Pay you receive from your employer while you are sick or injured is part of your salary or wages. 2010 form 1040 In addition, you must include in your income sick pay benefits received from any of the following payers. 2010 form 1040 A welfare fund. 2010 form 1040 A state sickness or disability fund. 2010 form 1040 An association of employers or employees. 2010 form 1040 An insurance company, if your employer paid for the plan. 2010 form 1040 However, if you paid the premiums on an accident or health insurance policy, the benefits you receive under the policy are not taxable. 2010 form 1040 For more information, see Other Sickness and Injury Benefits under Sickness and Injury Benefits, later. 2010 form 1040 Social security and Medicare taxes paid by employer. 2010 form 1040   If you and your employer have an agreement that your employer pays your social security and Medicare taxes without deducting them from your gross wages, you must report the amount of tax paid for you as taxable wages on your tax return. 2010 form 1040 The payment is also treated as wages for figuring your social security and Medicare taxes and your social security and Medicare benefits. 2010 form 1040 However, these payments are not treated as social security and Medicare wages if you are a household worker or a farm worker. 2010 form 1040 Stock appreciation rights. 2010 form 1040   Do not include a stock appreciation right granted by your employer in income until you exercise (use) the right. 2010 form 1040 When you use the right, you are entitled to a cash payment equal to the fair market value of the corporation's stock on the date of use minus the fair market value on the date the right was granted. 2010 form 1040 You include the cash payment in income in the year you use the right. 2010 form 1040 Fringe Benefits Fringe benefits received in connection with the performance of your services are included in your income as compensation unless you pay fair market value for them or they are specifically excluded by law. 2010 form 1040 Abstaining from the performance of services (for example, under a covenant not to compete) is treated as the performance of services for purposes of these rules. 2010 form 1040 See Valuation of Fringe Benefits , later in this discussion, for information on how to determine the amount to include in income. 2010 form 1040 Recipient of fringe benefit. 2010 form 1040   You are the recipient of a fringe benefit if you perform the services for which the fringe benefit is provided. 2010 form 1040 You are considered to be the recipient even if it is given to another person, such as a member of your family. 2010 form 1040 An example is a car your employer gives to your spouse for services you perform. 2010 form 1040 The car is considered to have been provided to you and not to your spouse. 2010 form 1040   You do not have to be an employee of the provider to be a recipient of a fringe benefit. 2010 form 1040 If you are a partner, director, or independent contractor, you also can be the recipient of a fringe benefit. 2010 form 1040 Provider of benefit. 2010 form 1040   Your employer or another person for whom you perform services is the provider of a fringe benefit regardless of whether that person actually provides the fringe benefit to you. 2010 form 1040 The provider can be a client or customer of an independent contractor. 2010 form 1040 Accounting period. 2010 form 1040   You must use the same accounting period your employer uses to report your taxable noncash fringe benefits. 2010 form 1040 Your employer has the option to report taxable noncash fringe benefits by using either of the following rules. 2010 form 1040 The general rule: benefits are reported for a full calendar year (January 1–December 31). 2010 form 1040 The special accounting period rule: benefits provided during the last 2 months of the calendar year (or any shorter period) are treated as paid during the following calendar year. 2010 form 1040 For example, each year your employer reports the value of benefits provided during the last 2 months of the prior year and the first 10 months of the current year. 2010 form 1040 Your employer does not have to use the same accounting period for each fringe benefit, but must use the same period for all employees who receive a particular benefit. 2010 form 1040   You must use the same accounting period that you use to report the benefit to claim an employee business deduction (for use of a car, for example). 2010 form 1040 Form W-2. 2010 form 1040   Your employer must include all taxable fringe benefits in box 1 of Form W-2 as wages, tips and other compensation and, if applicable, in boxes 3 and 5 as social security and Medicare wages. 2010 form 1040 Although not required, your employer may include the total value of fringe benefits in box 14 (or on a separate statement). 2010 form 1040 However, if your employer provided you with a vehicle and included 100% of its annual lease value in your income, the employer must separately report this value to you in box 14 (or on a separate statement). 2010 form 1040 Accident or Health Plan In most cases, the value of accident or health plan coverage provided to you by your employer is not included in your income. 2010 form 1040 Benefits you receive from the plan may be taxable, as explained, later, under Sickness and Injury Benefits . 2010 form 1040 For information on the items covered in this section, other than Long-term care coverage , see Publication 969, Health Savings Accounts and Other Tax-Favored Health Plans. 2010 form 1040 Long-term care coverage. 2010 form 1040   Contributions by your employer to provide coverage for long-term care services generally are not included in your income. 2010 form 1040 However, contributions made through a flexible spending or similar arrangement (such as a cafeteria plan) must be included in your income. 2010 form 1040 This amount will be reported as wages in box 1 of your Form W-2. 2010 form 1040 Archer MSA contributions. 2010 form 1040    Contributions by your employer to your Archer MSA generally are not included in your income. 2010 form 1040 Their total will be reported in box 12 of Form W-2, with code R. 2010 form 1040 You must report this amount on Form 8853, Archer MSAs and Long-Term Care Insurance Contracts. 2010 form 1040 File the form with your return. 2010 form 1040 Health flexible spending arrangement (health FSA). 2010 form 1040   If your employer provides a health FSA that qualifies as an accident or health plan, the amount of your salary reduction, and reimbursements of your medical care expenses, in most cases, are not included in your income. 2010 form 1040   Health FSAs are subject to a $2,500 limit on salary reduction contributions for plan years beginning after 2012. 2010 form 1040 The $2,500 limit is subject to an inflation adjustment for plan years beginning after 2013. 2010 form 1040 For more information, see Notice 2012-40, 2012-26 I. 2010 form 1040 R. 2010 form 1040 B. 2010 form 1040 1046, available at www. 2010 form 1040 irs. 2010 form 1040 gov/irb/2012-26 IRB/ar09. 2010 form 1040 html. 2010 form 1040 Health reimbursement arrangement (HRA). 2010 form 1040   If your employer provides an HRA that qualifies as an accident or health plan, coverage and reimbursements of your medical care expenses generally are not included in your income. 2010 form 1040 Health savings accounts (HSA). 2010 form 1040   If you are an eligible individual, you and any other person, including your employer or a family member, can make contributions to your HSA. 2010 form 1040 Contributions, other than employer contributions, are deductible on your return whether or not you itemize deductions. 2010 form 1040 Contributions made by your employer are not included in your income. 2010 form 1040 Distributions from your HSA that are used to pay qualified medical expenses are not included in your income. 2010 form 1040 Distributions not used for qualified medical expenses are included in your income. 2010 form 1040 See Publication 969 for the requirements of an HSA. 2010 form 1040   Contributions by a partnership to a bona fide partner's HSA are not contributions by an employer. 2010 form 1040 The contributions are treated as a distribution of money and are not included in the partner's gross income. 2010 form 1040 Contributions by a partnership to a partner's HSA for services rendered are treated as guaranteed payments that are includible in the partner's gross income. 2010 form 1040 In both situations, the partner can deduct the contribution made to the partner's HSA. 2010 form 1040   Contributions by an S corporation to a 2% shareholder-employee's HSA for services rendered are treated as guaranteed payments and are includible in the shareholder-employee's gross income. 2010 form 1040 The shareholder-employee can deduct the contribution made to the shareholder-employee's HSA. 2010 form 1040 Qualified HSA funding distribution. 2010 form 1040   You can make a one-time distribution from your individual retirement account (IRA) to an HSA and you generally will not include any of the distribution in your income. 2010 form 1040 See Publication 590, Individual Retirement Arrangements (IRAs), for the requirements for these qualified HSA funding distributions. 2010 form 1040 Failure to maintain eligibility. 2010 form 1040   If your HSA received qualified HSA distributions from a health FSA or HRA (discussed earlier) or a qualified HSA funding distribution, you must be an eligible individual for HSA purposes for the period beginning with the month in which the qualified distribution was made and ending on the last day of the 12th month following that month. 2010 form 1040 If you fail to be an eligible individual during this period, other than because of death or disability, you must include the distribution in your income for the tax year in which you become ineligible. 2010 form 1040 This income is also subject to an additional 10% tax. 2010 form 1040 Adoption Assistance You may be able to exclude from your income amounts paid or expenses incurred by your employer for qualified adoption expenses in connection with your adoption of an eligible child. 2010 form 1040 See Instructions for Form 8839, Qualified Adoption Expenses, for more information. 2010 form 1040 Adoption benefits are reported by your employer in box 12 of Form W-2 with code T. 2010 form 1040 They also are included as social security and Medicare wages in boxes 3 and 5. 2010 form 1040 However, they are not included as wages in box 1. 2010 form 1040 To determine the taxable and nontaxable amounts, you must complete Part III of Form 8839. 2010 form 1040 File the form with your return. 2010 form 1040 Athletic Facilities If your employer provides you with the free or low-cost use of an employer-operated gym or other athletic club on your employer's premises, the value is not included in your compensation. 2010 form 1040 The gym must be used primarily by employees, their spouses, and their dependent children. 2010 form 1040 If your employer pays for a fitness program provided to you at an off-site resort hotel or athletic club, the value of the program is included in your compensation. 2010 form 1040 De Minimis (Minimal) Benefits If your employer provides you with a product or service and the cost of it is so small that it would be unreasonable for the employer to account for it, the value is not included in your income. 2010 form 1040 In most cases, the value of benefits such as discounts at company cafeterias, cab fares home when working overtime, and company picnics are not included in your income. 2010 form 1040 Also see Employee Discounts , later. 2010 form 1040 Holiday gifts. 2010 form 1040   If your employer gives you a turkey, ham, or other item of nominal value at Christmas or other holidays, do not include the value of the gift in your income. 2010 form 1040 However, if your employer gives you cash, a gift certificate, or a similar item that you can easily exchange for cash, you include the value of that gift as extra salary or wages regardless of the amount involved. 2010 form 1040 Dependent Care Benefits If your employer provides dependent care benefits under a qualified plan, you may be able to exclude these benefits from your income. 2010 form 1040 Dependent care benefits include: Amounts your employer pays directly to either you or your care provider for the care of your qualifying person while you work, and The fair market value of care in a daycare facility provided or sponsored by your employer. 2010 form 1040 The amount you can exclude is limited to the lesser of: The total amount of dependent care benefits you received during the year, The total amount of qualified expenses you incurred during the year, Your earned income, Your spouse's earned income, or $5,000 ($2,500 if married filing separately). 2010 form 1040 Your employer must show the total amount of dependent care benefits provided to you during the year under a qualified plan in box 10 of your Form W-2. 2010 form 1040 Your employer also will include any dependent care benefits over $5,000 in your wages shown in box 1 of your Form W-2. 2010 form 1040 To claim the exclusion, you must complete Part III of Form 2441, Child and Dependent Care Expenses. 2010 form 1040 See the Instructions for Form 2441 for more information. 2010 form 1040 Educational Assistance You can exclude from your income up to $5,250 of qualified employer-provided educational assistance. 2010 form 1040 For more information, see Publication 970. 2010 form 1040 Employee Discounts If your employer sells you property or services at a discount, you may be able to exclude the amount of the discount from your income. 2010 form 1040 The exclusion applies to discounts on property or services offered to customers in the ordinary course of the line of business in which you work. 2010 form 1040 However, it does not apply to discounts on real property or property commonly held for investment (such as stocks or bonds). 2010 form 1040 The exclusion is limited to the price charged nonemployee customers multiplied by the following percentage. 2010 form 1040 For a discount on property, your employer's gross profit percentage (gross profit divided by gross sales) on all property sold during the employer's previous tax year. 2010 form 1040 (Ask your employer for this percentage. 2010 form 1040 ) For a discount on services, 20%. 2010 form 1040 Financial Counseling Fees Financial counseling fees paid for you by your employer are included in your income and must be reported as part of wages. 2010 form 1040 If the fees are for tax or investment counseling, they can be deducted on Schedule A (Form 1040) as a miscellaneous deduction (subject to the 2%-of-AGI limit). 2010 form 1040 Qualified retirement planning services paid for you by your employer may be excluded from your income. 2010 form 1040 For more information, see Retirement Planning Services , later. 2010 form 1040 Group-Term Life Insurance In most cases, the cost of up to $50,000 of group-term life insurance coverage provided to you by your employer (or former employer) is not included in your income. 2010 form 1040 However, you must include in income the cost of employer-provided insurance that is more than the cost of $50,000 of coverage reduced by any amount you pay toward the purchase of the insurance. 2010 form 1040 For exceptions to this rule, see Entire cost excluded , and Entire cost taxed , later. 2010 form 1040 If your employer provided more than $50,000 of coverage, the amount included in your income is reported as part of your wages in box 1 of your Form W-2. 2010 form 1040 Also, it is shown separately in box 12 with code C. 2010 form 1040 Group-term life insurance. 2010 form 1040   This insurance is term life insurance protection (insurance for a fixed period of time) that: Provides a general death benefit, Is provided to a group of employees, Is provided under a policy carried by the employer, and Provides an amount of insurance to each employee based on a formula that prevents individual selection. 2010 form 1040 Permanent benefits. 2010 form 1040   If your group-term life insurance policy includes permanent benefits, such as a paid-up or cash surrender value, you must include in your income, as wages, the cost of the permanent benefits minus the amount you pay for them. 2010 form 1040 Your employer should be able to tell you the amount to include in your income. 2010 form 1040 Accidental death benefits. 2010 form 1040   Insurance that provides accidental or other death benefits but does not provide general death benefits (travel insurance, for example) is not group-term life insurance. 2010 form 1040 Former employer. 2010 form 1040   If your former employer provided more than $50,000 of group-term life insurance coverage during the year, the amount included in your income is reported as wages in box 1 of Form W-2. 2010 form 1040 Also, it is shown separately in box 12 with code C. 2010 form 1040 Box 12 also will show the amount of uncollected social security and Medicare taxes on the excess coverage, with codes M and N. 2010 form 1040 You must pay these taxes with your income tax return. 2010 form 1040 Include them on line 60, Form 1040, and follow the instructions forline 60. 2010 form 1040 For more information, see the Instructions for Form 1040. 2010 form 1040 Two or more employers. 2010 form 1040   Your exclusion for employer-provided group-term life insurance coverage cannot exceed the cost of $50,000 of coverage, whether the insurance is provided by a single employer or multiple employers. 2010 form 1040 If two or more employers provide insurance coverage that totals more than $50,000, the amounts reported as wages on your Forms W-2 will not be correct. 2010 form 1040 You must figure how much to include in your income. 2010 form 1040 Reduce the amount you figure by any amount reported with code C in box 12 of your Forms W-2, add the result to the wages reported in box 1, and report the total on your return. 2010 form 1040 Figuring the taxable cost. 2010 form 1040    Use the following worksheet to figure the amount to include in your income. 2010 form 1040   If you pay any part of the cost of the insurance, your entire payment reduces, dollar for dollar, the amount you otherwise would include in your income. 2010 form 1040 However, you cannot reduce the amount to include in your income by: Payments for coverage in a different tax year, Payments for coverage through a cafeteria plan, unless the payments are after-tax contributions, or Payments for coverage not taxed to you because of the exceptions discussed later under Entire cost excluded . 2010 form 1040 Worksheet 1. 2010 form 1040 Figuring the Cost of Group-Term Life Insurance To Include in Income 1. 2010 form 1040 Enter the total amount of your insurance coverage from your employer(s) 1. 2010 form 1040   2. 2010 form 1040 Limit on exclusion for employer-provided group-term life insurance coverage 2. 2010 form 1040 50,000 3. 2010 form 1040 Subtract line 2 from line 1 3. 2010 form 1040   4. 2010 form 1040 Divide line 3 by $1,000. 2010 form 1040 Figure to the nearest tenth 4. 2010 form 1040   5. 2010 form 1040 Go to Table 1. 2010 form 1040 Using your age on the last day of the tax year, find your age group in the left column, and enter the cost from the column on the right for your age group 5. 2010 form 1040   6. 2010 form 1040 Multiply line 4 by line 5 6. 2010 form 1040     7. 2010 form 1040 Enter the number of full months of coverage at this cost 7. 2010 form 1040   8. 2010 form 1040 Multiply line 6 by line 7 8. 2010 form 1040   9. 2010 form 1040 Enter the premiums you paid per month 9. 2010 form 1040       10. 2010 form 1040 Enter the number of months you paid the  premiums 10. 2010 form 1040       11. 2010 form 1040 Multiply line 9 by line 10. 2010 form 1040 11. 2010 form 1040   12. 2010 form 1040 Subtract line 11 from line 8. 2010 form 1040 Include this amount in your income as wages 12. 2010 form 1040   Table 1. 2010 form 1040 Cost of $1,000 of Group-Term Life Insurance for One Month   Age Cost     Under 25 $ . 2010 form 1040 05     25 through 29 . 2010 form 1040 06     30 through 34 . 2010 form 1040 08     35 through 39 . 2010 form 1040 09     40 through 44 . 2010 form 1040 10     45 through 49 . 2010 form 1040 15     50 through 54 . 2010 form 1040 23     55 through 59 . 2010 form 1040 43     60 through 64 . 2010 form 1040 66     65 through 69 1. 2010 form 1040 27     70 and older 2. 2010 form 1040 06   Example. 2010 form 1040 You are 51 years old and work for employers A and B. 2010 form 1040 Both employers provide group-term life insurance coverage for you for the entire year. 2010 form 1040 Your coverage is $35,000 with employer A and $45,000 with employer B. 2010 form 1040 You pay premiums of $4. 2010 form 1040 15 a month under the employer B group plan. 2010 form 1040 You figure the amount to include in your income as follows. 2010 form 1040   Worksheet 1. 2010 form 1040 Figuring the Cost of Group-Term Life Insurance To Include in Income—Illustrated 1. 2010 form 1040 Enter the total amount of your insurance coverage from your employer(s) 1. 2010 form 1040 80,000 2. 2010 form 1040 Limit on exclusion for employer-provided group-term life insurance coverage 2. 2010 form 1040 50,000 3. 2010 form 1040 Subtract line 2 from line 1 3. 2010 form 1040 30,000 4. 2010 form 1040 Divide line 3 by $1,000. 2010 form 1040 Figure to the nearest tenth 4. 2010 form 1040 30. 2010 form 1040 0 5. 2010 form 1040 Go to Table 1. 2010 form 1040 Using your age on the last day of the tax year, find your age group in the left column, and enter the cost from the column on the right for your age group 5. 2010 form 1040 . 2010 form 1040 23 6. 2010 form 1040 Multiply line 4 by line 5 6. 2010 form 1040 6. 2010 form 1040 90 7. 2010 form 1040 Enter the number of full months of coverage at this cost. 2010 form 1040 7. 2010 form 1040 12 8. 2010 form 1040 Multiply line 6 by line 7 8. 2010 form 1040 82. 2010 form 1040 80 9. 2010 form 1040 Enter the premiums you paid per month 9. 2010 form 1040 4. 2010 form 1040 15     10. 2010 form 1040 Enter the number of months you paid the premiums 10. 2010 form 1040 12     11. 2010 form 1040 Multiply line 9 by line 10. 2010 form 1040 11. 2010 form 1040 49. 2010 form 1040 80 12. 2010 form 1040 Subtract line 11 from line 8. 2010 form 1040 Include this amount in your income as wages 12. 2010 form 1040 33. 2010 form 1040 00 The total amount to include in income for the cost of excess group-term life insurance is $33. 2010 form 1040 Neither employer provided over $50,000 insurance coverage, so the wages shown on your Forms W-2 do not include any part of that $33. 2010 form 1040 You must add it to the wages shown on your Forms W-2 and include the total on your return. 2010 form 1040 Entire cost excluded. 2010 form 1040   You are not taxed on the cost of group-term life insurance if any of the following circumstances apply. 2010 form 1040 You are permanently and totally disabled and have ended your employment. 2010 form 1040 Your employer is the beneficiary of the policy for the entire period the insurance is in force during the tax year. 2010 form 1040 A charitable organization to which contributions are deductible is the only beneficiary of the policy for the entire period the insurance is in force during the tax year. 2010 form 1040 (You are not entitled to a deduction for a charitable contribution for naming a charitable organization as the beneficiary of your policy. 2010 form 1040 ) The plan existed on January 1, 1984, and: You retired before January 2, 1984, and were covered by the plan when you retired, or You reached age 55 before January 2, 1984, and were employed by the employer or its predecessor in 1983. 2010 form 1040 Entire cost taxed. 2010 form 1040   You are taxed on the entire cost of group-term life insurance if either of the following circumstances apply. 2010 form 1040 The insurance is provided by your employer through a qualified employees' trust, such as a pension trust or a qualified annuity plan. 2010 form 1040 You are a key employee and your employer's plan discriminates in favor of key employees. 2010 form 1040 Meals and Lodging You do not include in your income the value of meals and lodging provided to you and your family by your employer at no charge if the following conditions are met. 2010 form 1040 The meals are: Furnished on the business premises of your employer, and Furnished for the convenience of your employer. 2010 form 1040 The lodging is: Furnished on the business premises of your employer, Furnished for the convenience of your employer, and A condition of your employment. 2010 form 1040 (You must accept it in order to be able to properly perform your duties. 2010 form 1040 ) You also do not include in your income the value of meals or meal money that qualifies as a de minimis fringe benefit. 2010 form 1040 See De Minimis (Minimal) Benefits , earlier. 2010 form 1040 Faculty lodging. 2010 form 1040   If you are an employee of an educational institution or an academic health center and you are provided with lodging that does not meet the three conditions given earlier, you still may not have to include the value of the lodging in income. 2010 form 1040 However, the lodging must be qualified campus lodging, and you must pay an adequate rent. 2010 form 1040 Academic health center. 2010 form 1040   This is an organization that meets the following conditions. 2010 form 1040 Its principal purpose or function is to provide medical or hospital care or medical education or research. 2010 form 1040 It receives payments for graduate medical education under the Social Security Act. 2010 form 1040 One of its principal purposes or functions is to provide and teach basic and clinical medical science and research using its own faculty. 2010 form 1040 Qualified campus lodging. 2010 form 1040   Qualified campus lodging is lodging furnished to you, your spouse, or one of your dependents by, or on behalf of, the institution or center for use as a home. 2010 form 1040 The lodging must be located on or near a campus of the educational institution or academic health center. 2010 form 1040 Adequate rent. 2010 form 1040   The amount of rent you pay for the year for qualified campus lodging is considered adequate if it is at least equal to the lesser of: 5% of the appraised value of the lodging, or The average of rentals paid by individuals (other than employees or students) for comparable lodging held for rent by the educational institution. 2010 form 1040 If the amount you pay is less than the lesser of these amounts, you must include the difference in your income. 2010 form 1040   The lodging must be appraised by an independent appraiser and the appraisal must be reviewed on an annual basis. 2010 form 1040 Example. 2010 form 1040 Carl Johnson, a sociology professor for State University, rents a home from the university that is qualified campus lodging. 2010 form 1040 The house is appraised at $200,000. 2010 form 1040 The average rent paid for comparable university lodging by persons other than employees or students is $14,000 a year. 2010 form 1040 Carl pays an annual rent of $11,000. 2010 form 1040 Carl does not include in his income any rental value because the rent he pays equals at least 5% of the appraised value of the house (5% × $200,000 = $10,000). 2010 form 1040 If Carl paid annual rent of only $8,000, he would have to include $2,000 in his income ($10,000 − $8,000). 2010 form 1040 Moving Expense Reimbursements In most cases, if your employer pays for your moving expenses (either directly or indirectly) and the expenses would have been deductible if you paid them yourself, the value is not included in your income. 2010 form 1040 See Publication 521 for more information. 2010 form 1040 No-Additional-Cost Services The value of services you receive from your employer for free, at cost, or for a reduced price is not included in your income if your employer: Offers the same service for sale to customers in the ordinary course of the line of business in which you work, and Does not have a substantial additional cost (including any sales income given up) to provide you with the service (regardless of what you paid for the service). 2010 form 1040 In most cases, no-additional-cost services are excess capacity services, such as airline, bus, or train tickets, hotel rooms, and telephone services. 2010 form 1040 Example. 2010 form 1040 You are employed as a flight attendant for a company that owns both an airline and a hotel chain. 2010 form 1040 Your employer allows you to take personal flights (if there is an unoccupied seat) and stay in any one of their hotels (if there is an unoccupied room) at no cost to you. 2010 form 1040 The value of the personal flight is not included in your income. 2010 form 1040 However, the value of the hotel room is included in your income because you do not work in the hotel business. 2010 form 1040 Retirement Planning Services If your employer has a qualified retirement plan, qualified retirement planning services provided to you (and your spouse) by your employer are not included in your income. 2010 form 1040 Qualified services include retirement planning advice, information about your employer's retirement plan, and information about how the plan may fit into your overall individual retirement income plan. 2010 form 1040 You cannot exclude the value of any tax preparation, accounting, legal, or brokerage services provided by your employer. 2010 form 1040 Also, see Financial Counseling Fees , earlier. 2010 form 1040 Transportation If your employer provides you with a qualified transportation fringe benefit, it can be excluded from your income, up to certain limits. 2010 form 1040 A qualified transportation fringe benefit is: Transportation in a commuter highway vehicle (such as a van) between your home and work place, A transit pass, Qualified parking, or Qualified bicycle commuting reimbursement. 2010 form 1040 Cash reimbursement by your employer for these expenses under a bona fide reimbursement arrangement is also excludable. 2010 form 1040 However, cash reimbursement for a transit pass is excludable only if a voucher or similar item that can be exchanged only for a transit pass is not readily available for direct distribution to you. 2010 form 1040 Exclusion limit. 2010 form 1040   The exclusion for commuter vehicle transportation and transit pass fringe benefits cannot be more than $245 a month. 2010 form 1040   The exclusion for the qualified parking fringe benefit cannot be more than $245 a month. 2010 form 1040   The exclusion for qualified bicycle commuting in a calendar year is $20 multiplied by the number of qualified bicycle commuting months that year. 2010 form 1040   If the benefits have a value that is more than these limits, the excess must be included in your income. 2010 form 1040 You are not entitled to these exclusions if the reimbursements are made under a compensation reduction agreement. 2010 form 1040 Commuter highway vehicle. 2010 form 1040   This is a highway vehicle that seats at least six adults (not including the driver). 2010 form 1040 At least 80% of the vehicle's mileage must reasonably be expected to be: For transporting employees between their homes and work place, and On trips during which employees occupy at least half of the vehicle's adult seating capacity (not including the driver). 2010 form 1040 Transit pass. 2010 form 1040   This is any pass, token, farecard, voucher, or similar item entitling a person to ride mass transit (whether public or private) free or at a reduced rate or to ride in a commuter highway vehicle operated by a person in the business of transporting persons for compensation. 2010 form 1040 Qualified parking. 2010 form 1040   This is parking provided to an employee at or near the employer's place of business. 2010 form 1040 It also includes parking provided on or near a location from which the employee commutes to work by mass transit, in a commuter highway vehicle, or by carpool. 2010 form 1040 It does not include parking at or near the employee's home. 2010 form 1040 Qualified bicycle commuting. 2010 form 1040   This is reimbursement based on the number of qualified bicycle commuting months for the year. 2010 form 1040 A qualified bicycle commuting month is any month you use the bicycle regularly for a substantial portion of the travel between your home and place of employment and you do not receive any of the other qualified transportation fringe benefits. 2010 form 1040 The reimbursement can be for expenses you incurred during the year for the purchase of a bicycle and bicycle improvements, repair, and storage. 2010 form 1040 Tuition Reduction You can exclude a qualified tuition reduction from your income. 2010 form 1040 This is the amount of a reduction in tuition: For education (below graduate level) furnished by an educational institution to an employee, former employee who retired or became disabled, or his or her spouse and dependent children. 2010 form 1040 For education furnished to a graduate student at an educational institution if the graduate student is engaged in teaching or research activities for that institution. 2010 form 1040 Representing payment for teaching, research, or other services if you receive the amount under the National Health Service Corps Scholarship Program or the Armed Forces Health Professions Scholarship and Financial Assistance program. 2010 form 1040 For more information, see Publication 970. 2010 form 1040 Working Condition Benefits If your employer provides you with a product or service and the cost of it would have been allowable as a business or depreciation deduction if you paid for it yourself, the cost is not included in your income. 2010 form 1040 Example. 2010 form 1040 You work as an engineer and your employer provides you with a subscription to an engineering trade magazine. 2010 form 1040 The cost of the subscription is not included in your income because the cost would have been allowable to you as a business deduction if you had paid for the subscription yourself. 2010 form 1040 Valuation of Fringe Benefits If a fringe benefit is included in your income, the amount included is generally its value determined under the general valuation rule or under the special valuation rules. 2010 form 1040 For an exception, see Group-Term Life Insurance , earlier. 2010 form 1040 General valuation rule. 2010 form 1040   You must include in your income the amount by which the fair market value of the fringe benefit is more than the sum of: The amount, if any, you paid for the benefit, plus The amount, if any, specifically excluded from your income by law. 2010 form 1040 If you pay fair market value for a fringe benefit, no amount is included in your income. 2010 form 1040 Fair market value. 2010 form 1040   The fair market value of a fringe benefit is determined by all the facts and circumstances. 2010 form 1040 It is the amount you would have to pay a third party to buy or lease the benefit. 2010 form 1040 This is determined without regard to: Your perceived value of the benefit, or The amount your employer paid for the benefit. 2010 form 1040 Employer-provided vehicles. 2010 form 1040   If your employer provides a car (or other highway motor vehicle) to you, your personal use of the car is usually a taxable noncash fringe benefit. 2010 form 1040   Under the general valuation rules, the value of an employer-provided vehicle is the amount you would have to pay a third party to lease the same or a similar vehicle on the same or comparable terms in the same geographic area where you use the vehicle. 2010 form 1040 An example of a comparable lease term is the amount of time the vehicle is available for your use, such as a 1-year period. 2010 form 1040 The value cannot be determined by multiplying a cents-per-mile rate times the number of miles driven unless you prove the vehicle could have been leased on a cents-per-mile basis. 2010 form 1040 Flights on employer-provided aircraft. 2010 form 1040   Under the general valuation rules, if your flight on an employer-provided piloted aircraft is primarily personal and you control the use of the aircraft for the flight, the value is the amount it would cost to charter the flight from a third party. 2010 form 1040   If there is more than one employee on the flight, the cost to charter the aircraft must be divided among those employees. 2010 form 1040 The division must be based on all the facts, including which employee or employees control the use of the aircraft. 2010 form 1040 Special valuation rules. 2010 form 1040   You generally can use a special valuation rule for a fringe benefit only if your employer uses the rule. 2010 form 1040 If your employer uses a special valuation rule, you cannot use a different special rule to value that benefit. 2010 form 1040 You always can use the general valuation rule discussed earlier, based on facts and circumstances, even if your employer uses a special rule. 2010 form 1040   If you and your employer use a special valuation rule, you must include in your income the amount your employer determines under the special rule minus the sum of: Any amount you repaid your employer, plus Any amount specifically excluded from income by law. 2010 form 1040 The special valuation rules are the following. 2010 form 1040 The automobile lease rule. 2010 form 1040 The vehicle cents-per-mile rule. 2010 form 1040 The commuting rule. 2010 form 1040 The unsafe conditions commuting rule. 2010 form 1040 The employer-operated eating-facility rule. 2010 form 1040   For more information on these rules, see Publication 15-B, Employer's Tax Guide to Fringe Benefits. 2010 form 1040    For information on the non-commercial flight and commercial flight valuation rules, see sections 1. 2010 form 1040 61-21(g) and 1. 2010 form 1040 61-21(h) of the regulations. 2010 form 1040 Retirement Plan Contributions Your employer's contributions to a qualified retirement plan for you are not included in income at the time contributed. 2010 form 1040 (Your employer can tell you whether your retirement plan is qualified. 2010 form 1040 ) However, the cost of life insurance coverage included in the plan may have to be included. 2010 form 1040 See Group-Term Life Insurance , earlier, under Fringe Benefits. 2010 form 1040 If your employer pays into a nonqualified plan for you, you generally must include the contributions in your income as wages for the tax year in which the contributions are made. 2010 form 1040 However, if your interest in the plan is not transferable or is subject to a substantial risk of forfeiture (you have a good chance of losing it) at the time of the contribution, you do not have to include the value of your interest in your income until it is transferable or is no longer subject to a substantial risk of forfeiture. 2010 form 1040 For information on distributions from retirement plans, see Publication 575 (or Publication 721, Tax Guide to U. 2010 form 1040 S. 2010 form 1040 Civil Service Retirement Benefits, if you are a federal employee or retiree). 2010 form 1040 Elective Deferrals If you are covered by certain kinds of retirement plans, you can choose to have part of your compensation contributed by your employer to a retirement fund, rather than have it paid to you. 2010 form 1040 The amount you set aside (called an elective deferral) is treated as an employer contribution to a qualified plan. 2010 form 1040 An elective deferral, other than a designated Roth contribution (discussed later), is not included in wages subject to income tax at the time contributed. 2010 form 1040 However, it is included in wages subject to social security and Medicare taxes. 2010 form 1040 Elective deferrals include elective contributions to the following retirement plans. 2010 form 1040 Cash or deferred arrangements (section 401(k) plans). 2010 form 1040 The Thrift Savings Plan for federal employees. 2010 form 1040 Salary reduction simplified employee pension plans (SARSEP). 2010 form 1040 Savings incentive match plans for employees (SIMPLE plans). 2010 form 1040 Tax-sheltered annuity plans (403(b) plans). 2010 form 1040 Section 501(c)(18)(D) plans. 2010 form 1040 (But see Reporting by employer , later. 2010 form 1040 ) Section 457 plans. 2010 form 1040 Qualified automatic contribution arrangements. 2010 form 1040   Under a qualified automatic contribution arrangement, your employer can treat you as having elected to have a part of your compensation contributed to a section 401(k) plan. 2010 form 1040 You are to receive written notice of your rights and obligations under the qualified automatic contribution arrangement. 2010 form 1040 The notice must explain: Your rights to elect not to have elective contributions made, or to have contributions made at a different percentage, and How contributions made will be invested in the absence of any investment decision by you. 2010 form 1040   You must be given a reasonable period of time after receipt of the notice and before the first elective contribution is made to make an election with respect to the contributions. 2010 form 1040 Overall limit on deferrals. 2010 form 1040   For 2013, in most cases, you should not have deferred more than a total of $17,500 of contributions to the plans listed in (1) through (3), earlier. 2010 form 1040 The specific plan limits for the plans listed in (4) through (7), earlier, are discussed later. 2010 form 1040 Amounts deferred under specific plan limits are part of the overall limit on deferrals. 2010 form 1040   Your employer or plan administrator should apply the proper annual limit when figuring your plan contributions. 2010 form 1040 However, you are responsible for monitoring the total you defer to ensure that the deferrals are not more than the overall limit. 2010 form 1040 Catch-up contributions. 2010 form 1040   You may be allowed catch-up contributions (additional elective deferrals) if you are age 50 or older by the end of your tax year. 2010 form 1040 For more information about catch-up contributions to 403(b) plans, see chapter 6 of Publication 571, Tax Sheltered Annuity Plans. 2010 form 1040   For more information about additional elective deferrals to: SEPs (SARSEPs), see Salary Reduction Simplified Employee Pension in chapter 2 of Publication 560, Retirement Plans for Small Business. 2010 form 1040 SIMPLE plans, see How Much Can Be Contributed on Your Behalf? in chapter 3 of Publication 590. 2010 form 1040 Section 457 plans, see Limit for deferrals under section 457 plans , later. 2010 form 1040 Limit for deferrals under SIMPLE plans. 2010 form 1040   If you are a participant in a SIMPLE plan, you generally should not have deferred more than $12,000 in 2013. 2010 form 1040 Amounts you defer under a SIMPLE plan count toward the overall limit ($17,500 for 2013) and may affect the amount you can defer under other elective deferral plans. 2010 form 1040 Limit for tax-sheltered annuities. 2010 form 1040   If you are a participant in a tax-sheltered annuity plan (403(b) plan), the limit on elective deferrals for 2013 generally is $17,500. 2010 form 1040 However, if you have at least 15 years of service with a public school system, a hospital, a home health service agency, a health and welfare service agency, a church, or a convention or association of churches (or associated organization), the limit on elective deferrals is increased by the least of the following amounts. 2010 form 1040 $3,000, $15,000, reduced by the sum of: The additional pre-tax elective deferrals made in earlier years because of this rule, plus The aggregate amount of designated Roth contributions permitted for prior tax years because of this rule, or $5,000 times the number of your years of service for the organization, minus the total elective deferrals made by your employer on your behalf for earlier years. 2010 form 1040   If you qualify for the 15-year rule, your elective deferrals under this limit can be as high as $20,500 for 2013. 2010 form 1040   For more information, see Publication 571. 2010 form 1040 Limit for deferral under section 501(c)(18) plans. 2010 form 1040   If you are a participant in a section 501(c)(18) plan (a trust created before June 25, 1959, funded only by employee contributions), you should have deferred no more than the lesser of $7,000 or 25% of your compensation. 2010 form 1040 Amounts you defer under a section 501(c)(18) plan count toward the overall limit ($17,500 in 2013) and may affect the amount you can defer under other elective deferral plans. 2010 form 1040 Limit for deferrals under section 457 plans. 2010 form 1040   If you are a participant in a section 457 plan (a deferred compensation plan for employees of state or local governments or tax-exempt organizations), you should have deferred no more than the lesser of your includible compensation or $17,500 in 2013. 2010 form 1040 However, if you are within 3 years of normal retirement age, you may be allowed an increased limit if the plan allows it. 2010 form 1040 See Increased limit , later. 2010 form 1040 Includible compensation. 2010 form 1040   This is the pay you received for the year from the employer who maintained the section 457 plan. 2010 form 1040 In most cases, it includes all the following payments. 2010 form 1040 Wages and salaries. 2010 form 1040 Fees for professional services. 2010 form 1040 The value of any employer-provided qualified transportation fringe benefit (defined under Transportation , earlier) that is not included in your income. 2010 form 1040 Other amounts received (cash or noncash) for personal services you performed, including, but not limited to, the following items. 2010 form 1040 Commissions and tips. 2010 form 1040 Fringe benefits. 2010 form 1040 Bonuses. 2010 form 1040 Employer contributions (elective deferrals) to: The section 457 plan. 2010 form 1040 Qualified cash or deferred arrangements (section 401(k) plans) that are not included in your income. 2010 form 1040 A salary reduction simplified employee pension (SARSEP). 2010 form 1040 A tax-sheltered annuity (section 403(b) plan). 2010 form 1040 A savings incentive match plan for employees (SIMPLE plan). 2010 form 1040 A section 125 cafeteria plan. 2010 form 1040   Instead of using the amounts listed earlier to determine your includible compensation, your employer can use any of the following amounts. 2010 form 1040 Your wages as defined for income tax withholding purposes. 2010 form 1040 Your wages as reported in box 1 of Form W-2. 2010 form 1040 Your wages that are subject to social security withholding (including elective deferrals). 2010 form 1040 Increased limit. 2010 form 1040   During any, or all, of the last 3 years ending before you reach normal retirement age under the plan, your plan may provide that your limit is the lesser of: Twice the annual limit ($35,000 for 2013), or The basic annual limit plus the amount of the basic limit not used in prior years (only allowed if not using age 50 or over catch-up contributions). 2010 form 1040 Catch-up contributions. 2010 form 1040   You generally can have additional elective deferrals made to your governmental section 457 plan if: You reached age 50 by the end of the year, and No other elective deferrals can be made for you to the plan for the year because of limits or restrictions. 2010 form 1040 If you qualify, your limit can be the lesser of your includible compensation or $17,500, plus $5,500. 2010 form 1040 However, if you are within 3 years of retirement age and your plan provides the increased limit, discussed earlier, that limit may be higher. 2010 form 1040 Designated Roth contributions. 2010 form 1040   Employers with section 401(k) and section 403(b) plans can create qualified Roth contribution programs so that you may elect to have part or all of your elective deferrals to the plan designated as after-tax Roth contributions. 2010 form 1040 Designated Roth contributions are treated as elective deferrals, except that they are included in income. 2010 form 1040 Your retirement plan must maintain separate accounts and recordkeeping for the designated Roth contributions. 2010 form 1040   Qualified distributions from a Roth plan are not included in income. 2010 form 1040 In most cases, a distribution made before the end of the 5-tax-year period beginning with the first tax year for which you made a designated Roth contribution to the plan is not a qualified distribution. 2010 form 1040 Reporting by employer. 2010 form 1040   Your employer generally should not include elective deferrals in your wages in box 1 of Form W-2. 2010 form 1040 Instead, your employer should mark the Retirement plan checkbox in box 13 and show the total amount deferred in box 12. 2010 form 1040 Section 501(c)(18)(D) contributions. 2010 form 1040   Wages shown in box 1 of your Form W-2 should not have been reduced for contributions you made to a section 501(c)(18)(D) retirement plan. 2010 form 1040 The amount you contributed should be identified with code “H” in box 12. 2010 form 1040 You may deduct the amount deferred subject to the limits that apply. 2010 form 1040 Include your deduction in the total on Form 1040, line 36. 2010 form 1040 Enter the amount and “501(c)(18)(D)” on the dotted line next to line 36. 2010 form 1040 Designated Roth contributions. 2010 form 1040    These contributions are elective deferrals but are included in your wages in box 1 of Form W-2. 2010 form 1040 Designated Roth contributions to a section 401(k) plan are reported using code AA in box 12, or, for section 403(b) plans, code BB in box 12. 2010 form 1040 Excess deferrals. 2010 form 1040   If your deferrals exceed the limit, you must notify your plan by the date required by the plan. 2010 form 1040 If the plan permits, the excess amount will be distributed to you. 2010 form 1040 If you participate in more than one plan, you can have the excess paid out of any of the plans that permit these distributions. 2010 form 1040 You must notify each plan by the date required by that plan of the amount to be paid from that particular plan. 2010 form 1040 The plan then must pay you the amount of the excess, along with any income earned on that amount, by April 15 of the following year. 2010 form 1040   You must include the excess deferral in your income for the year of the deferral unless you have an excess deferral of a designated Roth contribution. 2010 form 1040 File Form 1040 to add the excess deferral amount to your wages on line 7. 2010 form 1040 Do not use Form 1040A or Form 1040EZ to report excess deferral amounts. 2010 form 1040 Excess not distributed. 2010 form 1040   If you do not take out the excess amount, you cannot include it in the cost of the contract even though you included it in your income. 2010 form 1040 Therefore, you are taxed twice on the excess deferral left in the plan—once when you contribute it, and again when you receive it as a distribution. 2010 form 1040 Excess distributed to you. 2010 form 1040   If you take out the excess after the year of the deferral and you receive the corrective distribution by April 15 of the following year, do not include it in income again in the year you receive it. 2010 form 1040 If you receive it later, you must include it in income in both the year of the deferral and the year you receive it. 2010 form 1040 Any income on the excess deferral taken out is taxable in the tax year in which you take it out. 2010 form 1040 If you take out part of the excess deferral and the income on it, allocate the distribution proportionately between the excess deferral and the income. 2010 form 1040    You should receive a Form 1099-R for the year in which the excess deferral is distributed to you. 2010 form 1040 Use the following rules to report a corrective distribution shown on Form 1099-R for 2013. 2010 form 1040 If the distribution was for a 2013 excess deferral, your Form 1099-R should have the code “8” in box 7. 2010 form 1040 Add the excess deferral amount to your wages on your 2013 tax return. 2010 form 1040 If the distribution was for a 2013 excess deferral to a designated Roth account, your Form 1099-R should have code “B” in box 7. 2010 form 1040 Do not add this amount to your wages on your 2013 return. 2010 form 1040 If the distribution was for a 2012 excess deferral, your Form 1099-R should have the code “P” in box 7. 2010 form 1040 If you did not add the excess deferral amount to your wages on your 2012 tax return, you must file an amended return on Form 1040X, Amended U. 2010 form 1040 S. 2010 form 1040 Individual Income Tax Return. 2010 form 1040 If you did not receive the distribution by April 15, 2013, you also must add it to your wages on your 2013 tax return. 2010 form 1040 If the distribution was for the income earned on an excess deferral, your Form 1099-R should have the code “8” in box 7. 2010 form 1040 Add the income amount to your wages on your 2013 income tax return, regardless of when the excess deferral was made. 2010 form 1040 Report a loss on a corrective distribution of an excess deferral in the year the excess amount (reduced by the loss) is distributed to you. 2010 form 1040 Include the loss as a negative amount on Form 1040, line 21 and identify it as “Loss on Excess Deferral Distribution. 2010 form 1040 ”    Even though a corrective distribution of excess deferrals is reported on Form 1099-R, it is not otherwise treated as a distribution from the plan. 2010 form 1040 It cannot be rolled over into another plan, and it is not subject to the additional tax on early distributions. 2010 form 1040 Excess Contributions If you are a highly compensated employee, the total of your elective deferrals and other contributions made for you for any year under a section 401(k) plan or SARSEP can be, as a percentage of pay, no more than 125% of the average deferral percentage (ADP) of all eligible non-highly compensated employees. 2010 form 1040 If the total contributed to the plan is more than the amount allowed under the ADP test, the excess contributions must be either distributed to you or recharacterized as after-tax employee contributions by treating them as distributed to you and then contributed by you to the plan. 2010 form 1040 You must include the excess contributions in your income as wages on Form 1040, line 7. 2010 form 1040 You cannot use Form 1040A or Form 1040EZ to report excess contribution amounts. 2010 form 1040 If you receive a corrective distribution of excess contributions (and allocable income), it is included in your income in the year of the distribution. 2010 form 1040 The allocable income is the amount of gain or loss through the end of the plan year for which the contribution was made that is allocable to the excess contributions. 2010 form 1040 You should receive a Form 1099-R for the year the excess contributions are distributed to you. 2010 form 1040 Add the distribution to your wages for that year. 2010 form 1040 Even though a corrective distribution of excess contributions is reported on Form 1099-R, it is not otherwise treated as a distribution from the plan. 2010 form 1040 It cannot be rolled over into another plan, and it is not subject to the additional tax on early distributions. 2010 form 1040 Excess Annual Additions The amount contributed in 2013 to a defined contribution plan is generally limited to the lesser of 100% of your compensation or $51,000. 2010 form 1040 Under certain circumstances, contributions that exceed these limits (excess annual additions) may be corrected by a distribution of your elective deferrals or a return of your after-tax contributions and earnings from these contributions. 2010 form 1040 A corrective payment of excess annual additions consisting of elective deferrals or earnings from your after-tax contributions is fully taxable in the year paid. 2010 form 1040 A corrective payment consisting of your after-tax contributions is not taxable. 2010 form 1040 If you received a corrective payment of excess annual additions, you should receive a separate Form 1099-R for the year of the payment with the code “E” in box 7. 2010 form 1040 Report the total payment shown in box 1 of Form 1099-R on line 16a of Form 1040 or line 12a of Form 1040A. 2010 form 1040 Report the taxable amount shown in box 2a of Form 1099-R on line 16b of Form 1040 or line 12b of Form 1040A. 2010 form 1040 Even though a corrective distribution of excess annual additions is reported on Form 1099-R, it is not otherwise treated as a distribution from the plan. 2010 form 1040 It cannot be rolled over into another plan, and it is not subject to the additional tax on early distributions. 2010 form 1040 Stock Options If you receive an option to buy or sell stock or other property as payment for your services, you may have income when you receive the option (the grant), when you exercise the option (use it to buy or sell the stock or other property), or when you sell or otherwise dispose of the option or property acquired through exercise of the option. 2010 form 1040 The timing, type, and amount of income inclusion depend on whether you receive a nonstatutory stock option or a statutory stock option. 2010 form 1040 Your employer can tell you which kind of option you hold. 2010 form 1040 Nonstatutory Stock Options Grant of option. 2010 form 1040   If you are granted a nonstatutory stock option, you may have income when you receive the option. 2010 form 1040 The amount of income to include and the time to include it depend on whether the fair market value of the option can be readily determined. 2010 form 1040 The fair market value of an option can be readily determined if it is actively traded on an established market. 2010 form 1040    The fair market value of an option that is not traded on an established market can be readily determined only if all of the following conditions exist. 2010 form 1040 You can transfer the option. 2010 form 1040 You can exercise the option immediately in full. 2010 form 1040 The option or the property subject to the option is not subject to any condition or restriction (other than a condition to secure payment of the purchase price) that has a significant effect on the fair market value of the option. 2010 form 1040 The fair market value of the option privilege can be readily determined. 2010 form 1040 The option privilege for an option to buy is the opportunity to benefit during the option's exercise period from any increase in the value of property subject to the option without risking any capital. 2010 form 1040 For example, if during the exercise period the fair market value of stock subject to an option is greater than the option's exercise price, a profit may be realized by exercising the option and immediately selling the stock at its higher value. 2010 form 1040 The option privilege for an option to sell is the opportunity to benefit during the exercise period from a decrease in the value of the property subject to the option. 2010 form 1040 If you or a member of your family is an officer, director, or more-than-10% owner of an expatriated corporation, you may owe an excise tax on the value of nonstatutory options and other stock-based compensation from that corporation. 2010 form 1040 For more information on the excise tax, see Internal Revenue Code section 4985. 2010 form 1040 Option with readily determinable value. 2010 form 1040   If you receive a nonstatutory stock option that has a readily determinable fair market value at the time it is granted to you, the option is treated like other property received as compensation. 2010 form 1040 See Restricted Property , later, for rules on how much income to include and when to include it. 2010 form 1040 However, the rule described in that discussion for choosing to include the value of property in your income for the year of the transfer does not apply to a nonstatutory option. 2010 form 1040 Option without readily determinable value. 2010 form 1040   If the fair market value of the option is not readily determinable at the time it is granted to you (even if it is determined later), you do not have income until you exercise or transfer the option. 2010 form 1040    Exercise or transfer of option. 2010 form 1040   When you exercise a nonstatutory stock option, the amount to include in your income depends on whether the option had a readily determinable value. 2010 form 1040 Option with readily determinable value. 2010 form 1040   When you exercise a nonstatutory stock option that had a readily determinable value at the time the option was granted, you do not have to include any amount in income. 2010 form 1040 Option without readily determinable value. 2010 form 1040   When you exercise a nonstatutory stock option that did not have a readily determinable value at the time the option was granted, the restricted prope
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The 2010 Form 1040

2010 form 1040 Publication 509 - Introductory Material Table of Contents Future Developments What's New Reminders IntroductionOrdering forms and publications. 2010 form 1040 Tax questions. 2010 form 1040 Background Information for Using the Tax CalendarsElectronic deposit requirement. 2010 form 1040 Legal holidays. 2010 form 1040 Statewide legal holidays. 2010 form 1040 Future Developments For the latest information about developments related to Publication 509, such as legislation enacted after it was published, go to www. 2010 form 1040 irs. 2010 form 1040 gov/pub509. 2010 form 1040 What's New Publication 1518 discontinued after 2013. 2010 form 1040  Publication 1518, IRS Tax Calendar for Small Businesses and Self-Employed, is discontinued after 2013. 2010 form 1040 An IRS Tax Calendar and most of the information previously contained in Publication 1518 can be found at www. 2010 form 1040 irs. 2010 form 1040 gov/taxcalendar. 2010 form 1040 Reminders Photographs of missing children. 2010 form 1040  The Internal Revenue Service is a proud partner with the National Center for Missing and Exploited Children. 2010 form 1040 Photographs of missing children selected by the Center may appear in this publication on pages that would otherwise be blank. 2010 form 1040 You can help bring these children home by looking at the photographs and calling 1-800-THE-LOST (1-800-843-5678) if you recognize a child. 2010 form 1040 Introduction A tax calendar is a 12-month calendar divided into quarters. 2010 form 1040 The calendar gives specific due dates for: Filing tax forms, Paying taxes, and Taking other actions required by federal tax law. 2010 form 1040 What does this publication contain?   This publication contains the following. 2010 form 1040 A section on how to use the tax calendars. 2010 form 1040 Three tax calendars: General Tax Calendar, Employer's Tax Calendar, and Excise Tax Calendar. 2010 form 1040 A table showing the semiweekly deposit due dates for payroll taxes for 2014. 2010 form 1040   Most of the due dates discussed in this publication are also included in the IRS Tax Calendar available at www. 2010 form 1040 irs. 2010 form 1040 gov/taxcalendar. 2010 form 1040 Who should use this publication?   Primarily, employers need to use this publication. 2010 form 1040 However, the General Tax Calendar has important due dates for all businesses and individuals. 2010 form 1040 Anyone who must pay excise taxes may need the Excise Tax Calendar . 2010 form 1040 What are the advantages of using a tax calendar?   The following are advantages of using a calendar. 2010 form 1040 You do not have to figure the due dates yourself. 2010 form 1040 You can file or pay timely and avoid penalties. 2010 form 1040 You do not have to adjust the due dates for Saturdays, Sundays, and legal holidays. 2010 form 1040 You do not have to adjust the due dates for special banking rules if you use the Employer's Tax Calendar or Excise Tax Calendar . 2010 form 1040 Which calendar(s) should I use?   To decide which calendar(s) to use, first look at the General Tax Calendar and highlight the dates that apply to you. 2010 form 1040 If you are an employer, also use the Employer's Tax Calendar . 2010 form 1040 If you must pay excise taxes, use the Excise Tax Calendar . 2010 form 1040 Depending on your situation, you may need to use more than one calendar. 2010 form 1040 Table 1. 2010 form 1040 Useful Publications IF you are. 2010 form 1040 . 2010 form 1040 . 2010 form 1040 THEN you may need. 2010 form 1040 . 2010 form 1040 . 2010 form 1040 An employer • Publication 15 (Circular E), Employer's Tax Guide. 2010 form 1040  • Publication 15-A, Employer's Supplemental Tax Guide. 2010 form 1040  • Publication 15-B, Employer's Tax Guide to Fringe Benefits. 2010 form 1040  • Publication 926, Household Employer's Tax Guide. 2010 form 1040 A farmer • Publication 51 (Circular A), Agricultural Employer's Tax Guide. 2010 form 1040  • Publication 225, Farmer's Tax Guide. 2010 form 1040 An individual • Publication 505, Tax Withholding and Estimated Tax. 2010 form 1040 Required to pay excise taxes • Publication 510, Excise Taxes. 2010 form 1040 What is not in these calendars?   The calendars do not cover the employment or excise tax deposit rules. 2010 form 1040 You can find the deposit rules for employment taxes in Publication 15 (Circular E), Employer's Tax Guide. 2010 form 1040 The deposit rules for excise taxes are in Publication 510, Excise Taxes, and in the Instructions for Form 720, Quarterly Federal Excise Tax Return. 2010 form 1040 In addition, the calendars do not cover filing forms and other requirements for: Estate taxes, Gift taxes, Trusts, Exempt organizations, Certain types of corporations, or Foreign partnerships. 2010 form 1040 What other publications and tax forms will I need?   Table 1 lists other publications you may need to order. 2010 form 1040 Each calendar lists the forms you may need. 2010 form 1040   See How To Get Tax Help near the end of this publication for information about getting publications and forms. 2010 form 1040 Comments and suggestions. 2010 form 1040   We welcome your comments about this publication and your suggestions for future editions. 2010 form 1040   You can write to us at the following address: Internal Revenue Service Tax Forms and Publications Division 1111 Constitution Ave. 2010 form 1040 NW, IR-6526 Washington, DC 20224   We respond to many letters by telephone. 2010 form 1040 Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your correspondence. 2010 form 1040   You can send us comments from www. 2010 form 1040 irs. 2010 form 1040 gov/formspubs. 2010 form 1040 Click on More Information and then click on Comment on Tax Forms and Publications. 2010 form 1040   Although we cannot respond individually to each comment received, we do appreciate your feedback and will consider your comments as we revise our forms and publications. 2010 form 1040 Ordering forms and publications. 2010 form 1040   Visit www. 2010 form 1040 irs. 2010 form 1040 gov/formspubs to download forms and publications, call 1-800-TAX-FORM (1-800-829-3676), or write to the address below and receive a response within 10 days after your request is received. 2010 form 1040 Internal Revenue Service 1201 N. 2010 form 1040 Mitsubishi Motorway Bloomington, IL 61705-6613 Tax questions. 2010 form 1040   If you have a tax question, check the information available on IRS. 2010 form 1040 gov or call 1-800-829-1040. 2010 form 1040 We cannot answer tax questions sent to either of the above addresses. 2010 form 1040 Background Information for Using the Tax Calendars The following brief explanations may be helpful to you in using the tax calendars. 2010 form 1040 IRS e-services make taxes easier. 2010 form 1040   Now more than ever before, businesses can enjoy the benefits of filing and paying their federal taxes electronically. 2010 form 1040 Whether you rely on a tax professional or handle your own taxes, the IRS offers you convenient programs to make taxes easier. 2010 form 1040    You can e-file your Form 1040; certain business tax returns such as Forms 1120, 1120S, and 1065; certain employment tax returns such as Forms 940 and 941; certain excise tax returns such as Forms 720, 2290, and 8849; and Form 1099 and other information returns. 2010 form 1040 Visit www. 2010 form 1040 irs. 2010 form 1040 gov/efile for more information. 2010 form 1040 You can pay taxes online or by phone using the Electronic Federal Tax Payments System (EFTPS). 2010 form 1040 For detailed information about using this free service, see Electronic deposit requirement below. 2010 form 1040   Use these electronic options to make filing and paying taxes easier. 2010 form 1040 For more information on electronic payments, visit the IRS website at www. 2010 form 1040 irs. 2010 form 1040 gov/e-pay. 2010 form 1040 Tax deposits. 2010 form 1040   Some taxes can be paid with the return on which they are reported. 2010 form 1040 However, in many cases, you have to deposit the tax before the due date for filing the return. 2010 form 1040 Tax deposits are figured for periods of time that are shorter than the time period covered by the return. 2010 form 1040 See Publication 15 (Circular E) for the employment tax deposit rules. 2010 form 1040 For the excise tax deposit rules, see Publication 510 or the Instructions for Form 720. 2010 form 1040    Electronic deposit requirement. 2010 form 1040   You must use electronic funds transfer to make all federal tax deposits (such as deposits of employment tax, excise tax, and corporate income tax). 2010 form 1040 Generally, electronic fund transfers are made using the Electronic Federal Tax Payment System (EFTPS). 2010 form 1040 EFTPS is a free service provided by the Department of Treasury. 2010 form 1040 If you do not want to use EFTPS, you can arrange for your tax professional, financial institution, payroll service, or other trusted third party to make electronic deposits on your behalf. 2010 form 1040   To get more information or to enroll in EFTPS, call 1-800-555-4477 (business), 1-800-316-6541 (individual), or 1-800-733-4829 (TDD/TTY). 2010 form 1040 You can also visit the EFTPS website at www. 2010 form 1040 eftps. 2010 form 1040 gov. 2010 form 1040 Additional information about EFTPS is also available in Publication 966, Electronic Federal Tax Payment System: A Guide to Getting Started. 2010 form 1040    If you fail to timely, properly, and in full make your federal tax deposit, you may be subject to a failure-to-deposit penalty. 2010 form 1040 For an EFTPS deposit to be on time, you must initiate the deposit by 8 p. 2010 form 1040 m. 2010 form 1040 Eastern time the day before the date the deposit is due. 2010 form 1040 Saturday, Sunday, or legal holiday. 2010 form 1040   Generally, if a due date for performing any act for tax purposes falls on a Saturday, Sunday, or legal holiday, the act is considered to be performed timely if it is performed no later than the next day that is not a Saturday, Sunday, or legal holiday. 2010 form 1040 The term legal holiday means any legal holiday in the District of Columbia. 2010 form 1040 The calendars provided in this publication make the adjustment for Saturdays, Sundays, and legal holidays. 2010 form 1040 But you must make any adjustments for statewide legal holidays, as discussed next. 2010 form 1040 An exception to this rule for certain excise taxes is noted later under the Excise Tax Calendar. 2010 form 1040 Legal holidays. 2010 form 1040   Legal holidays for 2014 are listed below. 2010 form 1040 January 1— New Year's Day January 20— Birthday of Martin Luther King, Jr. 2010 form 1040 / Inauguration Day February 17— Washington's Birthday April 16— District of Columbia Emancipation Day May 26— Memorial Day July 4— Independence Day September 1— Labor Day October 13— Columbus Day November 11— Veterans Day November 27— Thanksgiving Day December 25— Christmas Day Statewide legal holidays. 2010 form 1040   A statewide legal holiday delays a due date for filing a return only if the IRS office where you are required to file is located in that state. 2010 form 1040 A statewide legal holiday does not delay a due date for making a federal tax deposit. 2010 form 1040 Extended due date for Forms 1098, 1099, and W-2 if filed electronically. 2010 form 1040   If you file Forms 1098, 1099, or W-2 electronically, your due date for filing them with the IRS or the Social Security Administration (SSA) will be extended to March 31. 2010 form 1040   For 2014, the due date for giving the recipient these forms is January 31. 2010 form 1040   For information about filing Forms 1098, 1099, or W-2G electronically, see Publication 1220, Specifications for Filing Forms 1097, 1098, 1099, 3921, 3922, 5498, 8935, and W-2G Electronically. 2010 form 1040 For information about filing Form W-2 electronically with the SSA, visit www. 2010 form 1040 ssa. 2010 form 1040 gov/employer or call 1-800-772-6270. 2010 form 1040 Penalties. 2010 form 1040   Whenever possible, you should take action before the listed due date. 2010 form 1040 If you are late, you may have to pay a penalty as well as interest on any overdue taxes. 2010 form 1040   Be sure to follow all the tax laws that apply to you. 2010 form 1040 In addition to civil penalties, criminal penalties may be imposed for intentionally not paying taxes, for intentionally filing a false return, or for not filing a required return. 2010 form 1040 Use of private delivery services. 2010 form 1040   You can use certain private delivery services designated by the IRS to meet the timely mailing as timely filing/paying rule for tax returns and payments. 2010 form 1040 These private delivery services include only the following. 2010 form 1040 DHL Express (DHL): DHL Same Day Service. 2010 form 1040 Federal Express (FedEx): FedEx Priority Overnight, FedEx Standard Overnight, FedEx 2 Day, FedEx International Priority, and FedEx International First. 2010 form 1040 United Parcel Service (UPS): UPS Next Day Air, UPS Next Day Air Saver, UPS 2nd Day Air, UPS 2nd Day Air A. 2010 form 1040 M. 2010 form 1040 , UPS Worldwide Express Plus, and UPS Worldwide Express. 2010 form 1040   For the IRS mailing address to use if you are using a private delivery service, go to IRS. 2010 form 1040 gov and enter “private delivery service” in the search box. 2010 form 1040   The private delivery service can tell you how to get written proof of the mailing date. 2010 form 1040    The U. 2010 form 1040 S. 2010 form 1040 Postal Service advises that private delivery services cannot deliver items to P. 2010 form 1040 O. 2010 form 1040 boxes. 2010 form 1040 You must use the U. 2010 form 1040 S. 2010 form 1040 Postal Service to mail any item to an IRS P. 2010 form 1040 O. 2010 form 1040 box address. 2010 form 1040 Prev  Up  Next   Home   More Online Publications