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Amend Federal Taxes

Amend federal taxes Publication 542 - Main Content Table of Contents Businesses Taxed as CorporationsPersonal services. Amend federal taxes Employee-owners. Amend federal taxes Other rules. Amend federal taxes Other rules. Amend federal taxes Property Exchanged for StockNonqualified preferred stock. Amend federal taxes Liabilities. Amend federal taxes Election to reduce basis. Amend federal taxes Capital Contributions Filing and Paying Income TaxesIncome Tax Return Penalties Estimated Tax U. Amend federal taxes S. Amend federal taxes Real Property Interest Accounting MethodsSection 481(a) adjustment. Amend federal taxes Accounting Periods Recordkeeping Income, Deductions, and Special ProvisionsCosts of Going Into Business Related Persons Income From Qualifying Shipping Activities Election to Expense Qualified Refinery Property Deduction to Comply With EPA Sulfur Regulations Energy-Efficient Commercial Building Property Deduction Corporate Preference Items Dividends-Received Deduction Extraordinary Dividends Below-Market Loans Charitable Contributions Capital Losses Net Operating Losses At-Risk Limits Passive Activity Limits Figuring TaxTax Rate Schedule Alternative Minimum Tax (AMT) Credits Recapture Taxes Accumulated Earnings Tax Distributions to ShareholdersMoney or Property Distributions Distributions of Stock or Stock Rights Constructive Distributions Reporting Dividends and Other Distributions How To Get Tax Help Businesses Taxed as Corporations The rules you must use to determine whether a business is taxed as a corporation changed for businesses formed after 1996. Amend federal taxes Business formed before 1997. Amend federal taxes   A business formed before 1997 and taxed as a corporation under the old rules will generally continue to be taxed as a corporation. Amend federal taxes Business formed after 1996. Amend federal taxes   The following businesses formed after 1996 are taxed as corporations. Amend federal taxes A business formed under a federal or state law that refers to it as a corporation, body corporate, or body politic. Amend federal taxes A business formed under a state law that refers to it as a joint-stock company or joint-stock association. Amend federal taxes An insurance company. Amend federal taxes Certain banks. Amend federal taxes A business wholly owned by a state or local government. Amend federal taxes A business specifically required to be taxed as a corporation by the Internal Revenue Code (for example, certain publicly traded partnerships). Amend federal taxes Certain foreign businesses. Amend federal taxes Any other business that elects to be taxed as a corporation. Amend federal taxes For example, a limited liability company (LLC) can elect to be treated as an association taxable as a corporation by filing Form 8832, Entity Classification Election. Amend federal taxes For more information about LLCs, see Publication 3402, Taxation of Limited Liability Companies. Amend federal taxes S corporations. Amend federal taxes   Some corporations may meet the qualifications for electing to be S corporations. Amend federal taxes For information on S corporations, see the instructions for Form 1120S, U. Amend federal taxes S. Amend federal taxes Income Tax Return for an S Corporation. Amend federal taxes Personal service corporations. Amend federal taxes   A corporation is a personal service corporation if it meets all of the following requirements. Amend federal taxes Its principal activity during the “testing period” is performing personal services (defined later). Amend federal taxes Generally, the testing period for any tax year is the prior tax year. Amend federal taxes If the corporation has just been formed, the testing period begins on the first day of its tax year and ends on the earlier of: The last day of its tax year, or The last day of the calendar year in which its tax year begins. Amend federal taxes Its employee-owners substantially perform the services in (1), above. Amend federal taxes This requirement is met if more than 20% of the corporation's compensation cost for its activities of performing personal services during the testing period is for personal services performed by employee-owners. Amend federal taxes Its employee-owners own more than 10% of the fair market value of its outstanding stock on the last day of the testing period. Amend federal taxes Personal services. Amend federal taxes   Personal services include any activity performed in the fields of accounting, actuarial science, architecture, consulting, engineering, health (including veterinary services), law, and the performing arts. Amend federal taxes Employee-owners. Amend federal taxes   A person is an employee-owner of a personal service corporation if both of the following apply. Amend federal taxes He or she is an employee of the corporation or performs personal services for, or on behalf of, the corporation (even if he or she is an independent contractor for other purposes) on any day of the testing period. Amend federal taxes He or she owns any stock in the corporation at any time during the testing period. Amend federal taxes Other rules. Amend federal taxes   For other rules that apply to personal service corporations see Accounting Periods, later. Amend federal taxes Closely held corporations. Amend federal taxes   A corporation is closely held if all of the following apply. Amend federal taxes It is not a personal service corporation. Amend federal taxes At any time during the last half of the tax year, more than 50% of the value of its outstanding stock is, directly or indirectly, owned by or for five or fewer individuals. Amend federal taxes “Individual” includes certain trusts and private foundations. Amend federal taxes Other rules. Amend federal taxes   For the at-risk rules that apply to closely held corporations, seeAt-Risk Limits, later. Amend federal taxes Property Exchanged for Stock If you transfer property (or money and property) to a corporation in exchange for stock in that corporation (other than nonqualified preferred stock, described later), and immediately afterward you are in control of the corporation, the exchange is usually not taxable. Amend federal taxes This rule applies both to individuals and to groups who transfer property to a corporation. Amend federal taxes It also applies whether the corporation is being formed or is already operating. Amend federal taxes It does not apply in the following situations. Amend federal taxes The corporation is an investment company. Amend federal taxes You transfer the property in a bankruptcy or similar proceeding in exchange for stock used to pay creditors. Amend federal taxes The stock is received in exchange for the corporation's debt (other than a security) or for interest on the corporation's debt (including a security) that accrued while you held the debt. Amend federal taxes Both the corporation and any person involved in a nontaxable exchange of property for stock must attach to their income tax returns a complete statement of all facts pertinent to the exchange. Amend federal taxes For more information, see section 1. Amend federal taxes 351-3 of the Regulations. Amend federal taxes Control of a corporation. Amend federal taxes   To be in control of a corporation, you or your group of transferors must own, immediately after the exchange, at least 80% of the total combined voting power of all classes of stock entitled to vote and at least 80% of the outstanding shares of each class of nonvoting stock. Amend federal taxes Example 1. Amend federal taxes You and Bill Jones buy property for $100,000. Amend federal taxes You both organize a corporation when the property has a fair market value of $300,000. Amend federal taxes You transfer the property to the corporation for all its authorized capital stock, which has a par value of $300,000. Amend federal taxes No gain is recognized by you, Bill, or the corporation. Amend federal taxes Example 2. Amend federal taxes You and Bill transfer the property with a basis of $100,000 to a corporation in exchange for stock with a fair market value of $300,000. Amend federal taxes This represents only 75% of each class of stock of the corporation. Amend federal taxes The other 25% was already issued to someone else. Amend federal taxes You and Bill recognize a taxable gain of $200,000 on the transaction. Amend federal taxes Services rendered. Amend federal taxes   The term property does not include services rendered or to be rendered to the issuing corporation. Amend federal taxes The value of stock received for services is income to the recipient. Amend federal taxes Example. Amend federal taxes You transfer property worth $35,000 and render services valued at $3,000 to a corporation in exchange for stock valued at $38,000. Amend federal taxes Right after the exchange, you own 85% of the outstanding stock. Amend federal taxes No gain is recognized on the exchange of property. Amend federal taxes However, you recognize ordinary income of $3,000 as payment for services you rendered to the corporation. Amend federal taxes Property of relatively small value. Amend federal taxes   The term property does not include property of a relatively small value when it is compared to the value of stock and securities already owned or to be received for services by the transferor if the main purpose of the transfer is to qualify for the nonrecognition of gain or loss by other transferors. Amend federal taxes   Property transferred will not be considered to be of relatively small value if its fair market value is at least 10% of the fair market value of the stock and securities already owned or to be received for services by the transferor. Amend federal taxes Stock received in disproportion to property transferred. Amend federal taxes   If a group of transferors exchange property for corporate stock, each transferor does not have to receive stock in proportion to his or her interest in the property transferred. Amend federal taxes If a disproportionate transfer takes place, it will be treated for tax purposes in accordance with its true nature. Amend federal taxes It may be treated as if the stock were first received in proportion and then some of it used to make gifts, pay compensation for services, or satisfy the transferor's obligations. Amend federal taxes Money or other property received. Amend federal taxes   If, in an otherwise nontaxable exchange of property for corporate stock, you also receive money or property other than stock, you may have to recognize gain. Amend federal taxes You must recognize gain only up to the amount of money plus the fair market value of the other property you receive. Amend federal taxes The rules for figuring the recognized gain in this situation generally follow those for a partially nontaxable exchange discussed in Publication 544 under Like-Kind Exchanges. Amend federal taxes If the property you give up includes depreciable property, the recognized gain may have to be reported as ordinary income from depreciation. Amend federal taxes See chapter 3 of Publication 544. Amend federal taxes No loss is recognized. Amend federal taxes Nonqualified preferred stock. Amend federal taxes   Nonqualified preferred stock is treated as property other than stock. Amend federal taxes Generally, it is preferred stock with any of the following features. Amend federal taxes The holder has the right to require the issuer or a related person to redeem or buy the stock. Amend federal taxes The issuer or a related person is required to redeem or buy the stock. Amend federal taxes The issuer or a related person has the right to redeem or buy the stock and, on the issue date, it is more likely than not that the right will be exercised. Amend federal taxes The dividend rate on the stock varies with reference to interest rates, commodity prices, or similar indices. Amend federal taxes For a detailed definition of nonqualified preferred stock, see section 351(g)(2) of the Internal Revenue Code. Amend federal taxes Liabilities. Amend federal taxes   If the corporation assumes your liabilities, the exchange generally is not treated as if you received money or other property. Amend federal taxes There are two exceptions to this treatment. Amend federal taxes If the liabilities the corporation assumes are more than your adjusted basis in the property you transfer, gain is recognized up to the difference. Amend federal taxes However, if the liabilities assumed give rise to a deduction when paid, such as a trade account payable or interest, no gain is recognized. Amend federal taxes If there is no good business reason for the corporation to assume your liabilities, or if your main purpose in the exchange is to avoid federal income tax, the assumption is treated as if you received money in the amount of the liabilities. Amend federal taxes For more information on the assumption of liabilities, see section 357(d) of the Internal Revenue Code. Amend federal taxes Example. Amend federal taxes You transfer property to a corporation for stock. Amend federal taxes Immediately after the transfer, you control the corporation. Amend federal taxes You also receive $10,000 in the exchange. Amend federal taxes Your adjusted basis in the transferred property is $20,000. Amend federal taxes The stock you receive has a fair market value (FMV) of $16,000. Amend federal taxes The corporation also assumes a $5,000 mortgage on the property for which you are personally liable. Amend federal taxes Gain is realized as follows. Amend federal taxes FMV of stock received $16,000 Cash received 10,000 Liability assumed by corporation 5,000 Total received $31,000 Minus: Adjusted basis of property transferred 20,000 Realized gain $11,000   The liability assumed is not treated as money or other property. Amend federal taxes The recognized gain is limited to $10,000, the cash received. Amend federal taxes Loss on exchange. Amend federal taxes   If you have a loss from an exchange and own, directly or indirectly, more than 50% of the corporation's stock, you cannot deduct the loss. Amend federal taxes For more information, see Nondeductible Loss under Sales and Exchanges Between Related Persons in chapter 2 of Publication 544. Amend federal taxes Basis of stock or other property received. Amend federal taxes   The basis of the stock you receive is generally the adjusted basis of the property you transfer. Amend federal taxes Increase this amount by any amount treated as a dividend, plus any gain recognized on the exchange. Amend federal taxes Decrease this amount by any cash you received, the fair market value of any other property you received, and any loss recognized on the exchange. Amend federal taxes Also decrease this amount by the amount of any liability the corporation or another party to the exchange assumed from you, unless payment of the liability gives rise to a deduction when paid. Amend federal taxes    Further decreases may be required when the corporation or another party to the exchange assumes from you a liability that gives rise to a deduction when paid, if the basis of the stock would otherwise be higher than its fair market value on the date of the exchange. Amend federal taxes This rule does not apply if the entity assuming the liability acquired either substantially all of the assets or the trade or business with which the liability is associated. Amend federal taxes The basis of any other property you receive is its fair market value on the date of the trade. Amend federal taxes Basis of property transferred. Amend federal taxes   A corporation that receives property from you in exchange for its stock generally has the same basis you had in the property, increased by any gain you recognized on the exchange. Amend federal taxes However, the increase for the gain recognized may be limited. Amend federal taxes For more information, see section 362 of the Internal Revenue Code. Amend federal taxes Election to reduce basis. Amend federal taxes   In a section 351 transaction, if the adjusted basis of the property transferred exceeds the property's fair market value, the transferor and transferee may make an irrevocable election to treat the basis of the stock received by the transferor as having a basis equal to the fair market value of the property transferred. Amend federal taxes The transferor and transferee make this election by attaching a statement to their tax returns filed by the due date (including extensions) for the tax year in which the transaction occurred. Amend federal taxes However, if the transferor makes the election by including the certification provided in Notice 2005-70, 2005-41, I. Amend federal taxes R. Amend federal taxes B. Amend federal taxes 694, on or with its tax return filed by the due date (including extensions), then no election need be made by the transferee. Amend federal taxes    For more information on making this election, see section 362(e)(2)(C) of the Internal Revenue Code, and Notice 2005-70. Amend federal taxes Capital Contributions This section explains the tax treatment of contributions from shareholders and nonshareholders. Amend federal taxes Paid-in capital. Amend federal taxes   Contributions to the capital of a corporation, whether or not by shareholders, are paid-in capital. Amend federal taxes These contributions are not taxable to the corporation. Amend federal taxes Basis. Amend federal taxes   The corporation's basis of property contributed to capital by a shareholder is the same as the basis the shareholder had in the property, increased by any gain the shareholder recognized on the exchange. Amend federal taxes However, the increase for the gain recognized may be limited. Amend federal taxes For more information, see Basis of property transferred, above, and section 362 of the Internal Revenue Code. Amend federal taxes   The basis of property contributed to capital by a person other than a shareholder is zero. Amend federal taxes   If a corporation receives a cash contribution from a person other than a shareholder, the corporation must reduce the basis of any property acquired with the contribution during the 12-month period beginning on the day it received the contribution by the amount of the contribution. Amend federal taxes If the amount contributed is more than the cost of the property acquired, then reduce, but not below zero, the basis of the other properties held by the corporation on the last day of the 12-month period in the following order. Amend federal taxes Depreciable property. Amend federal taxes Amortizable property. Amend federal taxes Property subject to cost depletion but not to percentage depletion. Amend federal taxes All other remaining properties. Amend federal taxes   Reduce the basis of property in each category to zero before going on to the next category. Amend federal taxes   There may be more than one piece of property in each category. Amend federal taxes Base the reduction of the basis of each property on the following ratio:   Basis of each piece of property   Bases of all properties (within that category) If the corporation wishes to make this adjustment in some other way, it must get IRS approval. Amend federal taxes The corporation files a request for approval with its income tax return for the tax year in which it receives the contribution. Amend federal taxes Filing and Paying Income Taxes The federal income tax is a pay-as-you-go tax. Amend federal taxes A corporation generally must make estimated tax payments as it earns or receives income during its tax year. Amend federal taxes After the end of the year, the corporation must file an income tax return. Amend federal taxes This section will help you determine when and how to pay and file corporate income taxes. Amend federal taxes For certain corporations affected by Presidentially declared disasters such as hurricanes, the due dates for filing returns, paying taxes, and performing other time-sensitive acts may be extended. Amend federal taxes The IRS may also forgive the interest and penalties on any underpaid tax for the length of any extension. Amend federal taxes For more information, visit www. Amend federal taxes irs. Amend federal taxes gov/newsroom/article/0,,id=108362. Amend federal taxes 00. Amend federal taxes Income Tax Return This section will help you determine when and how to report a corporation's income tax. Amend federal taxes Who must file. Amend federal taxes   Unless exempt under section 501 of the Internal Revenue Code, all domestic corporations in existence for any part of a tax year (including corporations in bankruptcy) must file an income tax return whether or not they have taxable income. Amend federal taxes Which form to file. Amend federal taxes   A corporation generally must file Form 1120, U. Amend federal taxes S. Amend federal taxes Corporation Income Tax Return, to report its income, gains, losses, deductions, credits, and to figure its income tax liability. Amend federal taxes Certain organizations and entities must file special returns. Amend federal taxes For more information, see Special Returns for Certain Organizations, in the Instructions for Form 1120. Amend federal taxes Electronic filing. Amend federal taxes   Corporations can generally electronically file (e-file) Form 1120 and certain related forms, schedules, and attachments. Amend federal taxes Certain corporations with total assets of $10 million or more, that file at least 250 returns a year must e-file Form 1120. Amend federal taxes However, in certain instances, these corporations can request a waiver. Amend federal taxes For more information regarding electronic filing, visit www. Amend federal taxes irs. Amend federal taxes gov/efile. Amend federal taxes When to file. Amend federal taxes   Generally, a corporation must file its income tax return by the 15th day of the 3rd month after the end of its tax year. Amend federal taxes A new corporation filing a short-period return must generally file by the 15th day of the 3rd month after the short period ends. Amend federal taxes A corporation that has dissolved must generally file by the 15th day of the 3rd month after the date it dissolved. Amend federal taxes Example 1. Amend federal taxes A corporation's tax year ends December 31. Amend federal taxes It must file its income tax return by March 15th. Amend federal taxes Example 2. Amend federal taxes A corporation's tax year ends June 30. Amend federal taxes It must file its income tax return by September 15th. Amend federal taxes   If the due date falls on a Saturday, Sunday, or legal holiday, the due date is extended to the next business day. Amend federal taxes Extension of time to file. Amend federal taxes   File Form 7004, Application for Automatic Extension of Time To File Certain Business Income Tax, Information and Other Returns, to request an extension of time to file a corporation income tax return. Amend federal taxes The IRS will grant the extension if you complete the form properly, file it, and pay any tax due by the original due date for the return. Amend federal taxes   Form 7004 does not extend the time for paying the tax due on the return. Amend federal taxes Interest, and possibly penalties, will be charged on any part of the final tax due not shown as a balance due on Form 7004. Amend federal taxes The interest is figured from the original due date of the return to the date of payment. Amend federal taxes   For more information, see the instructions for Form 7004. Amend federal taxes How to pay your taxes. Amend federal taxes   A corporation must pay its tax due in full no later than the 15th day of the 3rd month after the end of its tax year. Amend federal taxes Electronic Federal Tax Payment System (EFTPS). Amend federal taxes   Corporations generally must use EFTPS to make deposits of all tax liabilities (including social security, Medicare, withheld income, excise, and corporate income taxes). Amend federal taxes For more information on EFTPS and enrollment, visit www. Amend federal taxes eftps. Amend federal taxes gov or call 1-800-555-4477. Amend federal taxes Also see Publication 966, The Secure Way to Pay Your Federal Taxes. Amend federal taxes Note. Amend federal taxes Forms 8109 and 8109-B, Federal Tax Deposit Coupon, can no longer be used to make federal tax deposits. Amend federal taxes Penalties Generally, if the corporation receives a notice about interest and penalties after it files its return, send the IRS an explanation and we will determine if the corporation meets reasonable-cause criteria. Amend federal taxes Do not attach an explanation when the corporation's return is filed. Amend federal taxes See the instructions for your income tax return. Amend federal taxes Late filing of return. Amend federal taxes    A corporation that does not file its tax return by the due date, including extensions, may be penalized 5% of the unpaid tax for each month or part of a month the return is late, up to a maximum of 25% of the unpaid tax. Amend federal taxes If the corporation is charged a penalty for late payment of tax (discussed next) for the same period of time, the penalty for late filing is reduced by the amount of the penalty for late payment. Amend federal taxes The minimum penalty for a return that is over 60 days late is the smaller of the tax due or $100. Amend federal taxes The penalty will not be imposed if the corporation can show the failure to file on time was due to a reasonable cause. Amend federal taxes Late payment of tax. Amend federal taxes    A corporation that does not pay the tax when due may be penalized ½ of 1% of the unpaid tax for each month or part of a month the tax is not paid, up to a maximum of 25% of the unpaid tax. Amend federal taxes The penalty will not be imposed if the corporation can show that the failure to pay on time was due to a reasonable cause. Amend federal taxes Trust fund recovery penalty. Amend federal taxes   If income, social security, and Medicare taxes that a corporation must withhold from employee wages are not withheld or are not deposited or paid to the United States Treasury, the trust fund recovery penalty may apply. Amend federal taxes The penalty is the full amount of the unpaid trust fund tax. Amend federal taxes This penalty may apply to you if these unpaid taxes cannot be immediately collected from the business. Amend federal taxes   The trust fund recovery penalty may be imposed on all persons who are determined by the IRS to be responsible for collecting, accounting for, and paying these taxes, and who acted willfully in not doing so. Amend federal taxes   A responsible person can be an officer or employee of a corporation, an accountant, or a volunteer director/trustee. Amend federal taxes A responsible person also may include one who signs checks for the corporation or otherwise has authority to cause the spending of business funds. Amend federal taxes   Willfully means voluntarily, consciously, and intentionally. Amend federal taxes A responsible person acts willfully if the person knows the required actions are not taking place. Amend federal taxes   For more information on withholding and paying these taxes, see Publication 15 (Circular E), Employer's Tax Guide, and Publication 51, (Circular A), Agricultural Employer's Tax Guide. Amend federal taxes Other penalties. Amend federal taxes   Other penalties can be imposed for negligence, substantial understatement of tax, reportable transaction understatements, and fraud. Amend federal taxes See sections 6662, 6662A, and 6663 of the Internal Revenue Code. Amend federal taxes Estimated Tax Generally, a corporation must make installment payments if it expects its estimated tax for the year to be $500 or more. Amend federal taxes If the corporation does not pay the installments when they are due, it could be subject to an underpayment penalty. Amend federal taxes This section will explain how to avoid this penalty. Amend federal taxes When to pay estimated tax. Amend federal taxes   Installment payments are due by the 15th day of the 4th, 6th, 9th, and 12th months of the corporation's tax year. Amend federal taxes Example 1. Amend federal taxes Your corporation's tax year ends December 31. Amend federal taxes Installment payments are due on April 15, June 15, September 15, and December 15. Amend federal taxes Example 2. Amend federal taxes Your corporation's tax year ends June 30. Amend federal taxes Installment payments are due on October 15, December 15, March 15, and June 15. Amend federal taxes   If any due date falls on a Saturday, Sunday, or legal holiday, the installment is due on the next business day. Amend federal taxes How to figure each required installment. Amend federal taxes   Use Form 1120-W, Estimated Tax for Corporations, as a worksheet to figure each required installment of estimated tax. Amend federal taxes You will generally use one of the following two methods to figure each required installment. Amend federal taxes You should use the method that yields the smallest installment payments. Amend federal taxes Note. Amend federal taxes In these discussions, “return” generally refers to the corporation's original return. Amend federal taxes However, an amended return is considered the original return if it is filed by the due date (including extensions) of the original return. Amend federal taxes Method 1. Amend federal taxes   Each required installment is 25% of the income tax the corporation will show on its return for the current year. Amend federal taxes Method 2. Amend federal taxes   Each required installment is 25% of the income tax shown on the corporation's return for the previous year. Amend federal taxes   To use Method 2: The corporation must have filed a return for the previous year, The return must have been for a full 12 months, and The return must have shown a positive tax liability (not zero). Amend federal taxes Also, if the corporation is a large corporation, it can use Method 2 to figure the first installment only. Amend federal taxes   See the Instructions for Form 1120-W, for the definition of a large corporation and other special rules for large corporations. Amend federal taxes Other methods. Amend federal taxes   If a corporation's income is expected to vary during the year because, for example, its business is seasonal, it may be able to lower the amount of one or more required installments by using one or both of the following methods. Amend federal taxes The annualized income installment method. Amend federal taxes The adjusted seasonal installment method. Amend federal taxes Use Schedule A of Form 1120-W to determine if using one or both of these methods will lower the amount of any required installments. Amend federal taxes Refiguring required installments. Amend federal taxes   If after the corporation figures and deposits its estimated tax it finds that its tax liability for the year will be more or less than originally estimated, it may have to refigure its required installments to see if an underpayment penalty may apply. Amend federal taxes An immediate catchup payment should be made to reduce any penalty resulting from the underpayment of any earlier installments. Amend federal taxes Underpayment penalty. Amend federal taxes   If the corporation does not pay a required installment of estimated tax by its due date, it may be subject to a penalty. Amend federal taxes The penalty is figured separately for each installment due date. Amend federal taxes The corporation may owe a penalty for an earlier due date, even if it paid enough tax later to make up the underpayment. Amend federal taxes This is true even if the corporation is due a refund when its return is filed. Amend federal taxes Form 2220. Amend federal taxes   Use Form 2220, Underpayment of Estimated Tax by Corporations, to determine if a corporation is subject to the penalty for underpayment of estimated tax and to figure the amount of the penalty. Amend federal taxes   If the corporation is charged a penalty, the amount of the penalty depends on the following three factors. Amend federal taxes The amount of the underpayment. Amend federal taxes The period during which the underpayment was due and unpaid. Amend federal taxes The interest rate for underpayments published quarterly by the IRS in the Internal Revenue Bulletin. Amend federal taxes   A corporation generally does not have to file Form 2220 with its income tax return because the IRS will figure any penalty and bill the corporation. Amend federal taxes However, even if the corporation does not owe a penalty, complete and attach the form to the corporation's tax return if any of the following apply. Amend federal taxes The annualized income installment method was used to figure any required installment. Amend federal taxes The adjusted seasonal installment method was used to figure any required installment. Amend federal taxes The corporation is a large corporation figuring its first required installment based on the prior year's tax. Amend federal taxes How to pay estimated tax. Amend federal taxes   A corporation is generally required to use EFTPS to pay its taxes. Amend federal taxes See Electronic Federal Tax Payment System (EFTPS), earlier. Amend federal taxes Also see the Instructions for Form 1120-W. Amend federal taxes Quick refund of overpayments. Amend federal taxes   A corporation that has overpaid its estimated tax for the tax year may be able to apply for a quick refund. Amend federal taxes Use Form 4466, Corporation Application for Quick Refund of Overpayment of Estimated Tax, to apply for a quick refund of an overpayment of estimated tax. Amend federal taxes A corporation can apply for a quick refund if the overpayment is: At least 10% of its expected tax liability, and At least $500. Amend federal taxes Use Form 4466 to figure the corporation's expected tax liability and the overpayment of estimated tax. Amend federal taxes File Form 4466 before the 16th day of the 3rd month after the end of the tax year, but before the corporation files its income tax return. Amend federal taxes Do not file Form 4466 before the end of the corporation's tax year. Amend federal taxes An extension of time to file the corporation's income tax return will not extend the time for filing Form 4466. Amend federal taxes The IRS will act on the form within 45 days from the date you file it. Amend federal taxes U. Amend federal taxes S. Amend federal taxes Real Property Interest If a domestic corporation acquires a U. Amend federal taxes S. Amend federal taxes real property interest from a foreign person or firm, the corporation may have to withhold tax on the amount it pays for the property. Amend federal taxes The amount paid includes cash, the fair market value of other property, and any assumed liability. Amend federal taxes If a domestic corporation distributes a U. Amend federal taxes S. Amend federal taxes real property interest to a foreign person or firm, it may have to withhold tax on the fair market value of the property. Amend federal taxes A corporation that fails to withhold may be liable for the tax, and any penalties and interest that apply. Amend federal taxes For more information, see section 1445 of the Internal Revenue Code; Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities; Form 8288, U. Amend federal taxes S. Amend federal taxes Withholding Tax Return for Dispositions by Foreign Persons of U. Amend federal taxes S. Amend federal taxes Real Property Interests; and Form 8288-A, Statement of Withholding on Dispositions by Foreign Persons of U. Amend federal taxes S. Amend federal taxes Real Property Interests. Amend federal taxes Accounting Methods An accounting method is a set of rules used to determine when and how income and expenses are reported. Amend federal taxes Taxable income should be determined using the method of accounting regularly used in keeping the corporation's books and records. Amend federal taxes In all cases, the method used must clearly show taxable income. Amend federal taxes Generally, permissible methods include: Cash, Accrual, or Any other method authorized by the Internal Revenue Code. Amend federal taxes Accrual method. Amend federal taxes   Generally, a corporation (other than a qualified personal service corporation) must use the accrual method of accounting if its average annual gross receipts exceed $5 million. Amend federal taxes A corporation engaged in farming operations also must use the accrual method. Amend federal taxes   If inventories are required, the accrual method generally must be used for sales and purchases of merchandise. Amend federal taxes However, qualifying taxpayers and eligible businesses of qualifying small business taxpayers are excepted from using the accrual method for eligible trades or businesses and may account for inventoriable items as materials and supplies that are not incidental. Amend federal taxes   Under the accrual method, an amount is includable in income when: All the events have occurred that fix the right to receive the income, which is the earliest of the date: The required performance takes place, Payment is due, or Payment is received; and The amount can be determined with reasonable accuracy. Amend federal taxes   Generally, an accrual basis taxpayer can deduct accrued expenses in the tax year when: All events that determine the liability have occurred, The amount of the liability can be figured with reasonable accuracy, and Economic performance takes place with respect to the expense. Amend federal taxes   There are exceptions to the economic performance rule for certain items, including recurring expenses. Amend federal taxes See section 461(h) of the Internal Revenue Code and the related regulations for the rules for determining when economic performance takes place. Amend federal taxes Nonaccrual experience method. Amend federal taxes   Accrual method corporations are not required to maintain accruals for certain amounts from the performance of services that, on the basis of their experience, will not be collected, if: The services are in the fields of health, law, engineering, architecture, accounting, actuarial science, performing arts, or consulting; or The corporation's average annual gross receipts for the 3 prior tax years does not exceed $5 million. Amend federal taxes   This provision does not apply if interest is required to be paid on the amount or if there is any penalty for failure to pay the amount timely. Amend federal taxes Percentage of completion method. Amend federal taxes   Long-term contracts (except for certain real property construction contracts) must generally be accounted for using the percentage of completion method described in section 460 of the Internal Revenue Code. Amend federal taxes Mark-to-market accounting method. Amend federal taxes   Generally, dealers in securities must use the mark-to-market accounting method described in section 475 of the Internal Revenue Code. Amend federal taxes Under this method any security held by a dealer as inventory must be included in inventory at its FMV. Amend federal taxes Any security not held as inventory at the close of the tax year is treated as sold at its FMV on the last business day of the tax year. Amend federal taxes Any gain or loss must be taken into account in determining gross income. Amend federal taxes The gain or loss taken into account is treated as ordinary gain or loss. Amend federal taxes   Dealers in commodities and traders in securities and commodities can elect to use the mark-to-market accounting method. Amend federal taxes Change in accounting method. Amend federal taxes   A corporation can change its method of accounting used to report taxable income (for income as a whole or for the treatment of any material item). Amend federal taxes The corporation must file Form 3115, Application for Change in Accounting Method. Amend federal taxes For more information, see Form 3115 and Publication 538. Amend federal taxes Section 481(a) adjustment. Amend federal taxes   The corporation may have to make an adjustment under section 481(a) of the Internal Revenue Code to prevent amounts of income or expense from being duplicated or omitted. Amend federal taxes The section 481(a) adjustment period is generally 1 year for a net negative adjustment and 4 years for a net positive adjustment. Amend federal taxes However, a corporation can elect to use a 1-year adjustment period if the net section 481(a) adjustment for the change is less than $25,000. Amend federal taxes The corporation must complete the appropriate lines of Form 3115 to make the election. Amend federal taxes See the Instructions for Form 3115. Amend federal taxes Accounting Periods A corporation must figure its taxable income on the basis of a tax year. Amend federal taxes A tax year is the annual accounting period a corporation uses to keep its records and report its income and expenses. Amend federal taxes Generally, corporations can use either a calendar year or a fiscal year as its tax year. Amend federal taxes Unless special rules apply, a corporation generally adopts a tax year by filing its first federal income tax return using that tax year. Amend federal taxes For more information, see Publication 538. Amend federal taxes Personal service corporation. Amend federal taxes   A personal service corporation must use a calendar year as its tax year unless: It elects to use a 52–53 week tax year that ends with reference to the calendar year; It can establish a business purpose for a different tax year and obtains approval of the IRS. Amend federal taxes See Form 1128, Application To Adopt, Change, or Retain a Tax Year, and Publication 538; or It elects under section 444 of the Internal Revenue Code to have a tax year other than a calendar year. Amend federal taxes Use Form 8716, Election to Have a Tax Year Other Than a Required Tax Year, to make the election. Amend federal taxes   If a personal service corporation makes a section 444 election, its deduction for certain amounts paid to employee-owners may be limited. Amend federal taxes See Schedule H (Form 1120), Section 280H Limitations for a Personal Service Corporation (PSC), to figure the maximum deduction. Amend federal taxes Change of tax year. Amend federal taxes   Generally, a corporation must get the consent of the IRS before changing its tax year by filing Form 1128. Amend federal taxes However, under certain conditions, a corporation can change its tax year without getting the consent. Amend federal taxes For more information, see Form 1128 and Publication 538. Amend federal taxes Recordkeeping A corporation should keep its records for as long as they may be needed for the administration of any provision of the Internal Revenue Code. Amend federal taxes Usually records that support items of income, deductions, or credits on the return must be kept for 3 years from the date the return is due or filed, whichever is later. Amend federal taxes Keep records that verify the corporation's basis in property for as long as they are needed to figure the basis of the original or replacement property. Amend federal taxes The corporation should keep copies of all filed returns. Amend federal taxes They help in preparing future and amended returns and in the calculation of earnings and profits. Amend federal taxes Income, Deductions, and Special Provisions Rules on income and deductions that apply to individuals also apply, for the most part, to corporations. Amend federal taxes However, the following special provisions apply only to corporations. Amend federal taxes Costs of Going Into Business When you go into business, treat all costs you incur to get your business started as capital expenses. Amend federal taxes However, a corporation can elect to deduct a limited amount of start-up or organizational costs. Amend federal taxes Any costs not deducted can be amortized. Amend federal taxes Start-up costs are costs for creating an active trade or business or investigating the creation or acquisition of an active trade or business. Amend federal taxes Organizational costs are the direct costs of creating the corporation. Amend federal taxes For more information on deducting or amortizing start-up and organizational costs, see the instructions for your income tax return. Amend federal taxes Also see, Publication 535, chapter 7, Costs You Can Deduct or Capitalize, and chapter 8, Amortization. Amend federal taxes Related Persons A corporation that uses an accrual method of accounting cannot deduct business expenses and interest owed to a related person who uses the cash method of accounting until the corporation makes the payment and the corresponding amount is includible in the related person's gross income. Amend federal taxes Determine the relationship, for this rule, as of the end of the tax year for which the expense or interest would otherwise be deductible. Amend federal taxes If a deduction is denied, the rule will continue to apply even if the corporation's relationship with the person ends before the expense or interest is includible in the gross income of that person. Amend federal taxes These rules also deny the deduction of losses on the sale or exchange of property between related persons. Amend federal taxes Related persons. Amend federal taxes   For purposes of this rule, the following persons are related to a corporation. Amend federal taxes Another corporation, that is a member of the same controlled group (as defined in section 267(f) of the Internal Revenue Code). Amend federal taxes An individual who owns, directly or indirectly, more than 50% of the value of the outstanding stock of the corporation. Amend federal taxes A trust fiduciary, when the trust or the grantor of the trust owns, directly or indirectly, more than 50% in value of the outstanding stock of the corporation. Amend federal taxes An S corporation, if the same persons own more than 50% in value of the outstanding stock of each corporation. Amend federal taxes A partnership, if the same persons own more than 50% in value of the outstanding stock of the corporation and more than 50% of the capital or profits interest in the partnership. Amend federal taxes Any employee-owner, if the corporation is a personal service corporation (see Personal service corporation, earlier), regardless of the amount of stock owned by the employee-owner. Amend federal taxes Ownership of stock. Amend federal taxes   To determine whether an individual directly or indirectly owns any of the outstanding stock of a corporation, the following apply. Amend federal taxes Stock owned, directly or indirectly, by or for a corporation, partnership, estate, or trust, is treated as being owned proportionately by or for its shareholders, partners, or beneficiaries. Amend federal taxes An individual is treated as owning the stock owned, directly or indirectly, by or for the individual's family. Amend federal taxes Family includes only brothers and sisters (including half brothers and half sisters), a spouse, ancestors, and lineal descendants. Amend federal taxes Any individual owning (other than by applying (2), above) stock in a corporation, is treated as also owning the stock owned directly or indirectly by that individual's partner. Amend federal taxes To apply (1), (2), or (3), above, stock constructively owned by a person under (1) is treated as actually owned by that person. Amend federal taxes But stock constructively owned by an individual under (2) or (3) is not treated as actually owned by the individual for applying either (2) or (3) to make another person the constructive owner of that stock. Amend federal taxes Reallocation of income and deductions. Amend federal taxes   Where it is necessary to clearly show income or prevent tax evasion, the IRS can reallocate gross income, deductions, credits, or allowances between two or more organizations, trades, or businesses owned or controlled directly, or indirectly, by the same interests. Amend federal taxes Complete liquidations. Amend federal taxes   The disallowance of losses from the sale or exchange of property between related persons does not apply to liquidating distributions. Amend federal taxes More information. Amend federal taxes   For more information about the related person rules, see Publication 544. Amend federal taxes Income From Qualifying Shipping Activities A corporation may make an election to be taxed on its notional shipping income at the highest corporate tax rate. Amend federal taxes If a corporation makes this election it may exclude income from qualifying shipping activities from gross income. Amend federal taxes Also if the election is made, the corporation generally may not claim any loss, deduction, or credit with respect to qualifying shipping activities. Amend federal taxes A corporation making this election may also elect to defer gain on the disposition of a qualifying vessel. Amend federal taxes A corporation uses Form 8902, Alternative Tax on Qualifying Shipping Activities, to make the election and figure the alternative tax. Amend federal taxes For more information regarding the election, see Form 8902. Amend federal taxes Election to Expense Qualified Refinery Property A corporation can make an irrevocable election on its tax return filed by the due date (including extensions) to deduct 50% of the cost of qualified refinery property (defined in section 179C(c) of the Internal Revenue Code), placed in service before January 1, 2014. Amend federal taxes The deduction is allowed for the year in which the property is placed in service. Amend federal taxes A subchapter T cooperative can make an irrevocable election on its return by the due date (including extensions) to allocate this deduction to its owners based on their ownership interest. Amend federal taxes For more information, see section 179C of the Internal Revenue Code and the related Regulations. Amend federal taxes Deduction to Comply With EPA Sulfur Regulations A small business refiner can make an irrevocable election on its tax return filed by the due date (including extensions) to deduct up to 75% of qualified costs paid or incurred to comply with the Highway Diesel Fuel Sulfur Control Requirements of the Environmental Protection Agency (EPA). Amend federal taxes A subchapter T cooperative can make an irrevocable election on its return filed by the due date (including extensions) to allocate the deduction to its owners based on their ownership interest. Amend federal taxes For more information, see sections 45H and 179B of the Internal Revenue Code and the related Regulations. Amend federal taxes Energy-Efficient Commercial Building Property Deduction A corporation can claim a deduction for costs associated with energy-efficient commercial building property, placed in service before January 1, 2014. Amend federal taxes In order to qualify for the deduction: The costs must be associated with depreciable or amortizable property in a Standard 90. Amend federal taxes 1-2001 domestic building; The property must be either a part of the interior lighting system, the heating, cooling, ventilation and hot water system, or the building envelope (defined in section 179D(c)(1)(C) of the Internal Revenue Code); and The property must be installed as part of a plan to reduce the total annual energy and power costs of the building by 50% or more. Amend federal taxes The deduction is limited to $1. Amend federal taxes 80 per square foot of the building less the total amount of deductions taken for this property in prior tax years. Amend federal taxes Other rules and limitations apply. Amend federal taxes The corporation must reduce the basis of any property by any deduction taken. Amend federal taxes The deduction is subject to recapture if the corporation fails to fully implement an energy savings plan. Amend federal taxes For more information, see section 179D of the Internal Revenue Code. Amend federal taxes Also see Notice 2006-52, 2006-26 I. Amend federal taxes R. Amend federal taxes B. Amend federal taxes 1175, clarified and amplified by Notice 2008-40, 2008-14 I. Amend federal taxes R. Amend federal taxes B. Amend federal taxes 725, and any successor. Amend federal taxes Corporate Preference Items A corporation must make special adjustments to certain items before it takes them into account in determining its taxable income. Amend federal taxes These items are known as corporate preference items and they include the following. Amend federal taxes Gain on the disposition of section 1250 property. Amend federal taxes For more information, see section 1250 Property under Depreciation Recapture in chapter 3 of Publication 544. Amend federal taxes Percentage depletion for iron ore and coal (including lignite). Amend federal taxes For more information, see Mines and Geothermal Deposits under Mineral Property in chapter 9 of Publication 535. Amend federal taxes Amortization of pollution control facilities. Amend federal taxes For more information, see Pollution Control Facilities in chapter 8 of Publication 535 and section 291(a)(5) of the Internal Revenue Code. Amend federal taxes Mineral exploration and development costs. Amend federal taxes For more information, see Exploration Costs and Development Costs in chapter 7 of Publication 535. Amend federal taxes For more information on corporate preference items, see section 291 of the Internal Revenue Code. Amend federal taxes Dividends-Received Deduction A corporation can deduct a percentage of certain dividends received during its tax year. Amend federal taxes This section discusses the general rules that apply. Amend federal taxes The deduction is figured on Form 1120, Schedule C, or the applicable schedule of your income tax return. Amend federal taxes For more information, see the Instructions for Form 1120, or the instructions for your applicable income tax return. Amend federal taxes Dividends from domestic corporations. Amend federal taxes   A corporation can deduct, within certain limits, 70% of the dividends received if the corporation receiving the dividend owns less than 20% of the corporation distributing the dividend. Amend federal taxes If the corporation owns 20% or more of the distributing corporation's stock, it can, subject to certain limits, deduct 80% of the dividends received. Amend federal taxes Ownership. Amend federal taxes   Determine ownership, for these rules, by the amount of voting power and value of the paying corporation's stock (other than certain preferred stock) the receiving corporation owns. Amend federal taxes Small business investment companies. Amend federal taxes   Small business investment companies can deduct 100% of the dividends received from taxable domestic corporations. Amend federal taxes Dividends from regulated investment companies. Amend federal taxes   Regulated investment company dividends received are subject to certain limits. Amend federal taxes Capital gain dividends received from a regulated investment company do not qualify for the deduction. Amend federal taxes For more information, see section 854 of the Internal Revenue Code. Amend federal taxes No deduction allowed for certain dividends. Amend federal taxes   Corporations cannot take a deduction for dividends received from the following entities. Amend federal taxes A real estate investment trust (REIT). Amend federal taxes A corporation exempt from tax under section 501 or 521 of the Internal Revenue Code either for the tax year of the distribution or the preceding tax year. Amend federal taxes A corporation whose stock was held less than 46 days during the 91-day period beginning 45 days before the stock became ex-dividend with respect to the dividend. Amend federal taxes Ex-dividend means the holder has no rights to the dividend. Amend federal taxes A corporation whose preferred stock was held less than 91 days during the 181-day period beginning 90 days before the stock became ex-dividend with respect to the dividend if the dividends received are for a period or periods totaling more than 366 days. Amend federal taxes Any corporation, if your corporation is under an obligation (pursuant to a short sale or otherwise) to make related payments with respect to positions in substantially similar or related property. Amend federal taxes Dividends on deposits. Amend federal taxes   Dividends on deposits or withdrawable accounts in domestic building and loan associations, mutual savings banks, cooperative banks, and similar organizations are interest, not dividends. Amend federal taxes They do not qualify for this deduction. Amend federal taxes Limit on deduction for dividends. Amend federal taxes   The total deduction for dividends received or accrued is generally limited (in the following order) to: 80% of the difference between taxable income and the 100% deduction allowed for dividends received from affiliated corporations, or by a small business investment company, for dividends received or accrued from 20%-owned corporations, then 70% of the difference between taxable income and the 100% deduction allowed for dividends received from affiliated corporations, or by a small business investment company, for dividends received or accrued from less-than-20%-owned corporations (reducing taxable income by the total dividends received from 20%-owned corporations). Amend federal taxes Figuring the limit. Amend federal taxes   In figuring the limit, determine taxable income without the following items. Amend federal taxes The net operating loss deduction. Amend federal taxes The domestic production activities deduction. Amend federal taxes The deduction for dividends received. Amend federal taxes Any adjustment due to the nontaxable part of an extraordinary dividend (see Extraordinary Dividends, below). Amend federal taxes Any capital loss carryback to the tax year. Amend federal taxes Effect of net operating loss. Amend federal taxes   If a corporation has a net operating loss (NOL) for a tax year, the limit of 80% (or 70%) of taxable income does not apply. Amend federal taxes To determine whether a corporation has an NOL, figure the dividends-received deduction without the 80% (or 70%) of taxable income limit. Amend federal taxes Example 1. Amend federal taxes A corporation loses $25,000 from operations. Amend federal taxes It receives $100,000 in dividends from a 20%-owned corporation. Amend federal taxes Its taxable income is $75,000 ($100,000 – $25,000) before the deduction for dividends received. Amend federal taxes If it claims the full dividends-received deduction of $80,000 ($100,000 × 80%) and combines it with an operations loss of $25,000, it will have an NOL of ($5,000). Amend federal taxes Therefore, the 80% of taxable income limit does not apply. Amend federal taxes The corporation can deduct the full $80,000. Amend federal taxes Example 2. Amend federal taxes Assume the same facts as in Example 1, except that the corporation only loses $15,000 from operations. Amend federal taxes Its taxable income is $85,000 before the deduction for dividends received. Amend federal taxes After claiming the dividends-received deduction of $80,000 ($100,000 × 80%), its taxable income is $5,000. Amend federal taxes Because the corporation will not have an NOL after applying a full dividends-received deduction, its allowable dividends-received deduction is limited to 80% of its taxable income, or $68,000 ($85,000 × 80%). Amend federal taxes Extraordinary Dividends If a corporation receives an extraordinary dividend on stock held 2 years or less before the dividend announcement date, it generally must reduce its basis in the stock by the nontaxed part of the dividend. Amend federal taxes The nontaxed part is any dividends-received deduction allowable for the dividends. Amend federal taxes Extraordinary dividend. Amend federal taxes   An extraordinary dividend is any dividend on stock that equals or exceeds a certain percentage of the corporation's adjusted basis in the stock. Amend federal taxes The percentages are: 5% for stock preferred as to dividends, or 10% for other stock. Amend federal taxes Treat all dividends received that have ex-dividend dates within an 85-consecutive-day period as one dividend. Amend federal taxes Treat all dividends received that have ex-dividend dates within a 365-consecutive-day period as extraordinary dividends if the total of the dividends exceeds 20% of the corporation's adjusted basis in the stock. Amend federal taxes Disqualified preferred stock. Amend federal taxes   Any dividend on disqualified preferred stock is treated as an extraordinary dividend regardless of the period of time the corporation held the stock. Amend federal taxes   Disqualified preferred stock is any stock preferred as to dividends if any of the following apply. Amend federal taxes The stock when issued has a dividend rate that declines (or can reasonably be expected to decline) in the future. Amend federal taxes The issue price of the stock exceeds its liquidation rights or stated redemption price. Amend federal taxes The stock is otherwise structured to avoid the rules for extraordinary dividends and to enable corporate shareholders to reduce tax through a combination of dividends-received deductions and loss on the disposition of the stock. Amend federal taxes   These rules apply to stock issued after July 10, 1989, unless it was issued under a written binding contract in effect on that date, and thereafter, before the issuance of the stock. Amend federal taxes More information. Amend federal taxes   For more information on extraordinary dividends, see section 1059 of the Internal Revenue Code. Amend federal taxes Below-Market Loans If a corporation receives a below-market loan and uses the proceeds for its trade or business, it may be able to deduct the forgone interest. Amend federal taxes A below-market loan is a loan on which no interest is charged or on which interest is charged at a rate below the applicable federal rate. Amend federal taxes A below-market loan generally is treated as an arm's-length transaction in which the borrower is considered as having received both the following: A loan in exchange for a note that requires payment of interest at the applicable federal rate, and An additional payment in an amount equal to the forgone interest. Amend federal taxes Treat the additional payment as a gift, dividend, contribution to capital, payment of compensation, or other payment, depending on the substance of the transaction. Amend federal taxes Foregone interest. Amend federal taxes   For any period, forgone interest is equal to: The interest that would be payable for that period if interest accrued on the loan at the applicable federal rate and was payable annually on December 31, minus Any interest actually payable on the loan for the period. Amend federal taxes See Below-market loans, in chapter 4 of Publication 535 for more information. Amend federal taxes Charitable Contributions A corporation can claim a limited deduction for charitable contributions made in cash or other property. Amend federal taxes The contribution is deductible if made to, or for the use of, a qualified organization. Amend federal taxes For more information on qualified organizations, see Publication 526, Charitable Contributions. Amend federal taxes Also see, Exempt Organizations Select Check (EO Select Check) at www. Amend federal taxes irs. Amend federal taxes gov/charities, the on-line search tool for finding information on organizations eligible to receive tax-deductible contributions. Amend federal taxes Note. Amend federal taxes You cannot take a deduction if any of the net earnings of an organization receiving contributions benefit any private shareholder or individual. Amend federal taxes Cash method corporation. Amend federal taxes   A corporation using the cash method of accounting deducts contributions in the tax year paid. Amend federal taxes Accrual method corporation. Amend federal taxes   A corporation using an accrual method of accounting can choose to deduct unpaid contributions for the tax year the board of directors authorizes them if it pays them by the 15th day of the 3rd month after the close of that tax year. Amend federal taxes Make the choice by reporting the contribution on the corporation's return for the tax year. Amend federal taxes A declaration stating that the board of directors adopted the resolution during the tax year must accompany the return. Amend federal taxes The declaration must include the date the resolution was adopted. Amend federal taxes Limitations on deduction. Amend federal taxes   A corporation cannot deduct charitable contributions that exceed 10% of its taxable income for the tax year. Amend federal taxes Figure taxable income for this purpose without the following. Amend federal taxes The deduction for charitable contributions. Amend federal taxes The dividends-received deduction. Amend federal taxes The deduction allowed under section 249 of the Internal Revenue Code. Amend federal taxes The domestic production activities deduction. Amend federal taxes Any net operating loss carryback to the tax year. Amend federal taxes Any capital loss carryback to the tax year. Amend federal taxes Farmers and ranchers. Amend federal taxes    Corporations that are farmers and ranchers should see section 170(b)(2) of the Internal Revenue Code for special rules that may affect the deduction limit. Amend federal taxes Carryover of excess contributions. Amend federal taxes   You can carry over, within certain limits, to each of the subsequent 5 years any charitable contributions made during the current year that exceed the 10% limit. Amend federal taxes You lose any excess not used within that period. Amend federal taxes For example, if a corporation has a carryover of excess contributions paid in 2010 and it does not use all the excess on its return for 2011, it can carry any excess over to 2012, 2013, 2014, and 2015, if applicable. Amend federal taxes Any excess not used in 2015 is lost. Amend federal taxes Do not deduct a carryover of excess contributions in the carryover year until after you deduct contributions made in that year (subject to the 10% limit). Amend federal taxes You cannot deduct a carryover of excess contributions to the extent it increases a net operating loss carryover. Amend federal taxes Cash contributions. Amend federal taxes   A corporation must maintain a record of any contribution of cash, check, or other monetary contribution, regardless of the amount. Amend federal taxes The record can be a bank record, receipt, letter, or other written communication from the donee indicating the name of the organization, the date of the contribution, and the amount of the contribution. Amend federal taxes Keep the record of the contribution with the other corporate records. Amend federal taxes Do not attach the records to the corporation's return. Amend federal taxes For more information on cash contributions, see Publication 526. Amend federal taxes Gifts of $250 or more. Amend federal taxes   Generally, no deduction is allowed for any contribution of $250 or more unless the corporation gets a written acknowledgement from the donee organization. Amend federal taxes The acknowledgement should show the amount of cash contributed, a description of the property contributed, and either gives a description and a good faith estimate of the value of any goods or services provided in return for the contribution or states that no goods or services were provided in return for the contribution. Amend federal taxes The acknowledgement should be received by the due date (including extensions) of the return, or, if earlier, the date the return was filed. Amend federal taxes Keep the acknowledgement with other corporate records. Amend federal taxes Do not attach the acknowledgement to the return. Amend federal taxes Contributions of property other than cash. Amend federal taxes   If a corporation (other than a closely-held or a personal service corporation) claims a deduction of more than $500 for contributions of property other than cash, a schedule describing the property and the method used to determine its fair market value must be attached to the corporation's return. Amend federal taxes In addition the corporation should keep a record of: The approximate date and manner of acquisition of the donated property and The cost or other basis of the donated property held by the donor for less than 12 months prior to contribution. Amend federal taxes   Closely held and personal service corporations must complete and attach Form 8283, Noncash Charitable Contributions, to their returns if they claim a deduction of more than $500 for non-cash contributions. Amend federal taxes For all other corporations, if the deduction claimed for donated property exceeds $5,000, complete Form 8283 and attach it to the corporation's return. Amend federal taxes   A corporation must obtain a qualified appraisal for all deductions of property claimed in excess of $5,000. Amend federal taxes A qualified appraisal is not required for the donation of cash, publicly traded securities, inventory, and any qualified vehicles sold by a donee organization without any significant intervening use or material improvement. Amend federal taxes The appraisal should be maintained with other corporate records and only attached to the corporation's return when the deduction claimed exceeds $500,000; $20,000 for donated art work. Amend federal taxes   See Form 8283 for more information. Amend federal taxes Qualified conservation contributions. Amend federal taxes   If a corporation makes a qualified conservation contribution, the corporation must provide information regarding the legal interest being donated, the fair market value of the underlying property before and after the donation, and a description of the conservation purpose for which the property will be used. Amend federal taxes For more information, see section 170(h) of the Internal Revenue Code. Amend federal taxes Contributions of used vehicles. Amend federal taxes   A corporation is allowed a deduction for the contribution of used motor vehicles, boats, and airplanes. Amend federal taxes The deduction is limited, and other special rules apply. Amend federal taxes For more information, see Publication 526. Amend federal taxes Reduction for contributions of certain property. Amend federal taxes   For a charitable contribution of property, the corporation must reduce the contribution by the sum of: The ordinary income and short-term capital gain that would have resulted if the property were sold at its FMV and For certain contributions, the long-term capital gain that would have resulted if the property were sold at its FMV. Amend federal taxes   The reduction for the long-term capital gain applies to: Contributions of tangible personal property for use by an exempt organization for a purpose or function unrelated to the basis for its exemption; Contributions of any property to or for the use of certain private foundations except for stock for which market quotations are readily available; and Contributions of any patent, certain copyrights, trademark, trade name, trade secret, know-how, software (that is a section 197 intangible), or similar property, or applications or registrations of such property. Amend federal taxes Larger deduction. Amend federal taxes   A corporation (other than an S corporation) may be able to claim a deduction equal to the lesser of (a) the basis of the donated inventory or property plus one-half of the inventory or property's appreciation (gain if the donated inventory or property was sold at fair market value on the date of the donation), or (b) two times basis of the donated inventory or property. Amend federal taxes This deduction may be allowed for certain contributions of: Certain inventory and other property made to a donee organization and used solely for the care of the ill, the needy, and infants. Amend federal taxes Scientific property constructed by the corporation (other than an S corporation, personal holding company, or personal service corporation) and donated no later than 2 years after substantial completion of the construction. Amend federal taxes The property must be donated to a qualified organization and its original use must be by the donee for research, experimentation, or research training within the United States in the area of physical or biological science. Amend federal taxes Computer technology and equipment acquired or constructed and donated no later than 3 years after either acquisition or substantial completion of construction to an educational organization for educational purposes within the United States. Amend federal taxes Contributions to organizations conducting lobbying activities. Amend federal taxes   Contributions made to an organization that conducts lobbying activities are not deductible if: The lobbying activities relate to matters of direct financial interest to the donor's trade or business and The principal purpose of the contribution was to avoid federal income tax by obtaining a deduction for activities that would have been nondeductible under the lobbying expense rules if conducted directly by the donor. Amend federal taxes More information. Amend federal taxes   For more information on charitable contributions, including substantiation and recordkeeping requirements, see section 170 of the Internal Revenue Code, the related regulations, and Publication 526. Amend federal taxes Capital Losses A corporation can deduct capital losses only up to the amount of its capital gains. Amend federal taxes In other words, if a corporation has an excess capital loss, it cannot deduct the loss in the current tax year. Amend federal taxes Instead, it carries the loss to other tax years and deducts it from any net capital gains that occur in those years. Amend federal taxes A capital loss is carried to other years in the following order. Amend federal taxes 3 years prior to the loss year. Amend federal taxes 2 years prior to the loss year. Amend federal taxes 1 year prior to the loss year. Amend federal taxes Any loss remaining is carried forward for 5 years. Amend federal taxes When you carry a net capital loss to another tax year, treat it as a short-term loss. Amend federal taxes It does not retain its original identity as long term or short term. Amend federal taxes Example. Amend federal taxes A calendar year corporation has a net short-term capital gain of $3,000 and a net long-term capital loss of $9,000. Amend federal taxes The short-term gain offsets some of the long-term loss, leaving a net capital loss of $6,000. Amend federal taxes The corporation treats this $6,000 as a short-term loss when carried back or forward. Amend federal taxes The corporation carries the $6,000 short-term loss back 3 years. Amend federal taxes In year 1, the corporation had a net short-term capital gain of $8,000 and a net long-term capital gain of $5,000. Amend federal taxes It subtracts the $6,000 short-term loss first from the net short-term gain. Amend federal taxes This results in a net capital gain for year 1 of $7,000. Amend federal taxes This consists of a net short-term capital gain of $2,000 ($8,000 − $6,000) and a net long-term capital gain of $5,000. Amend federal taxes S corporation status. Amend federal taxes   A corporation may not carry a capital loss from, or to, a year for which it is an S corporation. Amend federal taxes Rules for carryover and carryback. Amend federal taxes   When carrying a capital loss from one year to another, the following rules apply. Amend federal taxes When figuring the current year's net capital loss, you cannot combine it with a capital loss carried from another year. Amend federal taxes In other words, you can carry capital losses only to years that would otherwise have a total net capital gain. Amend federal taxes If you carry capital losses from 2 or more years to the same year, deduct the loss from the earliest year first. Amend federal taxes You cannot use a capital loss carried from another year to produce or increase a net operating loss in the year to which you carry it back. Amend federal taxes Refunds. Amend federal taxes   When you carry back a capital loss to an earlier tax year, refigure your tax for that year. Amend federal taxes If your corrected tax is less than the tax you originally owed, use either Form 1139, Corporate Application for Tentative Refund, or Form 1120X, Amended U. Amend federal taxes S. Amend federal taxes Corporation Income Tax Return, to apply for a refund. Amend federal taxes Form 1139. Amend federal taxes    A corporation can get a refund faster by using Form 1139. Amend federal taxes It cannot file Form 1139 before filing the return for the corporation's capital loss year, but it must file Form 1139 no later than 1 year after the year it sustains the capital loss. Amend federal taxes Form 1120X. Amend federal taxes   If the corporation does not file Form 1139, it must file Form 1120X to apply for a refund. Amend federal taxes The corporation must file the Form 1120X within 3 years of the due date, includin
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