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Can I File My 2011 Taxes In 2013

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Can I File My 2011 Taxes In 2013

Can i file my 2011 taxes in 2013 9. Can i file my 2011 taxes in 2013   Rental Income and Expenses Table of Contents Introduction Useful Items - You may want to see: Rental Income Rental ExpensesVacant while listed for sale. Can i file my 2011 taxes in 2013 Repairs and Improvements Other Expenses Property Changed to Rental Use Renting Part of Property Not Rented for Profit Personal Use of Dwelling Unit (Including Vacation Home)Example. Can i file my 2011 taxes in 2013 Dividing Expenses Dwelling Unit Used as a Home Reporting Income and Deductions DepreciationChanging your accounting method to deduct unclaimed depreciation. Can i file my 2011 taxes in 2013 Limits on Rental LossesAt-Risk Rules Passive Activity Limits How To Report Rental Income and ExpensesSchedule E (Form 1040) Introduction This chapter discusses rental income and expenses. Can i file my 2011 taxes in 2013 It also covers the following topics. Can i file my 2011 taxes in 2013 Personal use of dwelling unit (including vacation home). Can i file my 2011 taxes in 2013 Depreciation. Can i file my 2011 taxes in 2013 Limits on rental losses. Can i file my 2011 taxes in 2013 How to report your rental income and expenses. Can i file my 2011 taxes in 2013 If you sell or otherwise dispose of your rental property, see Publication 544, Sales and Other Dispositions of Assets. Can i file my 2011 taxes in 2013 If you have a loss from damage to, or theft of, rental property, see Publication 547, Casualties, Disasters, and Thefts. Can i file my 2011 taxes in 2013 If you rent a condominium or a cooperative apartment, some special rules apply to you even though you receive the same tax treatment as other owners of rental property. Can i file my 2011 taxes in 2013 See Publication 527, Residential Rental Property, for more information. Can i file my 2011 taxes in 2013 Useful Items - You may want to see: Publication 527 Residential Rental Property 534 Depreciating Property Placed in Service Before 1987 535 Business Expenses 925 Passive Activity and At-Risk Rules 946 How To Depreciate Property Form (and Instructions) 4562 Depreciation and Amortization 6251 Alternative Minimum Tax—Individuals 8582 Passive Activity Loss Limitations Schedule E (Form 1040) Supplemental Income and Loss Rental Income In most cases, you must include in your gross income all amounts you receive as rent. Can i file my 2011 taxes in 2013 Rental income is any payment you receive for the use or occupation of property. Can i file my 2011 taxes in 2013 In addition to amounts you receive as normal rent payments, there are other amounts that may be rental income. Can i file my 2011 taxes in 2013 When to report. Can i file my 2011 taxes in 2013   If you are a cash-basis taxpayer, you report rental income on your return for the year you actually or constructively receive it. Can i file my 2011 taxes in 2013 You are a cash-basis taxpayer if you report income in the year you receive it, regardless of when it was earned. Can i file my 2011 taxes in 2013 You constructively receive income when it is made available to you, for example, by being credited to your bank account. Can i file my 2011 taxes in 2013   For more information about when you constructively receive income, see Accounting Methods in chapter 1. Can i file my 2011 taxes in 2013 Advance rent. Can i file my 2011 taxes in 2013   Advance rent is any amount you receive before the period that it covers. Can i file my 2011 taxes in 2013 Include advance rent in your rental income in the year you receive it regardless of the period covered or the method of accounting you use. Can i file my 2011 taxes in 2013 Example. Can i file my 2011 taxes in 2013 You sign a 10-year lease to rent your property. Can i file my 2011 taxes in 2013 In the first year, you receive $5,000 for the first year's rent and $5,000 as rent for the last year of the lease. Can i file my 2011 taxes in 2013 You must include $10,000 in your income in the first year. Can i file my 2011 taxes in 2013 Canceling a lease. Can i file my 2011 taxes in 2013   If your tenant pays you to cancel a lease, the amount you receive is rent. Can i file my 2011 taxes in 2013 Include the payment in your income in the year you receive it regardless of your method of accounting. Can i file my 2011 taxes in 2013 Expenses paid by tenant. Can i file my 2011 taxes in 2013   If your tenant pays any of your expenses, the payments are rental income. Can i file my 2011 taxes in 2013 Because you must include this amount in income, you can deduct the expenses if they are deductible rental expenses. Can i file my 2011 taxes in 2013 See Rental Expenses , later, for more information. Can i file my 2011 taxes in 2013 Property or services. Can i file my 2011 taxes in 2013   If you receive property or services, instead of money, as rent, include the fair market value of the property or services in your rental income. Can i file my 2011 taxes in 2013   If the services are provided at an agreed upon or specified price, that price is the fair market value unless there is evidence to the contrary. Can i file my 2011 taxes in 2013 Security deposits. Can i file my 2011 taxes in 2013   Do not include a security deposit in your income when you receive it if you plan to return it to your tenant at the end of the lease. Can i file my 2011 taxes in 2013 But if you keep part or all of the security deposit during any year because your tenant does not live up to the terms of the lease, include the amount you keep in your income in that year. Can i file my 2011 taxes in 2013   If an amount called a security deposit is to be used as a final payment of rent, it is advance rent. Can i file my 2011 taxes in 2013 Include it in your income when you receive it. Can i file my 2011 taxes in 2013 Part interest. Can i file my 2011 taxes in 2013   If you own a part interest in rental property, you must report your part of the rental income from the property. Can i file my 2011 taxes in 2013 Rental of property also used as your home. Can i file my 2011 taxes in 2013   If you rent property that you also use as your home and you rent it less than 15 days during the tax year, do not include the rent you receive in your income and do not deduct rental expenses. Can i file my 2011 taxes in 2013 However, you can deduct on Schedule A (Form 1040) the interest, taxes, and casualty and theft losses that are allowed for nonrental property. Can i file my 2011 taxes in 2013 See Personal Use of Dwelling Unit (Including Vacation Home) , later. Can i file my 2011 taxes in 2013 Rental Expenses This part discusses expenses of renting property that you ordinarily can deduct from your rental income. Can i file my 2011 taxes in 2013 It includes information on the expenses you can deduct if you rent part of your property, or if you change your property to rental use. Can i file my 2011 taxes in 2013 Depreciation , which you can also deduct from your rental income, is discussed later. Can i file my 2011 taxes in 2013 Personal use of rental property. Can i file my 2011 taxes in 2013   If you sometimes use your rental property for personal purposes, you must divide your expenses between rental and personal use. Can i file my 2011 taxes in 2013 Also, your rental expense deductions may be limited. Can i file my 2011 taxes in 2013 See Personal Use of Dwelling Unit (Including Vacation Home) , later. Can i file my 2011 taxes in 2013 Part interest. Can i file my 2011 taxes in 2013   If you own a part interest in rental property, you can deduct expenses that you paid according to your percentage of ownership. Can i file my 2011 taxes in 2013 When to deduct. Can i file my 2011 taxes in 2013   If you are a cash-basis taxpayer, you generally deduct your rental expenses in the year you pay them. Can i file my 2011 taxes in 2013 Depreciation. Can i file my 2011 taxes in 2013   You can begin to depreciate rental property when it is ready and available for rent. Can i file my 2011 taxes in 2013 See Placed-in-Service under When Does Depreciation Begin and End in chapter 2 of Publication 527. Can i file my 2011 taxes in 2013 Pre-rental expenses. Can i file my 2011 taxes in 2013   You can deduct your ordinary and necessary expenses for managing, conserving, or maintaining rental property from the time you make it available for rent. Can i file my 2011 taxes in 2013 Uncollected rent. Can i file my 2011 taxes in 2013   If you are a cash-basis taxpayer, do not deduct uncollected rent. Can i file my 2011 taxes in 2013 Because you have not included it in your income, it is not deductible. Can i file my 2011 taxes in 2013 Vacant rental property. Can i file my 2011 taxes in 2013   If you hold property for rental purposes, you may be able to deduct your ordinary and necessary expenses (including depreciation) for managing, conserving, or maintaining the property while the property is vacant. Can i file my 2011 taxes in 2013 However, you cannot deduct any loss of rental income for the period the property is vacant. Can i file my 2011 taxes in 2013 Vacant while listed for sale. Can i file my 2011 taxes in 2013   If you sell property you held for rental purposes, you can deduct the ordinary and necessary expenses for managing, conserving, or maintaining the property until it is sold. Can i file my 2011 taxes in 2013 If the property is not held out and available for rent while listed for sale, the expenses are not deductible rental expenses. Can i file my 2011 taxes in 2013 Repairs and Improvements Generally, an expense for repairing or maintaining your rental property may be deducted if you are not required to capitalize the expense. Can i file my 2011 taxes in 2013 Improvements. Can i file my 2011 taxes in 2013   You must capitalize any expense you pay to improve your rental property. Can i file my 2011 taxes in 2013 An expense is for an improvement if it results in a betterment to your property, restores your property, or adapts your property to a new or different use. Can i file my 2011 taxes in 2013 Betterments. Can i file my 2011 taxes in 2013   Expenses that may result in a betterment to your property include expenses for fixing a pre-existing defect or condition, enlarging or expanding your property, or increasing the capacity, strength, or quality of your property. Can i file my 2011 taxes in 2013 Restoration. Can i file my 2011 taxes in 2013   Expenses that may be for restoration include expenses for replacing a substantial structural part of your property, repairing damage to your property after you properly adjusted the basis of your property as a result of a casualty loss, or rebuilding your property to a like-new condition. Can i file my 2011 taxes in 2013 Adaptation. Can i file my 2011 taxes in 2013   Expenses that may be for adaptation include expenses for altering your property to a use that is not consistent with the intended ordinary use of your property when you began renting the property. Can i file my 2011 taxes in 2013 Separate the costs of repairs and improvements, and keep accurate records. Can i file my 2011 taxes in 2013 You will need to know the cost of improvements when you sell or depreciate your property. Can i file my 2011 taxes in 2013 The expenses you capitalize for improving your property can generally be depreciated as if the improvement were separate property. Can i file my 2011 taxes in 2013 Other Expenses Other expenses you can deduct from your rental income include advertising, cleaning and maintenance, utilities, fire and liability insurance, taxes, interest, commissions for the collection of rent, ordinary and necessary travel and transportation, and other expenses, discussed next. Can i file my 2011 taxes in 2013 Insurance premiums paid in advance. Can i file my 2011 taxes in 2013   If you pay an insurance premium for more than one year in advance, for each year of coverage you can deduct the part of the premium payment that will apply to that year. Can i file my 2011 taxes in 2013 You cannot deduct the total premium in the year you pay it. Can i file my 2011 taxes in 2013 Legal and other professional fees. Can i file my 2011 taxes in 2013   You can deduct, as a rental expense, legal and other professional expenses, such as tax return preparation fees you paid to prepare Schedule E (Form 1040), Part I. Can i file my 2011 taxes in 2013 For example, on your 2013 Schedule E, you can deduct fees paid in 2013 to prepare your 2012 Schedule E, Part I. Can i file my 2011 taxes in 2013 You can also deduct, as a rental expense, any expense (other than federal taxes and penalties) you paid to resolve a tax underpayment related to your rental activities. Can i file my 2011 taxes in 2013 Local benefit taxes. Can i file my 2011 taxes in 2013   In most cases, you cannot deduct charges for local benefits that increase the value of your property, such as charges for putting in streets, sidewalks, or water and sewer systems. Can i file my 2011 taxes in 2013 These charges are nondepreciable capital expenditures, and must be added to the basis of your property. Can i file my 2011 taxes in 2013 However, you can deduct local benefit taxes that are for maintaining, repairing, or paying interest charges for the benefits. Can i file my 2011 taxes in 2013 Local transportation expenses. Can i file my 2011 taxes in 2013    You may be able to deduct your ordinary and necessary local transportation expenses if you incur them to collect rental income or to manage, conserve, or maintain your rental property. Can i file my 2011 taxes in 2013 However, transportation expenses incurred to travel between your home and a rental property generally constitute nondeductible commuting costs unless you use your home as your principal place of business. Can i file my 2011 taxes in 2013 See Publication 587, Business Use of Your Home, for information on determining if your home office qualifies as a principal place of business. Can i file my 2011 taxes in 2013   Generally, if you use your personal car, pickup truck, or light van for rental activities, you can deduct the expenses using one of two methods: actual expenses or the standard mileage rate. Can i file my 2011 taxes in 2013 For 2013, the standard mileage rate for business use is 56. Can i file my 2011 taxes in 2013 5 cents per mile. Can i file my 2011 taxes in 2013 For more information, see chapter 26. Can i file my 2011 taxes in 2013    To deduct car expenses under either method, you must keep records that follow the rules in chapter 26. Can i file my 2011 taxes in 2013 In addition, you must complete Form 4562, Part V, and attach it to your tax return. Can i file my 2011 taxes in 2013 Rental of equipment. Can i file my 2011 taxes in 2013   You can deduct the rent you pay for equipment that you use for rental purposes. Can i file my 2011 taxes in 2013 However, in some cases, lease contracts are actually purchase contracts. Can i file my 2011 taxes in 2013 If so, you cannot deduct these payments. Can i file my 2011 taxes in 2013 You can recover the cost of purchased equipment through depreciation. Can i file my 2011 taxes in 2013 Rental of property. Can i file my 2011 taxes in 2013   You can deduct the rent you pay for property that you use for rental purposes. Can i file my 2011 taxes in 2013 If you buy a leasehold for rental purposes, you can deduct an equal part of the cost each year over the term of the lease. Can i file my 2011 taxes in 2013 Travel expenses. Can i file my 2011 taxes in 2013   You can deduct the ordinary and necessary expenses of traveling away from home if the primary purpose of the trip is to collect rental income or to manage, conserve, or maintain your rental property. Can i file my 2011 taxes in 2013 You must properly allocate your expenses between rental and nonrental activities. Can i file my 2011 taxes in 2013 You cannot deduct the cost of traveling away from home if the primary purpose of the trip was to improve your property. Can i file my 2011 taxes in 2013 You recover the cost of improvements by taking depreciation. Can i file my 2011 taxes in 2013 For information on travel expenses, see chapter 26. Can i file my 2011 taxes in 2013    To deduct travel expenses, you must keep records that follow the rules in chapter 26. Can i file my 2011 taxes in 2013   See Rental Expenses in Publication 527 for more information. Can i file my 2011 taxes in 2013 Property Changed to Rental Use If you change your home or other property (or a part of it) to rental use at any time other than the beginning of your tax year, you must divide yearly expenses, such as taxes and insurance, between rental use and personal use. Can i file my 2011 taxes in 2013 You can deduct as rental expenses only the part of the expense that is for the part of the year the property was used or held for rental purposes. Can i file my 2011 taxes in 2013 You cannot deduct depreciation or insurance for the part of the year the property was held for personal use. Can i file my 2011 taxes in 2013 However, you can include the home mortgage interest, qualified mortgage insurance premiums, and real estate tax expenses for the part of the year the property was held for personal use as an itemized deduction on Schedule A (Form 1040). Can i file my 2011 taxes in 2013 Example. Can i file my 2011 taxes in 2013 Your tax year is the calendar year. Can i file my 2011 taxes in 2013 You moved from your home in May and started renting it out on June 1. Can i file my 2011 taxes in 2013 You can deduct as rental expenses seven-twelfths of your yearly expenses, such as taxes and insurance. Can i file my 2011 taxes in 2013 Starting with June, you can deduct as rental expenses the amounts you pay for items generally billed monthly, such as utilities. Can i file my 2011 taxes in 2013 Renting Part of Property If you rent part of your property, you must divide certain expenses between the part of the property used for rental purposes and the part of the property used for personal purposes, as though you actually had two separate pieces of property. Can i file my 2011 taxes in 2013 You can deduct the expenses related to the part of the property used for rental purposes, such as home mortgage interest, qualified mortgage insurance premiums, and real estate taxes, as rental expenses on Schedule E (Form 1040). Can i file my 2011 taxes in 2013 You can also deduct as rental expenses a portion of other expenses that normally are nondeductible personal expenses, such as expenses for electricity or painting the outside of your house. Can i file my 2011 taxes in 2013 There is no change in the types of expenses deductible for the personal-use part of your property. Can i file my 2011 taxes in 2013 Generally, these expenses may be deducted only if you itemize your deductions on Schedule A (Form 1040). Can i file my 2011 taxes in 2013 You cannot deduct any part of the cost of the first phone line even if your tenants have unlimited use of it. Can i file my 2011 taxes in 2013 You do not have to divide the expenses that belong only to the rental part of your property. Can i file my 2011 taxes in 2013 For example, if you paint a room that you rent, or if you pay premiums for liability insurance in connection with renting a room in your home, your entire cost is a rental expense. Can i file my 2011 taxes in 2013 If you install a second phone line strictly for your tenants' use, all of the cost of the second line is deductible as a rental expense. Can i file my 2011 taxes in 2013 You can deduct depreciation, discussed later, on the part of the house used for rental purposes as well as on the furniture and equipment you use for rental purposes. Can i file my 2011 taxes in 2013 How to divide expenses. Can i file my 2011 taxes in 2013   If an expense is for both rental use and personal use, such as mortgage interest or heat for the entire house, you must divide the expense between the rental use and the personal use. Can i file my 2011 taxes in 2013 You can use any reasonable method for dividing the expense. Can i file my 2011 taxes in 2013 It may be reasonable to divide the cost of some items (for example, water) based on the number of people using them. Can i file my 2011 taxes in 2013 The two most common methods for dividing an expense are based on (1) the number of rooms in your home, and (2) the square footage of your home. Can i file my 2011 taxes in 2013 Not Rented for Profit If you do not rent your property to make a profit, you can deduct your rental expenses only up to the amount of your rental income. Can i file my 2011 taxes in 2013 You cannot deduct a loss or carry forward to the next year any rental expenses that are more than your rental income for the year. Can i file my 2011 taxes in 2013 For more information about the rules for an activity not engaged in for profit, see Not-for-Profit Activities in chapter 1 of Publication 535. Can i file my 2011 taxes in 2013 Where to report. Can i file my 2011 taxes in 2013   Report your not-for-profit rental income on Form 1040, line 21. Can i file my 2011 taxes in 2013 For example, you can include your mortgage interest and any qualified mortgage insurance premiums (if you use the property as your main home or second home), real estate taxes, and casualty losses on the appropriate lines of Schedule A (Form 1040) if you itemize your deductions. Can i file my 2011 taxes in 2013   If you itemize your deductions, claim your other rental expenses, subject to the rules explained in chapter 1 of Publication 535, as miscellaneous itemized deductions on Form 1040, Schedule A, line 23. Can i file my 2011 taxes in 2013 You can deduct these expenses only if they, together with certain other miscellaneous itemized deductions, total more than 2% of your adjusted gross income. Can i file my 2011 taxes in 2013 Personal Use of Dwelling Unit (Including Vacation Home) If you have any personal use of a dwelling unit (including a vacation home) that you rent, you must divide your expenses between rental use and personal use. Can i file my 2011 taxes in 2013 In general, your rental expenses will be no more than your total expenses multiplied by a fraction; the denominator of which is the total number of days the dwelling unit is used and the numerator of which is the total number of days actually rented at a fair rental price. Can i file my 2011 taxes in 2013 Only your rental expenses may be deducted on Schedule E (Form 1040). Can i file my 2011 taxes in 2013 Some of your personal expenses may be deductible if you itemize your deductions on Schedule A (Form 1040). Can i file my 2011 taxes in 2013 You must also determine if the dwelling unit is considered a home. Can i file my 2011 taxes in 2013 The amount of rental expenses that you can deduct may be limited if the dwelling unit is considered a home. Can i file my 2011 taxes in 2013 Whether a dwelling unit is considered a home depends on how many days during the year are considered to be days of personal use. Can i file my 2011 taxes in 2013 There is a special rule if you used the dwelling unit as a home and you rented it for less than 15 days during the year. Can i file my 2011 taxes in 2013 Dwelling unit. Can i file my 2011 taxes in 2013   A dwelling unit includes a house, apartment, condominium, mobile home, boat, vacation home, or similar property. Can i file my 2011 taxes in 2013 It also includes all structures or other property belonging to the dwelling unit. Can i file my 2011 taxes in 2013 A dwelling unit has basic living accommodations, such as sleeping space, a toilet, and cooking facilities. Can i file my 2011 taxes in 2013   A dwelling unit does not include property used solely as a hotel, motel, inn, or similar establishment. Can i file my 2011 taxes in 2013 Property is used solely as a hotel, motel, inn, or similar establishment if it is regularly available for occupancy by paying customers and is not used by an owner as a home during the year. Can i file my 2011 taxes in 2013 Example. Can i file my 2011 taxes in 2013   You rent a room in your home that is always available for short-term occupancy by paying customers. Can i file my 2011 taxes in 2013 You do not use the room yourself, and you allow only paying customers to use the room. Can i file my 2011 taxes in 2013 The room is used solely as a hotel, motel, inn, or similar establishment and is not a dwelling unit. Can i file my 2011 taxes in 2013 Dividing Expenses If you use a dwelling unit for both rental and personal purposes, divide your expenses between the rental use and the personal use based on the number of days used for each purpose. Can i file my 2011 taxes in 2013 When dividing your expenses, follow these rules. Can i file my 2011 taxes in 2013 Any day that the unit is rented at a fair rental price is a day of rental use even if you used the unit for personal purposes that day. Can i file my 2011 taxes in 2013 This rule does not apply when determining whether you used the unit as a home. Can i file my 2011 taxes in 2013 Any day that the unit is available for rent but not actually rented is not a day of rental use. Can i file my 2011 taxes in 2013 Example. Can i file my 2011 taxes in 2013 Your beach cottage was available for rent from June 1 through August 31 (92 days). Can i file my 2011 taxes in 2013 During that time, except for the first week in August (7 days) when you were unable to find a renter, you rented the cottage at a fair rental price. Can i file my 2011 taxes in 2013 The person who rented the cottage for July allowed you to use it over the weekend (2 days) without any reduction in or refund of rent. Can i file my 2011 taxes in 2013 Your family also used the cottage during the last 2 weeks of May (14 days). Can i file my 2011 taxes in 2013 The cottage was not used at all before May 17 or after August 31. Can i file my 2011 taxes in 2013 You figure the part of the cottage expenses to treat as rental expenses as follows. Can i file my 2011 taxes in 2013 The cottage was used for rental a total of 85 days (92 − 7). Can i file my 2011 taxes in 2013 The days it was available for rent but not rented (7 days) are not days of rental use. Can i file my 2011 taxes in 2013 The July weekend (2 days) you used it is rental use because you received a fair rental price for the weekend. Can i file my 2011 taxes in 2013 You used the cottage for personal purposes for 14 days (the last 2 weeks in May). Can i file my 2011 taxes in 2013 The total use of the cottage was 99 days (14 days personal use + 85 days rental use). Can i file my 2011 taxes in 2013 Your rental expenses are 85/99 (86%) of the cottage expenses. Can i file my 2011 taxes in 2013 Note. Can i file my 2011 taxes in 2013 When determining whether you used the cottage as a home, the July weekend (2 days) you used it is considered personal use even though you received a fair rental price for the weekend. Can i file my 2011 taxes in 2013 Therefore, you had 16 days of personal use and 83 days of rental use for this purpose. Can i file my 2011 taxes in 2013 Because you used the cottage for personal purposes more than 14 days and more than 10% of the days of rental use (8 days), you used it as a home. Can i file my 2011 taxes in 2013 If you have a net loss, you may not be able to deduct all of the rental expenses. Can i file my 2011 taxes in 2013 See Dwelling Unit Used as a Home, next. Can i file my 2011 taxes in 2013 Dwelling Unit Used as a Home If you use a dwelling unit for both rental and personal purposes, the tax treatment of the rental expenses you figured earlier under Dividing Expenses and rental income depends on whether you are considered to be using the dwelling unit as a home. Can i file my 2011 taxes in 2013 You use a dwelling unit as a home during the tax year if you use it for personal purposes more than the greater of: 14 days, or 10% of the total days it is rented to others at a fair rental price. Can i file my 2011 taxes in 2013 See What is a day of personal use , later. Can i file my 2011 taxes in 2013 Fair rental price. Can i file my 2011 taxes in 2013   A fair rental price for your property generally is the amount of rent that a person who is not related to you would be willing to pay. Can i file my 2011 taxes in 2013 The rent you charge is not a fair rental price if it is substantially less than the rents charged for other properties that are similar to your property in your area. Can i file my 2011 taxes in 2013   If a dwelling unit is used for personal purposes on a day it is rented at a fair rental price, do not count that day as a day of rental use in applying (2) above. Can i file my 2011 taxes in 2013 Instead, count it as a day of personal use in applying both (1) and (2) above. Can i file my 2011 taxes in 2013 What is a day of personal use?   A day of personal use of a dwelling unit is any day that the unit is used by any of the following persons. Can i file my 2011 taxes in 2013 You or any other person who has an interest in the unit, unless you rent it to another owner as his or her main home under a shared equity financing agreement (defined later). Can i file my 2011 taxes in 2013 However, see Days used as a main home before or after renting , later. Can i file my 2011 taxes in 2013 A member of your family or a member of the family of any other person who owns an interest in the unit, unless the family member uses the dwelling unit as his or her main home and pays a fair rental price. Can i file my 2011 taxes in 2013 Family includes only your spouse, brothers and sisters, half-brothers and half-sisters, ancestors (parents, grandparents, etc. Can i file my 2011 taxes in 2013 ), and lineal descendants (children, grandchildren, etc. Can i file my 2011 taxes in 2013 ). Can i file my 2011 taxes in 2013 Anyone under an arrangement that lets you use some other dwelling unit. Can i file my 2011 taxes in 2013 Anyone at less than a fair rental price. Can i file my 2011 taxes in 2013 Main home. Can i file my 2011 taxes in 2013   If the other person or member of the family in (1) or (2) above has more than one home, his or her main home is ordinarily the one he or she lived in most of the time. Can i file my 2011 taxes in 2013 Shared equity financing agreement. Can i file my 2011 taxes in 2013   This is an agreement under which two or more persons acquire undivided interests for more than 50 years in an entire dwelling unit, including the land, and one or more of the co-owners is entitled to occupy the unit as his or her main home upon payment of rent to the other co-owner or owners. Can i file my 2011 taxes in 2013 Donation of use of property. Can i file my 2011 taxes in 2013   You use a dwelling unit for personal purposes if: You donate the use of the unit to a charitable organization, The organization sells the use of the unit at a fund-raising event, and The “purchaser” uses the unit. Can i file my 2011 taxes in 2013 Examples. Can i file my 2011 taxes in 2013   The following examples show how to determine days of personal use. Can i file my 2011 taxes in 2013 Example 1. Can i file my 2011 taxes in 2013 You and your neighbor are co-owners of a condominium at the beach. Can i file my 2011 taxes in 2013 Last year, you rented the unit to vacationers whenever possible. Can i file my 2011 taxes in 2013 The unit was not used as a main home by anyone. Can i file my 2011 taxes in 2013 Your neighbor used the unit for 2 weeks last year; you did not use it at all. Can i file my 2011 taxes in 2013 Because your neighbor has an interest in the unit, both of you are considered to have used the unit for personal purposes during those 2 weeks. Can i file my 2011 taxes in 2013 Example 2. Can i file my 2011 taxes in 2013 You and your neighbors are co-owners of a house under a shared equity financing agreement. Can i file my 2011 taxes in 2013 Your neighbors live in the house and pay you a fair rental price. Can i file my 2011 taxes in 2013 Even though your neighbors have an interest in the house, the days your neighbors live there are not counted as days of personal use by you. Can i file my 2011 taxes in 2013 This is because your neighbors rent the house as their main home under a shared equity financing agreement. Can i file my 2011 taxes in 2013 Example 3. Can i file my 2011 taxes in 2013 You own a rental property that you rent to your son. Can i file my 2011 taxes in 2013 Your son does not own any interest in this property. Can i file my 2011 taxes in 2013 He uses it as his main home and pays you a fair rental price. Can i file my 2011 taxes in 2013 Your son's use of the property is not personal use by you because your son is using it as his main home, he owns no interest in the property, and he is paying you a fair rental price. Can i file my 2011 taxes in 2013 Example 4. Can i file my 2011 taxes in 2013 You rent your beach house to Joshua. Can i file my 2011 taxes in 2013 Joshua rents his cabin in the mountains to you. Can i file my 2011 taxes in 2013 You each pay a fair rental price. Can i file my 2011 taxes in 2013 You are using your house for personal purposes on the days that Joshua uses it because your house is used by Joshua under an arrangement that allows you to use his house. Can i file my 2011 taxes in 2013 Days used for repairs and maintenance. Can i file my 2011 taxes in 2013   Any day that you spend working substantially full time repairing and maintaining (not improving) your property is not counted as a day of personal use. Can i file my 2011 taxes in 2013 Do not count such a day as a day of personal use even if family members use the property for recreational purposes on the same day. Can i file my 2011 taxes in 2013 Days used as a main home before or after renting. Can i file my 2011 taxes in 2013   For purposes of determining whether a dwelling unit was used as a home, you may not have to count days you used the property as your main home before or after renting it or offering it for rent as days of personal use. Can i file my 2011 taxes in 2013 Do not count them as days of personal use if: You rented or tried to rent the property for 12 or more consecutive months. Can i file my 2011 taxes in 2013 You rented or tried to rent the property for a period of less than 12 consecutive months and the period ended because you sold or exchanged the property. Can i file my 2011 taxes in 2013 However, this special rule does not apply when dividing expenses between rental and personal use. Can i file my 2011 taxes in 2013 Examples. Can i file my 2011 taxes in 2013   The following examples show how to determine whether you used your rental property as a home. Can i file my 2011 taxes in 2013 Example 1. Can i file my 2011 taxes in 2013 You converted the basement of your home into an apartment with a bedroom, a bathroom, and a small kitchen. Can i file my 2011 taxes in 2013 You rented the basement apartment at a fair rental price to college students during the regular school year. Can i file my 2011 taxes in 2013 You rented to them on a 9-month lease (273 days). Can i file my 2011 taxes in 2013 You figured 10% of the total days rented to others at a fair rental price is 27 days. Can i file my 2011 taxes in 2013 During June (30 days), your brothers stayed with you and lived in the basement apartment rent free. Can i file my 2011 taxes in 2013 Your basement apartment was used as a home because you used it for personal purposes for 30 days. Can i file my 2011 taxes in 2013 Rent-free use by your brothers is considered personal use. Can i file my 2011 taxes in 2013 Your personal use (30 days) is more than the greater of 14 days or 10% of the total days it was rented (27 days). Can i file my 2011 taxes in 2013 Example 2. Can i file my 2011 taxes in 2013 You rented the guest bedroom in your home at a fair rental price during the local college's homecoming, commencement, and football weekends (a total of 27 days). Can i file my 2011 taxes in 2013 Your sister-in-law stayed in the room, rent free, for the last 3 weeks (21 days) in July. Can i file my 2011 taxes in 2013 You figured 10% of the total days rented to others at a fair rental price is 3 days. Can i file my 2011 taxes in 2013 The room was used as a home because you used it for personal purposes for 21 days. Can i file my 2011 taxes in 2013 That is more than the greater of 14 days or 10% of the 27 days it was rented (3 days). Can i file my 2011 taxes in 2013 Example 3. Can i file my 2011 taxes in 2013 You own a condominium apartment in a resort area. Can i file my 2011 taxes in 2013 You rented it at a fair rental price for a total of 170 days during the year. Can i file my 2011 taxes in 2013 For 12 of those days, the tenant was not able to use the apartment and allowed you to use it even though you did not refund any of the rent. Can i file my 2011 taxes in 2013 Your family actually used the apartment for 10 of those days. Can i file my 2011 taxes in 2013 Therefore, the apartment is treated as having been rented for 160 (170 − 10) days. Can i file my 2011 taxes in 2013 You figured 10% of the total days rented to others at a fair rental price is 16 days. Can i file my 2011 taxes in 2013 Your family also used the apartment for 7 other days during the year. Can i file my 2011 taxes in 2013 You used the apartment as a home because you used it for personal purposes for 17 days. Can i file my 2011 taxes in 2013 That is more than the greater of 14 days or 10% of the 160 days it was rented (16 days). Can i file my 2011 taxes in 2013 Minimal rental use. Can i file my 2011 taxes in 2013   If you use the dwelling unit as a home and you rent it less than 15 days during the year, that period is not treated as rental activity. Can i file my 2011 taxes in 2013 See Used as a home but rented less than 15 days , later, for more information. Can i file my 2011 taxes in 2013 Limit on deductions. Can i file my 2011 taxes in 2013   Renting a dwelling unit that is considered a home is not a passive activity. Can i file my 2011 taxes in 2013 Instead, if your rental expenses are more than your rental income, some or all of the excess expenses cannot be used to offset income from other sources. Can i file my 2011 taxes in 2013 The excess expenses that cannot be used to offset income from other sources are carried forward to the next year and treated as rental expenses for the same property. Can i file my 2011 taxes in 2013 Any expenses carried forward to the next year will be subject to any limits that apply for that year. Can i file my 2011 taxes in 2013 This limitation will apply to expenses carried forward to another year even if you do not use the property as your home for that subsequent year. Can i file my 2011 taxes in 2013   To figure your deductible rental expenses for this year and any carryover to next year, use Worksheet 9-1. Can i file my 2011 taxes in 2013 Reporting Income and Deductions Property not used for personal purposes. Can i file my 2011 taxes in 2013   If you do not use a dwelling unit for personal purposes, see How To Report Rental Income and Expenses , later, for how to report your rental income and expenses. Can i file my 2011 taxes in 2013 Property used for personal purposes. Can i file my 2011 taxes in 2013   If you do use a dwelling unit for personal purposes, then how you report your rental income and expenses depends on whether you used the dwelling unit as a home. Can i file my 2011 taxes in 2013 Not used as a home. Can i file my 2011 taxes in 2013   If you use a dwelling unit for personal purposes, but not as a home, report all the rental income in your income. Can i file my 2011 taxes in 2013 Since you used the dwelling unit for personal purposes, you must divide your expenses between the rental use and the personal use as described earlier in Dividing Expenses . Can i file my 2011 taxes in 2013 The expenses for personal use are not deductible as rental expenses. Can i file my 2011 taxes in 2013   Your deductible rental expenses can be more than your gross rental income; however, see Limits on Rental Losses , later. Can i file my 2011 taxes in 2013 Used as a home but rented less than 15 days. Can i file my 2011 taxes in 2013   If you use a dwelling unit as a home and you rent it less than 15 days during the year, its primary function is not considered to be rental and it should not be reported on Schedule E (Form 1040). Can i file my 2011 taxes in 2013 You are not required to report the rental income and rental expenses from this activity. Can i file my 2011 taxes in 2013 The expenses, including qualified mortgage interest, property taxes, and any qualified casualty loss will be reported as normally allowed on Schedule A (Form 1040). Can i file my 2011 taxes in 2013 See the Instructions for Schedule A (Form 1040) for more information on deducting these expenses. Can i file my 2011 taxes in 2013 Used as a home and rented 15 days or more. Can i file my 2011 taxes in 2013   If you use a dwelling unit as a home and rent it 15 days or more during the year, include all your rental income in your income. Can i file my 2011 taxes in 2013 Since you used the dwelling unit for personal purposes, you must divide your expenses between the rental use and the personal use as described earlier in Dividing Expenses . Can i file my 2011 taxes in 2013 The expenses for personal use are not deductible as rental expenses. Can i file my 2011 taxes in 2013   If you had a net profit from renting the dwelling unit for the year (that is, if your rental income is more than the total of your rental expenses, including depreciation), deduct all of your rental expenses. Can i file my 2011 taxes in 2013 You do not need to use Worksheet 9-1. Can i file my 2011 taxes in 2013   However, if you had a net loss from renting the dwelling unit for the year, your deduction for certain rental expenses is limited. Can i file my 2011 taxes in 2013 To figure your deductible rental expenses and any carryover to next year, use Worksheet 9-1. Can i file my 2011 taxes in 2013 Depreciation You recover the cost of income-producing property through yearly tax deductions. Can i file my 2011 taxes in 2013 You do this by depreciating the property; that is, by deducting some of the cost each year on your tax return. Can i file my 2011 taxes in 2013 Three factors determine how much depreciation you can deduct each year: (1) your basis in the property, (2) the recovery period for the property, and (3) the depreciation method used. Can i file my 2011 taxes in 2013 You cannot simply deduct your mortgage or principal payments, or the cost of furniture, fixtures, and equipment, as an expense. Can i file my 2011 taxes in 2013 You can deduct depreciation only on the part of your property used for rental purposes. Can i file my 2011 taxes in 2013 Depreciation reduces your basis for figuring gain or loss on a later sale or exchange. Can i file my 2011 taxes in 2013 You may have to use Form 4562 to figure and report your depreciation. Can i file my 2011 taxes in 2013 See How To Report Rental Income and Expenses , later. Can i file my 2011 taxes in 2013 Alternative minimum tax (AMT). Can i file my 2011 taxes in 2013    If you use accelerated depreciation, you may be subject to the AMT. Can i file my 2011 taxes in 2013 Accelerated depreciation allows you to deduct more depreciation earlier in the recovery period than you could deduct using a straight line method (same deduction each year). Can i file my 2011 taxes in 2013 Claiming the correct amount of depreciation. Can i file my 2011 taxes in 2013   You should claim the correct amount of depreciation each tax year. Can i file my 2011 taxes in 2013 If you did not claim all the depreciation you were entitled to deduct, you must still reduce your basis in the property by the full amount of depreciation that you could have deducted. Can i file my 2011 taxes in 2013   If you deducted an incorrect amount of depreciation for property in any year, you may be able to make a correction by filing Form 1040X, Amended U. Can i file my 2011 taxes in 2013 S Individual Income Tax Return. Can i file my 2011 taxes in 2013 If you are not allowed to make the correction on an amended return, you can change your accounting method to claim the correct amount of depreciation. Can i file my 2011 taxes in 2013 See Claiming the correct amount of depreciation in chapter 2 of Publication 527 for more information. Can i file my 2011 taxes in 2013 Changing your accounting method to deduct unclaimed depreciation. Can i file my 2011 taxes in 2013   To change your accounting method, you generally must file Form 3115, Application for Change in Accounting Method, to get the consent of the IRS. Can i file my 2011 taxes in 2013 In some instances, that consent is automatic. Can i file my 2011 taxes in 2013 For more information, see chapter 1 of Publication 946. Can i file my 2011 taxes in 2013 Land. Can i file my 2011 taxes in 2013   You cannot depreciate the cost of land because land generally does not wear out, become obsolete, or get used up. Can i file my 2011 taxes in 2013 The costs of clearing, grading, planting, and landscaping are usually all part of the cost of land and cannot be depreciated. Can i file my 2011 taxes in 2013 More information. Can i file my 2011 taxes in 2013   See Publication 527 for more information about depreciating rental property and see Publication 946 for more information about depreciation. Can i file my 2011 taxes in 2013 Limits on Rental Losses If you have a loss from your rental real estate activity, two sets of rules may limit the amount of loss you can deduct. Can i file my 2011 taxes in 2013 You must consider these rules in the order shown below. Can i file my 2011 taxes in 2013 At-risk rules. Can i file my 2011 taxes in 2013 These rules are applied first if there is investment in your rental real estate activity for which you are not at risk. Can i file my 2011 taxes in 2013 This applies only if the real property was placed in service after 1986. Can i file my 2011 taxes in 2013 Passive activity limits. Can i file my 2011 taxes in 2013 Generally, rental real estate activities are considered passive activities and losses are not deductible unless you have income from other passive activities to offset them. Can i file my 2011 taxes in 2013 However, there are exceptions. Can i file my 2011 taxes in 2013 At-Risk Rules You may be subject to the at-risk rules if you have: A loss from an activity carried on as a trade or business or for the production of income, and Amounts invested in the activity for which you are not fully at risk. Can i file my 2011 taxes in 2013 Losses from holding real property (other than mineral property) placed in service before 1987 are not subject to the at-risk rules. Can i file my 2011 taxes in 2013 In most cases, any loss from an activity subject to the at-risk rules is allowed only to the extent of the total amount you have at risk in the activity at the end of the tax year. Can i file my 2011 taxes in 2013 You are considered at risk in an activity to the extent of cash and the adjusted basis of other property you contributed to the activity and certain amounts borrowed for use in the activity. Can i file my 2011 taxes in 2013 See Publication 925 for more information. Can i file my 2011 taxes in 2013 Passive Activity Limits In most cases, all rental real estate activities (except those of certain real estate professionals, discussed later) are passive activities. Can i file my 2011 taxes in 2013 For this purpose, a rental activity is an activity from which you receive income mainly for the use of tangible property, rather than for services. Can i file my 2011 taxes in 2013 Limits on passive activity deductions and credits. Can i file my 2011 taxes in 2013    Deductions or losses from passive activities are limited. Can i file my 2011 taxes in 2013 You generally cannot offset income, other than passive income, with losses from passive activities. Can i file my 2011 taxes in 2013 Nor can you offset taxes on income, other than passive income, with credits resulting from passive activities. Can i file my 2011 taxes in 2013 Any excess loss or credit is carried forward to the next tax year. Can i file my 2011 taxes in 2013   For a detailed discussion of these rules, see Publication 925. Can i file my 2011 taxes in 2013    You may have to complete Form 8582 to figure the amount of any passive activity loss for the current tax year for all activities and the amount of the passive activity loss allowed on your tax return. Can i file my 2011 taxes in 2013 Real estate professionals. Can i file my 2011 taxes in 2013   Rental activities in which you materially participated during the year are not passive activities if, for that year, you were a real estate professional. Can i file my 2011 taxes in 2013 For a detailed discussion of the requirements, see Publication 527. Can i file my 2011 taxes in 2013 For a detailed discussion of material participation, see Publication 925. Can i file my 2011 taxes in 2013 Exception for Personal Use of Dwelling Unit If you used the rental property as a home during the year, any income, deductions, gain, or loss allocable to such use shall not be taken into account for purposes of the passive activity loss limitation. Can i file my 2011 taxes in 2013 Instead, follow the rules explained in Personal Use of Dwelling Unit (Including Vacation Home), earlier. Can i file my 2011 taxes in 2013 Exception for Rental Real Estate Activities With Active Participation If you or your spouse actively participated in a passive rental real estate activity, you may be able to deduct up to $25,000 of loss from the activity from your nonpassive income. Can i file my 2011 taxes in 2013 This special allowance is an exception to the general rule disallowing losses in excess of income from passive activities. Can i file my 2011 taxes in 2013 Similarly, you may be able to offset credits from the activity against the tax on up to $25,000 of nonpassive income after taking into account any losses allowed under this exception. Can i file my 2011 taxes in 2013 Active participation. Can i file my 2011 taxes in 2013   You actively participated in a rental real estate activity if you (and your spouse) owned at least 10% of the rental property and you made management decisions or arranged for others to provide services (such as repairs) in a significant and bona fide sense. Can i file my 2011 taxes in 2013 Management decisions that may count as active participation include approving new tenants, deciding on rental terms, approving expenditures, and similar decisions. Can i file my 2011 taxes in 2013 Maximum special allowance. Can i file my 2011 taxes in 2013   The maximum special allowance is: $25,000 for single individuals and married individuals filing a joint return for the tax year, $12,500 for married individuals who file separate returns for the tax year and lived apart from their spouses at all times during the tax year, and $25,000 for a qualifying estate reduced by the special allowance for which the surviving spouse qualified. Can i file my 2011 taxes in 2013   If your modified adjusted gross income (MAGI) is $100,000 or less ($50,000 or less if married filing separately), you can deduct your loss up to the amount specified above. Can i file my 2011 taxes in 2013 If your MAGI is more than $100,000 (more than $50,000 if married filing separately), your special allowance is limited to 50% of the difference between $150,000 ($75,000 if married filing separately) and your MAGI. Can i file my 2011 taxes in 2013   Generally, if your MAGI is $150,000 or more ($75,000 or more if you are married filing separately), there is no special allowance. Can i file my 2011 taxes in 2013 More information. Can i file my 2011 taxes in 2013   See Publication 925 for more information on the passive loss limits, including information on the treatment of unused disallowed passive losses and credits and the treatment of gains and losses realized on the disposition of a passive activity. Can i file my 2011 taxes in 2013 How To Report Rental Income and Expenses The basic form for reporting residential rental income and expenses is Schedule E (Form 1040). Can i file my 2011 taxes in 2013 However, do not use that schedule to report a not-for-profit activity. Can i file my 2011 taxes in 2013 See Not Rented for Profit, earlier. Can i file my 2011 taxes in 2013 Providing substantial services. Can i file my 2011 taxes in 2013   If you provide substantial services that are primarily for your tenant's convenience, such as regular cleaning, changing linen, or maid service, report your rental income and expenses on Schedule C (Form 1040), Profit or Loss From Business, or Schedule C-EZ (Form 1040), Net Profit From Business (Sole Proprietorship). Can i file my 2011 taxes in 2013 Substantial services do not include the furnishing of heat and light, cleaning of public areas, trash collection, etc. Can i file my 2011 taxes in 2013 For information, see Publication 334, Tax Guide for Small Business. Can i file my 2011 taxes in 2013 You also may have to pay self-employment tax on your rental income using Schedule SE (Form 1040), Self-Employment Tax. Can i file my 2011 taxes in 2013   Use Form 1065, U. Can i file my 2011 taxes in 2013 S. Can i file my 2011 taxes in 2013 Return of Partnership Income, if your rental activity is a partnership (including a partnership with your spouse unless it is a qualified joint venture). Can i file my 2011 taxes in 2013 Qualified joint venture. Can i file my 2011 taxes in 2013   If you and your spouse each materially participate as the only members of a jointly owned and operated real estate business, and you file a joint return for the tax year, you can make a joint election to be treated as a qualified joint venture instead of a partnership. Can i file my 2011 taxes in 2013 This election, in most cases, will not increase the total tax owed on the joint return, but it does give each of you credit for social security earnings on which retirement benefits are based and for Medicare coverage if your rental income is subject to self-employment tax. Can i file my 2011 taxes in 2013 For more information, see Publication 527. Can i file my 2011 taxes in 2013 Form 1098, Mortgage Interest Statement. Can i file my 2011 taxes in 2013    If you paid $600 or more of mortgage interest on your rental property to any one person, you should receive a Form 1098, or similar statement showing the interest you paid for the year. Can i file my 2011 taxes in 2013 If you and at least one other person (other than your spouse if you file a joint return) were liable for, and paid interest on the mortgage, and the other person received the Form 1098, report your share of the interest on Schedule E (Form 1040), line 13. Can i file my 2011 taxes in 2013 Attach a statement to your return showing the name and address of the other person. Can i file my 2011 taxes in 2013 In the left margin of Schedule E, next to line 13, enter “See attached. Can i file my 2011 taxes in 2013 ” Schedule E (Form 1040) If you rent buildings, rooms, or apartments, and provide basic services such as heat and light, trash collection, etc. Can i file my 2011 taxes in 2013 , you normally report your rental income and expenses on Schedule E, Part I. Can i file my 2011 taxes in 2013 List your total income, expenses, and depreciation for each rental property. Can i file my 2011 taxes in 2013 Be sure to enter the number of fair rental and personal use days on line 2. Can i file my 2011 taxes in 2013 If you have more than three rental or royalty properties, complete and attach as many Schedules E as are needed to list the properties. Can i file my 2011 taxes in 2013 Complete lines 1 and 2 for each property. Can i file my 2011 taxes in 2013 However, fill in lines 23a through 26 on only one Schedule E. Can i file my 2011 taxes in 2013 On Schedule E, page 1, line 18, enter the depreciation you are claiming for each property. Can i file my 2011 taxes in 2013 To find out if you need to attach Form 4562, see Form 4562, in chapter 3 of Publication 527. Can i file my 2011 taxes in 2013 If you have a loss from your rental real estate activity, you also may need to complete one or both of the following forms. Can i file my 2011 taxes in 2013 Form 6198, At-Risk Limitations. Can i file my 2011 taxes in 2013 See At-Risk Rules , earlier. Can i file my 2011 taxes in 2013 Also see Publication 925. Can i file my 2011 taxes in 2013 Form 8582, Passive Activity Loss Limitations. Can i file my 2011 taxes in 2013 See Passive Activity Limits , earlier. Can i file my 2011 taxes in 2013 Page 2 of Schedule E is used to report income or loss from partnerships, S corporations, estates, trusts, and real estate mortgage investment conduits. Can i file my 2011 taxes in 2013 If you need to use page 2 of Schedule E, be sure to use page 2 of the same Schedule E you used to enter your rental activity on page 1. Can i file my 2011 taxes in 2013 Also, include the amount from line 26 (Part I) in the “Total income or (loss)” on line 41 (Part V). Can i file my 2011 taxes in 2013 Worksheet 9-1. Can i file my 2011 taxes in 2013 Worksheet for Figuring Rental Deductions for a Dwelling Unit Used as a Home Use this worksheet only if you answer “yes” to all of the following questions. Can i file my 2011 taxes in 2013 Did you use the dwelling unit as a home this year? (See Dwelling Unit Used as a Home . Can i file my 2011 taxes in 2013 ) Did you rent the dwelling unit at a fair rental price 15 days or more this year? Is the total of your rental expenses and depreciation more than your rental income? PART I. Can i file my 2011 taxes in 2013 Rental Use Percentage A. Can i file my 2011 taxes in 2013 Total days available for rent at fair rental price A. Can i file my 2011 taxes in 2013       B. Can i file my 2011 taxes in 2013 Total days available for rent (line A) but not rented B. Can i file my 2011 taxes in 2013       C. Can i file my 2011 taxes in 2013 Total days of rental use. Can i file my 2011 taxes in 2013 Subtract line B from line A C. Can i file my 2011 taxes in 2013       D. Can i file my 2011 taxes in 2013 Total days of personal use (including days rented at less than fair rental price) D. Can i file my 2011 taxes in 2013       E. Can i file my 2011 taxes in 2013 Total days of rental and personal use. Can i file my 2011 taxes in 2013 Add lines C and D E. Can i file my 2011 taxes in 2013       F. Can i file my 2011 taxes in 2013 Percentage of expenses allowed for rental. Can i file my 2011 taxes in 2013 Divide line C by line E     F. Can i file my 2011 taxes in 2013   PART II. Can i file my 2011 taxes in 2013 Allowable Rental Expenses 1. Can i file my 2011 taxes in 2013 Enter rents received 1. Can i file my 2011 taxes in 2013   2a. Can i file my 2011 taxes in 2013 Enter the rental portion of deductible home mortgage interest and qualified mortgage insurance premiums (see instructions) 2a. Can i file my 2011 taxes in 2013       b. Can i file my 2011 taxes in 2013 Enter the rental portion of real estate taxes b. Can i file my 2011 taxes in 2013       c. Can i file my 2011 taxes in 2013 Enter the rental portion of deductible casualty and theft losses (see instructions) c. Can i file my 2011 taxes in 2013       d. Can i file my 2011 taxes in 2013 Enter direct rental expenses (see instructions) d. Can i file my 2011 taxes in 2013       e. Can i file my 2011 taxes in 2013 Fully deductible rental expenses. Can i file my 2011 taxes in 2013 Add lines 2a–2d. Can i file my 2011 taxes in 2013 Enter here and  on the appropriate lines on Schedule E (see instructions) 2e. Can i file my 2011 taxes in 2013   3. Can i file my 2011 taxes in 2013 Subtract line 2e from line 1. Can i file my 2011 taxes in 2013 If zero or less, enter -0- 3. Can i file my 2011 taxes in 2013   4a. Can i file my 2011 taxes in 2013 Enter the rental portion of expenses directly related to operating or maintaining  the dwelling unit (such as repairs, insurance, and utilities) 4a. Can i file my 2011 taxes in 2013       b. Can i file my 2011 taxes in 2013 Enter the rental portion of excess mortgage interest and qualified mortgage insurance premiums (see instructions) b. Can i file my 2011 taxes in 2013       c. Can i file my 2011 taxes in 2013 Carryover of operating expenses from 2012 worksheet c. Can i file my 2011 taxes in 2013       d. Can i file my 2011 taxes in 2013 Add lines 4a–4c d. Can i file my 2011 taxes in 2013       e. Can i file my 2011 taxes in 2013 Allowable expenses. Can i file my 2011 taxes in 2013 Enter the smaller of line 3 or line 4d (see instructions) 4e. Can i file my 2011 taxes in 2013   5. Can i file my 2011 taxes in 2013 Subtract line 4e from line 3. Can i file my 2011 taxes in 2013 If zero or less, enter -0- 5. Can i file my 2011 taxes in 2013   6a. Can i file my 2011 taxes in 2013 Enter the rental portion of excess casualty and theft losses (see instructions) 6a. Can i file my 2011 taxes in 2013       b. Can i file my 2011 taxes in 2013 Enter the rental portion of depreciation of the dwelling unit b. Can i file my 2011 taxes in 2013       c. Can i file my 2011 taxes in 2013 Carryover of excess casualty losses and depreciation from 2012 worksheet c. Can i file my 2011 taxes in 2013       d. Can i file my 2011 taxes in 2013 Add lines 6a–6c d. Can i file my 2011 taxes in 2013       e. Can i file my 2011 taxes in 2013 Allowable excess casualty and theft losses and depreciation. Can i file my 2011 taxes in 2013 Enter the smaller of  line 5 or line 6d (see instructions) 6e. Can i file my 2011 taxes in 2013   PART III. Can i file my 2011 taxes in 2013 Carryover of Unallowed Expenses to Next Year 7a. Can i file my 2011 taxes in 2013 Operating expenses to be carried over to next year. Can i file my 2011 taxes in 2013 Subtract line 4e from line 4d 7a. Can i file my 2011 taxes in 2013   b. Can i file my 2011 taxes in 2013 Excess casualty and theft losses and depreciation to be carried over to next year. Can i file my 2011 taxes in 2013  Subtract line 6e from line 6d b. Can i file my 2011 taxes in 2013   Worksheet 9-1 Instructions. Can i file my 2011 taxes in 2013 Worksheet for Figuring Rental Deductions for a Dwelling Unit Used as a Home Caution. Can i file my 2011 taxes in 2013 Use the percentage determined in Part I, line F, to figure the rental portions to enter on lines 2a–2c, 4a–4b, and 6a–6b of  Part II. Can i file my 2011 taxes in 2013 Line 2a. Can i file my 2011 taxes in 2013 Figure the mortgage interest on the dwelling unit that you could deduct on Schedule A as if you had not rented the unit. Can i file my 2011 taxes in 2013 Do not include interest on a loan that did not benefit the dwelling unit. Can i file my 2011 taxes in 2013 For example, do not include interest on a home equity loan used to pay off credit cards or other personal loans, buy a car, or pay college tuition. Can i file my 2011 taxes in 2013 Include interest on a loan used to buy, build, or improve the dwelling unit, or to refinance such a loan. Can i file my 2011 taxes in 2013 Include the rental portion of this interest in the total you enter on line 2a of the worksheet. Can i file my 2011 taxes in 2013   Figure the qualified mortgage insurance premiums on the dwelling unit that you could deduct on line 13 of Schedule A as if you had not rented the unit. Can i file my 2011 taxes in 2013 See the Schedule A instructions. Can i file my 2011 taxes in 2013 However, figure your adjusted gross income (Form 1040, line 38) without your rental income and expenses from the dwelling unit. Can i file my 2011 taxes in 2013 See Line 4b to deduct the part of the qualified mortgage insurance premiums not allowed because of the adjusted gross income limit. Can i file my 2011 taxes in 2013 Include the rental portion of the amount from Schedule A, line 13, in the total you enter on line 2a of the worksheet. Can i file my 2011 taxes in 2013   Note. Can i file my 2011 taxes in 2013 Do not file this Schedule A or use it to figure the amount to deduct on line 13 of that schedule. Can i file my 2011 taxes in 2013 Instead, figure the personal portion on a separate Schedule A. Can i file my 2011 taxes in 2013 If you have deducted mortgage interest or qualified mortgage insurance premiums on the dwelling unit on other forms, such as Schedule C or F, remember to reduce your Schedule A deduction by that amount. Can i file my 2011 taxes in 2013           Line 2c. Can i file my 2011 taxes in 2013 Figure the casualty and theft losses related to the dwelling unit that you could deduct on Schedule A as if you had not rented the dwelling unit. Can i file my 2011 taxes in 2013 To do this, complete Section A of Form 4684, Casualties and Thefts, treating the losses as personal losses. Can i file my 2011 taxes in 2013 If any of the loss is due to a federally declared disaster, see the Instructions for Form 4684. Can i file my 2011 taxes in 2013 On Form 4684, line 17, enter 10% of your adjusted gross income figured without your rental income and expenses from the dwelling unit. Can i file my 2011 taxes in 2013 Enter the rental portion of the result from Form 4684, line 18, on line 2c of this worksheet. Can i file my 2011 taxes in 2013   Note. Can i file my 2011 taxes in 2013 Do not file this Form 4684 or use it to figure your personal losses on Schedule A. Can i file my 2011 taxes in 2013 Instead, figure the personal portion on a separate Form 4684. Can i file my 2011 taxes in 2013           Line 2d. Can i file my 2011 taxes in 2013 Enter the total of your rental expenses that are directly related only to the rental activity. Can i file my 2011 taxes in 2013 These include interest on loans used for rental activities other than to buy, build, or improve the dwelling unit. Can i file my 2011 taxes in 2013 Also include rental agency fees, advertising, office supplies, and depreciation on office equipment used in your rental activity. Can i file my 2011 taxes in 2013           Line 2e. Can i file my 2011 taxes in 2013 You can deduct the amounts on lines 2a, 2b, 2c, and 2d as rental expenses on Schedule E even if your rental expenses are more than your rental income. Can i file my 2011 taxes in 2013 Enter the amounts on lines 2a, 2b, 2c, and 2d on the appropriate lines of Schedule E. Can i file my 2011 taxes in 2013           Line 4b. Can i file my 2011 taxes in 2013 On line 2a, you entered the rental portion of the mortgage interest and qualified mortgage insurance premiums you could deduct on Schedule A if you had not rented the dwelling unit. Can i file my 2011 taxes in 2013 If you had additional mortgage interest and qualified mortgage insurance premiums that would not be deductible on Schedule A because of limits imposed on them, enter on line 4b of this worksheet the rental portion of those excess amounts. Can i file my 2011 taxes in 2013 Do not include interest on a loan that did not benefit the dwelling unit (as explained in the line 2a instructions). Can i file my 2011 taxes in 2013           Line 4e. Can i file my 2011 taxes in 2013 You can deduct the amounts on lines 4a, 4b, and 4c as rental expenses on Schedule E only to the extent they are not more than the amount on line 4e. Can i file my 2011 taxes in 2013 *           Line 6a. Can i file my 2011 taxes in 2013 To find the rental portion of excess casualty and theft losses, use the Form 4684 you prepared for line 2c of this worksheet. Can i file my 2011 taxes in 2013   A. Can i file my 2011 taxes in 2013 Enter the amount from Form 4684, line 10       B. Can i file my 2011 taxes in 2013 Enter the rental portion of line A       C. Can i file my 2011 taxes in 2013 Enter the amount from line 2c of this worksheet       D. Can i file my 2011 taxes in 2013 Subtract line C from line B. Can i file my 2011 taxes in 2013 Enter the result here and on line 6a of this worksheet               Line 6e. Can i file my 2011 taxes in 2013 You can deduct the amounts on lines 6a, 6b, and 6c as rental expenses on Schedule E only to the extent they are not more than the amount on line 6e. Can i file my 2011 taxes in 2013 * *Allocating the limited deduction. Can i file my 2011 taxes in 2013 If you cannot deduct all of the amount on line 4d or 6d this year, you can allocate the allowable deduction in any way you wish among the expenses included on line 4d or 6d. Can i file my 2011 taxes in 2013 Enter the amount you allocate to each expense on the appropriate line of Schedule E, Part I. Can i file my 2011 taxes in 2013 Prev  Up  Next   Home   More Online Publications
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Can i file my 2011 taxes in 2013 Publication 971 - Additional Material Table of Contents How To Get Tax HelpLow Income Taxpayer Clinics (LITCs). Can i file my 2011 taxes in 2013 Questions & AnswersThis section answers questions commonly asked by taxpayers about innocent spouse relief. Can i file my 2011 taxes in 2013 . Can i file my 2011 taxes in 2013 What is joint and several liability? . Can i file my 2011 taxes in 2013 How can I get relief from joint and several liability? . Can i file my 2011 taxes in 2013 What are the rules for innocent spouse relief? . Can i file my 2011 taxes in 2013 What are erroneous items? . Can i file my 2011 taxes in 2013 What is an understated tax? . Can i file my 2011 taxes in 2013 Will I qualify for innocent spouse relief in any situation where there is an understated tax? . Can i file my 2011 taxes in 2013 What are the rules for separation of liability relief? . Can i file my 2011 taxes in 2013 Why would a request for separation of liability relief be denied? . Can i file my 2011 taxes in 2013 What are the rules for equitable relief? . Can i file my 2011 taxes in 2013 How do state community property laws affect my ability to qualify for relief? . Can i file my 2011 taxes in 2013 How do I request relief? . Can i file my 2011 taxes in 2013 When should I file Form 8857? . Can i file my 2011 taxes in 2013 Where should I file Form 8857? . Can i file my 2011 taxes in 2013 I am currently undergoing an examination of my return. Can i file my 2011 taxes in 2013 How do I request innocent spouse relief? . Can i file my 2011 taxes in 2013 What if the IRS has given me notice that it will levy my account for the tax liability and I decide to request relief? . Can i file my 2011 taxes in 2013 What is injured spouse relief? . Can i file my 2011 taxes in 2013 What is joint and several liability? When you file a joint income tax return, the law makes both you and your spouse responsible for the entire tax liability. Can i file my 2011 taxes in 2013 This is called joint and several liability. Can i file my 2011 taxes in 2013 Joint and several liability applies not only to the tax liability you show on the return but also to any additional tax liability the IRS determines to be due, even if the additional tax is due to the income, deductions, or credits of your spouse or former spouse. Can i file my 2011 taxes in 2013 You remain jointly and severally liable for taxes, and the IRS still can collect from you, even if you later divorce and the divorce decree states that your former spouse will be solely responsible for the tax. Can i file my 2011 taxes in 2013 There are three types of relief for filers of joint returns: “innocent spouse relief,” “separation of liability relief,” and “equitable relief. Can i file my 2011 taxes in 2013 ” Each type has different requirements. Can i file my 2011 taxes in 2013 They are explained separately below. Can i file my 2011 taxes in 2013 To qualify for innocent spouse relief, you must meet all of the following conditions. Can i file my 2011 taxes in 2013 You must have filed a joint return which has an understated tax. Can i file my 2011 taxes in 2013 The understated tax must be due to erroneous items of your spouse (or former spouse). Can i file my 2011 taxes in 2013 You must establish that at the time you signed the joint return, you did not know, and had no reason to know, that there was an understated tax. Can i file my 2011 taxes in 2013 Taking into account all of the facts and circumstances, it would be unfair to hold you liable for the understated tax. Can i file my 2011 taxes in 2013 You must request relief within 2 years after the date on which the IRS first began collection activity against you after July 22, 1998. Can i file my 2011 taxes in 2013 Erroneous items are any deductions, credits, or bases that are incorrectly stated on the return, and any income that is not properly reported on the return. Can i file my 2011 taxes in 2013 You have an understated tax if the IRS determined that your total tax should be more than the amount actually shown on your return. Can i file my 2011 taxes in 2013 For example, you reported total tax on your 2008 return of $2,500. Can i file my 2011 taxes in 2013 IRS determined in an audit of your 2008 return that the total tax should be $3,000. Can i file my 2011 taxes in 2013 You have a $500 understated tax. Can i file my 2011 taxes in 2013 No. Can i file my 2011 taxes in 2013 There are many situations in which you may owe tax that is related to your spouse (or former spouse), but not be eligible for innocent spouse relief. Can i file my 2011 taxes in 2013 For example, you and your spouse file a joint return on which you report $10,000 of income and deductions, but you knew that your spouse was not reporting $5,000 of dividends. Can i file my 2011 taxes in 2013 You are not eligible for innocent spouse relief because you have knowledge of the understated tax. Can i file my 2011 taxes in 2013 Under this type of relief, you allocate (separate) the understated tax (plus interest and penalties) on your joint return between you and your spouse (or former spouse). Can i file my 2011 taxes in 2013 The understated tax allocated to you is generally the amount you are responsible for. Can i file my 2011 taxes in 2013 To qualify for separation of liability relief, you must have filed a joint return and meet either of the following requirements at the time you file Form 8857. Can i file my 2011 taxes in 2013 You are no longer married to, or are legally separated from, the spouse with whom you filed the joint return for which you are requesting relief. Can i file my 2011 taxes in 2013 (Under this rule, you are no longer married if you are widowed. Can i file my 2011 taxes in 2013 ) You were not a member of the same household as the spouse with whom you filed the joint return at any time during the 12-month period ending on the date you file Form 8857. Can i file my 2011 taxes in 2013 In addition to the above requirements, you must file a Form 8857 within 2 years after the date on which the IRS first began collection activity against you after July 22, 1998. Can i file my 2011 taxes in 2013 Even if you meet the requirements listed earlier, a request for separation of liability relief will not be granted in the following situations. Can i file my 2011 taxes in 2013 The IRS proves that you and your spouse (or former spouse) transferred assets to one another as part of a fraudulent scheme. Can i file my 2011 taxes in 2013 The IRS proves that at the time you signed your joint return, you had actual knowledge of any erroneous items giving rise to the deficiency that are allocable to your spouse (or former spouse). Can i file my 2011 taxes in 2013 Your spouse (or former spouse) transferred property to you to avoid tax or the payment of tax. Can i file my 2011 taxes in 2013 Equitable relief is only available if you meet all of the following conditions. Can i file my 2011 taxes in 2013 You do not qualify for innocent spouse relief, separation of liability relief, or relief from liability arising from community property law. Can i file my 2011 taxes in 2013 You have an understated tax or underpaid tax. Can i file my 2011 taxes in 2013 See Note later. Can i file my 2011 taxes in 2013 You did not pay the tax. Can i file my 2011 taxes in 2013 However, see Refunds , earlier, for exceptions. Can i file my 2011 taxes in 2013 The IRS determines that it is unfair to hold you liable for the understated or underpaid tax taking into account all the facts and circumstances. Can i file my 2011 taxes in 2013 You and your spouse (or former spouse) did not transfer assets to one another as a part of a fraudulent scheme. Can i file my 2011 taxes in 2013 Your spouse (or former spouse) did not transfer property to you for the main purpose of avoiding tax or the payment of tax. Can i file my 2011 taxes in 2013 You did not file or fail to file your return with the intent to commit fraud. Can i file my 2011 taxes in 2013 The income tax liability for which you seek relief is attributable to your spouse (or former spouse) with whom you filed the joint return. Can i file my 2011 taxes in 2013 For exceptions to this condition, see item (8) under Conditions for Getting Equitable Relief , earlier. Can i file my 2011 taxes in 2013 You timely file Form 8857 as explained earlier in Exception for equitable relief under How To Request Relief. Can i file my 2011 taxes in 2013 Note. Can i file my 2011 taxes in 2013 Unlike innocent spouse relief or separation of liability relief, if you qualify for equitable relief, you can also get relief from an underpaid tax. Can i file my 2011 taxes in 2013 (An underpaid tax is tax that is properly shown on the return, but has not been paid. Can i file my 2011 taxes in 2013 ) Community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Can i file my 2011 taxes in 2013 Generally, community property laws require you to allocate community income and expenses equally between both spouses. Can i file my 2011 taxes in 2013 However, community property laws are not taken into account in determining whether an item belongs to you or to your spouse (or former spouse) for purposes of requesting any relief from liability. Can i file my 2011 taxes in 2013      File Form 8857, Request for Innocent Spouse Relief, to ask the IRS for relief. Can i file my 2011 taxes in 2013 You must file an additional Form 8857 if you are requesting relief for more than three years. Can i file my 2011 taxes in 2013 If you are requesting innocent spouse relief or separation of liability relief, file Form 8857 no later than two years after the date on which the IRS first began collection activities against you after July 22, 1998. Can i file my 2011 taxes in 2013 If you are requesting equitable relief, see Exception for equitable relief. Can i file my 2011 taxes in 2013 under How To Request Relief, earlier, for when to file Form 8857. Can i file my 2011 taxes in 2013 If you are requesting relief from liability arising from community property law, see How and When To Request Relief under Community Property Laws, earlier, for when to file Form 8857. Can i file my 2011 taxes in 2013 Use the address or fax number shown in the Instructions for Form 8857. Can i file my 2011 taxes in 2013 File Form 8857 at the address or send it to the fax number shown in the Instructions for Form 8857. Can i file my 2011 taxes in 2013 Do not file it with the employee assigned to examine your return. Can i file my 2011 taxes in 2013 Generally, the IRS has 10 years to collect an amount you owe. Can i file my 2011 taxes in 2013 This is the collection statute of limitations. Can i file my 2011 taxes in 2013 By law, the IRS is not allowed to collect from you after the 10-year period ends. Can i file my 2011 taxes in 2013 If you request relief for any tax year, the IRS cannot collect from you for that year while your request is pending. Can i file my 2011 taxes in 2013 But interest and penalties continue to accrue. Can i file my 2011 taxes in 2013 Your request is generally considered pending from the date the IRS receives your Form 8857 until the date your request is resolved. Can i file my 2011 taxes in 2013 This includes the time the Tax Court is considering your request. Can i file my 2011 taxes in 2013 After your case is resolved, the IRS can begin or resume collecting from you. Can i file my 2011 taxes in 2013 The 10-year period will be increased by the amount of time your request for relief was pending plus 60 days. Can i file my 2011 taxes in 2013 See Publication 594 for more information. Can i file my 2011 taxes in 2013 Injured spouse relief is different from innocent spouse relief. Can i file my 2011 taxes in 2013 When a joint return is filed and the refund is used to pay one spouse's past-due federal tax, state income tax, state unemployment compensation debts, child support, spousal support, or federal non-tax debt, such as a student loan, the other spouse may be considered an injured spouse. Can i file my 2011 taxes in 2013 The injured spouse can get back his or her share of the joint overpayment using Form 8379, Injured Spouse Allocation. Can i file my 2011 taxes in 2013 You are considered an injured spouse if: You are not legally obligated to pay the past-due amount, and You meet any of the following conditions: You made and reported tax payments (such as federal income tax withholding or estimated tax payments). Can i file my 2011 taxes in 2013 You had earned income (such as wages, salaries, or self-employment income) and claimed the earned income credit or the additional child tax credit. Can i file my 2011 taxes in 2013 You claimed a refundable tax credit, such as the health coverage tax credit or the refundable credit for prior year minimum tax. Can i file my 2011 taxes in 2013 Note. Can i file my 2011 taxes in 2013 If your residence was in a community property state at any time during the year, you may file Form 8379 even if only item (1) above applies. Can i file my 2011 taxes in 2013 . Can i file my 2011 taxes in 2013 How can I get relief from joint and several liability? There are three types of relief for filers of joint returns: “innocent spouse relief,” “separation of liability relief,” and “equitable relief. Can i file my 2011 taxes in 2013 ” Each type has different requirements. Can i file my 2011 taxes in 2013 They are explained separately below. Can i file my 2011 taxes in 2013 To qualify for innocent spouse relief, you must meet all of the following conditions. Can i file my 2011 taxes in 2013 You must have filed a joint return which has an understated tax. Can i file my 2011 taxes in 2013 The understated tax must be due to erroneous items of your spouse (or former spouse). Can i file my 2011 taxes in 2013 You must establish that at the time you signed the joint return, you did not know, and had no reason to know, that there was an understated tax. Can i file my 2011 taxes in 2013 Taking into account all of the facts and circumstances, it would be unfair to hold you liable for the understated tax. Can i file my 2011 taxes in 2013 You must request relief within 2 years after the date on which the IRS first began collection activity against you after July 22, 1998. Can i file my 2011 taxes in 2013 Erroneous items are any deductions, credits, or bases that are incorrectly stated on the return, and any income that is not properly reported on the return. Can i file my 2011 taxes in 2013 You have an understated tax if the IRS determined that your total tax should be more than the amount actually shown on your return. Can i file my 2011 taxes in 2013 For example, you reported total tax on your 2008 return of $2,500. Can i file my 2011 taxes in 2013 IRS determined in an audit of your 2008 return that the total tax should be $3,000. Can i file my 2011 taxes in 2013 You have a $500 understated tax. Can i file my 2011 taxes in 2013 No. Can i file my 2011 taxes in 2013 There are many situations in which you may owe tax that is related to your spouse (or former spouse), but not be eligible for innocent spouse relief. Can i file my 2011 taxes in 2013 For example, you and your spouse file a joint return on which you report $10,000 of income and deductions, but you knew that your spouse was not reporting $5,000 of dividends. Can i file my 2011 taxes in 2013 You are not eligible for innocent spouse relief because you have knowledge of the understated tax. Can i file my 2011 taxes in 2013 Under this type of relief, you allocate (separate) the understated tax (plus interest and penalties) on your joint return between you and your spouse (or former spouse). Can i file my 2011 taxes in 2013 The understated tax allocated to you is generally the amount you are responsible for. Can i file my 2011 taxes in 2013 To qualify for separation of liability relief, you must have filed a joint return and meet either of the following requirements at the time you file Form 8857. Can i file my 2011 taxes in 2013 You are no longer married to, or are legally separated from, the spouse with whom you filed the joint return for which you are requesting relief. Can i file my 2011 taxes in 2013 (Under this rule, you are no longer married if you are widowed. Can i file my 2011 taxes in 2013 ) You were not a member of the same household as the spouse with whom you filed the joint return at any time during the 12-month period ending on the date you file Form 8857. Can i file my 2011 taxes in 2013 In addition to the above requirements, you must file a Form 8857 within 2 years after the date on which the IRS first began collection activity against you after July 22, 1998. Can i file my 2011 taxes in 2013 Even if you meet the requirements listed earlier, a request for separation of liability relief will not be granted in the following situations. Can i file my 2011 taxes in 2013 The IRS proves that you and your spouse (or former spouse) transferred assets to one another as part of a fraudulent scheme. Can i file my 2011 taxes in 2013 The IRS proves that at the time you signed your joint return, you had actual knowledge of any erroneous items giving rise to the deficiency that are allocable to your spouse (or former spouse). Can i file my 2011 taxes in 2013 Your spouse (or former spouse) transferred property to you to avoid tax or the payment of tax. Can i file my 2011 taxes in 2013 Equitable relief is only available if you meet all of the following conditions. Can i file my 2011 taxes in 2013 You do not qualify for innocent spouse relief, separation of liability relief, or relief from liability arising from community property law. Can i file my 2011 taxes in 2013 You have an understated tax or underpaid tax. Can i file my 2011 taxes in 2013 See Note later. Can i file my 2011 taxes in 2013 You did not pay the tax. Can i file my 2011 taxes in 2013 However, see Refunds , earlier, for exceptions. Can i file my 2011 taxes in 2013 The IRS determines that it is unfair to hold you liable for the understated or underpaid tax taking into account all the facts and circumstances. Can i file my 2011 taxes in 2013 You and your spouse (or former spouse) did not transfer assets to one another as a part of a fraudulent scheme. Can i file my 2011 taxes in 2013 Your spouse (or former spouse) did not transfer property to you for the main purpose of avoiding tax or the payment of tax. Can i file my 2011 taxes in 2013 You did not file or fail to file your return with the intent to commit fraud. Can i file my 2011 taxes in 2013 The income tax liability for which you seek relief is attributable to your spouse (or former spouse) with whom you filed the joint return. Can i file my 2011 taxes in 2013 For exceptions to this condition, see item (8) under Conditions for Getting Equitable Relief , earlier. Can i file my 2011 taxes in 2013 You timely file Form 8857 as explained earlier in Exception for equitable relief under How To Request Relief. Can i file my 2011 taxes in 2013 Note. Can i file my 2011 taxes in 2013 Unlike innocent spouse relief or separation of liability relief, if you qualify for equitable relief, you can also get relief from an underpaid tax. Can i file my 2011 taxes in 2013 (An underpaid tax is tax that is properly shown on the return, but has not been paid. Can i file my 2011 taxes in 2013 ) Community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Can i file my 2011 taxes in 2013 Generally, community property laws require you to allocate community income and expenses equally between both spouses. Can i file my 2011 taxes in 2013 However, community property laws are not taken into account in determining whether an item belongs to you or to your spouse (or former spouse) for purposes of requesting any relief from liability. Can i file my 2011 taxes in 2013      File Form 8857, Request for Innocent Spouse Relief, to ask the IRS for relief. Can i file my 2011 taxes in 2013 You must file an additional Form 8857 if you are requesting relief for more than three years. Can i file my 2011 taxes in 2013 If you are requesting innocent spouse relief or separation of liability relief, file Form 8857 no later than two years after the date on which the IRS first began collection activities against you after July 22, 1998. Can i file my 2011 taxes in 2013 If you are requesting equitable relief, see Exception for equitable relief. Can i file my 2011 taxes in 2013 under How To Request Relief, earlier, for when to file Form 8857. Can i file my 2011 taxes in 2013 If you are requesting relief from liability arising from community property law, see How and When To Request Relief under Community Property Laws, earlier, for when to file Form 8857. Can i file my 2011 taxes in 2013 Use the address or fax number shown in the Instructions for Form 8857. Can i file my 2011 taxes in 2013 File Form 8857 at the address or send it to the fax number shown in the Instructions for Form 8857. Can i file my 2011 taxes in 2013 Do not file it with the employee assigned to examine your return. Can i file my 2011 taxes in 2013 Generally, the IRS has 10 years to collect an amount you owe. Can i file my 2011 taxes in 2013 This is the collection statute of limitations. Can i file my 2011 taxes in 2013 By law, the IRS is not allowed to collect from you after the 10-year period ends. Can i file my 2011 taxes in 2013 If you request relief for any tax year, the IRS cannot collect from you for that year while your request is pending. Can i file my 2011 taxes in 2013 But interest and penalties continue to accrue. Can i file my 2011 taxes in 2013 Your request is generally considered pending from the date the IRS receives your Form 8857 until the date your request is resolved. Can i file my 2011 taxes in 2013 This includes the time the Tax Court is considering your request. Can i file my 2011 taxes in 2013 After your case is resolved, the IRS can begin or resume collecting from you. Can i file my 2011 taxes in 2013 The 10-year period will be increased by the amount of time your request for relief was pending plus 60 days. Can i file my 2011 taxes in 2013 See Publication 594 for more information. Can i file my 2011 taxes in 2013 Injured spouse relief is different from innocent spouse relief. Can i file my 2011 taxes in 2013 When a joint return is filed and the refund is used to pay one spouse's past-due federal tax, state income tax, state unemployment compensation debts, child support, spousal support, or federal non-tax debt, such as a student loan, the other spouse may be considered an injured spouse. Can i file my 2011 taxes in 2013 The injured spouse can get back his or her share of the joint overpayment using Form 8379, Injured Spouse Allocation. Can i file my 2011 taxes in 2013 You are considered an injured spouse if: You are not legally obligated to pay the past-due amount, and You meet any of the following conditions: You made and reported tax payments (such as federal income tax withholding or estimated tax payments). Can i file my 2011 taxes in 2013 You had earned income (such as wages, salaries, or self-employment income) and claimed the earned income credit or the additional child tax credit. Can i file my 2011 taxes in 2013 You claimed a refundable tax credit, such as the health coverage tax credit or the refundable credit for prior year minimum tax. Can i file my 2011 taxes in 2013 Note. Can i file my 2011 taxes in 2013 If your residence was in a community property state at any time during the year, you may file Form 8379 even if only item (1) above applies. Can i file my 2011 taxes in 2013 . Can i file my 2011 taxes in 2013 What are the rules for innocent spouse relief? To qualify for innocent spouse relief, you must meet all of the following conditions. Can i file my 2011 taxes in 2013 You must have filed a joint return which has an understated tax. Can i file my 2011 taxes in 2013 The understated tax must be due to erroneous items of your spouse (or former spouse). Can i file my 2011 taxes in 2013 You must establish that at the time you signed the joint return, you did not know, and had no reason to know, that there was an understated tax. Can i file my 2011 taxes in 2013 Taking into account all of the facts and circumstances, it would be unfair to hold you liable for the understated tax. Can i file my 2011 taxes in 2013 You must request relief within 2 years after the date on which the IRS first began collection activity against you after July 22, 1998. Can i file my 2011 taxes in 2013 Erroneous items are any deductions, credits, or bases that are incorrectly stated on the return, and any income that is not properly reported on the return. Can i file my 2011 taxes in 2013 You have an understated tax if the IRS determined that your total tax should be more than the amount actually shown on your return. Can i file my 2011 taxes in 2013 For example, you reported total tax on your 2008 return of $2,500. Can i file my 2011 taxes in 2013 IRS determined in an audit of your 2008 return that the total tax should be $3,000. Can i file my 2011 taxes in 2013 You have a $500 understated tax. Can i file my 2011 taxes in 2013 No. Can i file my 2011 taxes in 2013 There are many situations in which you may owe tax that is related to your spouse (or former spouse), but not be eligible for innocent spouse relief. Can i file my 2011 taxes in 2013 For example, you and your spouse file a joint return on which you report $10,000 of income and deductions, but you knew that your spouse was not reporting $5,000 of dividends. Can i file my 2011 taxes in 2013 You are not eligible for innocent spouse relief because you have knowledge of the understated tax. Can i file my 2011 taxes in 2013 Under this type of relief, you allocate (separate) the understated tax (plus interest and penalties) on your joint return between you and your spouse (or former spouse). Can i file my 2011 taxes in 2013 The understated tax allocated to you is generally the amount you are responsible for. Can i file my 2011 taxes in 2013 To qualify for separation of liability relief, you must have filed a joint return and meet either of the following requirements at the time you file Form 8857. Can i file my 2011 taxes in 2013 You are no longer married to, or are legally separated from, the spouse with whom you filed the joint return for which you are requesting relief. Can i file my 2011 taxes in 2013 (Under this rule, you are no longer married if you are widowed. Can i file my 2011 taxes in 2013 ) You were not a member of the same household as the spouse with whom you filed the joint return at any time during the 12-month period ending on the date you file Form 8857. Can i file my 2011 taxes in 2013 In addition to the above requirements, you must file a Form 8857 within 2 years after the date on which the IRS first began collection activity against you after July 22, 1998. Can i file my 2011 taxes in 2013 Even if you meet the requirements listed earlier, a request for separation of liability relief will not be granted in the following situations. Can i file my 2011 taxes in 2013 The IRS proves that you and your spouse (or former spouse) transferred assets to one another as part of a fraudulent scheme. Can i file my 2011 taxes in 2013 The IRS proves that at the time you signed your joint return, you had actual knowledge of any erroneous items giving rise to the deficiency that are allocable to your spouse (or former spouse). Can i file my 2011 taxes in 2013 Your spouse (or former spouse) transferred property to you to avoid tax or the payment of tax. Can i file my 2011 taxes in 2013 Equitable relief is only available if you meet all of the following conditions. Can i file my 2011 taxes in 2013 You do not qualify for innocent spouse relief, separation of liability relief, or relief from liability arising from community property law. Can i file my 2011 taxes in 2013 You have an understated tax or underpaid tax. Can i file my 2011 taxes in 2013 See Note later. Can i file my 2011 taxes in 2013 You did not pay the tax. Can i file my 2011 taxes in 2013 However, see Refunds , earlier, for exceptions. Can i file my 2011 taxes in 2013 The IRS determines that it is unfair to hold you liable for the understated or underpaid tax taking into account all the facts and circumstances. Can i file my 2011 taxes in 2013 You and your spouse (or former spouse) did not transfer assets to one another as a part of a fraudulent scheme. Can i file my 2011 taxes in 2013 Your spouse (or former spouse) did not transfer property to you for the main purpose of avoiding tax or the payment of tax. Can i file my 2011 taxes in 2013 You did not file or fail to file your return with the intent to commit fraud. Can i file my 2011 taxes in 2013 The income tax liability for which you seek relief is attributable to your spouse (or former spouse) with whom you filed the joint return. Can i file my 2011 taxes in 2013 For exceptions to this condition, see item (8) under Conditions for Getting Equitable Relief , earlier. Can i file my 2011 taxes in 2013 You timely file Form 8857 as explained earlier in Exception for equitable relief under How To Request Relief. Can i file my 2011 taxes in 2013 Note. Can i file my 2011 taxes in 2013 Unlike innocent spouse relief or separation of liability relief, if you qualify for equitable relief, you can also get relief from an underpaid tax. Can i file my 2011 taxes in 2013 (An underpaid tax is tax that is properly shown on the return, but has not been paid. Can i file my 2011 taxes in 2013 ) Community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Can i file my 2011 taxes in 2013 Generally, community property laws require you to allocate community income and expenses equally between both spouses. Can i file my 2011 taxes in 2013 However, community property laws are not taken into account in determining whether an item belongs to you or to your spouse (or former spouse) for purposes of requesting any relief from liability. Can i file my 2011 taxes in 2013      File Form 8857, Request for Innocent Spouse Relief, to ask the IRS for relief. Can i file my 2011 taxes in 2013 You must file an additional Form 8857 if you are requesting relief for more than three years. Can i file my 2011 taxes in 2013 If you are requesting innocent spouse relief or separation of liability relief, file Form 8857 no later than two years after the date on which the IRS first began collection activities against you after July 22, 1998. Can i file my 2011 taxes in 2013 If you are requesting equitable relief, see Exception for equitable relief. Can i file my 2011 taxes in 2013 under How To Request Relief, earlier, for when to file Form 8857. Can i file my 2011 taxes in 2013 If you are requesting relief from liability arising from community property law, see How and When To Request Relief under Community Property Laws, earlier, for when to file Form 8857. Can i file my 2011 taxes in 2013 Use the address or fax number shown in the Instructions for Form 8857. Can i file my 2011 taxes in 2013 File Form 8857 at the address or send it to the fax number shown in the Instructions for Form 8857. Can i file my 2011 taxes in 2013 Do not file it with the employee assigned to examine your return. Can i file my 2011 taxes in 2013 Generally, the IRS has 10 years to collect an amount you owe. Can i file my 2011 taxes in 2013 This is the collection statute of limitations. Can i file my 2011 taxes in 2013 By law, the IRS is not allowed to collect from you after the 10-year period ends. Can i file my 2011 taxes in 2013 If you request relief for any tax year, the IRS cannot collect from you for that year while your request is pending. Can i file my 2011 taxes in 2013 But interest and penalties continue to accrue. Can i file my 2011 taxes in 2013 Your request is generally considered pending from the date the IRS receives your Form 8857 until the date your request is resolved. Can i file my 2011 taxes in 2013 This includes the time the Tax Court is considering your request. Can i file my 2011 taxes in 2013 After your case is resolved, the IRS can begin or resume collecting from you. Can i file my 2011 taxes in 2013 The 10-year period will be increased by the amount of time your request for relief was pending plus 60 days. Can i file my 2011 taxes in 2013 See Publication 594 for more information. Can i file my 2011 taxes in 2013 Injured spouse relief is different from innocent spouse relief. Can i file my 2011 taxes in 2013 When a joint return is filed and the refund is used to pay one spouse's past-due federal tax, state income tax, state unemployment compensation debts, child support, spousal support, or federal non-tax debt, such as a student loan, the other spouse may be considered an injured spouse. Can i file my 2011 taxes in 2013 The injured spouse can get back his or her share of the joint overpayment using Form 8379, Injured Spouse Allocation. Can i file my 2011 taxes in 2013 You are considered an injured spouse if: You are not legally obligated to pay the past-due amount, and You meet any of the following conditions: You made and reported tax payments (such as federal income tax withholding or estimated tax payments). Can i file my 2011 taxes in 2013 You had earned income (such as wages, salaries, or self-employment income) and claimed the earned income credit or the additional child tax credit. Can i file my 2011 taxes in 2013 You claimed a refundable tax credit, such as the health coverage tax credit or the refundable credit for prior year minimum tax. Can i file my 2011 taxes in 2013 Note. Can i file my 2011 taxes in 2013 If your residence was in a community property state at any time during the year, you may file Form 8379 even if only item (1) above applies. Can i file my 2011 taxes in 2013 . Can i file my 2011 taxes in 2013 What are “erroneous items”? Erroneous items are any deductions, credits, or bases that are incorrectly stated on the return, and any income that is not properly reported on the return. Can i file my 2011 taxes in 2013 You have an understated tax if the IRS determined that your total tax should be more than the amount actually shown on your return. Can i file my 2011 taxes in 2013 For example, you reported total tax on your 2008 return of $2,500. Can i file my 2011 taxes in 2013 IRS determined in an audit of your 2008 return that the total tax should be $3,000. Can i file my 2011 taxes in 2013 You have a $500 understated tax. Can i file my 2011 taxes in 2013 No. Can i file my 2011 taxes in 2013 There are many situations in which you may owe tax that is related to your spouse (or former spouse), but not be eligible for innocent spouse relief. Can i file my 2011 taxes in 2013 For example, you and your spouse file a joint return on which you report $10,000 of income and deductions, but you knew that your spouse was not reporting $5,000 of dividends. Can i file my 2011 taxes in 2013 You are not eligible for innocent spouse relief because you have knowledge of the understated tax. Can i file my 2011 taxes in 2013 Under this type of relief, you allocate (separate) the understated tax (plus interest and penalties) on your joint return between you and your spouse (or former spouse). Can i file my 2011 taxes in 2013 The understated tax allocated to you is generally the amount you are responsible for. Can i file my 2011 taxes in 2013 To qualify for separation of liability relief, you must have filed a joint return and meet either of the following requirements at the time you file Form 8857. Can i file my 2011 taxes in 2013 You are no longer married to, or are legally separated from, the spouse with whom you filed the joint return for which you are requesting relief. Can i file my 2011 taxes in 2013 (Under this rule, you are no longer married if you are widowed. Can i file my 2011 taxes in 2013 ) You were not a member of the same household as the spouse with whom you filed the joint return at any time during the 12-month period ending on the date you file Form 8857. Can i file my 2011 taxes in 2013 In addition to the above requirements, you must file a Form 8857 within 2 years after the date on which the IRS first began collection activity against you after July 22, 1998. Can i file my 2011 taxes in 2013 Even if you meet the requirements listed earlier, a request for separation of liability relief will not be granted in the following situations. Can i file my 2011 taxes in 2013 The IRS proves that you and your spouse (or former spouse) transferred assets to one another as part of a fraudulent scheme. Can i file my 2011 taxes in 2013 The IRS proves that at the time you signed your joint return, you had actual knowledge of any erroneous items giving rise to the deficiency that are allocable to your spouse (or former spouse). Can i file my 2011 taxes in 2013 Your spouse (or former spouse) transferred property to you to avoid tax or the payment of tax. Can i file my 2011 taxes in 2013 Equitable relief is only available if you meet all of the following conditions. Can i file my 2011 taxes in 2013 You do not qualify for innocent spouse relief, separation of liability relief, or relief from liability arising from community property law. Can i file my 2011 taxes in 2013 You have an understated tax or underpaid tax. Can i file my 2011 taxes in 2013 See Note later. Can i file my 2011 taxes in 2013 You did not pay the tax. Can i file my 2011 taxes in 2013 However, see Refunds , earlier, for exceptions. Can i file my 2011 taxes in 2013 The IRS determines that it is unfair to hold you liable for the understated or underpaid tax taking into account all the facts and circumstances. Can i file my 2011 taxes in 2013 You and your spouse (or former spouse) did not transfer assets to one another as a part of a fraudulent scheme. Can i file my 2011 taxes in 2013 Your spouse (or former spouse) did not transfer property to you for the main purpose of avoiding tax or the payment of tax. Can i file my 2011 taxes in 2013 You did not file or fail to file your return with the intent to commit fraud. Can i file my 2011 taxes in 2013 The income tax liability for which you seek relief is attributable to your spouse (or former spouse) with whom you filed the joint return. Can i file my 2011 taxes in 2013 For exceptions to this condition, see item (8) under Conditions for Getting Equitable Relief , earlier. Can i file my 2011 taxes in 2013 You timely file Form 8857 as explained earlier in Exception for equitable relief under How To Request Relief. Can i file my 2011 taxes in 2013 Note. Can i file my 2011 taxes in 2013 Unlike innocent spouse relief or separation of liability relief, if you qualify for equitable relief, you can also get relief from an underpaid tax. Can i file my 2011 taxes in 2013 (An underpaid tax is tax that is properly shown on the return, but has not been paid. Can i file my 2011 taxes in 2013 ) Community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Can i file my 2011 taxes in 2013 Generally, community property laws require you to allocate community income and expenses equally between both spouses. Can i file my 2011 taxes in 2013 However, community property laws are not taken into account in determining whether an item belongs to you or to your spouse (or former spouse) for purposes of requesting any relief from liability. Can i file my 2011 taxes in 2013      File Form 8857, Request for Innocent Spouse Relief, to ask the IRS for relief. Can i file my 2011 taxes in 2013 You must file an additional Form 8857 if you are requesting relief for more than three years. Can i file my 2011 taxes in 2013 If you are requesting innocent spouse relief or separation of liability relief, file Form 8857 no later than two years after the date on which the IRS first began collection activities against you after July 22, 1998. Can i file my 2011 taxes in 2013 If you are requesting equitable relief, see Exception for equitable relief. Can i file my 2011 taxes in 2013 under How To Request Relief, earlier, for when to file Form 8857. Can i file my 2011 taxes in 2013 If you are requesting relief from liability arising from community property law, see How and When To Request Relief under Community Property Laws, earlier, for when to file Form 8857. Can i file my 2011 taxes in 2013 Use the address or fax number shown in the Instructions for Form 8857. Can i file my 2011 taxes in 2013 File Form 8857 at the address or send it to the fax number shown in the Instructions for Form 8857. Can i file my 2011 taxes in 2013 Do not file it with the employee assigned to examine your return. Can i file my 2011 taxes in 2013 Generally, the IRS has 10 years to collect an amount you owe. Can i file my 2011 taxes in 2013 This is the collection statute of limitations. Can i file my 2011 taxes in 2013 By law, the IRS is not allowed to collect from you after the 10-year period ends. Can i file my 2011 taxes in 2013 If you request relief for any tax year, the IRS cannot collect from you for that year while your request is pending. Can i file my 2011 taxes in 2013 But interest and penalties continue to accrue. Can i file my 2011 taxes in 2013 Your request is generally considered pending from the date the IRS receives your Form 8857 until the date your request is resolved. Can i file my 2011 taxes in 2013 This includes the time the Tax Court is considering your request. Can i file my 2011 taxes in 2013 After your case is resolved, the IRS can begin or resume collecting from you. Can i file my 2011 taxes in 2013 The 10-year period will be increased by the amount of time your request for relief was pending plus 60 days. Can i file my 2011 taxes in 2013 See Publication 594 for more information. Can i file my 2011 taxes in 2013 Injured spouse relief is different from innocent spouse relief. Can i file my 2011 taxes in 2013 When a joint return is filed and the refund is used to pay one spouse's past-due federal tax, state income tax, state unemployment compensation debts, child support, spousal support, or federal non-tax debt, such as a student loan, the other spouse may be considered an injured spouse. Can i file my 2011 taxes in 2013 The injured spouse can get back his or her share of the joint overpayment using Form 8379, Injured Spouse Allocation. Can i file my 2011 taxes in 2013 You are considered an injured spouse if: You are not legally obligated to pay the past-due amount, and You meet any of the following conditions: You made and reported tax payments (such as federal income tax withholding or estimated tax payments). Can i file my 2011 taxes in 2013 You had earned income (such as wages, salaries, or self-employment income) and claimed the earned income credit or the additional child tax credit. Can i file my 2011 taxes in 2013 You claimed a refundable tax credit, such as the health coverage tax credit or the refundable credit for prior year minimum tax. Can i file my 2011 taxes in 2013 Note. Can i file my 2011 taxes in 2013 If your residence was in a community property state at any time during the year, you may file Form 8379 even if only item (1) above applies. Can i file my 2011 taxes in 2013 . Can i file my 2011 taxes in 2013 What is an “understated tax”? You have an understated tax if the IRS determined that your total tax should be more than the amount actually shown on your return. Can i file my 2011 taxes in 2013 For example, you reported total tax on your 2008 return of $2,500. Can i file my 2011 taxes in 2013 IRS determined in an audit of your 2008 return that the total tax should be $3,000. Can i file my 2011 taxes in 2013 You have a $500 understated tax. Can i file my 2011 taxes in 2013 No. Can i file my 2011 taxes in 2013 There are many situations in which you may owe tax that is related to your spouse (or former spouse), but not be eligible for innocent spouse relief. Can i file my 2011 taxes in 2013 For example, you and your spouse file a joint return on which you report $10,000 of income and deductions, but you knew that your spouse was not reporting $5,000 of dividends. Can i file my 2011 taxes in 2013 You are not eligible for innocent spouse relief because you have knowledge of the understated tax. Can i file my 2011 taxes in 2013 Under this type of relief, you allocate (separate) the understated tax (plus interest and penalties) on your joint return between you and your spouse (or former spouse). Can i file my 2011 taxes in 2013 The understated tax allocated to you is generally the amount you are responsible for. Can i file my 2011 taxes in 2013 To qualify for separation of liability relief, you must have filed a joint return and meet either of the following requirements at the time you file Form 8857. Can i file my 2011 taxes in 2013 You are no longer married to, or are legally separated from, the spouse with whom you filed the joint return for which you are requesting relief. Can i file my 2011 taxes in 2013 (Under this rule, you are no longer married if you are widowed. Can i file my 2011 taxes in 2013 ) You were not a member of the same household as the spouse with whom you filed the joint return at any time during the 12-month period ending on the date you file Form 8857. Can i file my 2011 taxes in 2013 In addition to the above requirements, you must file a Form 8857 within 2 years after the date on which the IRS first began collection activity against you after July 22, 1998. Can i file my 2011 taxes in 2013 Even if you meet the requirements listed earlier, a request for separation of liability relief will not be granted in the following situations. Can i file my 2011 taxes in 2013 The IRS proves that you and your spouse (or former spouse) transferred assets to one another as part of a fraudulent scheme. Can i file my 2011 taxes in 2013 The IRS proves that at the time you signed your joint return, you had actual knowledge of any erroneous items giving rise to the deficiency that are allocable to your spouse (or former spouse). Can i file my 2011 taxes in 2013 Your spouse (or former spouse) transferred property to you to avoid tax or the payment of tax. Can i file my 2011 taxes in 2013 Equitable relief is only available if you meet all of the following conditions. Can i file my 2011 taxes in 2013 You do not qualify for innocent spouse relief, separation of liability relief, or relief from liability arising from community property law. Can i file my 2011 taxes in 2013 You have an understated tax or underpaid tax. Can i file my 2011 taxes in 2013 See Note later. Can i file my 2011 taxes in 2013 You did not pay the tax. Can i file my 2011 taxes in 2013 However, see Refunds , earlier, for exceptions. Can i file my 2011 taxes in 2013 The IRS determines that it is unfair to hold you liable for the understated or underpaid tax taking into account all the facts and circumstances. Can i file my 2011 taxes in 2013 You and your spouse (or former spouse) did not transfer assets to one another as a part of a fraudulent scheme. Can i file my 2011 taxes in 2013 Your spouse (or former spouse) did not transfer property to you for the main purpose of avoiding tax or the payment of tax. Can i file my 2011 taxes in 2013 You did not file or fail to file your return with the intent to commit fraud. Can i file my 2011 taxes in 2013 The income tax liability for which you seek relief is attributable to your spouse (or former spouse) with whom you filed the joint return. Can i file my 2011 taxes in 2013 For exceptions to this condition, see item (8) under Conditions for Getting Equitable Relief , earlier. Can i file my 2011 taxes in 2013 You timely file Form 8857 as explained earlier in Exception for equitable relief under How To Request Relief. Can i file my 2011 taxes in 2013 Note. Can i file my 2011 taxes in 2013 Unlike innocent spouse relief or separation of liability relief, if you qualify for equitable relief, you can also get relief from an underpaid tax. Can i file my 2011 taxes in 2013 (An underpaid tax is tax that is properly shown on the return, but has not been paid. Can i file my 2011 taxes in 2013 ) Community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Can i file my 2011 taxes in 2013 Generally, community property laws require you to allocate community income and expenses equally between both spouses. Can i file my 2011 taxes in 2013 However, community property laws are not taken into account in determining whether an item belongs to you or to your spouse (or former spouse) for purposes of requesting any relief from liability. Can i file my 2011 taxes in 2013      File Form 8857, Request for Innocent Spouse Relief, to ask the IRS for relief. Can i file my 2011 taxes in 2013 You must file an additional Form 8857 if you are requesting relief for more than three years. Can i file my 2011 taxes in 2013 If you are requesting innocent spouse relief or separation of liability relief, file Form 8857 no later than two years after the date on which the IRS first began collection activities against you after July 22, 1998. Can i file my 2011 taxes in 2013 If you are requesting equitable relief, see Exception for equitable relief. Can i file my 2011 taxes in 2013 under How To Request Relief, earlier, for when to file Form 8857. Can i file my 2011 taxes in 2013 If you are requesting relief from liability arising from community property law, see How and When To Request Relief under Community Property Laws, earlier, for when to file Form 8857. Can i file my 2011 taxes in 2013 Use the address or fax number shown in the Instructions for Form 8857. Can i file my 2011 taxes in 2013 File Form 8857 at the address or send it to the fax number shown in the Instructions for Form 8857. Can i file my 2011 taxes in 2013 Do not file it with the employee assigned to examine your return. Can i file my 2011 taxes in 2013 Generally, the IRS has 10 years to collect an amount you owe. Can i file my 2011 taxes in 2013 This is the collection statute of limitations. Can i file my 2011 taxes in 2013 By law, the IRS is not allowed to collect from you after the 10-year period ends. Can i file my 2011 taxes in 2013 If you request relief for any tax year, the IRS cannot collect from you for that year while your request is pending. Can i file my 2011 taxes in 2013 But interest and penalties continue to accrue. Can i file my 2011 taxes in 2013 Your request is generally considered pending from the date the IRS receives your Form 8857 until the date your request is resolved. Can i file my 2011 taxes in 2013 This includes the time the Tax Court is considering your request. Can i file my 2011 taxes in 2013 After your case is resolved, the IRS can begin or resume collecting from you. Can i file my 2011 taxes in 2013 The 10-year period will be increased by the amount of time your request for relief was pending plus 60 days. Can i file my 2011 taxes in 2013 See Publication 594 for more information. Can i file my 2011 taxes in 2013 Injured spouse relief is different from innocent spouse relief. Can i file my 2011 taxes in 2013 When a joint return is filed and the refund is used to pay one spouse's past-due federal tax, state income tax, state unemployment compensation debts, child support, spousal support, or federal non-tax debt, such as a student loan, the other spouse may be considered an injured spouse. Can i file my 2011 taxes in 2013 The injured spouse can get back his or her share of the joint overpayment using Form 8379, Injured Spouse Allocation. Can i file my 2011 taxes in 2013 You are considered an injured spouse if: You are not legally obligated to pay the past-due amount, and You meet any of the following conditions: You made and reported tax payments (such as federal income tax withholding or estimated tax payments). Can i file my 2011 taxes in 2013 You had earned income (such as wages, salaries, or self-employment income) and claimed the earned income credit or the additional child tax credit. Can i file my 2011 taxes in 2013 You claimed a refundable tax credit, such as the health coverage tax credit or the refundable credit for prior year minimum tax. Can i file my 2011 taxes in 2013 Note. Can i file my 2011 taxes in 2013 If your residence was in a community property state at any time during the year, you may file Form 8379 even if only item (1) above applies. Can i file my 2011 taxes in 2013 . Can i file my 2011 taxes in 2013 Will I qualify for innocent spouse relief in any situation where there is an understated tax? No. Can i file my 2011 taxes in 2013 There are many situations in which you may owe tax that is related to your spouse (or former spouse), but not be eligible for innocent spouse relief. Can i file my 2011 taxes in 2013 For example, you and your spouse file a joint return on which you report $10,000 of income and deductions, but you knew that your spouse was not reporting $5,000 of dividends. Can i file my 2011 taxes in 2013 You are not eligible for innocent spouse relief because you have knowledge of the understated tax. Can i file my 2011 taxes in 2013 Under this type of relief, you allocate (separate) the understated tax (plus interest and penalties) on your joint return between you and your spouse (or former spouse). Can i file my 2011 taxes in 2013 The understated tax allocated to you is generally the amount you are responsible for. Can i file my 2011 taxes in 2013 To qualify for separation of liability relief, you must have filed a joint return and meet either of the following requirements at the time you file Form 8857. Can i file my 2011 taxes in 2013 You are no longer married to, or are legally separated from, the spouse with whom you filed the joint return for which you are requesting relief. Can i file my 2011 taxes in 2013 (Under this rule, you are no longer married if you are widowed. Can i file my 2011 taxes in 2013 ) You were not a member of the same household as the spouse with whom you filed the joint return at any time during the 12-month period ending on the date you file Form 8857. Can i file my 2011 taxes in 2013 In addition to the above requirements, you must file a Form 8857 within 2 years after the date on which the IRS first began collection activity against you after July 22, 1998. Can i file my 2011 taxes in 2013 Even if you meet the requirements listed earlier, a request for separation of liability relief will not be granted in the following situations. Can i file my 2011 taxes in 2013 The IRS proves that you and your spouse (or former spouse) transferred assets to one another as part of a fraudulent scheme. Can i file my 2011 taxes in 2013 The IRS proves that at the time you signed your joint return, you had actual knowledge of any erroneous items giving rise to the deficiency that are allocable to your spouse (or former spouse). Can i file my 2011 taxes in 2013 Your spouse (or former spouse) transferred property to you to avoid tax or the payment of tax. Can i file my 2011 taxes in 2013 Equitable relief is only available if you meet all of the following conditions. Can i file my 2011 taxes in 2013 You do not qualify for innocent spouse relief, separation of liability relief, or relief from liability arising from community property law. Can i file my 2011 taxes in 2013 You have an understated tax or underpaid tax. Can i file my 2011 taxes in 2013 See Note later. Can i file my 2011 taxes in 2013 You did not pay the tax. Can i file my 2011 taxes in 2013 However, see Refunds , earlier, for exceptions. Can i file my 2011 taxes in 2013 The IRS determines that it is unfair to hold you liable for the understated or underpaid tax taking into account all the facts and circumstances. Can i file my 2011 taxes in 2013 You and your spouse (or former spouse) did not transfer assets to one another as a part of a fraudulent scheme. Can i file my 2011 taxes in 2013 Your spouse (or former spouse) did not transfer property to you for the main purpose of avoiding tax or the payment of tax. Can i file my 2011 taxes in 2013 You did not file or fail to file your return with the intent to commit fraud. Can i file my 2011 taxes in 2013 The income tax liability for which you seek relief is attributable to your spouse (or former spouse) with whom you filed the joint return. Can i file my 2011 taxes in 2013 For exceptions to this condition, see item (8) under Conditions for Getting Equitable Relief , earlier. Can i file my 2011 taxes in 2013 You timely file Form 8857 as explained earlier in Exception for equitable relief under How To Request Relief. Can i file my 2011 taxes in 2013 Note. Can i file my 2011 taxes in 2013 Unlike innocent spouse relief or separation of liability relief, if you qualify for equitable relief, you can also get relief from an underpaid tax. Can i file my 2011 taxes in 2013 (An underpaid tax is tax that is properly shown on the return, but has not been paid. Can i file my 2011 taxes in 2013 ) Community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Can i file my 2011 taxes in 2013 Generally, community property laws require you to allocate community income and expenses equally between both spouses. Can i file my 2011 taxes in 2013 However, community property laws are not taken into account in determining whether an item belongs to you or to your spouse (or former spouse) for purposes of requesting any relief from liability. Can i file my 2011 taxes in 2013      File Form 8857, Request for Innocent Spouse Relief, to ask the IRS for relief. Can i file my 2011 taxes in 2013 You must file an additional Form 8857 if you are requesting relief for more than three years. Can i file my 2011 taxes in 2013 If you are requesting innocent spouse relief or separation of liability relief, file Form 8857 no later than two years after the date on which the IRS first began collection activities against you after July 22, 1998. Can i file my 2011 taxes in 2013 If you are requesting equitable relief, see Exception for equitable relief. Can i file my 2011 taxes in 2013 under How To Request Relief, earlier, for when to file Form 8857. Can i file my 2011 taxes in 2013 If you are requesting relief from liability arising from community property law, see How and When To Request Relief under Community Property Laws, earlier, for when to file Form 8857. Can i file my 2011 taxes in 2013 Use the address or fax number shown in the Instructions for Form 8857. Can i file my 2011 taxes in 2013 File Form 8857 at the address or send it to the fax number shown in the Instructions for Form 8857. Can i file my 2011 taxes in 2013 Do not file it with the employee assigned to examine your return. Can i file my 2011 taxes in 2013 Generally, the IRS has 10 years to collect an amount you owe. Can i file my 2011 taxes in 2013 This is the collection statute of limitations. Can i file my 2011 taxes in 2013 By law, the IRS is not allowed to collect from you after the 10-year period ends. Can i file my 2011 taxes in 2013 If you request relief for any tax year, the IRS cannot collect from you for that year while your request is pending. Can i file my 2011 taxes in 2013 But interest and penalties continue to accrue. Can i file my 2011 taxes in 2013 Your request is generally considered pending from the date the IRS receives your Form 8857 until the date your request is resolved. Can i file my 2011 taxes in 2013 This includes the time the Tax Court is considering your request. Can i file my 2011 taxes in 2013 After your case is resolved, the IRS can begin or resume collecting from you. Can i file my 2011 taxes in 2013 The 10-year period will be increased by the amount of time your request for relief was pending plus 60 days. Can i file my 2011 taxes in 2013 See Publication 594 for more information. Can i file my 2011 taxes in 2013 Injured spouse relief is different from innocent spouse relief. Can i file my 2011 taxes in 2013 When a joint return is filed and the refund is used to pay one spouse's past-due federal tax, state income tax, state unemployment compensation debts, child support, spousal support, or federal non-tax debt, such as a student loan, the other spouse may be considered an injured spouse. Can i file my 2011 taxes in 2013 The injured spouse can get back his or her share of the joint overpayment using Form 8379, Injured Spouse Allocation. Can i file my 2011 taxes in 2013 You are considered an injured spouse if: You are not legally obligated to pay the past-due amount, and You meet any of the following conditions: You made and reported tax payments (such as federal income tax withholding or estimated tax payments). Can i file my 2011 taxes in 2013 You had earned income (such as wages, salaries, or self-employment income) and claimed the earned income credit or the additional child tax credit. Can i file my 2011 taxes in 2013 You claimed a refundable tax credit, such as the health coverage tax credit or the refundable credit for prior year minimum tax. Can i file my 2011 taxes in 2013 Note. Can i file my 2011 taxes in 2013 If your residence was in a community property state at any time during the year, you may file Form 8379 even if only item (1) above applies. Can i file my 2011 taxes in 2013 . Can i file my 2011 taxes in 2013 What are the rules for separation of liability relief? Under this type of relief, you allocate (separate) the understated tax (plus interest and penalties) on your joint return between you and your spouse (or former spouse). Can i file my 2011 taxes in 2013 The understated tax allocated to you is generally the amount you are responsible for. Can i file my 2011 taxes in 2013 To qualify for separation of liability relief, you must have filed a joint return and meet either of the following requirements at the time you file Form 8857. Can i file my 2011 taxes in 2013 You are no longer married to, or are legally separated from, the spouse with whom you filed the joint return for which you are requesting relief. Can i file my 2011 taxes in 2013 (Under this rule, you are no longer married if you are widowed. Can i file my 2011 taxes in 2013 ) You were not a member of the same household as the spouse with whom you filed the joint return at any time during the 12-month period ending on the date you file Form 8857. Can i file my 2011 taxes in 2013 In addition to the above requirements, you must file a Form 8857 within 2 years after the date on which the IRS first began collection activity against you after July 22, 1998. Can i file my 2011 taxes in 2013 Even if you meet the requirements listed earlier, a request for separation of liability relief will not be granted in the following situations. Can i file my 2011 taxes in 2013 The IRS proves that you and your spouse (or former spouse) transferred assets to one another as part of a fraudulent scheme. Can i file my 2011 taxes in 2013 The IRS proves that at the time you signed your joint return, you had actual knowledge of any erroneous items giving rise to the deficiency that are allocable to your spouse (or former spouse). Can i file my 2011 taxes in 2013 Your spouse (or former spouse) transferred property to you to avoid tax or the payment of tax. Can i file my 2011 taxes in 2013 Equitable relief is only available if you meet all of the following conditions. Can i file my 2011 taxes in 2013 You do not qualify for innocent spouse relief, separation of liability relief, or relief from liability arising from community property law. Can i file my 2011 taxes in 2013 You have an understated tax or underpaid tax. Can i file my 2011 taxes in 2013 See Note later. Can i file my 2011 taxes in 2013 You did not pay the tax. Can i file my 2011 taxes in 2013 However, see Refunds , earlier, for exceptions. Can i file my 2011 taxes in 2013 The IRS determines that it is unfair to hold you liable for the understated or underpaid tax taking into account all the facts and circumstances. Can i file my 2011 taxes in 2013 You and your spouse (or former spouse) did not transfer assets to one another as a part of a fraudulent scheme. Can i file my 2011 taxes in 2013 Your spouse (or former spouse) did not transfer property to you for the main purpose of avoiding tax or the payment of tax. Can i file my 2011 taxes in 2013 You did not file or fail to file your return with the intent to commit fraud. Can i file my 2011 taxes in 2013 The income tax liability for which you seek relief is attributable to your spouse (or former spouse) with whom you filed the joint return. Can i file my 2011 taxes in 2013 For exceptions to this condition, see item (8) under Conditions for Getting Equitable Relief , earlier. Can i file my 2011 taxes in 2013 You timely file Form 8857 as explained earlier in Exception for equitable relief under How To Request Relief. Can i file my 2011 taxes in 2013 Note. Can i file my 2011 taxes in 2013 Unlike innocent spouse relief or separation of liability relief, if you qualify for equitable relief, you can also get relief from an underpaid tax. Can i file my 2011 taxes in 2013 (An underpaid tax is tax that is properly shown on the return, but has not been paid. Can i file my 2011 taxes in 2013 ) Community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Can i file my 2011 taxes in 2013 Generally, community property laws require you to allocate community income and expenses equally between both spouses. Can i file my 2011 taxes in 2013 However, community property laws are not taken into account in determining whether an item belongs to you or to your spouse (or former spouse) for purposes of requesting any relief from liability. Can i file my 2011 taxes in 2013      File Form 8857, Request for Innocent Spouse Relief, to ask the IRS for relief. Can i file my 2011 taxes in 2013 You must file an additional Form 8857 if you are requesting relief for more than three years. Can i file my 2011 taxes in 2013 If you are requesting innocent spouse relief or separation of liability relief, file Form 8857 no later than two years after the date on which the IRS first began collection activities against you after July 22, 1998. Can i file my 2011 taxes in 2013 If you are requesting equitable relief, see Exception for equitable relief. Can i file my 2011 taxes in 2013 under How To Request Relief, earlier, for when to file Form 8857. Can i file my 2011 taxes in 2013 If you are requesting relief from liability arising from community property law, see How and When To Request Relief under Community Property Laws, earlier, for when to file Form 8857. Can i file my 2011 taxes in 2013 Use the address or fax number shown in the Instructions for Form 8857. Can i file my 2011 taxes in 2013 File Form 8857 at the address or send it to the fax number shown in the Instructions for Form 8857. Can i file my 2011 taxes in 2013 Do not file it with the employee assigned to examine your return. Can i file my 2011 taxes in 2013 Generally, the IRS has 10 years to collect an amount you owe. Can i file my 2011 taxes in 2013 This is the collection statute of limitations. Can i file my 2011 taxes in 2013 By law, the IRS is not allowed to collect from you after the 10-year period ends. Can i file my 2011 taxes in 2013 If you request relief for any tax year, the IRS cannot collect from you for that year while your request is pending. Can i file my 2011 taxes in 2013 But interest and penalties continue to accrue. Can i file my 2011 taxes in 2013 Your request is generally considered pending from the date the IRS receives your Form 8857 until the date your request is resolved. Can i file my 2011 taxes in 2013 This includes the time the Tax Court is considering your request. Can i file my 2011 taxes in 2013 After your case is resolved, the IRS can begin or resume collecting from you. Can i file my 2011 taxes in 2013 The 10-year period will be increased by the amount of time your request for relief was pending plus 60 days. Can i file my 2011 taxes in 2013 See Publication 594 for more information. Can i file my 2011 taxes in 2013 Injured spouse relief is different from innocent spouse relief. Can i file my 2011 taxes in 2013 When a joint return is filed and the refund is used to pay one spouse's past-due federal tax, state income tax, state unemployment compensation debts, child support, spousal support, or federal non-tax debt, such as a student loan, the other spouse may be considered an injured spouse. Can i file my 2011 taxes in 2013 The injured spouse can get back his or her share of the joint overpayment using Form 8379, Injured Spouse Allocation. Can i file my 2011 taxes in 2013 You are considered an injured spouse if: You are not legally obligated to pay the past-due amount, and You meet any of the following conditions: You made and reported tax payments (such as federal income tax withholding or estimated tax payments). Can i file my 2011 taxes in 2013 You had earned income (such as wages, salaries, or self-employment income) and claimed the earned income credit or the additional child tax credit. Can i file my 2011 taxes in 2013 You claimed a refundable tax credit, such as the health coverage tax credit or the refundable credit for prior year minimum tax. Can i file my 2011 taxes in 2013 Note. Can i file my 2011 taxes in 2013 If your residence was in a community property state at any time during the year, you may file Form 8379 even if only item (1) above applies. Can i file my 2011 taxes in 2013 . Can i file my 2011 taxes in 2013 Why would a request for separation of liability relief be denied? Even if you meet the requirements listed earlier, a request for separation of liability relief will not be granted in the following situations. Can i file my 2011 taxes in 2013 The IRS proves that you and your spouse (or former spouse) transferred assets to one another as part of a fraudulent scheme. Can i file my 2011 taxes in 2013 The IRS proves that at the time you signed your joint return, you had actual knowledge of any erroneous items giving rise to the deficiency that are allocable to your spouse (or former spouse). Can i file my 2011 taxes in 2013 Your spouse (or former spouse) transferred property to you to avoid tax or the payment of tax. Can i file my 2011 taxes in 2013 Equitable relief is only available if you meet all of the following conditions. Can i file my 2011 taxes in 2013 You do not qualify for innocent spouse relief, separation of liability relief, or relief from liability arising from community property law. Can i file my 2011 taxes in 2013 You have an understated tax or underpaid tax. Can i file my 2011 taxes in 2013 See Note later. Can i file my 2011 taxes in 2013 You did not pay the tax. Can i file my 2011 taxes in 2013 However, see Refunds , earlier, for exceptions. Can i file my 2011 taxes in 2013 The IRS determines that it is unfair to hold you liable for the understated or underpaid tax taking into account all the facts and circumstances. Can i file my 2011 taxes in 2013 You and your spouse (or former spouse) did not transfer assets to one another as a part of a fraudulent scheme. Can i file my 2011 taxes in 2013 Your spouse (or former spouse) did not transfer property to you for the main purpose of avoiding tax or the payment of tax. Can i file my 2011 taxes in 2013 You did not file or fail to file your return with the intent to commit fraud. Can i file my 2011 taxes in 2013 The income tax liability for which you seek relief is attributable to your spouse (or former spouse) with whom you filed the joint return. Can i file my 2011 taxes in 2013 For exceptions to this condition, see item (8) under Conditions for Getting Equitable Relief , earlier. Can i file my 2011 taxes in 2013 You timely file Form 8857 as explained earlier in Exception for equitable relief under How To Request Relief. Can i file my 2011 taxes in 2013 Note. Can i file my 2011 taxes in 2013 Unlike innocent spouse relief or separation of liability relief, if you qualify for equitable relief, you can also get relief from an underpaid tax. Can i file my 2011 taxes in 2013 (An underpaid tax is tax that is properly shown on the return, but has not been paid. Can i file my 2011 taxes in 2013 ) Community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Can i file my 2011 taxes in 2013 Generally, community property laws require you to allocate community income and expenses equally between both spouses. Can i file my 2011 taxes in 2013 However, community property laws are not taken into account in determining whether an item belongs to you or to your spouse (or former spouse) for purposes of requesting any relief from liability. Can i file my 2011 taxes in 2013      File Form 8857, Request for Innocent Spouse Relief, to ask the IRS for relief. Can i file my 2011 taxes in 2013 You must file an additional Form 8857 if you are requesting relief for more than three years. Can i file my 2011 taxes in 2013 If you are requesting innocent spouse relief or separation of liability relief, file Form 8857 no later than two years after the date on which the IRS first began collection activities against you after July 22, 1998. Can i file my 2011 taxes in 2013 If you are requesting equitable relief, see Exception for equitable relief. Can i file my 2011 taxes in 2013 under How To Request Relief, earlier, for when to file Form 8857. Can i file my 2011 taxes in 2013 If you are requesting relief from liability arising from community property law, see How and When To Request Relief under Community Property Laws, earlier, for when to file Form 8857. Can i file my 2011 taxes in 2013 Use the address or fax number shown in the Instructions for Form 8857. Can i file my 2011 taxes in 2013 File Form 8857 at the address or send it to the fax number shown in the Instructions for Form 8857. Can i file my 2011 taxes in 2013 Do not file it with the employee assigned to examine your return. Can i file my 2011 taxes in 2013 Generally, the IRS has 10 years to collect an amount you owe. Can i file my 2011 taxes in 2013 This is the collection statute of limitations. Can i file my 2011 taxes in 2013 By law, the IRS is not allowed to collect from you after the 10-year period ends. Can i file my 2011 taxes in 2013 If you request relief for any tax year, the IRS cannot collect from you for that year while your request is pending. Can i file my 2011 taxes in 2013 But interest and penalties continue to accrue. Can i file my 2011 taxes in 2013 Your request is generally considered pending from the date the IRS receives your Form 8857 until the date your request is resolved. Can i file my 2011 taxes in 2013 This includes the time the Tax Court is considering your request. Can i file my 2011 taxes in 2013 After your case is resolved, the IRS can begin or resume collecting from you. Can i file my 2011 taxes in 2013 The 10-year period will be increased by the amount of time your request for relief was pending plus 60 days. Can i file my 2011 taxes in 2013 See Publication 594 for more information. Can i file my 2011 taxes in 2013 Injured spouse relief is different from innocent spouse relief. Can i file my 2011 taxes in 2013 When a joint return is filed and the refund is used to pay one spouse's past-due federal tax, state income tax, state unemployment compensation debts, child support, spousal support, or federal non-tax debt, such as a student loan, the other spouse may be considered an injured spouse. Can i file my 2011 taxes in 2013 The injured spouse can get back his or her share of the joint overpayment using Form 8379, Injured Spouse Allocation. Can i file my 2011 taxes in 2013 You are considered an injured spouse if: You are not legally obligated to pay the past-due amount, and You meet any of the following conditions: You made and reported tax payments (such as federal income tax withholding or estimated tax payments). Can i file my 2011 taxes in 2013 You had earned income (such as wages, salaries, or self-employment income) and claimed the earned income credit or the additional child tax credit. Can i file my 2011 taxes in 2013 You claimed a refundable tax credit, such as the health coverage tax credit or the refundable credit for prior year minimum tax. Can i file my 2011 taxes in 2013 Note. Can i file my 2011 taxes in 2013 If your residence was in a community property state at any time during the year, you may file Form 8379 even if only item (1) above applies. Can i file my 2011 taxes in 2013 . Can i file my 2011 taxes in 2013 What are the rules for equitable relief? Equitable relief is only available if you meet all of the following conditions. Can i file my 2011 taxes in 2013 You do not qualify for innocent spouse relief, separation of liability relief, or relief from liability arising from community property law. Can i file my 2011 taxes in 2013 You have an understated tax or underpaid tax. Can i file my 2011 taxes in 2013 See Note later. Can i file my 2011 taxes in 2013 You did not pay the tax. Can i file my 2011 taxes in 2013 However, see Refunds , earlier, for exceptions. Can i file my 2011 taxes in 2013 The IRS determines that it is unfair to hold you liable for the understated or underpaid tax taking into account all the facts and circumstances. Can i file my 2011 taxes in 2013 You and your spouse (or former spouse) did not transfer assets to one another as a part of a fraudulent scheme. Can i file my 2011 taxes in 2013 Your spouse (or former spouse) did not transfer property to you for the main purpose of avoiding tax or the payment of tax. Can i file my 2011 taxes in 2013 You did not file or fail to file your return with the intent to commit fraud. Can i file my 2011 taxes in 2013 The income tax liability for which you seek relief is attributable to your spouse (or former spouse) with whom you filed the joint return. Can i file my 2011 taxes in 2013 For exceptions to this condition, see item (8) under Conditions for Getting Equitable Relief , earlier. Can i file my 2011 taxes in 2013 You timely file Form 8857 as explained earlier in Exception for equitable relief under How To Request Relief. Can i file my 2011 taxes in 2013 Note. Can i file my 2011 taxes in 2013 Unlike innocent spouse relief or separation of liability relief, if you qualify for equitable relief, you can also get relief from an underpaid tax. Can i file my 2011 taxes in 2013 (An underpaid tax is tax that is properly shown on the return, but has not been paid. Can i file my 2011 taxes in 2013 ) Community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Can i file my 2011 taxes in 2013 Generally, community property laws require you to allocate community income and expenses equally between both spouses. Can i file my 2011 taxes in 2013 However, community property laws are not taken into account in determining whether an item belongs to you or to your spouse (or former spouse) for purposes of requesting any relief from liability. Can i file my 2011 taxes in 2013      File Form 8857, Request for Innocent Spouse Relief, to ask the IRS for relief. Can i file my 2011 taxes in 2013 You must file an additional Form 8857 if you are requesting relief for more than three years. Can i file my 2011 taxes in 2013 If you are requesting innocent spouse relief or separation of liability relief, file Form 8857 no later than two years after the date on which the IRS first began collection activities against you after July 22, 1998. Can i file my 2011 taxes in 2013 If you are requesting equitable relief, see Exception for equitable relief. Can i file my 2011 taxes in 2013 under How To Request Relief, earlier, for when to file Form 8857. Can i file my 2011 taxes in 2013 If you are requesting relief from liability arising from community property law, see How and When To Request Relief under Community Property Laws, earlier, for when to file Form 8857. Can i file my 2011 taxes in 2013 Use the address or fax number shown in the Instructions for Form 8857. Can i file my 2011 taxes in 2013 File Form 8857 at the address or send it to the fax number shown in the Instructions for Form 8857. Can i file my 2011 taxes in 2013 Do not file it with the employee assigned to examine your return. Can i file my 2011 taxes in 2013 Generally, the IRS has 10 years to collect an amount you owe. Can i file my 2011 taxes in 2013 This is the collection statute of limitations. Can i file my 2011 taxes in 2013 By law, the IRS is not allowed to collect from you after the 10-year period ends. Can i file my 2011 taxes in 2013 If you request relief for any tax year, the IRS cannot collect from you for that year while your request is pending. Can i file my 2011 taxes in 2013 But interest and penalties continue to accrue. Can i file my 2011 taxes in 2013 Your request is generally considered pending from the date the IRS receives your Form 8857 until the date your request is resolved. Can i file my 2011 taxes in 2013 This includes the time the Tax Court is considering your request. Can i file my 2011 taxes in 2013 After your case is resolved, the IRS can begin or resume collecting from you. Can i file my 2011 taxes in 2013 The 10-year period will be increased by the amount of time your request for relief was pending plus 60 days. Can i file my 2011 taxes in 2013 See Publication 594 for more information. Can i file my 2011 taxes in 2013 Injured spouse relief is different from innocent spouse relief. Can i file my 2011 taxes in 2013 When a joint return is filed and the refund is used to pay one spouse's past-due federal tax, state income tax, state unemployment compensation debts, child support, spousal support, or federal non-tax debt, such as a student loan, the other spouse may be considered an injured spouse. Can i file my 2011 taxes in 2013 The injured spouse can get back his or her share of the joint overpayment using Form 8379, Injured Spouse Allocation. Can i file my 2011 taxes in 2013 You are considered an injured spouse if: You are not legally obligated to pay the past-due amount, and You meet any of the following conditions: You made and reported tax payments (such as federal income tax withholding or estimated tax payments). Can i file my 2011 taxes in 2013 You had earned income (such as wages, salaries, or self-employment income) and claimed the earned income credit or the additional child tax credit. Can i file my 2011 taxes in 2013 You claimed a refundable tax credit, such as the health coverage tax credit or the refundable credit for prior year minimum tax. Can i file my 2011 taxes in 2013 Note. Can i file my 2011 taxes in 2013 If your residence was in a community property state at any time during the year, you may file Form 8379 even if only item (1) above applies. Can i file my 2011 taxes in 2013 . Can i file my 2011 taxes in 2013 How do state community property laws affect my ability to qualify for relief? Community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Can i file my 2011 taxes in 2013 Generally, community property laws require you to allocate community income and expenses equally between both spouses. Can i file my 2011 taxes in 2013 However, community property laws are not taken into account in determining whether an item belongs to you or to your spouse (or former spouse) for purposes of requesting any relief from liability. Can i file my 2011 taxes in 2013      File Form 8857, Request for Innocent Spouse Relief, to ask the IRS for relief. Can i file my 2011 taxes in 2013 You must file an additional Form 8857 if you are requesting relief for more than three years. Can i file my 2011 taxes in 2013 If you are requesting innocent spouse relief or separation of liability relief, file Form 8857 no later than two years after the date on which the IRS first began collection activities against you after July 22, 1998. Can i file my 2011 taxes in 2013 If you are requesting equitable relief, see Exception for equitable relief. Can i file my 2011 taxes in 2013 under How To Request Relief, earlier, for when to file Form 8857. Can i file my 2011 taxes in 2013 If you are requesting relief from liability arising from community property law, see How and When To Request Relief under Community Property Laws, earlier, for when to file Form 8857. Can i file my 2011 taxes in 2013 Use the address or fax number shown in the Instructions for Form 8857. Can i file my 2011 taxes in 2013 File Form 8857 at the address or send it to the fax number shown in the Instructions for Form 8857. Can i file my 2011 taxes in 2013 Do not file it with the employee assigned to examine your return. Can i file my 2011 taxes in 2013 Generally, the IRS has 10 years to collect an amount you owe. Can i file my 2011 taxes in 2013 This is the collection statute of limitations. Can i file my 2011 taxes in 2013 By law, the IRS is not allowed to collect from you after the 10-year period ends. Can i file my 2011 taxes in 2013 If you request relief for any tax year, the IRS cannot collect from you for that year while your request is pending. Can i file my 2011 taxes in 2013 But interest and penalties continue to accrue. Can i file my 2011 taxes in 2013 Your request is generally considered pending from the date the IRS receives your Form 8857 until the date your request is resolved. Can i file my 2011 taxes in 2013 This includes the time the Tax Court is considering your request. Can i file my 2011 taxes in 2013 After your case is resolved, the IRS can begin or