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Free 2007 Tax Preparation Online

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Free 2007 Tax Preparation Online

Free 2007 tax preparation online Publication 517 - Main Content Table of Contents Social Security CoverageCoverage of Members of the Clergy Coverage of Religious Workers (Church Employees) U. Free 2007 tax preparation online S. Free 2007 tax preparation online Citizens and Resident and Nonresident Aliens Ministerial ServicesMinisters Members of Religious Orders Christian Science Practitioners and Readers Exemption From Self-Employment (SE) TaxMembers of the Clergy Members of Recognized Religious Sects Self-Employment Tax: Figuring Net EarningsRegular Method Nonfarm Optional Method Income Tax: Income and ExpensesIncome Items Expense Items Income Tax Withholding and Estimated Tax Filing Your Return Retirement Savings ArrangementsDeducting contributions to tax-sheltered annuity plans. Free 2007 tax preparation online Full-time student. Free 2007 tax preparation online Adjusted gross income. Free 2007 tax preparation online More information. Free 2007 tax preparation online Earned Income Credit Comprehensive ExampleForm W-2 From Church Form W-2 From College Schedule C-EZ (Form 1040) Form 2106-EZ Schedule A (Form 1040) Schedule SE (Form 1040) Form 1040 Attachment 1 Attachment 2 How To Get Tax HelpLow Income Taxpayer Clinics Social Security Coverage This section gives information about which system (SECA or FICA) is used to collect social security and Medicare taxes from members of the clergy (ministers, members of a religious order, and Christian Science practitioners and readers) and religious workers (church employees). Free 2007 tax preparation online Coverage of Members of the Clergy The services you perform in the exercise of your ministry, of the duties required by your religious order, or of your profession as a Christian Science practitioner or reader are covered by social security and Medicare under SECA. Free 2007 tax preparation online Your earnings for these ministerial services (defined later) are subject to self-employment (SE) tax unless one of the following applies. Free 2007 tax preparation online You are a member of a religious order who has taken a vow of poverty. Free 2007 tax preparation online You ask the Internal Revenue Service (IRS) for an exemption from SE tax for your services and the IRS approves your request. Free 2007 tax preparation online See Exemption From Self-Employment (SE) Tax , later. Free 2007 tax preparation online You are subject only to the social security laws of a foreign country under the provisions of a social security agreement between the United States and that country. Free 2007 tax preparation online For more information, see Bilateral Social Security (Totalization) Agreements in Publication 54. Free 2007 tax preparation online Your earnings that are not from ministerial services may be subject to social security tax under FICA or SECA according to the rules that apply to taxpayers in general. Free 2007 tax preparation online See Ministerial Services , later. Free 2007 tax preparation online Ministers If you are a minister of a church, your earnings for the services you perform in your capacity as a minister are subject to SE tax, even if you perform these services as an employee of that church. Free 2007 tax preparation online However, you can request that the IRS grant you an exemption, as discussed under Exemption From Self-Employment (SE) Tax , later. Free 2007 tax preparation online For the specific services covered, see Ministerial Services , later. Free 2007 tax preparation online Ministers defined. Free 2007 tax preparation online   Ministers are individuals who are duly ordained, commissioned, or licensed by a religious body constituting a church or church denomination. Free 2007 tax preparation online Ministers have the authority to conduct religious worship, perform sacerdotal functions, and administer ordinances or sacraments according to the prescribed tenets and practices of that church or denomination. Free 2007 tax preparation online   If a church or denomination ordains some ministers and licenses or commissions others, anyone licensed or commissioned must be able to perform substantially all the religious functions of an ordained minister to be treated as a minister for social security purposes. Free 2007 tax preparation online Employment status for other tax purposes. Free 2007 tax preparation online   Even though all of your income from performing ministerial services is subject to self-employment tax for social security tax purposes, you may be an employee for income tax or retirement plan purposes in performing those same services. Free 2007 tax preparation online For income tax or retirement plan purposes, your income earned as an employee will be considered wages. Free 2007 tax preparation online Common-law employee. Free 2007 tax preparation online   Under common-law rules, you are considered either an employee or a self-employed person. Free 2007 tax preparation online Generally, you are an employee if you perform services for someone who has the legal right to control both what you do and how you do it, even if you have considerable discretion and freedom of action. Free 2007 tax preparation online For more information about the common-law rules, see Publication 15-A, Employer's Supplemental Tax Guide. Free 2007 tax preparation online   If a congregation employs you and pays you a salary, you are generally a common-law employee and income from the exercise of your ministry is wages for income tax purposes. Free 2007 tax preparation online However, amounts received directly from members of the congregation, such as fees for performing marriages, baptisms, or other personal services, are not wages; such amounts are self-employment income for both income tax purposes and social security tax purposes. Free 2007 tax preparation online Example. Free 2007 tax preparation online A church hires and pays you a salary to perform ministerial services subject to its control. Free 2007 tax preparation online Under the common-law rules, you are an employee of the church while performing those services. Free 2007 tax preparation online Form SS-8. Free 2007 tax preparation online   If you are not certain whether you are an employee or a self-employed person, you can get a determination from the IRS by filing Form SS-8. Free 2007 tax preparation online Members of Religious Orders If you are a member of a religious order who has not taken a vow of poverty, your earnings for ministerial services you perform as a member of the order are subject to SE tax. Free 2007 tax preparation online See Ministerial Services , later. Free 2007 tax preparation online However, you can request that the IRS grant you an exemption as discussed under Exemption From Self-Employment (SE) Tax , later. Free 2007 tax preparation online Vow of poverty. Free 2007 tax preparation online   If you are a member of a religious order and have taken a vow of poverty, you are already exempt from paying SE tax on your earnings for ministerial services you perform as an agent of your church or its agencies. Free 2007 tax preparation online You do not need to request a separate exemption. Free 2007 tax preparation online For income tax purposes, the earnings are tax free to you. Free 2007 tax preparation online Your earnings are considered the income of the religious order. Free 2007 tax preparation online Services covered under FICA at the election of the order. Free 2007 tax preparation online   However, even if you have taken a vow of poverty, the services you perform for your church or its agencies may be covered under social security. Free 2007 tax preparation online Your services are covered if your order, or an autonomous subdivision of the order, elects social security coverage for its current and future vow-of-poverty members. Free 2007 tax preparation online   The order or subdivision elects coverage by filing Form SS-16. Free 2007 tax preparation online The election may cover certain vow-of-poverty members for a retroactive period of up to 20 calendar quarters before the quarter in which it files the certificate. Free 2007 tax preparation online If the election is made, the order or subdivision pays both the employer's and employee's share of the tax. Free 2007 tax preparation online You do not pay any of the FICA tax. Free 2007 tax preparation online Services performed outside the order. Free 2007 tax preparation online   Even if you are a member of a religious order who has taken a vow of poverty and the order requires you to turn over amounts you earn, your earnings are subject to federal income tax and either SE tax or FICA tax (including estimated tax payments and/or withholding) if you: Are self-employed or an employee of an organization outside your religious community, and Perform work not required by, or done on behalf of, the order. Free 2007 tax preparation online   In these cases, your income from self-employment or as an employee of that outside organization is taxable to you directly. Free 2007 tax preparation online You may, however, be able to take a charitable deduction for the amount you turn over to the order. Free 2007 tax preparation online See Publication 526, Charitable Contributions. Free 2007 tax preparation online Rulings. Free 2007 tax preparation online   Organizations and individuals may request rulings from the IRS on whether they are religious orders, or members of a religious order, respectively, for FICA tax, SE tax, and federal income tax withholding purposes. Free 2007 tax preparation online To request a ruling, follow the procedures in Revenue Procedure 2014-1, 2014-1 I. Free 2007 tax preparation online R. Free 2007 tax preparation online B. Free 2007 tax preparation online 1, available at www. Free 2007 tax preparation online irs. Free 2007 tax preparation online gov/irb/2014-1_IRB/ar05. Free 2007 tax preparation online html. Free 2007 tax preparation online Christian Science Practitioners and Readers Generally, your earnings from services you perform in your profession as a Christian Science practitioner or reader are subject to SE tax. Free 2007 tax preparation online However, you can request an exemption as discussed under Exemption From Self-Employment (SE) Tax , later. Free 2007 tax preparation online Practitioners. Free 2007 tax preparation online   Christian Science practitioners are members in good standing of the Mother Church, The First Church of Christ, Scientist, in Boston, Massachusetts, who practice healing according to the teachings of Christian Science. Free 2007 tax preparation online State law specifically exempts Christian Science practitioners from licensing requirements. Free 2007 tax preparation online   Some Christian Science practitioners also are Christian Science teachers or lecturers. Free 2007 tax preparation online Income from teaching or lecturing is considered the same as income from their work as practitioners. Free 2007 tax preparation online Readers. Free 2007 tax preparation online   For tax purposes, Christian Science readers are considered the same as ordained, commissioned, or licensed ministers. Free 2007 tax preparation online Coverage of Religious Workers (Church Employees) If you are a religious worker (a church employee) and are not in one of the classes already discussed, your wages are generally subject to social security and Medicare tax under FICA, not SECA. Free 2007 tax preparation online Some exceptions are discussed next. Free 2007 tax preparation online Election by Church To Exclude Its Employees From FICA Coverage Churches and qualified church-controlled organizations (church organizations) that are opposed for religious reasons to the payment of social security and Medicare taxes can elect to exclude their employees from FICA coverage. Free 2007 tax preparation online If your employer makes this election, it does not pay the employer's portion of the FICA taxes or withhold from your pay your portion of the FICA taxes. Free 2007 tax preparation online Instead, your wages are subject to SECA and you must pay SE tax on your wages if they exceed $108. Free 2007 tax preparation online 28 during the tax year. Free 2007 tax preparation online However, you can request an exemption from SE tax if you are a member of a recognized religious sect, as discussed below. Free 2007 tax preparation online Churches and church organizations make this election by filing two copies of Form 8274. Free 2007 tax preparation online For more information about making this election, see Form 8274. Free 2007 tax preparation online Election by Certain Church Employees Who Are Opposed to Social Security and Medicare You may be able to choose to be exempt from social security and Medicare taxes, including the SE tax, if you are a member of a recognized religious sect or division and work for a church (or church-controlled nonprofit division) that does not pay the employer's part of the social security tax on wages. Free 2007 tax preparation online This exemption does not apply to your service, if any, as a minister of a church or as a member of a religious order. Free 2007 tax preparation online Make this choice by filing Form 4029. Free 2007 tax preparation online See Requesting Exemption—Form 4029 , later, under Members of Recognized Religious Sects. Free 2007 tax preparation online U. Free 2007 tax preparation online S. Free 2007 tax preparation online Citizens and Resident and Nonresident Aliens To be covered under the SE tax provisions (SECA), individuals generally must be citizens or resident aliens of the United States. Free 2007 tax preparation online Nonresident aliens are not covered under SECA unless a social security agreement in effect between the United States and the foreign country determines that you are covered under the U. Free 2007 tax preparation online S. Free 2007 tax preparation online social security system. Free 2007 tax preparation online To determine your alien status, see Publication 519, U. Free 2007 tax preparation online S. Free 2007 tax preparation online Tax Guide for Aliens. Free 2007 tax preparation online Residents of Puerto Rico, the U. Free 2007 tax preparation online S. Free 2007 tax preparation online Virgin Islands, Guam, the CNMI, and American Samoa. Free 2007 tax preparation online   If you are a resident of one of these U. Free 2007 tax preparation online S. Free 2007 tax preparation online possessions but not a U. Free 2007 tax preparation online S. Free 2007 tax preparation online citizen, for SE tax purposes you are treated the same as a citizen or resident alien of the United States. Free 2007 tax preparation online For information on figuring the tax, see Self-Employment Tax: Figuring Net Earnings , later. Free 2007 tax preparation online Ministerial Services Ministerial services, in general, are the services you perform in the exercise of your ministry, in the exercise of your duties as required by your religious order, or in the exercise of your profession as a Christian Science practitioner or reader. Free 2007 tax preparation online Income you receive for performing ministerial services is subject to SE tax unless you have an exemption as explained later. Free 2007 tax preparation online Even if you have an exemption, only the income you receive for performing ministerial services is exempt. Free 2007 tax preparation online The exemption does not apply to any other income. Free 2007 tax preparation online The following discussions provide more detailed information on ministerial services of ministers, members of a religious order, and Christian Science practitioners and readers. Free 2007 tax preparation online Ministers Most services you perform as a minister, priest, rabbi, etc. Free 2007 tax preparation online , are ministerial services. Free 2007 tax preparation online These services include: Performing sacerdotal functions, Conducting religious worship, and Controlling, conducting, and maintaining religious organizations (including the religious boards, societies, and other integral agencies of such organizations) that are under the authority of a religious body that is a church or denomination. Free 2007 tax preparation online You are considered to control, conduct, and maintain a religious organization if you direct, manage, or promote the organization's activities. Free 2007 tax preparation online A religious organization is under the authority of a religious body that is a church or denomination if it is organized for and dedicated to carrying out the principles of a faith according to the requirements governing the creation of institutions of the faith. Free 2007 tax preparation online Services for nonreligious organizations. Free 2007 tax preparation online   Your services for a nonreligious organization are ministerial services if the services are assigned or designated by your church. Free 2007 tax preparation online Assigned or designated services qualify even if they do not involve performing sacerdotal functions or conducting religious worship. Free 2007 tax preparation online   If your services are not assigned or designated by your church, they are ministerial services only if they involve performing sacerdotal functions or conducting religious worship. Free 2007 tax preparation online Services that are not part of your ministry. Free 2007 tax preparation online   Income from services you perform as an employee that are not ministerial services is subject to social security and Medicare tax withholding under FICA (not SECA) under the rules that apply to employees in general. Free 2007 tax preparation online The following are not ministerial services. Free 2007 tax preparation online Services you perform for nonreligious organizations other than the services stated above. Free 2007 tax preparation online Services you perform as a duly ordained, commissioned, or licensed minister of a church as an employee of the United States, the District of Columbia, a foreign government, or any of their political subdivisions. Free 2007 tax preparation online These services are not ministerial services even if you are performing sacerdotal functions or conducting religious worship. Free 2007 tax preparation online (For example, if you perform services as a chaplain in the Armed Forces of the United States, those services are not ministerial services. Free 2007 tax preparation online ) Services you perform in a government-owned and operated hospital. Free 2007 tax preparation online (These services are considered performed by a government employee, not by a minister as part of the ministry. Free 2007 tax preparation online ) However, services that you perform at a church-related hospital or health and welfare institution, or a private nonprofit hospital, are considered to be part of the ministry and are considered ministerial services. Free 2007 tax preparation online Books or articles. Free 2007 tax preparation online   Writing religious books or articles is considered to be in the exercise of your ministry and is considered a ministerial service. Free 2007 tax preparation online   This rule also applies to members of religious orders and to Christian Science practitioners and readers. Free 2007 tax preparation online Members of Religious Orders Services you perform as a member of a religious order in the exercise of duties required by the order are ministerial services. Free 2007 tax preparation online The services are considered ministerial because you perform them as an agent of the order. Free 2007 tax preparation online For example, if the order directs you to perform services for another agency of the supervising church or an associated institution, you are considered to perform the services as an agent of the order. Free 2007 tax preparation online However, if the order directs you to work outside the order, this employment will not be considered a duty required by the order unless: Your services are the kind that are ordinarily performed by members of the order, and Your services are part of the duties that must be exercised for, or on behalf of, the religious order as its agent. Free 2007 tax preparation online Effect of employee status. Free 2007 tax preparation online   Ordinarily, if your services are not considered directed or required of you by the order, you and the outside party for whom you work are considered employee and employer. Free 2007 tax preparation online In this case, your earnings from the services are taxed under the rules that apply to employees in general, not under the rules for services provided as agent for the order. Free 2007 tax preparation online This result is true even if you have taken a vow of poverty. Free 2007 tax preparation online Example. Free 2007 tax preparation online Pat Brown and Chris Green are members of a religious order and have taken vows of poverty. Free 2007 tax preparation online They renounce all claims to their earnings. Free 2007 tax preparation online The earnings belong to the order. Free 2007 tax preparation online Pat is a licensed attorney. Free 2007 tax preparation online The superiors of the order instructed her to get a job with a law firm. Free 2007 tax preparation online Pat joined a law firm as an employee and, as she requested, the firm made the salary payments directly to the order. Free 2007 tax preparation online Chris is a secretary. Free 2007 tax preparation online The superiors of the order instructed him to accept a job with the business office of the church that supervises the order. Free 2007 tax preparation online Chris took the job and gave all his earnings to the order. Free 2007 tax preparation online Pat's services are not duties required by the order. Free 2007 tax preparation online Her earnings are subject to social security and Medicare tax under FICA and to federal income tax. Free 2007 tax preparation online Chris' services are duties required by the order. Free 2007 tax preparation online He is acting as an agent of the order and not as an employee of a third party. Free 2007 tax preparation online He does not include the earnings in gross income, and they are not subject to income tax withholding or to social security and Medicare tax under FICA or SECA. Free 2007 tax preparation online Christian Science Practitioners and Readers Services you perform as a Christian Science practitioner or reader in the exercise of your profession are ministerial services. Free 2007 tax preparation online Amounts you receive for performing these services are generally subject to SE tax. Free 2007 tax preparation online You may request an exemption from SE tax, discussed next, which applies only to those services. Free 2007 tax preparation online Exemption From Self-Employment (SE) Tax You can request an exemption from SE tax if you are a member of the clergy (minister, member of a religious order, or Christian Science practitioner or reader) or a member of a recognized religious sect. Free 2007 tax preparation online Generally, members of religious orders who have taken a vow of poverty are already exempt from paying SE tax, as discussed earlier under Members of Religious Orders under Social Security Coverage. Free 2007 tax preparation online They do not have to request the exemption. Free 2007 tax preparation online Who cannot be exempt. Free 2007 tax preparation online   You cannot be exempt from SE tax if you made one of the following elections to be covered under social security. Free 2007 tax preparation online These elections are irrevocable. Free 2007 tax preparation online You elected to be covered under social security by filing Form 2031, Revocation of Exemption From Self-Employment Tax for Use by Ministers, Members of Religious Orders, and Christian Science Practitioners, for your 1986, 1987, 2000, or 2001 tax year. Free 2007 tax preparation online You elected before 1968 to be covered under social security for your ministerial services. Free 2007 tax preparation online Requesting exemption. Free 2007 tax preparation online    Table 2, earlier, briefly summarizes the procedure for requesting exemption from the SE tax. Free 2007 tax preparation online More detailed explanations follow. Free 2007 tax preparation online If you are a minister, member of a religious order, or Christian Science practitioner, an approved exemption only applies to earnings you receive for ministerial services, discussed earlier. Free 2007 tax preparation online It does not apply to any other self-employment income. Free 2007 tax preparation online Table 2. Free 2007 tax preparation online The Self-Employment Tax Exemption Application and Approval Process   Who Can Apply Members of the Clergy Members of Recognized  Religious Sects How File Form 4361 File Form 4029 When File by the due date (including extensions) of your income tax return for the second tax year in which you had at least $400 of net earnings from self-employment (at least part from ministerial services) File anytime Approval If approved, you will receive an approved copy of Form 4361 If approved, you will receive an approved copy of Form 4029 Effective Date For all tax years after 1967 in which you have at least $400 of net earnings from self-employment For all tax years beginning with the first year you meet the eligibility requirements discussed later Members of the Clergy To claim the exemption from SE tax, you must meet all of the following conditions. Free 2007 tax preparation online You file Form 4361, described below under Requesting Exemption—Form 4361 . Free 2007 tax preparation online You are conscientiously opposed to public insurance because of your individual religious considerations (not because of your general conscience), or you are opposed because of the principles of your religious denomination. Free 2007 tax preparation online You file for other than economic reasons. Free 2007 tax preparation online You inform the ordaining, commissioning, or licensing body of your church or order that you are opposed to public insurance if you are a minister or a member of a religious order (other than a vow-of-poverty member). Free 2007 tax preparation online This requirement does not apply to Christian Science practitioners or readers. Free 2007 tax preparation online You establish that the organization that ordained, commissioned, or licensed you, or your religious order, is a tax-exempt religious organization. Free 2007 tax preparation online You establish that the organization is a church or a convention or association of churches. Free 2007 tax preparation online You did not make an election discussed earlier under Who cannot be exempt . Free 2007 tax preparation online You sign and return the statement the IRS mails to you to certify that you are requesting an exemption based on the grounds listed on the statement. Free 2007 tax preparation online Requesting Exemption—Form 4361 To request exemption from SE tax, file Form 4361 in triplicate (original and two copies) with the IRS. Free 2007 tax preparation online The IRS will return to you a copy of the Form 4361 that you filed indicating whether it has approved your exemption. Free 2007 tax preparation online If it is approved, keep the approved copy of Form 4361 in your permanent records. Free 2007 tax preparation online When to file. Free 2007 tax preparation online   File Form 4361 by the date your income tax return is due, including extensions, for the second tax year in which both of the following are true. Free 2007 tax preparation online You have net earnings from self-employment of at least $400. Free 2007 tax preparation online Any part of those net earnings was from ministerial services you performed as a: Minister, Member of a religious order, or Christian Science practitioner or reader. Free 2007 tax preparation online The 2 years do not have to be consecutive tax years. Free 2007 tax preparation online    The approval process can take some time, so you should file Form 4361 as soon as possible. Free 2007 tax preparation online Example 1. Free 2007 tax preparation online Rev. Free 2007 tax preparation online Lawrence Jaeger, a clergyman ordained in 2013, has net self-employment earnings as a minister of $450 in 2013 and $500 in 2014. Free 2007 tax preparation online He must file his application for exemption by the due date, including extensions, for his 2014 income tax return. Free 2007 tax preparation online However, if Rev. Free 2007 tax preparation online Jaeger does not receive IRS approval for an exemption by April 15, 2015, his SE tax for 2014 is due by that date. Free 2007 tax preparation online Example 2. Free 2007 tax preparation online Rev. Free 2007 tax preparation online Louise Wolfe has only $300 in net self-employment earnings as a minister in 2013, but earned more than $400 in 2012 and expects to earn more than $400 in 2014. Free 2007 tax preparation online She must file her application for exemption by the due date, including extensions, for her 2014 income tax return. Free 2007 tax preparation online However, if she does not receive IRS approval for an exemption by April 15, 2015, her SE tax for 2014 is due by that date. Free 2007 tax preparation online Example 3. Free 2007 tax preparation online In 2011, Rev. Free 2007 tax preparation online David Moss was ordained a minister and had $700 in net self-employment earnings as a minister. Free 2007 tax preparation online In 2012, he received $1,000 as a minister, but his related expenses were over $1,000. Free 2007 tax preparation online Therefore, he had no net self-employment earnings as a minister in 2012. Free 2007 tax preparation online Also in 2012, he opened a book store and had $8,000 in net self-employment earnings from the store. Free 2007 tax preparation online In 2013, he had net self-employment earnings of $1,500 as a minister and $10,000 net self-employment earnings from the store. Free 2007 tax preparation online Rev. Free 2007 tax preparation online Moss had net earnings from self-employment in 2011 and 2013 that were $400 or more each year, and part of the self-employment earnings in each of those years was for his services as a minister. Free 2007 tax preparation online Thus, he must file his application for exemption by the due date, including extensions, for his 2013 income tax return. Free 2007 tax preparation online Death of individual. Free 2007 tax preparation online   The right to file an application for exemption ends with an individual's death. Free 2007 tax preparation online A surviving spouse, executor, or administrator cannot file an exemption application for a deceased clergy member. Free 2007 tax preparation online Effective date of exemption. Free 2007 tax preparation online   An approved exemption is effective for all tax years after 1967 in which you have $400 or more of net earnings from self-employment and any part of those earnings is for services as a member of the clergy. Free 2007 tax preparation online Once the exemption is approved, it is irrevocable. Free 2007 tax preparation online Example. Free 2007 tax preparation online Rev. Free 2007 tax preparation online Trudy Austin, ordained in 2010, had $400 or more in net self-employment earnings as a minister in both 2010 and 2013. Free 2007 tax preparation online She files an application for exemption on February 20, 2014. Free 2007 tax preparation online If an exemption is granted, it is effective for 2010 and the following years. Free 2007 tax preparation online Refunds of SE tax. Free 2007 tax preparation online   If, after receiving an approved Form 4361, you find that you overpaid SE tax, you can file a claim for refund on Form 1040X. Free 2007 tax preparation online Generally, for a refund, you must file Form 1040X within 3 years from the date you filed the return or within 2 years from the date you paid the tax, whichever is later. Free 2007 tax preparation online A return you filed, or tax you paid, before the due date is considered to have been filed or paid on the due date. Free 2007 tax preparation online   If you file a claim after the 3-year period but within 2 years from the time you paid the tax, the credit or refund will not be more than the tax you paid within the 2 years immediately before you file the claim. Free 2007 tax preparation online Members of Recognized Religious Sects If you are a member of a recognized religious sect, or a division of a recognized religious sect, you can apply for an exemption from payment of social security and Medicare taxes on both your self-employment income and the wages you earn from an employer who also has an exemption. Free 2007 tax preparation online Exception. Free 2007 tax preparation online   If you received social security benefits or payments, or anyone else received these benefits or payments based on your wages or self-employment income, you cannot apply. Free 2007 tax preparation online However, if you pay your benefits back, you may be considered for exemption. Free 2007 tax preparation online Contact your local Social Security Administration office to find out the amount you must pay back. Free 2007 tax preparation online Eligibility requirements. Free 2007 tax preparation online   To claim this exemption from SE tax, all the following requirements must be met. Free 2007 tax preparation online You must file Form 4029, discussed later under Requesting Exemption—Form 4029 . Free 2007 tax preparation online As a follower of the established teachings of the sect or division, you must be conscientiously opposed to accepting benefits of any private or public insurance that makes payments for death, disability, old age, retirement, or medical care, or provides services for medical care. Free 2007 tax preparation online You must waive all rights to receive any social security payment or benefit and agree that no benefits or payments will be made to anyone else based on your wages and self-employment income. Free 2007 tax preparation online The Commissioner of Social Security must determine that: Your sect or division has the established teachings as described in (2) above, It is the practice, and has been for a substantial period of time, for members of the sect or division to provide for their dependent members in a manner that is reasonable in view of the members' general level of living, and The sect or division has existed at all times since December 31, 1950. Free 2007 tax preparation online Requesting Exemption—Form 4029 To request the exemption, file Form 4029 in triplicate (original and two copies) with the Social Security Administration at the address shown on the form. Free 2007 tax preparation online The sect or division must complete part of the form. Free 2007 tax preparation online The IRS will return to you a copy of the Form 4029 that you filed indicating whether it has approved your exemption. Free 2007 tax preparation online If it is approved, keep the approved copy of Form 4029 in your permanent records. Free 2007 tax preparation online When to file. Free 2007 tax preparation online   You can file Form 4029 at any time. Free 2007 tax preparation online   If you have an approved exemption from SE tax and for some reason that approved exemption ended, you must file a new Form 4029 if you subsequently meet the eligibility requirements, discussed earlier. Free 2007 tax preparation online See Effective date of exemption next for information on when the newly approved exemption would become effective. Free 2007 tax preparation online    If you have a previously approved exemption from SE tax and you change membership to another recognized religious sect, without any change to your eligibility requirements, then you do not need to file a new Form 4029. Free 2007 tax preparation online Effective date of exemption. Free 2007 tax preparation online   An approved exemption from SE tax generally is effective for all tax years beginning with the first year you meet the eligibility requirements discussed earlier. Free 2007 tax preparation online (For example, if you meet the eligibility requirements in 2011, you file Form 4029 in 2012, and the IRS approves your exemption in 2013, your exemption is effective for tax year 2011 and all later years. Free 2007 tax preparation online )   The exemption will end if you fail to meet the eligibility requirements or if the Commissioner of Social Security determines that the sect or division fails to meet them. Free 2007 tax preparation online You must notify the IRS within 60 days if you are no longer a member of the religious group, or if you no longer follow the established teachings of this group. Free 2007 tax preparation online The exemption will end for the tax year where you or your sect/division first fails to meet the eligibility requirements. Free 2007 tax preparation online Refunds of SE tax paid. Free 2007 tax preparation online    To get a refund of any SE tax you paid while the exemption was in effect, file Form 1040X. Free 2007 tax preparation online For information on filing this form, see Refunds of SE tax under Requesting Exemption—Form 4361, earlier. Free 2007 tax preparation online Exemption From FICA Taxes Generally, under FICA, the employer and the employee each pay half of the social security and Medicare tax. Free 2007 tax preparation online Both the employee and the employer, if they meet the eligibility requirements discussed earlier, can apply to be exempt from their share of FICA taxes on wages paid by the employer to the employee. Free 2007 tax preparation online A partnership in which each partner holds a religious exemption from social security and Medicare is an employer for this purpose. Free 2007 tax preparation online If the employer's application is approved, the exemption will apply only to FICA taxes on wages paid to employees who also received an approval of identical applications. Free 2007 tax preparation online Information for employers. Free 2007 tax preparation online   If you have an approved Form 4029 and you have an employee who has an approved Form 4029, do not report wages you paid to the employee as social security and Medicare wages. Free 2007 tax preparation online   If you have an employee who does not have an approved Form 4029, you must withhold the employee's share of social security and Medicare taxes and pay the employer's share. Free 2007 tax preparation online Form W-2. Free 2007 tax preparation online   When preparing a Form W-2 for an employee with an approved Form 4029, enter “Form 4029” in box 14, “Other. Free 2007 tax preparation online ” Do not make any entries in boxes 3, 4, 5, or 6. Free 2007 tax preparation online Forms 941, 943, and 944. Free 2007 tax preparation online   If both you and your employee have received approved Forms 4029, do not include these exempt wages on the following forms. Free 2007 tax preparation online Instead, follow the instructions given below. Free 2007 tax preparation online Form 941, Employer's QUARTERLY Federal Tax Return: check the box on line 4 and enter “Form 4029” in the empty space below the check box. Free 2007 tax preparation online Form 943, Employer's Annual Federal Tax Return for Agricultural Employees: enter “Form 4029” on the dotted line next to the lines 2 and 4 entry spaces. Free 2007 tax preparation online Form 944, Employer's ANNUAL Federal Tax Return: check the box on line 3 and enter “Form 4029” in the empty space below the check box. Free 2007 tax preparation online Effective date. Free 2007 tax preparation online   An approved exemption from FICA becomes effective on the first day of the first calendar quarter after the quarter in which you file Form 4029. Free 2007 tax preparation online The exemption will end on the last day of the calendar quarter before the quarter in which the employer, employee, sect, or division fails to meet the requirements. Free 2007 tax preparation online Self-Employment Tax: Figuring Net Earnings There are two methods for figuring your net earnings from self-employment as a member of the clergy or a religious worker. Free 2007 tax preparation online Regular method. Free 2007 tax preparation online Nonfarm optional method. Free 2007 tax preparation online You may find Worksheets 1 through 4 helpful in figuring your net earnings from self-employment. Free 2007 tax preparation online Blank worksheets are in the back of this publication, after the Comprehensive Example. Free 2007 tax preparation online Regular Method Most people use the regular method. Free 2007 tax preparation online Under this method, figure your net earnings from self-employment by totaling your gross income for services you performed as a minister, a member of a religious order who has not taken a vow of poverty, or a Christian Science practitioner or reader. Free 2007 tax preparation online Then, subtract your allowable business deductions and multiply the difference by 92. Free 2007 tax preparation online 35% (. Free 2007 tax preparation online 9235). Free 2007 tax preparation online Use Schedule SE (Form 1040) to figure your net earnings and SE tax. Free 2007 tax preparation online If you are an employee of a church that elected to exclude you from FICA coverage, figure net earnings by multiplying your church wages shown on Form W-2 by 92. Free 2007 tax preparation online 35% (. Free 2007 tax preparation online 9235). Free 2007 tax preparation online Do not reduce your wages by any business deductions when making this computation. Free 2007 tax preparation online Use Schedule SE (Form 1040), Section B, to figure your net earnings and SE tax. Free 2007 tax preparation online If you have an approved exemption, or you are automatically exempt, do not include the income or deductions from ministerial services in figuring your net earnings from self-employment. Free 2007 tax preparation online Amounts included in gross income. Free 2007 tax preparation online   To figure your net earnings from self-employment (on Schedule SE (Form 1040)), include in gross income: Salaries and fees for your ministerial services (discussed earlier), Offerings you receive for marriages, baptisms, funerals, masses, etc. Free 2007 tax preparation online , The value of meals and lodging provided to you, your spouse, and your dependents for your employer's convenience, The fair rental value of a parsonage provided to you (including the cost of utilities that are furnished) and the rental allowance (including an amount for payment of utilities) paid to you, and Any amount a church pays toward your income tax or SE tax, other than withholding the amount from your salary. Free 2007 tax preparation online This amount is also subject to income tax. Free 2007 tax preparation online   For the income tax treatment of items (2) and (4), see Income Tax: Income and Expenses , later. Free 2007 tax preparation online Example. Free 2007 tax preparation online Pastor Roger Adams receives an annual salary of $39,000 as a full-time minister. Free 2007 tax preparation online The $39,000 includes $5,000 that is designated as a rental allowance to pay utilities. Free 2007 tax preparation online His church owns a parsonage that has a fair rental value of $12,000 per year. Free 2007 tax preparation online The church gives Pastor Adams the use of the parsonage. Free 2007 tax preparation online He is not exempt from SE tax. Free 2007 tax preparation online He must include $51,000 ($39,000 plus $12,000) when figuring his net earnings for SE tax purposes. Free 2007 tax preparation online The results would be the same if, instead of the use of the parsonage and receipt of the rental allowance for utilities, Pastor Adams had received an annual salary of $51,000 of which $17,000 ($5,000 plus $12,000) per year was designated as a rental allowance. Free 2007 tax preparation online Overseas duty. Free 2007 tax preparation online   Your net earnings from self-employment are determined without any foreign earned income exclusion or the foreign housing exclusion or deduction if you are a U. Free 2007 tax preparation online S. Free 2007 tax preparation online citizen or resident alien serving abroad and living in a foreign country. Free 2007 tax preparation online   For information on excluding foreign earned income or the foreign housing amount, see Publication 54. Free 2007 tax preparation online Example. Free 2007 tax preparation online Diane Jones was the minister of a U. Free 2007 tax preparation online S. Free 2007 tax preparation online church in Mexico. Free 2007 tax preparation online She earned $35,000 in that position and was able to exclude it all for income tax purposes under the foreign earned income exclusion. Free 2007 tax preparation online The United States does not have a social security agreement with Mexico, so Mrs. Free 2007 tax preparation online Jones is subject to U. Free 2007 tax preparation online S. Free 2007 tax preparation online SE tax and must include $35,000 when figuring net earnings from self-employment. Free 2007 tax preparation online Specified U. Free 2007 tax preparation online S. Free 2007 tax preparation online possessions. Free 2007 tax preparation online    The exclusion from gross income for amounts derived from American Samoa or Puerto Rico does not apply in computing net earnings from self-employment. Free 2007 tax preparation online Also see Residents of Puerto Rico, the U. Free 2007 tax preparation online S. Free 2007 tax preparation online Virgin Islands, Guam, the CNMI, and American Samoa , earlier, under U. Free 2007 tax preparation online S. Free 2007 tax preparation online Citizens and Resident and Nonresident Aliens. Free 2007 tax preparation online Amounts not included in gross income. Free 2007 tax preparation online   Do not include the following amounts in gross income when figuring your net earnings from self-employment. Free 2007 tax preparation online Offerings that others made to the church. Free 2007 tax preparation online Contributions by your church to a tax-sheltered annuity plan set up for you, including any salary reduction contributions (elective deferrals) that are not included in your gross income. Free 2007 tax preparation online Pension payments or retirement allowances you receive for your past ministerial services. Free 2007 tax preparation online The rental value of a parsonage or a parsonage allowance provided to you after you retire. Free 2007 tax preparation online Allowable deductions. Free 2007 tax preparation online   When figuring your net earnings from self-employment, deduct all your expenses related to your ministerial services performed as a self-employed person. Free 2007 tax preparation online These are ministerial expenses you incurred while working other than as a common-law employee of the church. Free 2007 tax preparation online They include expenses incurred in performing marriages and baptisms, and in delivering speeches. Free 2007 tax preparation online Deduct these expenses on Schedule C or C-EZ (Form 1040), and carry the net amount to line 2 of Schedule SE (Form 1040), Section A or B. Free 2007 tax preparation online   Wages earned as a common-law employee (explained earlier) of a church are generally subject to self-employment tax unless an exemption is requested, as discussed earlier under Exemption From Self-Employment (SE) Tax . Free 2007 tax preparation online Subtract any allowable expenses (including unreimbursed employee business expenses) from those wages, include the net amount on line 2 of Schedule SE (Form 1040), Section A or B, and attach an explanation. Free 2007 tax preparation online Do not complete Schedule C or C-EZ (Form 1040). Free 2007 tax preparation online However, for income tax purposes, the expenses are allowed only as an itemized deduction on Schedule A (Form 1040) to the extent they exceed 2% of adjusted gross income. Free 2007 tax preparation online Employee reimbursement arrangements. Free 2007 tax preparation online   If you received an advance, allowance, or reimbursement for your employee expenses, how you report this amount and your employee expenses depends on whether your employer reimbursed you under an accountable plan or a nonaccountable plan. Free 2007 tax preparation online Ask your employer if you are not sure if it reimburses you using an accountable or a nonaccountable plan. Free 2007 tax preparation online Accountable plans. Free 2007 tax preparation online   To be an accountable plan, your employer's reimbursement arrangement must include all three of the following rules. Free 2007 tax preparation online Your expenses must have a business connection—that is, you must have paid or incurred deductible expenses while performing services as an employee of your employer. Free 2007 tax preparation online You must adequately account to your employer for these expenses within a reasonable period of time. Free 2007 tax preparation online You must return any excess reimbursement or allowance within a reasonable period of time. Free 2007 tax preparation online   The reimbursement is not reported on your Form W-2. Free 2007 tax preparation online Generally, if your expenses equal your reimbursement, you have no deduction. Free 2007 tax preparation online If your expenses are more than your reimbursement, you can deduct your excess expenses for SE tax and income tax purposes. Free 2007 tax preparation online Nonaccountable plan. Free 2007 tax preparation online   A nonaccountable plan is a reimbursement arrangement that does not meet all three of the rules listed under Accountable plans above. Free 2007 tax preparation online In addition, even if your employer has an accountable plan, the following payments will be treated as being paid under a nonaccountable plan. Free 2007 tax preparation online Excess reimbursements you fail to return to your employer. Free 2007 tax preparation online Reimbursement of nondeductible expenses related to your employer's business. Free 2007 tax preparation online   Your employer will combine any reimbursement paid to you under a nonaccountable plan with your wages, salary, or other compensation and report the combined total in box 1 of your Form W-2. Free 2007 tax preparation online Since reimbursements under a nonaccountable plan are included in your gross income, you can deduct your related expenses (for SE tax and income tax purposes) regardless of whether they are more than, less than, or equal to your reimbursement. Free 2007 tax preparation online   For more information on accountable and nonaccountable plans, see Publication 463, Travel, Entertainment, Gift, and Car Expenses. Free 2007 tax preparation online Married Couple Missionary Team If both spouses are duly ordained, commissioned, or licensed ministers of a church and have an agreement that each will perform specific services for which they are paid jointly or separately, they must divide the self-employment income according to the agreement. Free 2007 tax preparation online If the agreement is with one spouse only and the other spouse is not paid for any specific duties, amounts received for their services are included only in the self-employment income of the spouse having the agreement. Free 2007 tax preparation online Earnings Subject to SE Tax For 2013, the maximum net earnings from self-employment subject to social security (old age, survivors, and disability insurance) tax is $113,700 minus any wages and tips you earned that were subject to social security tax. Free 2007 tax preparation online The tax rate for the social security part is 12. Free 2007 tax preparation online 4%. Free 2007 tax preparation online In addition, all of your net earnings are subject to the Medicare (hospital insurance) part of the SE tax. Free 2007 tax preparation online This tax rate is 2. Free 2007 tax preparation online 9%. Free 2007 tax preparation online The combined self-employment tax rate is 15. Free 2007 tax preparation online 3%. Free 2007 tax preparation online Additional Medicare Tax. Free 2007 tax preparation online   Beginning in 2013, a 0. Free 2007 tax preparation online 9% Additional Medicare Tax applies to Medicare wages, railroad retirement (RRTA) compensation, and self-employment income that are more than: $125,000 if married filing separately, $250,000 if married filing jointly, or $200,000 for any other filing status. Free 2007 tax preparation online Medicare wages and self-employment income are combined to determine if income exceeds the threshold. Free 2007 tax preparation online A self-employment loss is not considered for purposes of this tax. Free 2007 tax preparation online RRTA compensation is separately compared to the threshold. Free 2007 tax preparation online For more information, see Form 8959, Additional Medicare Tax, and its separate instructions. Free 2007 tax preparation online Nonfarm Optional Method You may be able to use the nonfarm optional method for figuring your net earnings from self-employment. Free 2007 tax preparation online In general, the nonfarm optional method is intended to permit continued coverage for social security and Medicare purposes when your income for the tax year is low. Free 2007 tax preparation online You may use the nonfarm optional method if you meet all the following tests. Free 2007 tax preparation online You are self-employed on a regular basis. Free 2007 tax preparation online You meet this test if your actual net earnings from self-employment were $400 or more in at least 2 of the 3 tax years before the one for which you use this method. Free 2007 tax preparation online The net earnings can be from either farm or nonfarm earnings or both. Free 2007 tax preparation online You have used this method less than 5 prior years. Free 2007 tax preparation online (There is a 5-year lifetime limit. Free 2007 tax preparation online ) The years do not have to be consecutive. Free 2007 tax preparation online Your net nonfarm profits were: Less than $5,024, and Less than 72. Free 2007 tax preparation online 189% of your gross nonfarm income. Free 2007 tax preparation online If you meet all three tests, use Table 3 to figure your net earnings from self-employment under the nonfarm optional method. Free 2007 tax preparation online Table 3. Free 2007 tax preparation online Figuring Nonfarm Net Earnings IF your gross nonfarm income is . Free 2007 tax preparation online . Free 2007 tax preparation online . Free 2007 tax preparation online THEN your net earnings are equal to . Free 2007 tax preparation online . Free 2007 tax preparation online . Free 2007 tax preparation online $6,960 or less Two-thirds of your gross nonfarm income. Free 2007 tax preparation online More than $6,960 $4,640. Free 2007 tax preparation online Actual net earnings. Free 2007 tax preparation online   Multiply your total earnings subject to SE tax by 92. Free 2007 tax preparation online 35% (. Free 2007 tax preparation online 9235) to get actual net earnings. Free 2007 tax preparation online Actual net earnings are equivalent to net earnings under the “Regular Method. Free 2007 tax preparation online ” More information. Free 2007 tax preparation online   For more information on the nonfarm optional method, see Publication 334, Tax Guide for Small Business, and the Schedule SE (Form 1040) instructions. Free 2007 tax preparation online Income Tax: Income and Expenses Some income and expense items are treated the same for both income tax and SE tax purposes and some are treated differently. Free 2007 tax preparation online Note. Free 2007 tax preparation online For purposes of this section, references to members of the clergy are only to ministers or members of a religious order. Free 2007 tax preparation online Income Items The tax treatment of offerings and fees, outside earnings, rental allowances, rental value of a parsonage, earnings of members of religious orders, and foreign earned income is discussed here. Free 2007 tax preparation online Offerings and Fees If you are a member of the clergy, you must include in your income offerings and fees you receive for marriages, baptisms, funerals, masses, etc. Free 2007 tax preparation online , in addition to your salary. Free 2007 tax preparation online If the offering is made to the religious institution, it is not taxable to you. Free 2007 tax preparation online Outside Earnings If you are a member of a religious organization and you give your outside earnings to the organization, you still must include the earnings in your income. Free 2007 tax preparation online However, you may be entitled to a charitable contribution deduction for the amount paid to the organization. Free 2007 tax preparation online For more information, see Publication 526. Free 2007 tax preparation online Exclusion of Rental Allowance and Fair Rental Value of a Parsonage Ordained, commissioned, or licensed ministers of the gospel may be able to exclude from income tax the rental allowance or fair rental value of a parsonage that is provided to them as pay for their services. Free 2007 tax preparation online Services include: Ministerial services, discussed earlier, Administrative duties and teaching at theological seminaries, and The ordinary duties of a minister performed as an employee of the United States (other than as a chaplain in the Armed Forces), a state, possession, political subdivision, or the District of Columbia. Free 2007 tax preparation online This exclusion applies only for income tax purposes. Free 2007 tax preparation online It does not apply for SE tax purposes, as discussed earlier under Amounts included in gross income under Self-Employment Tax: Figuring Net Earnings. Free 2007 tax preparation online Designation requirement. Free 2007 tax preparation online   The church or organization that employs you must officially designate the payment as a housing allowance before it makes the payment. Free 2007 tax preparation online It must designate a definite amount. Free 2007 tax preparation online It cannot determine the amount of the housing allowance at a later date. Free 2007 tax preparation online If the church or organization does not officially designate a definite amount as a housing allowance, you must include your total salary in your income. Free 2007 tax preparation online   If you are employed and paid by a local congregation, a resolution by a national church agency of your denomination does not effectively designate a housing allowance for you. Free 2007 tax preparation online The local congregation must officially designate the part of your salary that is a housing allowance. Free 2007 tax preparation online However, a resolution of a national church agency can designate your housing allowance if you are directly employed by the national agency. Free 2007 tax preparation online Rental allowances. Free 2007 tax preparation online   If you receive in your salary an amount officially designated as a rental allowance (including an amount to pay utility costs), you can exclude the allowance from your gross income if: You use the amount to provide or rent a home, and The amount is not more than reasonable pay for your services. Free 2007 tax preparation online   The amount you exclude cannot be more than the fair rental value of the home, including furnishings, plus the cost of utilities. Free 2007 tax preparation online Fair rental value of parsonage. Free 2007 tax preparation online   You can exclude from gross income the fair rental value of a house or parsonage, including utilities, furnished to you as part of your earnings. Free 2007 tax preparation online However, the exclusion cannot be more than the reasonable pay for your services. Free 2007 tax preparation online If you pay for the utilities, you can exclude any allowance designated for utility costs, up to your actual cost. Free 2007 tax preparation online Example. Free 2007 tax preparation online Rev. Free 2007 tax preparation online Joanna Baker is a full-time minister. Free 2007 tax preparation online The church allows her to use a parsonage that has an annual fair rental value of $24,000. Free 2007 tax preparation online The church pays her an annual salary of $67,000, of which $7,500 is designated for utility costs. Free 2007 tax preparation online Her actual utility costs during the year were $7,000. Free 2007 tax preparation online For income tax purposes, Rev. Free 2007 tax preparation online Baker excludes $31,000 from gross income ($24,000 fair rental value of the parsonage plus $7,000 from the allowance for utility costs). Free 2007 tax preparation online She will report $60,000 ($59,500 salary plus $500 of unused utility allowance). Free 2007 tax preparation online Her income for SE tax purposes, however, is $91,000 ($67,000 salary + $24,000 fair rental value of the parsonage). Free 2007 tax preparation online Home ownership. Free 2007 tax preparation online   If you own your home and you receive as part of your salary a housing or rental allowance, you may exclude from gross income the smallest of: The amount actually used to provide a home, The amount officially designated as a rental allowance, or The fair rental value of the home, including furnishings, utilities, garage, etc. Free 2007 tax preparation online Excess rental allowance. Free 2007 tax preparation online   You must include in gross income the amount of any rental allowance that is more than the smallest of: Your reasonable salary, The fair rental value of the home plus utilities, or The amount actually used to provide a home. Free 2007 tax preparation online   Include in the total on Form 1040, line 7. Free 2007 tax preparation online On the dotted line next to line 7, enter “Excess allowance” and the amount. Free 2007 tax preparation online You may deduct the home mortgage interest and real estate taxes paid on your home even though you pay all or part of those expenses with funds you get through a tax-free rental or parsonage allowance. Free 2007 tax preparation online However, you can only deduct these expenses as itemized deductions on Schedule A (Form 1040). Free 2007 tax preparation online Retired ministers. Free 2007 tax preparation online   If you are a retired minister, you can exclude from your gross income the rental value of a home (plus utilities) furnished to you by your church as a part of your pay for past services, or the part of your pension that was designated as a rental allowance. Free 2007 tax preparation online However, a minister's surviving spouse cannot exclude the rental value unless the rental value is for ministerial services he or she performs or performed. Free 2007 tax preparation online Teachers or administrators. Free 2007 tax preparation online   If you are a minister employed as a teacher or administrator by a church school, college, or university, you are performing ministerial services for purposes of the housing exclusion. Free 2007 tax preparation online However, if you perform services as a teacher or administrator on the faculty of a nonchurch college, you cannot exclude from your income a housing allowance or the value of a home that the college provides to you. Free 2007 tax preparation online    If you live in faculty lodging as an employee of an educational institution or academic health center, all or part of the value of that lodging may be nontaxable under a different rule. Free 2007 tax preparation online In Publication 525, see Faculty lodging in the discussion on meals and lodging under Fringe Benefits. Free 2007 tax preparation online   If you serve as a minister of music or minister of education, or serve in an administrative or other function of your religious organization, but are not authorized to perform substantially all of the religious duties of an ordained minister in your church (even if you are commissioned as a minister of the gospel), the housing exclusion does not apply to you. Free 2007 tax preparation online Theological students. Free 2007 tax preparation online   If you are a theological student serving a required internship as a part-time or assistant pastor, you cannot exclude a parsonage or rental allowance from your income unless you are ordained, commissioned, or licensed as a minister. Free 2007 tax preparation online Traveling evangelists. Free 2007 tax preparation online   You can exclude a designated rental allowance from out-of-town churches if you meet all of the following requirements. Free 2007 tax preparation online You are an ordained minister. Free 2007 tax preparation online You perform ministerial services at churches located away from your community. Free 2007 tax preparation online You actually use the rental allowance to maintain your permanent home. Free 2007 tax preparation online Cantors. Free 2007 tax preparation online   If you have a bona fide commission and your congregation employs you on a full-time basis to perform substantially all the religious functions of the Jewish faith, you can exclude a rental allowance from your gross income. Free 2007 tax preparation online Earnings—Members of Religious Orders Your earnings may be exempt from both income tax and SE tax if you are a member of a religious order who: Has taken a vow of poverty, Receives earnings for services performed as an agent of the order and in the exercise of duties required by the order, and Renounces the earnings and gives them to the order. Free 2007 tax preparation online See Members of Religious Orders , earlier, under Social Security Coverage. Free 2007 tax preparation online Foreign Earned Income Certain income may be exempt from income tax if you work in a foreign country or in a specified U. Free 2007 tax preparation online S. Free 2007 tax preparation online possession. Free 2007 tax preparation online Publication 54 discusses the foreign earned income exclusion. Free 2007 tax preparation online Publication 570, Tax Guide for Individuals With Income From U. Free 2007 tax preparation online S. Free 2007 tax preparation online Possessions, covers the rules for taxpayers with income from U. Free 2007 tax preparation online S. Free 2007 tax preparation online possessions. Free 2007 tax preparation online You can get these free publications from the Internal Revenue Service at IRS. Free 2007 tax preparation online gov or from most U. Free 2007 tax preparation online S. Free 2007 tax preparation online Embassies or consulates. Free 2007 tax preparation online Expense Items The tax treatment of ministerial trade or business expenses, expenses allocable to tax-free income, and health insurance costs is discussed here. Free 2007 tax preparation online Ministerial Trade or Business Expenses as an Employee When you figure your income tax, you must itemize your deductions on Schedule A (Form 1040) to claim allowable deductions for ministerial trade or business expenses incurred while working as an employee. Free 2007 tax preparation online You also may have to file Form 2106, Employee Business Expenses (or Form 2106-EZ, Unreimbursed Employee Business Expenses). Free 2007 tax preparation online You claim these expenses as miscellaneous itemized deductions that are subject to the 2%-of-adjusted-gross-income (AGI) limit. Free 2007 tax preparation online See Publication 529 for more information on this limit. Free 2007 tax preparation online However, you cannot deduct any of your employee business expenses that are allocable to tax-free income (discussed next). Free 2007 tax preparation online Expenses Allocable to Tax-Free Income If you receive a rental or parsonage allowance that is exempt from income tax (tax free), you must allocate a portion of the expenses of operating your ministry to that tax-free income. Free 2007 tax preparation online You cannot deduct the portion of your expenses that you allocate to your tax-free rental or parsonage allowance. Free 2007 tax preparation online Exception. Free 2007 tax preparation online   This rule does not apply to your deductions for home mortgage interest or real estate taxes on your home. Free 2007 tax preparation online Figuring the allocation. Free 2007 tax preparation online   Figure the portion of your otherwise deductible expenses that you cannot deduct (because you must allocate that portion to tax-free income) by multiplying the expenses by the following fraction:      Tax-free rental or parsonage allowance     All income (taxable and tax free) earned from your ministry           When figuring the allocation, include the income and expenses related to the ministerial duties you perform both as an employee and as a self-employed person. Free 2007 tax preparation online    Reduce your otherwise deductible expenses only in figuring your income tax, not your SE tax. Free 2007 tax preparation online Example. Free 2007 tax preparation online Rev. Free 2007 tax preparation online Charles Ashford received $40,000 in earnings for ministerial services consisting of a $28,000 salary for ministerial services performed as an employee, $2,000 for weddings and baptisms performed as a self-employed person, and a $10,000 tax-free parsonage allowance. Free 2007 tax preparation online He incurred $4,000 of unreimbursed expenses connected with his earnings for ministerial services. Free 2007 tax preparation online $3,500 of the $4,000 is for employee expenses related to his ministerial salary, and $500 is related to the weddings and baptisms he performed as a self-employed person. Free 2007 tax preparation online Rev. Free 2007 tax preparation online Ashford figures the nondeductible (tax-free) portion of expenses related to his ministerial salary as follows: ($10,000 ÷ $40,000) x $3,500 = $875   Rev. Free 2007 tax preparation online Ashford figures the nondeductible (tax-free) portion of expenses related to his wedding and baptism income as follows: ($10,000 ÷ $40,000) x $500 = $125 Required statement. Free 2007 tax preparation online   If you receive a tax-free rental or parsonage allowance and have ministerial expenses, attach a statement to your tax return. Free 2007 tax preparation online The statement must contain all of the following information. Free 2007 tax preparation online A list of each item of taxable ministerial income by source (such as wages, salary, weddings, baptisms, etc. Free 2007 tax preparation online ) plus the amount. Free 2007 tax preparation online A list of each item of tax-free ministerial income by source (parsonage allowance) plus the amount. Free 2007 tax preparation online A list of each item of otherwise deductible ministerial expenses plus the amount. Free 2007 tax preparation online How you figured the nondeductible part of your otherwise deductible expenses. Free 2007 tax preparation online A statement that the other deductions claimed on your tax return are not allocable to your tax-free income. Free 2007 tax preparation online   See the attachments prepared for the Comprehensive Example , later. Free 2007 tax preparation online Following the example, you will find blank worksheets for your own use. Free 2007 tax preparation online Health Insurance Costs of Self-Employed Ministers If you are self-employed, you may be able to deduct the amount you paid in 2013 for medical and dental insurance and qualified long-term care insurance for you, your spouse, and your dependents. Free 2007 tax preparation online If you qualify, you can take this deduction as an adjustment to income on Form 1040, line 29. Free 2007 tax preparation online See the Instructions for Form 1040 to figure your deduction. Free 2007 tax preparation online The following special rules apply to the self-employed health insurance deduction. Free 2007 tax preparation online You cannot take a medical expense deduction on Schedule A (Form 1040) for any expenses you claim for purposes of the self-employed health insurance deduction. Free 2007 tax preparation online You cannot take the deduction for any month you are eligible to participate in a subsidized plan of your (or your spouse's) employer. Free 2007 tax preparation online The deduction cannot exceed your net earnings from the business under which the insurance plan is established. Free 2007 tax preparation online Your net earnings under this rule do not include the income you earned as a common-law employee (discussed earlier) of a church. Free 2007 tax preparation online More information. Free 2007 tax preparation online   For more information about the self-employed health insurance deduction, see chapter 6 in Publication 535. Free 2007 tax preparation online Deduction for SE Tax You can deduct one-half of your SE tax in figuring adjusted gross income. Free 2007 tax preparation online This is an income tax deduction only, on Form 1040, line 27. Free 2007 tax preparation online Do not claim this deduction in figuring net earnings from self-employment subject to SE tax. Free 2007 tax preparation online Income Tax Withholding and Estimated Tax The federal income tax is a pay-as-you-go tax. Free 2007 tax preparation online You must pay the tax as you earn or receive income during the year. Free 2007 tax preparation online An employee usually has income tax withheld from his or her wages or salary. Free 2007 tax preparation online However, your salary is not subject to federal income tax withholding if both of the following conditions apply. Free 2007 tax preparation online You are a duly ordained, commissioned, or licensed minister, a member of a religious order (who has not taken a vow of poverty), or a Christian Science practitioner or reader. Free 2007 tax preparation online Your salary is for ministerial services (see Ministerial Services , earlier). Free 2007 tax preparation online If your salary is not subject to withholding, or if you do not pay enough tax through withholding, you may need to make estimated tax payments to avoid penalties for not paying enough tax as you earn your income. Free 2007 tax preparation online You generally must make estimated tax payments if you expect to owe taxes, including SE tax, of $1,000 or more, when you file your return. Free 2007 tax preparation online Determine your estimated tax by using the worksheets in Publication 505, Tax Withholding and Estimated Tax. Free 2007 tax preparation online Pay the entire estimated tax for 2014 or the first installment by April 15, 2014. Free 2007 tax preparation online See Form 1040-ES for the different payment methods. Free 2007 tax preparation online The April 15 date applies whether or not your tax home and your abode are outside the United States and Puerto Rico. Free 2007 tax preparation online For more information, see chapter 2 of Publication 505. Free 2007 tax preparation online If you perform your services as a common-law employee of the church and your salary is not subject to income tax withholding, you can enter into a voluntary withholding agreement with the church to cover any income and SE tax that may be due. Free 2007 tax preparation online Filing Your Return You must file an income tax return for 2013 if your gross income was at least the amount shown in the third column of Table 4 above. Free 2007 tax preparation online Table 4. Free 2007 tax preparation online 2013 Filing Requirements for Most Taxpayers IF your filing status is . Free 2007 tax preparation online . Free 2007 tax preparation online . Free 2007 tax preparation online AND at the end of 2013 you were* . Free 2007 tax preparation online . Free 2007 tax preparation online . Free 2007 tax preparation online THEN file a return if your gross income** was at least . Free 2007 tax preparation online . Free 2007 tax preparation online . Free 2007 tax preparation online single under age 65 65 or older   $10,000 $11,500   married filing jointly*** under 65 (both spouses) 65 or older (one spouse) 65 or older (both spouses)   $20,000  $21,200  $22,400   married filing separately any age   $3,900   head of household under 65 65 or older   $12,850 $14,350   qualifying widow(er) with dependent child under 65 65 or older   $16,100  $17,300   * If you were born on January 1, 1949, you are considered to be age 65 at the end of 2013. Free 2007 tax preparation online ** Gross income means all income you received in the form of money, goods, property, and services that is not exempt from tax, including any income from sources outside the United States or from the sale of your main home (even if you can exclude part or all of it). Free 2007 tax preparation online Do not include any social security benefits unless (a) you are married filing a separate return and you lived with your spouse at any time in 2013, or (b) one-half of your social security benefits plus your other gross income and any tax-exempt interest is more than $25,000 ($32,000 if married filing jointly). Free 2007 tax preparation online If (a) or (b) applies, see the instructions for Form 1040, lines 20a and 20b, to figure the taxable part of social security benefits you must include in gross income. Free 2007 tax preparation online Gross income includes gains, but not losses, reported on Form 8949 or Schedule D (Form 1040). Free 2007 tax preparation online Gross income from a business means, for example, the amount on Schedule C (Form 1040), line 7, or Schedule F (Form 1040), line 9. Free 2007 tax preparation online But, in figuring gross income, do not reduce your income by any losses, including any loss on Schedule C (Form 1040), line 7, or Schedule F (Form 1040), line 9. Free 2007 tax preparation online *** If you did not live with your spouse at the end of 2013 (or on the date your spouse died) and your gross income was at least $3,900, you must file a return regardless of your age. Free 2007 tax preparation online Additional requirements. Free 2007 tax preparation online   Even if your income was less than the amount shown in Table 4, you must file an income tax return on Form 1040, and attach a completed Schedule SE (Form 1040), if:    You are not exempt from SE tax, and you have net earnings from self-employment (discussed earlier under Self-Employment Tax: Figuring Net Earnings ) of $400 or more in the tax year, You are exempt from SE tax on earnings from ministerial services and you have $400 or more of other net earnings subject to SE tax, or You had wages of $108. Free 2007 tax preparation online 28 or more from an electing church or church-controlled organization (see Coverage of Religious Workers (Church Employees) , earlier, under Social Security Coverage). Free 2007 tax preparation online Self-employment tax. Free 2007 tax preparation online   If you are liable for SE tax, you must file Schedule SE (Form 1040) with your return. Free 2007 tax preparation online   If you filed Form 4361 and did not receive approval from the IRS, you must pay SE tax on your ministerial earnings, as explained earlier. Free 2007 tax preparation online You should report ministerial earnings and expenses from nonemployee ministerial services on Schedule C or C-EZ (Form 1040). Free 2007 tax preparation online You should then carry the net amount over to line 2 of Schedule SE (Form 1040), Section A or B. Free 2007 tax preparation online However, if you were a duly ordained minister who was an employee of a church and you must pay SE tax on the wages you earned for those services, do not report those wages on Schedule C or C-EZ (Form 1040). Free 2007 tax preparation online Instead, report those wages less any allowable expenses (including any unreimbursed employee business expenses), on line 2 of Schedule SE (Form 1040), Section A or B, and attach an explanation. Free 2007 tax preparation online Note. Free 2007 tax preparation online For income tax purposes, the unreimbursed employee business expenses that you incurred as an employee of the church and subtracted from your wages on line 2 of Schedule SE (Form 1040) are allowed only as an itemized deduction on Schedule A (Form 1040) if they exceed 2% of your adjusted gross income. Free 2007 tax preparation online You cannot deduct these expenses on Schedule C or C-EZ (Form 1040) as a trade or business expense. Free 2007 tax preparation online Exemption from SE tax. Free 2007 tax preparation online   If you filed Form 4361 and received IRS approval not to be taxed on your ministerial earnings, and you do not have any other income subject to SE tax, do not file Schedule SE (Form 1040). Free 2007 tax preparation online Instead, enter “Exempt—Form 4361” on the dotted line next to Form 1040, line 56. Free 2007 tax preparation online However, if you had net earnings from another trade or business of $400 or more subject to SE tax, see line A at the top of Schedule SE (Form 1040), Section B. Free 2007 tax preparation online    If you filed Form 4029 and received IRS approval not to be taxed on those earnings, and you do not have any other income subject to SE tax, do not file Schedule SE (Form 1040). Free 2007 tax preparation online Instead, enter “Exempt—Form 4029” on the dotted line next to Form 1040, line 56. Free 2007 tax preparation online More information. Free 2007 tax preparation online   For more information on filing your return, including when and where to file it, see the Instructions for Form 1040. Free 2007 tax preparation online Retirement Savings Arrangements Retirement savings arrangements are plans that offer you a tax-favored way to save for your retirement. Free 2007 tax preparation online You generally can deduct your contributions to the plan. Free 2007 tax preparation online Your contributions and the earnings on them are not taxed until they are distributed. Free 2007 tax preparation online Retirement plans for the self-employed. Free 2007 tax preparation online   To set up one of the following plans you must be self-employed. Free 2007 tax preparation online SEP (simplified employee pension) plan. Free 2007 tax preparation online SIMPLE (savings incentive match plan for employees) plan. Free 2007 tax preparation online Qualified retirement plan (also called a Keogh or H. Free 2007 tax preparation online R. Free 2007 tax preparation online 10 plan). Free 2007 tax preparation online   The common-law rules determine whether you are an employee or a self-employed person for purposes of setting up a retirement plan. Free 2007 tax preparation online See Employment status for other tax purposes under Coverage of Members of the Clergy, earlier. Free 2007 tax preparation online This result is true even if your compensation for ministerial services (defined earlier) is subject to SE tax. Free 2007 tax preparation online   For example, if a congregation pays you a salary for performing ministerial services and you are subject to the congregation's control, you generally are a common-law employee. Free 2007 tax preparation online You are not a self-employed person for purposes of setting up a retirement plan. Free 2007 tax preparation online This result is true even if your salary is subject to SE tax. Free 2007 tax preparation online   On the other hand, amounts received directly from members of the congregation, such as fees for performing marriages, baptisms, or other personal services that you report on Schedule C or C-EZ (Form 1040), are earnings from self-employment for all tax purposes. Free 2007 tax preparation online   For more information on establishing a SEP, SIMPLE, or qualified retirement plan, see Publication 560, Retirement Plans for Small Business (SEP, SIMPLE, and Qualified Plans). Free 2007 tax preparation online Individual retirement arrangements (IRAs). Free 2007 tax preparation online   The traditional IRA and the Roth IRA are two individual retirement arrangements you can use to save money for your retirement. Free 2007 tax preparation online Generally, your maximum contribution for 2013 to either of these plans (or to a combination of the two) is the smaller of your taxable compensation or $5,500 ($6,500 if you are age 50 or older). Free 2007 tax preparation online   However, your maximum contribution to a Roth IRA will be further reduced or eliminated if your adjusted gross income is above a certain amount. Free 2007 tax preparation online You cannot deduct Roth IRA contributions, but if you satisfy certain requirements, all earnings in the Roth IRA are tax free and neither your nondeductible contributions nor any earnings on them are taxable when distributed. Free 2007 tax preparation online   If you contribute to a traditional IRA, your contribution may be deductible. Free 2007 tax preparation online However, your deduction may be reduced or eliminated if you or your spouse is covered by an employer retirement plan (including, but not limited to, a SEP, SIMPLE, or qualified retirement plan). Free 2007 tax preparation online   For more information on IRAs, see Publication 590. Free 2007 tax preparation online Tax-sheltered annuity plans. Free 2007 tax preparation online   Church employees, members of religious orders, and duly ordained, commissioned, or licensed ministers working as ministers or chaplains can participate in tax-sheltered annuity (403(b)) plans. Free 2007 tax preparation online For more
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Trusts

It is a common misconception that trusts, or trust funds as they are commonly called, are only useful for wealthy people. When set up properly, trusts can be appropriate for people with minor children or those who want to avoid having their estate go through probate upon death. These are basic facts about trusts – but, be sure to consult a licensed attorney experienced with estate planning and trust matters before making any final decisions about if one is right for you.

How Trusts Work

Creating a trust (or trust fund) establishes a legal entity that holds property or assets for the person who created it. The person who creates the trust can be called a grantor, donor, or settlor. When the grantor creates the trust he or she appoints a person or entity (like the trust department of a bank) to manage the trust. This person or entity is called a trustee. The grantor also chooses someone who will ultimately benefit from the trust, this person is the beneficiary. In some situations the grantor, trustee, and beneficiary are all the same person. In this case, the grantor should also appoint a successor trustee and beneficiary in case he or she dies or becomes incapacitated. A trust is a helpful estate planning tool because after death a trust doesn’t go through the probate process like a will does.

Reasons To Set Up A Trust

Some common reasons for setting up a trust include:

  • Providing for minor children or family members who are inexperienced or unable to handle financial matters
  • Providing for management of personal assets should one become unable to handle them oneself
  • Avoiding probate and immediately transferring assets to beneficiaries upon death
  • Reducing estate taxes and providing liquid assets to help pay for them
  • The terms of a will are public while the terms of a trust are not so privacy makes a trust an attractive option

Types of Trusts

Trusts can be living (inter vivos) or after-death (testamentary). A living trust is one that a grantor sets up while still alive and an after-death trust is usually established by a will after one’s death. Living trusts can be irrevocable (can’t be changed) or revocable (can be changed) although revocable trusts don’t receive the same tax shelter benefits as irrevocable ones do. The most popular type is the revocable living trust. If there’s a specific purpose in mind for the trust, dozens of different options exist. Some examples include charitable trusts, bypass trusts, spendthrift trusts, and life insurance trusts. New laws have even established a trust that will care for a pet after one’s death.

Setting Up A Trust

Once you’ve decided to set up a trust it is important to remember that a trust, by design, can be very flexible and a grantor has the right – and should take advantage of this right - within the law, to tailor it to meet the anticipated the needs of the beneficiary. Working with an experienced attorney that specializes in estate and trust issues and knows the specific state regulations can help get the maximum benefit from the trust.
Some things to consider when setting up the trust include:

  • The grantor has the right to specify exactly how the money in the trust is invested. The grantor and the trustee might have very different ideas about investment strategies, so make sure this gets clearly defined.
  • The grantor has the right to specify exactly how the assets should be divvied up down to details like including an annual cost of living adjustment for the beneficiary or paying for travel expenses for others to visit the beneficiary in the case of illness.
  • Always be sure to include a “trustee removal clause” – trusts that don’t have this clause take away the beneficiary’s right to fire the trustee if unsatisfied with the service being provided. Remember that the grantor can always add a provision that requires the beneficiary to select a new trustee from legitimate bank trust departments. Contact your state Department of Financial Institutions to get a list of licensed trust departments.
  • If the grantor wants to ensure that upon death any assets that remain outside of the trust are transferred to it, he or she should consider having a “pour-over” will to accomplish this.

Upon establishment of the trust the grantor must complete the process of setting up the trust by transferring his or her assets into the trust. Failure to do this properly makes the trust null and void. This means that upon the grantor’s death the state will decide who gets the assets and cares for minor children.

Protect Yourself From Trust Scams and Fraud

If someone approaches you to set up a trust be very cautious. Before signing any papers to create a living trust, will or other kind of trust make sure to explore all options and shop around for this service just as you would for any other. Also:

  • Avoid high-pressure sales tactics and high speed sales pitches.
  • Avoid salespeople who give the impression that AARP is backing or selling the product – AARP does not endorse living trust products.
  • Do your homework and get information about local probate laws from the Clerk or Register of Wills.
  • If someone tries to sell a living trust to you ask if they are an attorney. Some states restrict sales of living trusts by licensed attorneys.
  • If you buy a trust in your home or another location that is not the seller’s permanent place of business remember you are entitled to take advantage of the Cooling Off Rule and cancel the transaction within 3 business days.

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