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Free State Only Tax Filing

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Free State Only Tax Filing

Free state only tax filing 18. Free state only tax filing   Appendix This appendix contains models of the certificates, waivers, reports, and statements discussed in Part One. Free state only tax filing Model Certificate A   STATEMENT OF SUBSEQUENT SELLER     1. Free state only tax filing                 Name, address, and employer identification number of seller in subsequent sale             2. Free state only tax filing                 Name, address, and employer identification number of the buyer in subsequent sale             3. Free state only tax filing         Date and location of subsequent sale             4. Free state only tax filing         Volume and type of taxable fuel sold               The undersigned seller (“Seller”) has received the copy of the first taxpayer's report provided with this statement in     connection with Seller's purchase of the taxable fuel described in this statement. Free state only tax filing       Under penalties of perjury, Seller declares that Seller has examined this statement, including any accompanying     schedules and statements, and, to the best of Seller's knowledge and belief, they are true, correct and complete. Free state only tax filing                   Signature and date signed                   Printed or typed name of person signing this report                   Title—   Model Certificate B   FIRST TAXPAYER'S REPORT   1. Free state only tax filing                     First Taxpayer's name, address and employer identification number     2. Free state only tax filing                     Name, address, and employer identification number of the buyer of the taxable fuel subject to tax     3. Free state only tax filing           Date and location of removal, entry, or sale       4. Free state only tax filing           Volume and type of taxable fuel removed, entered or sold     5. Free state only tax filing Check type of taxable event:         Removal from refinery         Entry into United States         Bulk transfer from terminal by unregistered position holder       Bulk transfer not received at an approved terminal       Sale within the bulk transfer/terminal system       Removal at the terminal rack         Removal or sale by the blender                   6. Free state only tax filing           Amount of federal excise tax paid on account of the removal, entry, or sale                   The undersigned taxpayer (“Taxpayer”) has not received, and will not claim, a credit with respect to, or a refund of, the tax     on the taxable fuel to which this form relates. Free state only tax filing       Under penalties of perjury, Taxpayer declares that Taxpayer has examined this statement, including any accompanying     schedules and statements, and to the best of Taxpayer's knowledge and belief, they are true, correct and complete. Free state only tax filing             Signature and date signed               Printed or typed name of person signing this report               Title     Model Certificate C   NOTIFICATION CERTIFICATE OF TAXABLE FUEL REGISTRANT                           Name, address, and employer identification number of person receiving certificate       The undersigned taxable registrant (“Registrant”) hereby certifies under penalties of perjury that Registrant is registered     by the Internal Revenue Service with registration number and that Registrant's registration has not     been revoked or suspended by the Internal Revenue Service. Free state only tax filing                 Registrant understands that the fraudulent use of this certificate may subject Registrant and all parties making such     fraudulent use of this certificate to a fine or imprisonment, or both, together with the costs of prosecution. Free state only tax filing                       Signature and date signed                         Printed or typed name of person signing                         Title of person signing                         Name of Registrant                         Employer identification number                         Address of Registrant     Model Certificate D   CERTIFICATE OF PERSON BUYING GASOLINE BLENDSTOCKS FOR USE OTHER THAN IN THE PRODUCTION OF FINISHED GASOLINE     (To support tax-free sales (other than LUST) under section 4081 of the Internal Revenue Code. Free state only tax filing )                 Name, address, and employer identification number of seller       The undersigned buyer (“Buyer”) hereby certifies the following under penalties of perjury:       The gasoline blendstocks to which this certificate relates will not be used to produce finished gasoline. Free state only tax filing       This certificate applies to the following (complete as applicable):       If this is a single purchase certificate, check here and enter:     1. Free state only tax filing Invoice or delivery ticket number       2. Free state only tax filing (number of gallons) of(type of gasoline blendstocks)       If this is a certificate covering all purchases under a specified account or order number, check here and enter:     1. Free state only tax filing Effective date       2. Free state only tax filing Expiration date       (period not to exceed 1 year after the effective date)       3. Free state only tax filing Type (or types) of gasoline blendstocks     4. Free state only tax filing Buyer's account or order number         Buyer will not claim a credit or refund under section 6427(h) of the Internal Revenue Code for any gasoline blendstocks     covered by this certificate. Free state only tax filing         Buyer will provide a new certificate to the seller if any information in this certificate changes. Free state only tax filing       If Buyer resells the gasoline blendstocks to which this certificate relates, Buyer will be liable for tax unless Buyer obtains a     certificate from the purchaser stating that the gasoline blendstocks will not be used to produce finished gasoline and otherwise complies with the conditions of §48. Free state only tax filing 4081-4(b)(3) of the Manufacturers and Retailers Excise Tax Regulations. Free state only tax filing       Buyer understands that if Buyer violates the terms of this certificate, the Internal Revenue Service may withdraw Buyer's     right to provide a certificate. Free state only tax filing       Buyer has not been notified by the Internal Revenue Service that its right to provide a certificate has been withdrawn. Free state only tax filing     In addition, the Internal Revenue Service has not notified Buyer that the right to provide a certificate has been withdrawn from a purchaser to which Buyer sells gasoline blendstocks tax free. Free state only tax filing       Buyer understands that the fraudulent use of this certificate may subject Buyer and all parties making such fraudulent use     of this certificate to a fine or imprisonment, or both, together with the costs of prosecution. Free state only tax filing             Signature and date signed               Printed or typed name of person signing               Title of person signing               Name of Buyer               Employer identification number               Address of Buyer     Model Certificate G   CERTIFICATE OF REGISTERED FEEDSTOCK USER     (To support tax-free removals and entries (other than LUST) of kerosene under section 4082 of the Internal Revenue Code. Free state only tax filing )         (Buyer) certifies the following under penalties of perjury:       Name of buyer         Buyer is a registered feedstock user with registration number . Free state only tax filing Buyer's registration has not been revoked     or suspended. Free state only tax filing         The kerosene to which this certificate applies will be used by Buyer for a feedstock purpose. Free state only tax filing                 This certificate applies to percent of Buyer's purchases from (name, address, and employer     identification number of seller) as follows (complete as applicable):       1. Free state only tax filing A single purchase on invoice or delivery ticket number . Free state only tax filing                 2. Free state only tax filing All purchases between (effective date) and (expiration date) (period not to exceed     one year after the effective date) under account or order number(s) . Free state only tax filing If this certificate applies only to Buyer's     purchases for certain locations, check here and list the locations. Free state only tax filing                                   If Buyer sells the kerosene to which this certificate relates, Buyer will be liable for tax on that sale. Free state only tax filing                 Buyer will provide a new certificate to the seller if any information in this certificate changes. Free state only tax filing                 If Buyer violates the terms of this certificate, the Internal Revenue Service may revoke the Buyer's registration. Free state only tax filing                 Buyer understands that the fraudulent use of this certificate may subject Buyer and all parties making any fraudulent use of     this certificate to a fine or imprisonment, or both, together with the costs of prosecution. Free state only tax filing             Printed or typed name of person signing               Title of person signing               Employer identification number               Address of Buyer               Signature and date signed     Model Certificate J   CERTIFICATE OF PERSON BUYING COMPRESSED NATURAL GAS (CNG) FOR A NONTAXABLE USE     (To support tax-free sales of CNG under section 4041 of the Internal Revenue Code. Free state only tax filing )                                         Name, address, and employer identification number of seller                   (“Buyer”) certifies the following under penalties of perjury:     Name of buyer                     The CNG to which this certificate relates will be used in a nontaxable use. Free state only tax filing       This certificate applies to the following (complete as applicable):               If this is a single purchase certificate, check here and enter:       1. Free state only tax filing Invoice or delivery ticket number       2. Free state only tax filing (Gasoline gallon equivalents)       If this is a certificate covering all purchases under a specified account or order number, check here and enter:         1. Free state only tax filing Effective date         2. Free state only tax filing Expiration date         (period not to exceed 1 year after the effective date)         3. Free state only tax filing Buyer's account or order number       Buyer will not claim a credit or refund under section 6427 of the Internal Revenue Code for any CNG to which this certificate relates. Free state only tax filing       Buyer will provide a new certificate to the seller if any information in this certificate changes. Free state only tax filing       Buyer understands that if Buyer violates the terms of this certificate, the Internal Revenue Service may withdraw Buyer's     right to provide a certificate. Free state only tax filing       Buyer has not been notified by the Internal Revenue Service that its right to provide a certificate has been withdrawn. Free state only tax filing     In addition, the Internal Revenue Service has not notified Buyer that the right to provide a certificate has been withdrawn     from a purchaser to which Buyer sells CNG tax free. Free state only tax filing       Buyer understands that the fraudulent use of this certificate may subject Buyer and all parties making any fraudulent use     of this certificate to a fine or imprisonment, or both, together with the costs of prosecution. Free state only tax filing             Printed or typed name of person signing               Title of person signing             Employer identification number               Address of Buyer               Signature and date signed     Model Certificate K   CERTIFICATE OF PERSON BUYING KEROSENE FOR USE IN AVIATION FOR     COMMERCIAL AVIATION OR NONTAXABLE USE     (To support operator liability for tax on removals of kerosene for use in aviation directly into the fuel tank of an aircraft in commercial aviation pursuant to § 4081 of the Internal Revenue Code or to support a tax rate of zero under § 4041(c) pursuant to §§4041(c) and 4082. Free state only tax filing )           Name, address, and employer identification number of position holder       The undersigned aircraft operator (“Buyer”) hereby certifies the following under the penalties of perjury:       The kerosene for use in aviation to which this certificate relates is purchased (check one): for     use on a farm for farming purposes; for use in foreign trade (reciprocal benefits required for foreign registered airlines); for use in certain helicopter and fixed-wing air ambulance uses; for use other than as a fuel in the propulsion engine of an aircraft; for the exclusive use of a qualified blood collector organization; for the exclusive use of a nonprofit educational organization; for the exclusive use of a state; for use in an aircraft owned by an aircraft museum; for use in military aircraft; or for use in commercial aviation (other than foreign trade). Free state only tax filing       With respect to kerosene for use in aviation purchased after June 30, 2005, for use in commercial aviation     (other than foreign trade), Buyer's registration number is. Free state only tax filing Buyer's registration has not been suspended or revoked by the Internal Revenue Service. Free state only tax filing       This certificate applies to the following (complete as applicable):     This is a single purchase certificate:       1. Free state only tax filing Invoice or delivery ticket number       2. Free state only tax filing Number of gallons     This is a certificate covering all purchases under a specified account or order number:       1. Free state only tax filing Effective date       2. Free state only tax filing Expiration date (period not to exceed 1 year after the effective date)       3. Free state only tax filing Buyer's account number       Buyer agrees to provide the person liable for tax with a new certificate if any information in this certificate changes. Free state only tax filing       If the kerosene for use in aviation to which this certificate relates is being bought for use in commercial aviation     (other than foreign trade), Buyer is liable for tax on its use of the fuel and will pay that tax to the government. Free state only tax filing       If Buyer sells or uses the kerosene for use in aviation to which this certificate relates for a use other than the use     stated above, Buyer will be liable for tax. Free state only tax filing       Buyer understands that it must be prepared to establish by satisfactory evidence the purpose for which the     fuel purchased under this certificate was used. Free state only tax filing     Buyer has not been notified by the Internal Revenue Service that its right to provide a certificate has been withdrawn. Free state only tax filing     If Buyer violates the terms of this certificate, the Internal Revenue Service may withdraw Buyer's right to provide a certificate. Free state only tax filing       The fraudulent use of this certificate may subject Buyer and all parties making any fraudulent use of this certificate     to a fine or imprisonment, or both, together with the costs of prosecution. Free state only tax filing           Printed or typed name of person signing           Title of person signing           Name of Buyer           Employer identification number           Address of Buyer           Signature and date signed   Model Waiver L WAIVER FOR USE BY ULTIMATE PURCHASERS OF KEROSENE FOR CERTAIN USES IN AVIATION (To support vendor's claim for a credit or payment under § 6427(l)(4)(C)(i) of the Internal Revenue Code. Free state only tax filing )               Name, Address, and Employer Identification Number of Ultimate Vendor     The undersigned ultimate purchaser (“Buyer”) hereby certifies the following under penalties of perjury:     A. Free state only tax filing The kerosene to which this waiver relates is purchased for — (check one):       1. Free state only tax filing □ Use on a farm for farming purposes,       2. Free state only tax filing □ Use in foreign trade (reciprocal benefits required for foreign registered airlines),       3. Free state only tax filing □ Use in certain helicopter and fixed-wing air ambulance uses,       4. Free state only tax filing □ The exclusive use of a qualified blood collector organization,       5. Free state only tax filing □ The exclusive use of a nonprofit educational organization,       6. Free state only tax filing □ Use in an aircraft owned by an aircraft museum,       7. Free state only tax filing □ Use in military aircraft, or       8. Free state only tax filing □ Use in commercial aviation (other than foreign trade). Free state only tax filing     B. Free state only tax filing This waiver applies to the following (complete as applicable):       This is a single purchase waiver:           1. Free state only tax filing Invoice or delivery ticket number           2. Free state only tax filing Number of gallons       This is a waiver covering all purchases under a specified account or order number:           1. Free state only tax filing Effective date           2. Free state only tax filing Expiration date (period not to exceed 1 year after the effective date)           3. Free state only tax filing Buyer's account number       Buyer will provide a new waiver to the vendor if any information in this waiver changes. Free state only tax filing       If Buyer uses the kerosene for use in aviation to which this waiver relates for a use other than the use stated above, Buyer will be liable for tax. Free state only tax filing       Buyer understands that by signing this waiver, Buyer gives up its right to claim any credit or payment for the kerosene for use in aviation used in a nontaxable use. Free state only tax filing       Buyer acknowledges that it has not and will not claim any credit or payment for the kerosene for use in aviation to which this waiver relates. Free state only tax filing       Buyer understands that the fraudulent use of this waiver may subject Buyer and all parties making such fraudulent use of this waiver to a fine or imprisonment, or both, together with the costs of prosecution. Free state only tax filing           Printed or typed name of person signing           Title of person signing           Name of Buyer           Employer identification number           Address of Buyer           Signature and date signed   Model Certificate M   CERTIFICATE FOR STATE USE OR NONPROFIT EDUCATIONAL     ORGANIZATION USE     (To support vendor's claim for a credit or payment under § 6416(a)(4) of the Internal Revenue Code. Free state only tax filing )                       Name, address, and employer identification number of ultimate vendor       The undersigned ultimate purchaser (“Buyer”) hereby certifies the following under the penalties of perjury:       Buyer will use the gasoline or aviation gasoline to which this certificate relates (check one):     For the exclusive use of a state or local government; or     For the exclusive use of a nonprofit educational organization. Free state only tax filing       This certificate applies to the following (complete as applicable):     This is a single purchase certificate:       1. Free state only tax filing Invoice or delivery ticket number       2. Free state only tax filing Number of gallons     This is a certificate covering all purchases under a specified account or order number:       1. Free state only tax filing Effective date       2. Free state only tax filing Expiration date (period not to exceed 1 year after the effective date)       3. Free state only tax filing Buyer's account number       Buyer will provide a new certificate to the vendor if any information in this certificate changes. Free state only tax filing       Buyer understands that by signing this certificate, Buyer gives up its right to claim any credit or payment for the gasoline or aviation gasoline to which this certificate relates. Free state only tax filing       Buyer acknowledges that it has not and will not claim any credit or payment for the gasoline or aviation gasoline to which this certificate relates. Free state only tax filing       Buyer understands that the fraudulent use of this certificate may subject Buyer and all parties making such fraudulent use of this certificate to a fine or imprisonment, or both, together with the costs of prosecution. Free state only tax filing           Printed or typed name of person signing           Title of person signing           Name of Buyer           Employer identification number           Address of Buyer           Signature and date signed   Model Waiver N   WAIVER FOR USE BY ULTIMATE PURCHASERS OF DIESEL FUEL OR     KEROSENE USED IN INTERCITY BUS TRANSPORTATION     (To support vendor's claim for a credit or payment under § 6427 of the Internal Revenue Code. Free state only tax filing )                       Name, address, and employer identification number of ultimate vendor       The undersigned ultimate purchaser (“Buyer”) hereby certifies the following under the penalties of perjury:       The diesel fuel or kerosene to which this waiver relates is purchased for use in intercity bus transportation. Free state only tax filing       This waiver applies to the following (complete as applicable):     This is a single purchase waiver:       1. Free state only tax filing Invoice or delivery ticket number       2. Free state only tax filing Number of gallons     This is a waiver covering all purchases under a specified account or order number:       1. Free state only tax filing Effective date       2. Free state only tax filing Expiration date (period not to exceed 1 year after the effective date)       3. Free state only tax filing Buyer's account number       Buyer will provide a new waiver to the vendor if any information in this waiver changes. Free state only tax filing       If Buyer uses the diesel fuel or kerosene to which this waiver relates for a use other than in intercity bus transportation, Buyer will be liable for tax. Free state only tax filing       Buyer understands that by signing this waiver, Buyer gives up its right to claim any credit or payment for the diesel fuel or kerosene used in intercity bus transportation. Free state only tax filing       Buyer acknowledges that it has not and will not claim any credit or payment for the diesel fuel or kerosene to which this waiver relates. Free state only tax filing       Buyer understands that the fraudulent use of this waiver may subject Buyer and all parties making such fraudulent use of this waiver to a fine or imprisonment, or both, together with the costs of prosecution. Free state only tax filing           Printed or typed name of person signing           Title of person signing           Name of Buyer           Employer identification number           Address of Buyer           Signature and date signed   Model Certificate O   CERTIFICATE FOR BIODIESEL     Certificate Identification Number:     (To support a claim related to biodiesel or a biodiesel mixture under section 6426 of the Internal Revenue Code. Free state only tax filing )     The undersigned biodiesel producer (“Producer”) hereby certifies the following under penalties of perjury:   1. Free state only tax filing             Producer's name, address, and employer identification number (EIN)   2. Free state only tax filing             Name, address, and EIN of person buying the biodiesel from Producer   3. Free state only tax filing       Date and location of sale to buyer   4. Free state only tax filing This certificate applies to gallons of biodiesel. Free state only tax filing   5. Free state only tax filing Producer certifies that the biodiesel to which this certificate relates is:       % Agri-biodiesel (derived solely from virgin oils)       % Biodiesel other than agri-biodiesel       This certificate applies to the following sale:       Invoice or delivery ticket number       Total number of gallons of biodiesel sold under that invoice or delivery ticket number (including biodiesel not covered by this certificate)       Total number of certificates issued for that invoice or delivery ticket number   6. Free state only tax filing             Name, address, and employer identification number of reseller to whom certificate is issued (only in the case of certificates reissued to a reseller after the return of the original certificate)   7. Free state only tax filing Original Certificate Identification Number (only in the case of certificates reissued to a reseller after return of the original certificate). Free state only tax filing       Producer is registered as a biodiesel producer with registration number . Free state only tax filing  Producer's registration has not been suspended or revoked by the Internal Revenue Service. Free state only tax filing       Producer certifies that the biodiesel to which this certificate relates in monoalkyl esters of long chain fatty acids derived from plant or animal matter that meets the requirements of the American Society of Testing and Materials D6751 and the registration requirements for fuels and fuel additives established by EPA under section 211 of the Clean Air Act (42 U. Free state only tax filing S. Free state only tax filing C. Free state only tax filing 7545). Free state only tax filing       Producer understands that the fraudulent use of this certificate may subject Producer and all parties making any fraudulent use of this certificate to a fine or imprisonment, or both, together with the costs of prosecution. Free state only tax filing           Printed or typed name of person signing this certificate           Title of person signing           Signature and date signed   Model Certificate P CERTIFICATE OF STATE USE (To support vendor's claim for credit or payment under section 6427 of the Internal Revenue Code. Free state only tax filing )               Name, Address, and Employer Identification Number of Vendor     The undersigned buyer (“Buyer”) hereby certifies the following under penalties of perjury:     A. Free state only tax filing Buyer will use the diesel fuel or kerosene to which this certificate relates for the exclusive use of a state or local government, or the District of Columbia. Free state only tax filing     B. Free state only tax filing This certificate applies to the following (complete as applicable):       1. Free state only tax filing   If this is a single purchase certificate, check here □ and enter:           a. Free state only tax filing Invoice or delivery ticket number           b. Free state only tax filing Number of gallons       2. Free state only tax filing   If this is a certificate covering all purchases under a specified account or order number, check here □  and enter:           a. Free state only tax filing Effective date           b. Free state only tax filing Expiration date   (period not to exceed 1 year after effective date)           c. Free state only tax filing Buyer's account or order number     ▪ Buyer will provide a new certificate to the vendor if any information in this certificate changes. Free state only tax filing     ▪ If Buyer uses the diesel fuel or kerosene to which this certificate relates for a purpose other than stated in the certificate, Buyer will be liable for any tax. Free state only tax filing     ▪ Buyer acknowledges that it has not and will not claim any credit or payment for the diesel fuel or kerosene to which this certificate relates. Free state only tax filing     ▪ Buyer understands that the fraudulent use of this certificate may subject Buyer and all parties making such fraudulent use of this certificate to a fine or imprisonment, or both, together with the costs of prosecution. Free state only tax filing           Printed or typed name of person signing           Title of person signing           Name of Buyer           Employer identification number           Address of Buyer           Signature and date signed   Model Certificate Q CERTIFICATE OF ULTIMATE PURCHASER OF KEROSENE FOR USE IN NONEXEMPT, NONCOMMERCIAL AVIATION (To support vendor's claim for credit or payment under section 6427(l)(4)(C)(ii) of the Internal Revenue Code. Free state only tax filing )               Name, Address, and Employer Identification Number of Ultimate Vendor     The undersigned ultimate purchaser (“Buyer”) hereby certifies the following under penalties of perjury:     A. Free state only tax filing The kerosene to which this certificate relates is purchased for a nonexempt use in noncommercial aviation. Free state only tax filing     B. Free state only tax filing This certificate applies to the following (complete as applicable):       1. Free state only tax filing   If this is a single purchase certificate, check here □ and enter:           a. Free state only tax filing Invoice or delivery ticket number           b. Free state only tax filing Number of gallons       2. Free state only tax filing   This is a certificate covering all purchases under a specified account or order number:           a. Free state only tax filing Effective date           b. Free state only tax filing Expiration date   (period not to exceed 1 year after effective date)           c. Free state only tax filing Buyer's account number     ▪ Buyer will provide a new certificate to the vendor if any information in this certificate changes. Free state only tax filing     ▪ If Buyer uses the kerosene to which this certificate relates for a use other than the nontaxable use stated above, Buyer will be liable for tax. Free state only tax filing     ▪ Buyer understands that the fraudulent use of this certificate may subject Buyer and all parties making such fraudulent use of this certificate to a fine or imprisonment, or both, together with the costs of prosecution. Free state only tax filing           Printed or typed name of person signing           Title of person signing           Name of Buyer           Employer identification number           Address of Buyer           Signature and date signed   Model Certificate R CERTIFICATE OF BUYER OF TAXABLE FUEL FOR USE BY A STATE OR NONPROFIT EDUCATIONAL ORGANIZATION (To support credit card issuer's claim for credit, refund, or payment under section 6416(a)(4)(B) or section 6427(l)(5)(D) of the Internal Revenue Code. Free state only tax filing )               Name, Address, and Employer Identification Number of Credit Card Issuer. Free state only tax filing     The undersigned ultimate purchaser (“Buyer”) hereby certifies the following under penalties of perjury:     A. Free state only tax filing Buyer will use the taxable fuel to which this certificate relates for the exclusive use of a state; or     B. Free state only tax filing Buyer will use the gasoline to which this certificate relates for the exclusive use of a nonprofit educational organization. Free state only tax filing     C. Free state only tax filing This certificate applies to all purchases made with the credit card identified below during the period specified:           a. Free state only tax filing Effective date of certificate           b. Free state only tax filing Expiration date of certificate   (period not to exceed 2 years after effective date)           c. Free state only tax filing Buyer's account number     ▪ Buyer will provide a new certificate to the credit card issuer if any information in this certificate changes. Free state only tax filing     ▪ Buyer understands that by signing this certificate, Buyer gives up its right to claim a credit or payment for the taxable fuel purchased with the credit card to which this certificate relates. Free state only tax filing     ▪ Buyer acknowledges that it has not and will not claim any credit or payment for the taxable fuel purchased with the credit card to which this certificate relates. Free state only tax filing     ▪ Buyer understands that the fraudulent use of this certificate may subject Buyer and all parties making such fraudulent use of this certificate to a fine or imprisonment, or both, together with the costs of prosecution. Free state only tax filing           Printed or typed name of person signing           Title of person signing           Name of Buyer           Employer identification number           Address of Buyer           Signature and date signed   Model Statement S   STATEMENT OF BIODIESEL RESELLER     (To support a claim related to biodiesel or a biodiesel mixture under section 6426 of the Internal Revenue Code. Free state only tax filing )     The undersigned biodiesel producer (“Reseller”) hereby certifies the following under penalties of perjury:   1. Free state only tax filing                   Reseller's name, address, and employer identification number (EIN)   2. Free state only tax filing                   Name, address, and EIN of Reseller's buyer   3. Free state only tax filing       Date and location of sale to buyer   4. Free state only tax filing Volume of biodiesel sold   5. Free state only tax filing Certificate Identification Number on the Certificate for Biodiesel       Reseller has bought the biodiesel described in the accompanying Certificate for Biodiesel and Reseller has no reason to believe that any information in the certificate is false. Free state only tax filing       Reseller has not been notified by the Internal Revenue Service that its right to provide a certificate or statement has been withdrawn. Free state only tax filing       Reseller understands that the fraudulent use of this statement may subject Reseller and all parties making any fraudulent use of this statement to a fine or imprisonment, or both, together with the costs of prosecution. Free state only tax filing           Printed or typed name of person signing this certificate           Title of person signing           Signature and date signed   Prev  Up  Next   Home   More Online Publications
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The Free State Only Tax Filing

Free state only tax filing Depreciation Table of Contents Introduction Special Depreciation AllowanceQualified Property Election Not To Claim the Allowance Rules for Returns Filed Before June 1, 2002 Passenger Automobiles New York Liberty Zone BenefitsSpecial Liberty Zone Depreciation Allowance Increased Section 179 Deduction Liberty Zone Leasehold Improvement Property If you depreciate business property that you acquired and placed in service after September 10, 2001, new law contains provisions that may affect your depreciation deduction for that property. Free state only tax filing Publication 946, How To Depreciate Property, contains information on depreciation. Free state only tax filing However, Publication 946 does not contain the new provisions because it was printed before the law was enacted. Free state only tax filing The new provisions are in the Supplement to Publication 946, which is reprinted below. Free state only tax filing Supplement to Publication 946 How To Depreciate Property   Introduction After Publication 946 was printed, the Job Creation and Worker Assistance Act of 2002 was signed into law by the President. Free state only tax filing The new law made several changes in the tax rules explained in the publication. Free state only tax filing Some of the changes apply to property placed in service during 2001. Free state only tax filing This supplemental publication describes those changes and explains what you should do if you are affected by them. Free state only tax filing The situations and examples in Publication 946 do not reflect any of the changes made by the Job Creation and Worker Assistance Act of 2002. Free state only tax filing The new law contains the following provisions. Free state only tax filing 30% depreciation deductions (special depreciation allowance and special New York Liberty Zone (Liberty Zone) depreciation allowance) for the year qualified property is placed in service after September 10, 2001. Free state only tax filing An increased dollar limit on the section 179 deduction for qualified Liberty Zone property purchased after September 10, 2001. Free state only tax filing A shorter recovery period for qualified Liberty Zone leasehold improvement property placed in service after September 10, 2001. Free state only tax filing An increase in the maximum depreciation deduction for 2001 for a qualified passenger automobile placed in service after September 10, 2001. Free state only tax filing If you believe you qualify for an increased deduction under any of these new rules, you must file the revised 2001 Form 4562 (dated March 2002) for 2001 calendar or fiscal years and 2000 fiscal years ending after September 10, 2001. Free state only tax filing If you have already filed a tax return, this supplemental publication explains how to claim these benefits and how to elect not to claim the special depreciation allowance or special Liberty Zone depreciation allowance. Free state only tax filing See Table 2 at the end of the supplement for an overview of the rules that apply if you filed your return before June 1, 2002. Free state only tax filing Special Depreciation Allowance You can take a special depreciation allowance for qualified property you place in service after September 10, 2001. Free state only tax filing The allowance is an additional deduction of 30% of the property's depreciable basis. Free state only tax filing To figure the depreciable basis, you must first multiply the property's cost or other basis by the percentage of business/investment use and then reduce that amount by any section 179 deduction and certain other deductions and credits for the property. Free state only tax filing See What Is the Basis for Depreciation? on page 23 in Publication 946 for more information on figuring depreciable basis. Free state only tax filing The allowance is deductible for both regular tax and alternative minimum tax (AMT) purposes. Free state only tax filing There is no AMT adjustment required for any depreciation figured on the remaining basis of the property. Free state only tax filing In the year you claim the allowance (generally the year you place the property in service), you must reduce the depreciable basis of the property by the allowance before figuring your regular depreciation deduction. Free state only tax filing Example 1. Free state only tax filing On November 1, 2001, you bought and placed in service in your business qualified property that cost $100,000. Free state only tax filing You did not elect to claim a section 179 deduction. Free state only tax filing You can deduct 30% of the cost ($30,000) as a special depreciation allowance for 2001. Free state only tax filing You use the remaining $70,000 of cost to figure your regular depreciation deduction for 2001 and later years. Free state only tax filing Example 2. Free state only tax filing The facts are the same as in Example 1, except that you choose to deduct $24,000 of the property's cost as a section 179 deduction. Free state only tax filing You use the remaining $76,000 of cost to figure your special depreciation allowance of $22,800 ($76,000 × 30%). Free state only tax filing You use the remaining $53,200 of cost to figure your regular depreciation deduction for 2001 and later years. Free state only tax filing Qualified Property To qualify for the special depreciation allowance, your property must meet the following requirements. Free state only tax filing It is new property of one of the following types. Free state only tax filing Property depreciated under the modified accelerated cost recovery system (MACRS) with a recovery period of 20 years or less. Free state only tax filing See Can You Use MACRS To Depreciate Your Property and Which Recovery Period Applies? on pages 7 and 23, respectively, in Publication 946. Free state only tax filing Water utility property. Free state only tax filing See 25-year property on page 22 in Publication 946. Free state only tax filing Computer software that is not a section 197 intangible as described in Computer software on page 5 in Publication 946. Free state only tax filing (The cost of some computer software is treated as part of the cost of hardware and is depreciated under MACRS. Free state only tax filing ) Qualified leasehold improvement property (defined later). Free state only tax filing It meets the following tests (explained later under Tests To Be Met). Free state only tax filing Acquisition date test. Free state only tax filing Placed in service date test. Free state only tax filing Original use test. Free state only tax filing It is not excepted property (explained later under Excepted Property). Free state only tax filing Qualified leasehold improvement property. Free state only tax filing    Generally, this is any improvement to an interior part of a building that is nonresidential real property, provided all of the following requirements are met. Free state only tax filing The improvement is made under or pursuant to a lease by the lessee (or any sublessee) or the lessor of that part of the building. Free state only tax filing That part of the building is to be occupied exclusively by the lessee (or any sublessee) of that part. Free state only tax filing The improvement is placed in service more than 3 years after the date the building was first placed in service. Free state only tax filing   However, a qualified leasehold improvement does not include any improvement for which the expenditure is attributable to any of the following. Free state only tax filing The enlargement of the building. Free state only tax filing Any elevator or escalator. Free state only tax filing Any structural component benefiting a common area. Free state only tax filing The internal structural framework of the building. Free state only tax filing   Generally, a binding commitment to enter into a lease is treated as a lease and the parties to the commitment are treated as the lessor and lessee. Free state only tax filing However, a binding commitment between related persons is not treated as a lease. Free state only tax filing Related persons. Free state only tax filing   For this purpose, the following are related persons. Free state only tax filing Members of an affiliated group. Free state only tax filing The persons listed in items (1) through (9) under Related persons on page 8 of Publication 946 (except that “80% or more” should be substituted for “more than 10%” each place it appears). Free state only tax filing An executor and a beneficiary of the same estate. Free state only tax filing Tests To Be Met To qualify for the special depreciation allowance, the property must meet all of the following tests. Free state only tax filing Acquisition date test. Free state only tax filing    Generally, you must have acquired the property either: After September 10, 2001, and before September 11, 2004, but only if no written binding contract for the acquisition was in effect before September 11, 2001, or Pursuant to a written binding contract entered into after September 10, 2001, and before September 11, 2004. Free state only tax filing   Property you manufacture, construct, or produce for your own use meets this test if you began the manufacture, construction, or production of the property after September 10, 2001, and before September 11, 2004. Free state only tax filing Placed in service date test. Free state only tax filing   Generally, the property must be placed in service for use in your trade or business or for the production of income after September 10, 2001, and before January 1, 2005. Free state only tax filing   If you sold property you placed in service after September 10, 2001, and you leased it back within 3 months after the property was originally placed in service, the property is treated as placed in service no earlier than the date it is used under the leaseback. Free state only tax filing Original use test. Free state only tax filing   The original use of the property must have begun with you after September 10, 2001. Free state only tax filing “Original use” means the first use to which the property is put, whether or not by you. Free state only tax filing Additional capital expenditures you incurred after September 10, 2001, to recondition or rebuild your property meet the original use test. Free state only tax filing Excepted Property The following property does not qualify for the special depreciation allowance. Free state only tax filing Property used by any person before September 11, 2001. Free state only tax filing Property required to be depreciated using ADS. Free state only tax filing This includes listed property used 50% or less in a qualified business use. Free state only tax filing Qualified New York Liberty Zone leasehold improvement property (defined next). Free state only tax filing Qualified New York Liberty Zone leasehold improvement property. Free state only tax filing   This is any qualified leasehold improvement property (as defined earlier) if all of the following requirements are met. Free state only tax filing The improvement is to a building located in the New York Liberty Zone (defined later under New York Liberty Zone Benefits). Free state only tax filing The improvement is placed in service after September 10, 2001, and before January 1, 2007. Free state only tax filing No written binding contract for the improvement was in effect before September 11, 2001. Free state only tax filing Election Not To Claim the Allowance You can elect not to claim the special depreciation allowance for qualified property. Free state only tax filing If you make this election for any property, it applies to all property in the same property class placed in service during the year. Free state only tax filing To make this election, attach a statement to your return indicating you elect not to claim the allowance and the class of property for which you are making the election. Free state only tax filing When to make election. Free state only tax filing   Generally, you must make the election on a timely filed tax return (including extensions) for the year in which you place the property in service. Free state only tax filing   However, if you timely filed your return for the year without making the election, you can still make the election by filing an amended return within 6 months of the due date of the original return (not including extensions). Free state only tax filing Attach the election statement to the amended return. Free state only tax filing At the top of the election statement, write “Filed pursuant to section 301. Free state only tax filing 9100–2. Free state only tax filing ” Revoking an election. Free state only tax filing   Once you elect not to deduct the special depreciation allowance for a class of property, you cannot revoke the election without IRS consent. Free state only tax filing A request to revoke the election is subject to a user fee. Free state only tax filing Rules for Returns Filed Before June 1, 2002 The following rules apply if you placed qualified property in service after September 10, 2001, and filed your return before June 1, 2002. Free state only tax filing The rules apply to returns for the following years. Free state only tax filing 2000 fiscal years that end after September 10, 2001. Free state only tax filing 2001 calendar and fiscal years. Free state only tax filing Claiming the allowance. Free state only tax filing   If you did not claim the allowance on your return and did not make the election not to claim the allowance, you can do either of the following to claim the allowance. Free state only tax filing File an amended return by the due date (not including extensions) of your return for the year following the year the property was placed in service. Free state only tax filing Write “Filed Pursuant to Rev. Free state only tax filing Proc. Free state only tax filing 2002–33” at the top of the amended return. Free state only tax filing File Form 3115, Application for Change in Accounting Method, with your return for the year following the year the property was placed in service. Free state only tax filing Your return must be filed by the due date (including extensions). Free state only tax filing Write “Automatic Change Filed Under Rev. Free state only tax filing Proc. Free state only tax filing 2002–33” on the appropriate line of Form 3115. Free state only tax filing You must also file a copy (with signature) of the completed Form 3115 with the IRS National Office no later than when you file the original with your return. Free state only tax filing For more information about filing Form 3115, including the address to send it to, see Revenue Procedure 2002–9, Revenue Procedure 2002–19, and Revenue Procedure 2002–33. Free state only tax filing Example 1. Free state only tax filing You are an individual and you use the calendar year. Free state only tax filing You placed qualified property in service for your business in December 2001. Free state only tax filing You filed your 2001 income tax return before April 15, 2002. Free state only tax filing You did not claim the special depreciation allowance for the property and did not make the election not to claim the allowance. Free state only tax filing You can claim the special allowance by filing an amended 2001 return by April 15, 2003, with “Filed Pursuant to Rev. Free state only tax filing Proc. Free state only tax filing 2002–33” at the top of the amended return. Free state only tax filing You must file an amended return by April 15, 2003, even if you get an extension of time to file your 2002 tax return. Free state only tax filing Example 2. Free state only tax filing The facts concerning your 2001 return are the same as in Example 1. Free state only tax filing In addition, you got an automatic 4-month extension of time (to August 15, 2003) to file your 2002 return. Free state only tax filing You can claim the special allowance by filing a Form 3115 (with “Filed Pursuant to Rev. Free state only tax filing Proc. Free state only tax filing 2002–33” on the appropriate line) with your 2002 return by August 15, 2003. Free state only tax filing You must also file a copy of this Form 3115 with the IRS National Office no later than when you file your 2002 return. Free state only tax filing Electing not to claim the allowance. Free state only tax filing   Generally, you have elected not to claim the special depreciation allowance for a class of property if you: Filed your return timely (including extensions) for the year you placed qualified property in service and indicated on a statement with the return that you are not claiming the allowance, or Filed your return timely and filed an amended return within 6 months of the due date of the original return (not including extensions) and indicated on a statement with the amended return that you are not claiming the allowance. Free state only tax filing The statement must indicate that you are not deducting the special depreciation allowance and the class of property to which the election applies. Free state only tax filing The statement can be either attached to or written on the return. Free state only tax filing You can, for example, write “not deducting 30%” on Form 4562. Free state only tax filing Deemed election. Free state only tax filing   If you have not followed either of the procedures described above to elect not to claim the allowance, you may still be treated as making the election. Free state only tax filing You will be treated as making the election if you meet both of the following conditions. Free state only tax filing You filed your return for the year you placed the property in service and claimed depreciation, but not the special allowance, for any class of property. Free state only tax filing You do not file an amended return or a Form 3115 within the time prescribed for claiming the special allowance. Free state only tax filing See Claiming the allowance, earlier. Free state only tax filing Passenger Automobiles The limit on your depreciation deduction (including any section 179 deduction) for any passenger automobile that is qualified property (defined earlier) placed in service after September 10, 2001, and for which you claim the special depreciation allowance is increased. Free state only tax filing Generally, the limit is increased from $3,060 to $7,660. Free state only tax filing However, if the automobile is a qualified electric car, the limit is increased from $9,280 to $23,080 ($22,980 if placed in service in 2002). Free state only tax filing Table 1 shows the maximum deduction amounts for 2001. Free state only tax filing Table 1. Free state only tax filing Maximum Deduction for 2001 Qualified Vehicle Placed in Service Before Sept. Free state only tax filing 11 Placed in Service After Sept. Free state only tax filing 10 Passenger automobile $3,060 $7,660 Electric car 9,280 23,080 1 1$22,980 if you place an electric car in service in 2002. Free state only tax filing Election not to claim the allowance. Free state only tax filing   The increased maximum depreciation deduction does not apply if you elected not to claim the special depreciation allowance as explained earlier under Election Not To Claim the Allowance and Rules for Returns Filed Before June 1, 2002. Free state only tax filing New York Liberty Zone Benefits Several benefits are available for property you place in service in the New York Liberty Zone (Liberty Zone). Free state only tax filing They include a special depreciation allowance for the year you place the property in service, an increased section 179 deduction, and the classification of certain leasehold improvement property as 5-year property. Free state only tax filing Area defined. Free state only tax filing   The New York Liberty Zone is the area located on or south of Canal Street, East Broadway (east of its intersection with Canal Street), or Grand Street (east of its intersection with East Broadway) in the Borough of Manhattan in the City of New York, New York. Free state only tax filing Special Liberty Zone Depreciation Allowance You can take a special depreciation allowance for qualified Liberty Zone property you place in service after September 10, 2001. Free state only tax filing The allowance is an additional deduction of 30% of the property's depreciable basis. Free state only tax filing To figure the depreciable basis, you must first multiply the property's cost or other basis by the percentage of business/investment use and then reduce that amount by any section 179 deduction and certain other deductions and credits for the property. Free state only tax filing See What Is the Basis for Depreciation? on page 23 in Publication 946 for more information on figuring depreciable basis. Free state only tax filing The allowance is deductible for both regular tax and alternative minimum tax (AMT) purposes. Free state only tax filing There is no AMT adjustment required for any depreciation figured on the remaining basis of the property. Free state only tax filing In the year you claim the allowance (generally the year you place the property in service), you must reduce the depreciable basis of the property by the allowance before figuring your regular depreciation deduction. Free state only tax filing You cannot claim the special Liberty Zone depreciation allowance for property eligible for the special depreciation allowance explained earlier in Qualified Property under Special Depreciation Allowance. Free state only tax filing Qualified property is eligible for only one special depreciation allowance. Free state only tax filing Example 1. Free state only tax filing On November 1, 2001, you bought and placed in service in your business, which is in the Liberty Zone, qualified Liberty Zone property that cost $200,000. Free state only tax filing You did not elect to claim a section 179 deduction. Free state only tax filing You can deduct 30% of the cost ($60,000) as a special Liberty Zone depreciation allowance for 2001. Free state only tax filing You use the remaining $140,000 of cost to figure your regular depreciation deduction for 2001 and later years. Free state only tax filing Example 2. Free state only tax filing The facts are the same as in Example 1, except that you choose to deduct $59,000 of the property's cost as a section 179 deduction. Free state only tax filing (See Increased Section 179 Deduction, later, for information concerning how this section 179 deduction amount is figured). Free state only tax filing You use the remaining $141,000 of cost to figure your special Liberty Zone depreciation allowance of $42,300 ($141,000 × 30%). Free state only tax filing You use the remaining $98,700 of cost to figure your regular depreciation deduction for 2001 and later years. Free state only tax filing Qualified Liberty Zone Property For a 2001 calendar or fiscal year and a 2000 fiscal year that ends after September 10, 2001, property qualifies for the special Liberty Zone depreciation allowance if it meets the following requirements. Free state only tax filing It is one of the following types of property. Free state only tax filing Used property depreciated under MACRS with a recovery period of 20 years or less. Free state only tax filing See Can You Use MACRS To Depreciate Your Property and Which Recovery Period Applies? on pages 7 and 23, respectively, in Publication 946. Free state only tax filing Used water utility property. Free state only tax filing See 25-year property on page 22 in Publication 946. Free state only tax filing Used computer software that is not a section 197 intangible as described in Computer software on page 5 in Publication 946. Free state only tax filing (The cost of some computer software is treated as part of the cost of hardware and is depreciated under MACRS. Free state only tax filing ) Certain nonresidential real property and residential rental property (defined later). Free state only tax filing It meets the following tests (explained later under Tests to be met). Free state only tax filing Acquisition date test. Free state only tax filing Placed in service date test. Free state only tax filing Substantial use test. Free state only tax filing Original use test. Free state only tax filing It is not excepted property (explained later under Excepted property). Free state only tax filing Nonresidential real property and residential rental property. Free state only tax filing   This property is qualifying property only to the extent it rehabilitates real property damaged, or replaces real property destroyed or condemned, as a result of the terrorist attack of September 11, 2001. Free state only tax filing Property is treated as replacing destroyed or condemned property if, as part of an integrated plan, such property replaces real property included in a continuous area that includes real property destroyed or condemned. Free state only tax filing   For these purposes, real property is considered destroyed (or condemned) only if an entire building or structure was destroyed (or condemned) as a result of the terrorist attack. Free state only tax filing Otherwise, the property is considered damaged real property. Free state only tax filing For example, if certain structural components of a building (such as walls, floors, or plumbing fixtures) are damaged or destroyed as a result of the terrorist attack, but the building is not destroyed (or condemned), then only costs related to replacing the damaged or destroyed structural components qualify for the special Liberty Zone depreciation allowance. Free state only tax filing Tests to be met. Free state only tax filing   To qualify for the special Liberty Zone depreciation allowance, your property must meet all of the following tests. Free state only tax filing Acquisition date test. Free state only tax filing   You must have acquired the property by purchase after September 10, 2001, and there must not have been a binding written contract for the acquisition in effect before September 11, 2001. Free state only tax filing   For information on the acquisition of property by purchase, see Property Acquired by Purchase on page 15 of Publication 946. Free state only tax filing   Property you manufacture, construct, or produce for your own use meets this test if you began the manufacture, construction, or production of the property after September 10, 2001. Free state only tax filing Placed in service date test. Free state only tax filing   Generally, the property must be placed in service for use in your trade or business or for the production of income before January 1, 2007 (January 1, 2010, in the case of qualifying nonresidential real property and residential rental property). Free state only tax filing   If you sold property you placed in service after September 10, 2001, and you leased it back within 3 months after the property was originally placed in service, the property is treated as placed in service no earlier than the date it is used under the leaseback. Free state only tax filing Substantial use test. Free state only tax filing   Substantially all use of the property must be in the Liberty Zone and in the active conduct of your trade or business in the Liberty Zone. Free state only tax filing Original use test. Free state only tax filing   The original use of the property in the Liberty Zone must have begun with you after September 10, 2001. Free state only tax filing   Used property can be qualified Liberty Zone property if it has not previously been used within the Liberty Zone. Free state only tax filing Also, additional capital expenditures you incurred after September 10, 2001, to recondition or rebuild your property meet the original use test if the original use of the property in the Liberty Zone began with you. Free state only tax filing Excepted property. Free state only tax filing   The following property does not qualify for the special Liberty Zone depreciation allowance. Free state only tax filing Property eligible for the special depreciation allowance explained earlier in Qualified Property under Special Depreciation Allowance. Free state only tax filing Property required to be depreciated using ADS. Free state only tax filing This includes listed property used 50% or less in a qualified business use. Free state only tax filing Qualified New York Liberty Zone leasehold improvement property (defined earlier in Excepted Property under Special Depreciation Allowance). Free state only tax filing Example. Free state only tax filing In December 2001, you bought and placed in service in your business in the Liberty Zone the following property. Free state only tax filing New office furniture with a MACRS recovery period of 7 years. Free state only tax filing A used computer with a MACRS recovery period of 5 years. Free state only tax filing The computer had not previously been used within the Liberty Zone. Free state only tax filing Because the office furniture is new property, it qualifies for the special depreciation allowance, but not the special Liberty Zone depreciation allowance. Free state only tax filing Because the computer is used property that had not previously been used in the Liberty Zone, it qualifies for the special Liberty Zone depreciation allowance, but not the special depreciation allowance. Free state only tax filing Election Not To Claim the Liberty Zone Allowance You can elect not to claim the special Liberty Zone depreciation allowance for qualified property. Free state only tax filing If you make this election for any property, it applies to all property in the same property class placed in service during the year. Free state only tax filing To make this election, attach a statement to your return indicating you elect not to claim the allowance and the class of property for which you are making the election. Free state only tax filing When to make the election. Free state only tax filing   Generally, you must make the election on a timely filed tax return (including extensions) for the year in which you place the property in service. Free state only tax filing   However, if you timely filed your return for the year without making the election, you can still make the election by filing an amended return within 6 months of the due date of the original return (not including extensions). Free state only tax filing Attach the election statement to the amended return. Free state only tax filing At the top of the election statement, write “Filed pursuant to section 301. Free state only tax filing 9100–2. Free state only tax filing ” Revoking an election. Free state only tax filing   Once you elect not to deduct the special Liberty Zone depreciation allowance for a class of property, you cannot revoke the election without IRS consent. Free state only tax filing A request to revoke the election is subject to a user fee. Free state only tax filing Returns filed before June 1, 2002. Free state only tax filing   The rules that apply to the special depreciation allowance discussed earlier in Rules for Returns Filed Before June 1, 2002 under Special Depreciation Allowance also apply to the special Liberty Zone depreciation allowance. Free state only tax filing Increased Section 179 Deduction Under section 179 of the Internal Revenue Code, you can choose to recover all or part of the cost of certain qualifying property, up to a limit, by deducting it in the year you place the property in service. Free state only tax filing For tax years beginning in 2000, that limit was $20,000. Free state only tax filing For tax years beginning in 2001 and 2002, that limit is generally $24,000. Free state only tax filing If the cost of qualifying section 179 property placed in service in a year is over $200,000, you must reduce the dollar limit (but not below zero) by the amount of the cost over $200,000. Free state only tax filing Increased Dollar Limit The dollar limit on the section 179 deduction is increased for certain property placed in service in the Liberty Zone. Free state only tax filing The increase is the smaller of the following amounts. Free state only tax filing $35,000. Free state only tax filing The cost of section 179 property that is qualified Liberty Zone property placed in service during the year. Free state only tax filing If you use the revised 2001 Form 4562 (dated March 2002) for a tax year beginning in 2000, you must reduce the section 179 dollar limit to $20,000 before adding the additional amount for qualified property. Free state only tax filing Qualified property. Free state only tax filing   To qualify for the increased section 179 deduction, your property must be section 179 property that is either: Qualified Liberty Zone property, or Property that would be qualified Liberty Zone property except that it is eligible for the special depreciation allowance. Free state only tax filing Qualified Liberty Zone property is explained earlier in Qualified Liberty Zone Property under Special Liberty Zone Depreciation Allowance. Free state only tax filing Property eligible for the special depreciation allowance is explained earlier in Qualified Property under Special Depreciation Allowance. Free state only tax filing For information on the requirements that must be met for property to qualify for the section 179 deduction, see What Property Qualifies? on page 14 of Publication 946. Free state only tax filing Example 1. Free state only tax filing In 2002, you place in service in your business, which is in the Liberty Zone, qualified property (defined earlier) costing $25,000. Free state only tax filing Because this cost is less than $35,000, the dollar limit on the section 179 deduction is increased by $25,000 to $49,000 ($24,000 + $25,000). Free state only tax filing Example 2. Free state only tax filing In 2002, you place in service in your business, which is in the Liberty Zone, qualified property (defined earlier) costing $75,000. Free state only tax filing Because $35,000 is less than the cost of the property you place in service, the dollar limit on the section 179 deduction you can claim is increased by $35,000 to $59,000 ($24,000 + $35,000). Free state only tax filing Reduced Dollar Limit Generally, you must reduce the dollar limit for a year by the cost of qualifying section 179 property placed in service in the year that is more than $200,000. Free state only tax filing However, if the cost of your Liberty Zone property exceeds $200,000, you take into account only 50% (instead of 100%) of the cost of qualified property placed in service in a year. Free state only tax filing Example. Free state only tax filing In 2002, you place in service in your business, which is in the Liberty Zone, qualified property costing $460,000. Free state only tax filing Your increased dollar limit is $59,000 ($35,000 + $24,000). Free state only tax filing Because 50% of the cost of the property you place in service ($230,000) is $30,000 more than $200,000, you must reduce your $59,000 dollar limit to $29,000 ($59,000 - $30,000). Free state only tax filing Recapture Rules Rules similar to those explained on page 20 of Publication 946 under When Must You Recapture the Deduction? apply with respect to any qualified property you stop using in the Liberty Zone. Free state only tax filing Returns Filed Before June 1, 2002 If you filed a return before June 1, 2002, and did not deduct the increased section 179 amount for qualified property placed in service after September 10, 2001, you can deduct the increased amount by filing an amended return by the due date (not including extensions) of the return for the year after the year the property was placed in service. Free state only tax filing This rule applies to returns for the following years. Free state only tax filing 2000 fiscal years that end after September 10, 2001. Free state only tax filing 2001 calendar and fiscal years. Free state only tax filing On the amended return, write “Filed Pursuant to Rev. Free state only tax filing Proc. Free state only tax filing 2002–33. Free state only tax filing ” Liberty Zone Leasehold Improvement Property Qualified Liberty Zone leasehold improvement property (described earlier in Qualified Property under Special Depreciation Allowance) is 5-year property. Free state only tax filing This means that it is depreciated over a recovery period of 5 years. Free state only tax filing For information about recovery periods, see Which Recovery Period Applies? on page 23 of Publication 946. Free state only tax filing The straight-line method must be used with respect to qualified Liberty Zone leasehold improvement property. Free state only tax filing Under ADS, the recovery period for qualified Liberty Zone leasehold improvement property is 9 years. Free state only tax filing Returns Filed Before June 1, 2002 If you filed either of the following returns before June 1, 2002, and did not depreciate qualified Liberty Zone leasehold improvement property placed in service during the tax year as 5-year property using the straight line method, you should file an amended return before you file your return for the year after the year the property was placed in service. Free state only tax filing Your 2000 fiscal year return (for a 2000 fiscal year that ends after September 10, 2001). Free state only tax filing Your 2001 calendar or fiscal year return. Free state only tax filing On the amended return, write “Filed Pursuant to Rev. Free state only tax filing Proc. Free state only tax filing 2002–33. Free state only tax filing ” Table 2. Free state only tax filing Rules for Returns Filed Before June 1, 2002 Note:This chart highlights the rules for returns affected by the Job Creation and Worker Assistance Act of 2002 that were filed before June 1, 2002, without accounting for any of the new benefits under the law. Free state only tax filing See the text for definitions and examples. Free state only tax filing Do not rely on this chart alone. Free state only tax filing IF you want to. Free state only tax filing . Free state only tax filing . Free state only tax filing THEN you. Free state only tax filing . Free state only tax filing . Free state only tax filing BY. Free state only tax filing . Free state only tax filing . Free state only tax filing claim the special depreciation allowance or special Liberty Zone depreciation allowance • must file an amended return • the due date (not including extensions) of your return for the year after the year the property was placed in service, or • must file Form 3115, Application for Change in Accounting Method, with your return for the year after the year the property was placed in service • the due date (including extensions) of your return for the year after the year the property was placed in service, and • must file a copy of your completed Form 3115 with the IRS National Office • the date you file the original Form 3115 with your return for the year after the year the property was placed in service. Free state only tax filing elect not to claim the special depreciation allowance or the special Liberty Zone depreciation allowance 1 • must have filed your return timely for the year the property was placed in service, and   • must file an amended return stating you are not claiming the allowance • the date that is 6 months after the due date of the original return (not including extensions). Free state only tax filing deduct the increased section 179 amount • must file an amended return • the due date (not including extensions) of your return for the year after the year the property was placed in service. Free state only tax filing use a 5-year recovery period for depreciating qualified Liberty Zone leasehold improvement property • should file an amended return • the date you file your return for the year after the year the property was placed in service. Free state only tax filing 1See also Deemed election under Rules for Returns Filed Before June 1, 2002, earlier. 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