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Free state tax preparation software Publication 4492 - Main Contents Table of Contents DefinitionsHurricane Katrina Disaster Area Katrina Covered Disaster Area Gulf Opportunity (GO) Zone (Core Disaster Area) Hurricane Rita Disaster Area (Rita Covered Disaster Area) Rita GO Zone Hurricane Wilma Disaster Area Wilma Covered Disaster Area Wilma GO Zone Extended Tax Deadlines Charitable Giving IncentivesTemporary Suspension of Limits on Charitable Contributions Standard Mileage Rate for Charitable Use of Vehicles Mileage Reimbursements to Charitable Volunteers Charitable Deduction for Contributions of Food Inventory Charitable Deduction for Contributions of Book Inventories to Public Schools Casualty and Theft LossesTime limit for making election. Free state tax preparation software Replacement Period for Nonrecognition of Gain Net Operating Losses IRAs and Other Retirement PlansDefinitions Taxation of Qualified Hurricane Distributions Repayment of Qualified Hurricane Distributions Repayment of Qualified Distributions for the Purchase or Construction of a Main Home Loans From Qualified Plans Additional Tax Relief for IndividualsEarned Income Credit and Child Tax Credit Additional Exemption for Housing Individuals Displaced by Hurricane Katrina Education Credits Recapture of Federal Mortgage Subsidy Exclusion of Certain Cancellations of Indebtedness by Reason of Hurricane Katrina Tax Relief for Temporary Relocation Additional Tax Relief for BusinessesSpecial Depreciation Allowance Increased Section 179 Deduction Work Opportunity Credit Employee Retention Credit Hurricane Katrina Housing Credit Reforestation Costs Demolition and Clean-up Costs Increase in Rehabilitation Tax Credit Request for Copy or Transcript of Tax Return How To Get Tax Help Definitions The following definitions are used throughout this publication. Free state tax preparation software Hurricane Katrina Disaster Area The Hurricane Katrina disaster area covers the area for which the President declared a major disaster before September 14, 2005, because of Hurricane Katrina. Free state tax preparation software The Hurricane Katrina disaster area covers the entire states of Alabama, Florida, Louisiana, and Mississippi. Free state tax preparation software Katrina Covered Disaster Area A portion of the Hurricane Katrina disaster area has been designated by the IRS as a covered disaster area. Free state tax preparation software The Katrina covered disaster area covers the following areas in four states. Free state tax preparation software Alabama. Free state tax preparation software   The counties of Baldwin, Bibb, Choctaw, Clarke, Colbert, Cullman, Greene, Hale, Jefferson, Lamar, Lauderdale, Marengo, Marion, Mobile, Monroe, Perry, Pickens, Sumter, Tuscaloosa, Washington, Wilcox, and Winston. Free state tax preparation software Florida. Free state tax preparation software   The counties of Bay, Broward, Collier, Escambia, Franklin, Gulf, Miami-Dade, Monroe, Okaloosa, Santa Rosa, and Walton. Free state tax preparation software Louisiana. Free state tax preparation software   All parishes. Free state tax preparation software Mississippi. Free state tax preparation software   All counties. Free state tax preparation software Gulf Opportunity (GO) Zone (Core Disaster Area) The GO Zone (also called the core disaster area) covers the portion of the Hurricane Katrina disaster area determined by the Federal Emergency Management Agency (FEMA) to be eligible for either individual only or both individual and public assistance from the Federal Government. Free state tax preparation software The GO Zone covers the following areas in three states. Free state tax preparation software Alabama. Free state tax preparation software   The counties of Baldwin, Choctaw, Clarke, Greene, Hale, Marengo, Mobile, Pickens, Sumter, Tuscaloosa, and Washington. Free state tax preparation software Louisiana. Free state tax preparation software   The parishes of Acadia, Ascension, Assumption, Calcasieu, Cameron, East Baton Rouge, East Feliciana, Iberia, Iberville, Jefferson, Jefferson Davis, Lafayette, Lafourche, Livingston, Orleans, Plaquemines, Pointe Coupee, St. Free state tax preparation software Bernard, St. Free state tax preparation software Charles, St. Free state tax preparation software Helena, St. Free state tax preparation software James, St. Free state tax preparation software John the Baptist, St. Free state tax preparation software Martin, St. Free state tax preparation software Mary, St. Free state tax preparation software Tammany, Tangipahoa, Terrebonne, Vermilion, Washington, West Baton Rouge, and West Feliciana. Free state tax preparation software Mississippi. Free state tax preparation software   The counties of Adams, Amite, Attala, Choctaw, Claiborne, Clarke, Copiah, Covington, Forrest, Franklin, George, Greene, Hancock, Harrison, Hinds, Holmes, Humphreys, Jackson, Jasper, Jefferson, Jefferson Davis, Jones, Kemper, Lamar, Lauderdale, Lawrence, Leake, Lincoln, Lowndes, Madison, Marion, Neshoba, Newton, Noxubee, Oktibbeha, Pearl River, Perry, Pike, Rankin, Scott, Simpson, Smith, Stone, Walthall, Warren, Wayne, Wilkinson, Winston, and Yazoo. Free state tax preparation software Hurricane Rita Disaster Area (Rita Covered Disaster Area) The Hurricane Rita disaster area (also designated by the IRS as the Rita covered disaster area) covers the area for which the President declared a major disaster before October 6, 2005, because of Hurricane Rita. Free state tax preparation software This area covers the entire states of Louisiana and Texas. Free state tax preparation software Rita GO Zone The Rita GO Zone covers the portion of the Hurricane Rita disaster area determined by FEMA to be eligible for either individual only or both individual and public assistance from the Federal Government. Free state tax preparation software The Rita GO Zone covers the following areas in two states. Free state tax preparation software Louisiana. Free state tax preparation software   The parishes of Acadia, Allen, Ascension, Beauregard, Calcasieu, Cameron, Evangeline, Iberia, Jefferson, Jefferson Davis, Lafayette, Lafourche, Livingston, Plaquemines, Sabine, St. Free state tax preparation software Landry, St. Free state tax preparation software Martin, St. Free state tax preparation software Mary, St. Free state tax preparation software Tammany, Terrebonne, Vermilion, Vernon, and West Baton Rouge. Free state tax preparation software Texas. Free state tax preparation software   The counties of Angelina, Brazoria, Chambers, Fort Bend, Galveston, Hardin, Harris, Jasper, Jefferson, Liberty, Montgomery, Nacogdoches, Newton, Orange, Polk, Sabine, San Augustine, San Jacinto, Shelby, Trinity, Tyler, and Walker. Free state tax preparation software Hurricane Wilma Disaster Area The Hurricane Wilma disaster area covers the area for which the President declared a major disaster before November 14, 2005, because of Hurricane Wilma. Free state tax preparation software The Hurricane Wilma disaster area covers the entire state of Florida. Free state tax preparation software Wilma Covered Disaster Area A portion of the Hurricane Wilma disaster area has been designated by the IRS as a covered disaster area. Free state tax preparation software The Wilma covered disaster area covers the following counties. Free state tax preparation software Florida. Free state tax preparation software   Brevard, Broward, Charlotte, Collier, DeSoto, Glades, Hardee, Hendry, Highlands, Indian River, Lee, Martin, Miami-Dade, Monroe, Okeechobee, Osceola, Palm Beach, Polk, St. Free state tax preparation software Lucie, and Sarasota. Free state tax preparation software Wilma GO Zone The Wilma GO Zone covers the portion of the Hurricane Wilma disaster area determined by FEMA to be eligible for either individual only or both individual and public assistance from the Federal Government. Free state tax preparation software The Wilma GO Zone covers the following counties. Free state tax preparation software Florida. Free state tax preparation software   Brevard, Broward, Collier, Glades, Hendry, Indian River, Lee, Martin, Miami-Dade, Monroe, Okeechobee, Palm Beach, and St. Free state tax preparation software Lucie. Free state tax preparation software Extended Tax Deadlines The IRS has extended deadlines that apply to filing returns, paying taxes, and performing certain other time-sensitive acts for certain taxpayers affected by Hurricane Katrina, Rita, or Wilma, until February 28, 2006. Free state tax preparation software The extension applies to deadlines (either an original or extended due date) that occur during the following periods. Free state tax preparation software After August 28, 2005 (August 23, 2005, for Florida affected taxpayers), and before February 28, 2006, for taxpayers affected by Hurricane Katrina. Free state tax preparation software After September 22, 2005, and before February 28, 2006, for taxpayers affected by Hurricane Rita. Free state tax preparation software After October 22, 2005, and before February 28, 2006, for taxpayers affected by Hurricane Wilma. Free state tax preparation software Affected taxpayer. Free state tax preparation software   The following taxpayers are eligible for the extension. Free state tax preparation software Any individual whose main home is located in a covered disaster area. Free state tax preparation software Any business entity or sole proprietor whose principal place of business is located in a covered disaster area. Free state tax preparation software Any individual, business entity, or sole proprietor whose records needed to meet a postponed deadline are maintained or whose tax professional's office is in a covered disaster area. Free state tax preparation software The main home or principal place of business does not have to be located in the covered area. Free state tax preparation software Any individual visiting a county or parish in the Hurricane Katrina or Hurricane Rita covered disaster area that was injured or killed (and the estate of an individual killed) as a result of the hurricane or its aftermath. Free state tax preparation software Any estate or trust whose tax records needed to meet a filing or payment deadline are maintained in a covered disaster area. Free state tax preparation software Generally, any individual who is a worker assisting in the relief activities in a covered disaster area. Free state tax preparation software However, a relief worker assisting in the Wilma covered disaster area is not an affected taxpayer unless the worker is affiliated with a recognized government or philanthropic organization assisting in the relief activities. Free state tax preparation software The spouse of an affected taxpayer, solely with regard to a joint income tax return with that taxpayer. Free state tax preparation software   To ensure correct processing, affected taxpayers should write the assigned disaster designation (for example, “Hurricane Katrina”) in red ink at the top of any forms or documents filed with the IRS. Free state tax preparation software Affected taxpayers can also identify themselves to the IRS or ask hurricane-related questions by calling the special IRS disaster hotline at 1-866-562-5227. Free state tax preparation software Acts extended. Free state tax preparation software   Deadlines for performing the following acts are extended. Free state tax preparation software Filing any return of income, estate, gift, generation-skipping transfer, excise, or employment tax. Free state tax preparation software Paying any income, estate, gift, generation-skipping transfer, excise, or employment tax. Free state tax preparation software This includes making estimated tax payments. Free state tax preparation software Making certain contributions, distributions, recharacterizing contributions, or making a rollover to or from a qualified retirement plan. Free state tax preparation software Filing certain petitions with the Tax Court. Free state tax preparation software Filing a claim for credit or refund of any tax. Free state tax preparation software Bringing suit upon a claim for credit or refund. Free state tax preparation software Certain other acts described in Revenue Procedure 2005-27. Free state tax preparation software You can find Revenue Procedure 2005-27 on page 1050 of Internal Revenue Bulletin 2005-20 at www. Free state tax preparation software irs. Free state tax preparation software gov/pub/irs-irbs/irb05-20. Free state tax preparation software pdf. Free state tax preparation software Forgiveness of interest and penalties. Free state tax preparation software   The IRS may forgive the interest and penalties on any underpaid income, estate, gift, employment, or excise tax for the length of any extension. Free state tax preparation software Charitable Giving Incentives Temporary Suspension of Limits on Charitable Contributions Individuals. Free state tax preparation software   Qualified contributions are not subject to the overall limit on itemized deductions or the 50% adjusted gross income (AGI) limit. Free state tax preparation software A qualified contribution is a charitable contribution paid in cash or by check after August 27, 2005, and before January 1, 2006, to a 50% limit organization (other than certain private foundations described in section 509(a)(3)) if you make an election to have the 50% limit not apply to these contributions. Free state tax preparation software   Your deduction for qualified contributions is limited to your AGI minus your deduction for all other charitable contributions. Free state tax preparation software You can carry over any contributions you are not able to deduct for 2005 because of this limit. Free state tax preparation software In 2006, treat the carryover of your unused qualified contributions as a carryover of contributions subject to the 50% limit. Free state tax preparation software Exception. Free state tax preparation software   Qualified contributions do not include a contribution to a segregated fund or account for which you (or any person you appoint or designate) have or expect to have advisory privileges with respect to distributions or investments based on your contribution. Free state tax preparation software Corporations. Free state tax preparation software   A corporation may elect to deduct qualified cash contributions without regard to the 10% taxable income limit if the contributions were made after August 27, 2005, and before January 1, 2006, to a qualified charitable organization (other than certain private foundations described in section 509(a)(3)), for Hurricane Katrina, Rita, or Wilma relief efforts. Free state tax preparation software The corporation's deduction for these qualified contributions is limited to 100% of taxable income (as modified for the 10% limit) minus the corporation's deduction for all other charitable contributions. Free state tax preparation software Any qualified contributions over this limit can be carried over to the next 5 years, subject to the 10% limit. Free state tax preparation software Partners and shareholders. Free state tax preparation software   Each partner in a partnership and each shareholder in an S corporation makes a separate election to have the appropriate limit not apply. Free state tax preparation software More information. Free state tax preparation software   For more information, see Publication 526 or Publication 542, Corporations. Free state tax preparation software Publication 526 includes a worksheet you can use to figure your deduction if any limits apply to your charitable contributions. Free state tax preparation software Standard Mileage Rate for Charitable Use of Vehicles The following are special standard mileage rates in effect in 2005 and 2006 for the cost of operating your automobile for providing charitable services solely related to Hurricane Katrina. Free state tax preparation software 29 cents per mile for the period August 25 through August 31, 2005. Free state tax preparation software 34 cents per mile for the period September 1 through December 31, 2005. Free state tax preparation software 32 cents per mile for the period January 1 through December 31, 2006. Free state tax preparation software Mileage Reimbursements to Charitable Volunteers You can exclude from income amounts you receive as mileage reimbursements for the use of a private passenger automobile for the benefit of a qualified charitable organization in providing relief related to Hurricane Katrina during the period beginning on August 25, 2005, and ending on December 31, 2006. Free state tax preparation software You cannot claim a deduction or credit for amounts you receive as a mileage reimbursement. Free state tax preparation software You must keep records of miles driven, time, place (or use), and purpose of the mileage. Free state tax preparation software The amount you can exclude from income cannot exceed the standard business mileage rate (shown below) for expenses incurred during the following periods. Free state tax preparation software 40. Free state tax preparation software 5 cents per mile for the period August 25 through August 31, 2005. Free state tax preparation software 48. Free state tax preparation software 5 cents per mile for the period September 1 through December 31, 2005. Free state tax preparation software 44. Free state tax preparation software 5 cents per mile for the period January 1 through December 31, 2006. Free state tax preparation software Charitable Deduction for Contributions of Food Inventory Any taxpayer engaged in a trade or business is eligible to claim a deduction for a contribution of “apparently wholesome food” inventory to a qualified charitable organization described in section 501(c)(3) (except for private nonoperating foundations) after August 27, 2005, and before January 1, 2006. Free state tax preparation software “Apparently wholesome food” is food that meets all quality and labeling standards imposed by federal, state, and local laws and regulations even though the food may not be readily marketable due to appearance, age, freshness, grade, size, surplus, or other conditions. Free state tax preparation software The deduction is equal to the lesser of: The basis of the donated food plus one-half of the gain that would have been realized if the donated food had been sold at fair market value on the date of the donation, or Two times the basis of the donated food. Free state tax preparation software The taxpayer must receive written certification from the donee stating: The donated food is related to the purpose or function of the donee's basis for exemption under section 501(c)(3) and is to be used solely for the care of the ill, the needy, or infants; and The food was not given in exchange for money, other property, or services. Free state tax preparation software For a taxpayer other than a C corporation, the deduction is limited to 10% of the taxpayer's total net income from all trades or businesses from which the food contributions were made (figured without regard to the deduction for charitable contributions). Free state tax preparation software For example, if a taxpayer is a sole proprietor, a shareholder in an S corporation, and a partner in a partnership, and each made a contribution of apparently wholesome food inventory, the taxpayer's deduction is limited to 10% of the taxpayer's total net income from the sole proprietorship, S corporation, and partnership (figured without regard to the deduction for charitable contributions). Free state tax preparation software Charitable Deduction for Contributions of Book Inventories to Public Schools A corporation (other than an S corporation) may be allowed a charitable deduction for a qualified book contribution made after August 27, 2005, and before January 1, 2006, to a public school that: Provides elementary or secondary education (kindergarten through grade 12), and Normally maintains a regular faculty and curriculum and has a regular enrolled body of pupils or students in attendance at the place where its educational activities are regularly carried on. Free state tax preparation software . Free state tax preparation software The deduction is equal to the lesser of: The basis of the donated books plus one-half of the gain that would have been realized if the donated books had been sold at fair market value on the date of the donation, or Two times the basis of the donated books. Free state tax preparation software The corporation must receive written certification from the school stating that the donated books are suitable for the organization's educational programs and will be used for such programs. Free state tax preparation software Casualty and Theft Losses The following paragraphs explain changes to casualty and theft losses that were caused by Hurricane Katrina, Rita, or Wilma. Free state tax preparation software For more information, see Publication 547. Free state tax preparation software Limits on personal casualty or theft losses caused by Hurricane Katrina, Rita, or Wilma. Free state tax preparation software   The following losses to personal use property are not subject to the $100 or 10% of adjusted gross income limits. Free state tax preparation software Losses that arose in the Hurricane Katrina disaster area after August 24, 2005, and that were caused by Hurricane Katrina. Free state tax preparation software Losses that arose in the Hurricane Rita disaster area after September 22, 2005, and that were caused by Hurricane Rita. Free state tax preparation software Losses that arose in the Hurricane Wilma disaster area after October 22, 2005, and that were caused by Hurricane Wilma. Free state tax preparation software Qualifying losses include losses from flooding or other casualty, and from theft, that arose in the hurricane disaster area and that were caused by the hurricane. Free state tax preparation software Special instructions for individuals who elect to claim a Hurricane Katrina, Rita, or Wilma casualty or theft loss for 2004. Free state tax preparation software   Casualty and theft losses are generally deductible only in the year the casualty occurred or theft was discovered. Free state tax preparation software However, Hurricane Katrina, Rita, and Wilma are Presidentially declared disasters. Free state tax preparation software Therefore, you can elect to deduct losses from these hurricanes on your tax return for the previous year. Free state tax preparation software If you make this election, use the following additional instructions to complete your forms. Free state tax preparation software   Individuals filing or amending their 2004 tax return whose only casualty or theft losses to personal use property claimed on that return were caused by Hurricane Katrina, Rita, or Wilma should write “Hurricane Katrina,” “Hurricane Rita,” or “Hurricane Wilma” at the top of Form 1040 or 1040X. Free state tax preparation software They must also complete and attach the 2004 Form 4684 and write “Hurricane Katrina,”“Hurricane Rita,” or “Hurricane Wilma” on the dotted line next to line 11 and enter -0- on lines 11 and 17. Free state tax preparation software   Individuals filing or amending their 2004 tax return who also have casualty or theft losses to personal use property not related to Hurricane Katrina, Rita, or Wilma should disregard the caution directing taxpayers to use only one Form 4684, located above line 13, and complete lines 13 through 18 on two Forms 4684. Free state tax preparation software The Form 1040 or 1040X and the first Form 4684 should be prepared as explained above for Hurricane Katrina, Rita, or Wilma losses only. Free state tax preparation software The second Form 4684 should be prepared in the normal manner for all gains and non-Hurricane Katrina, Rita or Wilma losses. Free state tax preparation software If both Forms 4684 have a loss on line 18, they should carry the combined losses from that line to Schedule A (Form 1040), line 19. Free state tax preparation software If there is a gain on line 15 of the second Form 4684, disregard the instruction to enter it on Schedule D (Form 1040), and instead enter on Schedule A (Form 1040), line 19, the excess of the loss from the first Form 4684 over the gain on line 15 of the second Form 4684. Free state tax preparation software , Time limit for making election. Free state tax preparation software   You must make this election to claim your casualty or theft loss in 2004 by the later of the following dates. Free state tax preparation software The due date (without extensions) for filing your 2005 income tax return. Free state tax preparation software The due date (with extensions) for filing your 2004 income tax return. Free state tax preparation software Example. Free state tax preparation software If you are a calendar year individual taxpayer, you have until April 17, 2006, to amend your 2004 tax return to claim a casualty or theft loss that occurred during 2005. Free state tax preparation software Replacement Period for Nonrecognition of Gain Generally, an involuntary conversion occurs when property is damaged, destroyed, stolen, seized, requisitioned, or condemned, and you receive other property or money in payment, such as insurance or a condemnation award. Free state tax preparation software Generally, you do not have to report a gain (if any) if you replace the property within 2 years (4 years for a main home in a Presidentially declared disaster area). Free state tax preparation software However, for property that was involuntarily converted after August 24, 2005, as a result of Hurricane Katrina, a 5-year replacement period applies if substantially all of the use of the replacement property is in the Hurricane Katrina disaster area. Free state tax preparation software For more information, see the Instructions for Form 4684. Free state tax preparation software Net Operating Losses Qualified GO Zone loss. Free state tax preparation software   Generally, you can carry a net operating loss (NOL) back to the 2 tax years before the NOL year. Free state tax preparation software However, the portion of an NOL that is a qualified GO Zone loss can be carried back to the 5 tax years before the NOL year. Free state tax preparation software In addition, the 90% limit on the alternative tax NOL deduction (ATNOLD) does not apply to such portion of the ATNOLD. Free state tax preparation software   A qualified GO Zone loss is the smaller of: The excess of the NOL for the year over the specified liability loss for the year to which a 10-year carryback applies, or The total of the following deductions (to the extent they are taken into account in computing the NOL for the tax year): Qualified GO Zone casualty loss (as defined below), Moving expenses paid or incurred after August 27, 2005, and before January 1, 2008, for the employment of an individual whose main home was in the GO Zone before August 28, 2005, who was unable to remain in that home because of Hurricane Katrina, and whose main job location (after the move) is in the GO Zone, Temporary housing expenses paid or incurred after August 27, 2005, and before January 1, 2008, to house employees of the taxpayer whose main job location is in the GO Zone, Depreciation or amortization allowable for any qualified GO Zone property (even if you elected not to claim the special GO Zone depreciation allowance for such property) for the year placed in service, and Repair expenses (including expenses for the removal of debris) paid or incurred after August 27, 2005, and before January 1, 2008, for any damage from Hurricane Katrina to property located in the GO Zone. Free state tax preparation software Qualified GO Zone casualty loss. Free state tax preparation software   A qualified GO Zone casualty loss is any deductible section 1231 loss of property located in the GO Zone if the loss was caused by Hurricane Katrina. Free state tax preparation software For this purpose, the amount of the loss is reduced by any recognized gain from an involuntary conversion caused by Hurricane Katrina of property located in the GO Zone. Free state tax preparation software Any such loss taken into account in figuring your qualified GO Zone loss is not eligible for the election to be treated as having occurred in the previous tax year. Free state tax preparation software 5-year NOL carryback of certain timber losses. Free state tax preparation software   Generally, you can carry the portion of an NOL due to income and deductions attributable to a farming business back to the 5 tax years before the NOL year. Free state tax preparation software You can treat income and deductions attributable to qualified timber property as attributable to a farming business if any portion of the property is located in the GO Zone, Rita GO Zone, or Wilma GO Zone, and the income and deductions are allocable to the part of your tax year which is after the applicable date below. Free state tax preparation software August 27, 2005, if any portion of the property is located in the GO Zone. Free state tax preparation software September 22, 2005, if any portion of the property is located in the Rita GO Zone (but not in the GO Zone). Free state tax preparation software October 22, 2005, if any portion of the property is located in the Wilma GO Zone (but not in the GO Zone or the RITA GO Zone). Free state tax preparation software   These rules will not apply after 2006. Free state tax preparation software   However, these rules apply only to a timber producer who: Held qualified timber property (defined in Publication 535, Business Expenses) on the applicable date below: August 28, 2005, if any portion of the property is located in the GO Zone, September 23, 2005, if any portion of the property is located in the Rita GO Zone (but not in the GO Zone), or October 23, 2005, if any portion of the property is located in the Wilma GO Zone (but not in the GO Zone or the Rita GO Zone); Is not a corporation with stock publicly traded on an established securities market; Is not a real estate investment trust; and Did not hold more than 500 acres of qualified timber property on the applicable date above. Free state tax preparation software More information. Free state tax preparation software   For more information on NOLs, see Publication 536 or Publication 542, Corporations. Free state tax preparation software IRAs and Other Retirement Plans New rules provide for tax-favored withdrawals, repayments, and loans from certain retirement plans for taxpayers who suffered economic losses as a result of Hurricane Katrina, Rita, or Wilma. Free state tax preparation software Definitions Qualified hurricane distribution. Free state tax preparation software   A qualified hurricane distribution is any distribution you received from an eligible retirement plan if all of the following apply. Free state tax preparation software The distribution was made: After August 24, 2005, and before January 1, 2007, for Hurricane Katrina; After September 22, 2005, and before January 1, 2007, for Hurricane Rita; or After October 22, 2005, and before January 1, 2007, for Hurricane Wilma. Free state tax preparation software Your main home was located in a hurricane disaster area listed below on the date shown for that area. Free state tax preparation software August 28, 2005, for the Hurricane Katrina disaster area. Free state tax preparation software September 23, 2005, for the Hurricane Rita disaster area. Free state tax preparation software October 23, 2005, for the Hurricane Wilma disaster area. Free state tax preparation software You sustained an economic loss because of Hurricane Katrina, Rita, or Wilma and your main home was in that hurricane disaster area on the date shown in (2) above for that hurricane. Free state tax preparation software Examples of an economic loss include, but are not limited to: Loss, damage to, or destruction of real or personal property from fire, flooding, looting, vandalism, theft, wind, or other cause; Loss related to displacement from your home; or Loss of livelihood due to temporary or permanent layoffs. Free state tax preparation software   If (1) through (3) above apply, you can generally designate any distribution (including periodic payments and required minimum distributions) from an eligible retirement plan as a qualified hurricane distribution, regardless of whether the distribution was made on account of Hurricane Katrina, Rita, or Wilma. Free state tax preparation software Qualified hurricane distributions are permitted without regard to your need or the actual amount of your economic loss. Free state tax preparation software   The total of your qualified hurricane distributions from all plans is limited to $100,000. Free state tax preparation software If you have distributions in excess of $100,000 from more than one type of plan, such as a 401(k) plan and an IRA, you may allocate the $100,000 limit among the plans any way you choose. Free state tax preparation software   A reduction or offset (after August 24, 2005, for Katrina; after September 22, 2005, for Rita; or after October 22, 2005, for Wilma) of your account balance in an eligible retirement plan in order to repay a loan can also be designated as a qualified hurricane distribution. Free state tax preparation software Eligible retirement plan. Free state tax preparation software   An eligible retirement plan can be any of the following. Free state tax preparation software A qualified pension, profit-sharing, or stock bonus plan (including a 401(k) plan). Free state tax preparation software A qualified annuity plan. Free state tax preparation software A tax-sheltered annuity contract. Free state tax preparation software A governmental section 457 deferred compensation plan. Free state tax preparation software A traditional, SEP, SIMPLE, or Roth IRA. Free state tax preparation software Main home. Free state tax preparation software   Generally, your main home is the home where you live most of the time. Free state tax preparation software A temporary absence due to special circumstances, such as illness, education, business, military service, evacuation, or vacation, will not change your main home. Free state tax preparation software Taxation of Qualified Hurricane Distributions Qualified hurricane distributions are included in income in equal amounts over three years. Free state tax preparation software However, if you elect, you can include the entire distribution in your income in the year it was received. Free state tax preparation software Qualified hurricane distributions are not subject to the additional 10% tax (or the additional 25% tax for certain distributions from SIMPLE IRAs) on early distributions from qualified retirement plans (including IRAs). Free state tax preparation software However, any distributions you receive in excess of the $100,000 qualified hurricane distribution limit may be subject to the additional tax on early distributions. Free state tax preparation software For more information, see Form 8915. Free state tax preparation software Repayment of Qualified Hurricane Distributions If you choose, you generally can repay any portion of a qualified hurricane distribution that is eligible for tax-free rollover treatment to an eligible retirement plan. Free state tax preparation software Also, you can repay a qualified hurricane distribution made on account of a hardship from a retirement plan. Free state tax preparation software However, see Exceptions below for qualified hurricane distributions you cannot repay. Free state tax preparation software You have three years from the day after the date you received the distribution to make a repayment. Free state tax preparation software Amounts that are repaid are treated as a qualified rollover and are not included in income. Free state tax preparation software Also, for purposes of the one-rollover-per-year limitation for IRAs, a repayment to an IRA is not considered a qualified rollover. Free state tax preparation software See Form 8915 for more information on how to report repayments. Free state tax preparation software Exceptions. Free state tax preparation software   You cannot repay the following types of distributions. Free state tax preparation software Qualified hurricane distributions received as a beneficiary (other than a surviving spouse). Free state tax preparation software Required minimum distributions. Free state tax preparation software Periodic payments (other than from an IRA) that are for: A period of 10 years or more, Your life or life expectancy, or The joint lives or joint life expectancies of you and your beneficiary. Free state tax preparation software Repayment of Qualified Distributions for the Purchase or Construction of a Main Home If you received a qualified distribution to purchase or construct a main home in the Hurricane Katrina, Rita, or Wilma disaster area, you can repay that distribution before March 1, 2006, to an eligible retirement plan after August 24, 2005 (Katrina); after September 22, 2005 (Rita); or after October 22, 2005 (Wilma). Free state tax preparation software For this purpose, an eligible retirement plan is any plan, annuity, or IRA to which a qualified rollover can be made. Free state tax preparation software To be a qualified distribution, the distribution must meet all of the following requirements. Free state tax preparation software The distribution is a hardship distribution from a 401(k) plan, a hardship distribution from a tax-sheltered annuity contract, or a qualified first-time homebuyer distribution from an IRA. Free state tax preparation software The distribution was received in 2005 after February 28 and before: August 29 for Hurricane Katrina; September 24 for Hurricane Rita; or October 24 for Hurricane Wilma. Free state tax preparation software The distribution was to be used to purchase or construct a main home in the Hurricane Katrina, Rita, or Wilma disaster area that was not purchased or constructed because of Hurricane Katrina, Rita, or Wilma. Free state tax preparation software Amounts that are repaid before March 1, 2006, are treated as a qualified rollover and are not included in income. Free state tax preparation software Also, for purposes of the one-rollover-per-year limitation for IRAs, a repayment to an IRA is not considered a qualified rollover. Free state tax preparation software A qualified distribution not repaid before March 1, 2006, may be taxable for 2005 and subject to the additional 10% tax (or the additional 25% tax for certain SIMPLE IRAs) on early distributions. Free state tax preparation software You must file Form 8915 if you received a qualified distribution that you repaid, in whole or in part, before March 1, 2006. Free state tax preparation software Loans From Qualified Plans The following benefits are available to qualified individuals. Free state tax preparation software Increases to the limits for distributions treated as loans from employer plans. Free state tax preparation software A 1-year suspension for payments due on plan loans. Free state tax preparation software Qualified individual. Free state tax preparation software   You are a qualified individual if any of the following apply. Free state tax preparation software Your main home on August 28, 2005, was located in the Hurricane Katrina disaster area and you had an economic loss because of Hurricane Katrina. Free state tax preparation software Your main home on September 23, 2005, was located in the Hurricane Rita disaster area and you had an economic loss because of Hurricane Rita. Free state tax preparation software Your main home on October 23, 2005, was located in the Hurricane Wilma disaster area and you had an economic loss because of Hurricane Wilma. Free state tax preparation software Examples of an economic loss include, but are not limited to: Loss, damage to, or destruction of real or personal property from fire, flooding, looting, vandalism, theft, wind, or other cause; Loss related to displacement from your home; or Loss of livelihood due to temporary or permanent layoffs. Free state tax preparation software Limits on plan loans. Free state tax preparation software   The $50,000 limit for distributions treated as plan loans is increased to $100,000. Free state tax preparation software In addition, the limit based on 50% of your vested accrued benefit is increased to 100% of that benefit. Free state tax preparation software The higher limits apply only to loans received during the following period. Free state tax preparation software If your main home was located in the Hurricane Katrina disaster area, the period began on September 24, 2005, and ends on December 31, 2006. Free state tax preparation software If your main home was located in the Hurricane Rita or Wilma disaster area, the period began on December 21, 2005, and ends on December 31, 2006. Free state tax preparation software If you are a qualified individual based on Hurricane Katrina and another hurricane, use the period based on Hurricane Katrina. Free state tax preparation software One-year suspension of loan payments. Free state tax preparation software   Payments on plan loans due before 2007 may be suspended for 1 year by the plan administrator. Free state tax preparation software To qualify for the suspension, the due date for any loan payment must occur during the period beginning on: August 28, 2005, if your main home was located in the Hurricane Katrina disaster area. Free state tax preparation software September 23, 2005, if your main home was located in the Hurricane Rita disaster area. Free state tax preparation software October 23, 2005, if your main home was located in the Hurricane Wilma disaster area. Free state tax preparation software If you are a qualified individual based on more than one hurricane, use the period with the earliest beginning date. Free state tax preparation software Additional Tax Relief for Individuals Earned Income Credit and Child Tax Credit You can elect to use your 2004 earned income to figure your earned income credit (EIC) and additional child tax credit for 2005 if: Your 2005 earned income is less than your 2004 earned income, and At least one of the following statements is true. Free state tax preparation software Your main home on August 25, 2005, was in the Gulf Opportunity (GO) Zone. Free state tax preparation software Your main home on August 25, 2005, was in the Hurricane Katrina disaster area and you were displaced from that home because of Hurricane Katrina. Free state tax preparation software Your main home on September 23, 2005, was in the Rita GO Zone. Free state tax preparation software Your main home on September 23, 2005, was in the Hurricane Rita disaster area and you were displaced from that home because of Hurricane Rita. Free state tax preparation software Your main home on October 23, 2005, was in the Wilma GO Zone. Free state tax preparation software Your main home on October 23, 2005, was in the Hurricane Wilma disaster area and you were displaced from that home because of Hurricane Wilma. Free state tax preparation software Earned income. Free state tax preparation software    For the purpose of this election, your earned income for both the EIC and the additional child tax credit is the amount of earned income used to figure your EIC, even if you did not take the EIC and even if that amount is different than your earned income for the additional child tax credit. Free state tax preparation software If you are claiming only the additional child tax credit, you must figure the amount of your earned income for EIC purposes to determine your eligibility to make the election and the amount of the credit. Free state tax preparation software Joint returns. Free state tax preparation software   If you file a joint return, you qualify to make this election even if only one spouse meets the requirements. Free state tax preparation software If you make the election, your 2004 earned income is the sum of your 2004 earned income and your spouse's 2004 earned income. Free state tax preparation software Making the election. Free state tax preparation software   If you make the election to use your 2004 earned income, the election applies for figuring both the EIC and the additional child tax credit. Free state tax preparation software However, you can make the election for the additional child tax credit even if you do not take the EIC. Free state tax preparation software   Electing to use your 2004 earned income may increase or decrease your EIC. Free state tax preparation software Take the following steps to decide whether to make the election. Free state tax preparation software Figure your 2005 EIC using your 2004 earned income. Free state tax preparation software Figure your 2005 additional child tax credit using your 2004 earned income for EIC purposes. Free state tax preparation software Add the results of (1) and (2). Free state tax preparation software Figure your 2005 EIC using your 2005 earned income. Free state tax preparation software Figure your 2005 additional child tax credit using your 2005 earned income for additional child tax credit purposes. Free state tax preparation software Add the results of (4) and (5). Free state tax preparation software Compare the results of (3) and (6). Free state tax preparation software If (3) is larger than (6), it is to your benefit to make the election. Free state tax preparation software If (3) is equal to or smaller than (6), making the election will not help you. Free state tax preparation software   If you elect to use your 2004 earned income and you are claiming the EIC, enter “PYEI” and the amount of your 2004 earned income on the dotted line next to line 66a of Form 1040, on the line next to line 41a of Form 1040A, or in the space to the left of line 8a of Form 1040EZ. Free state tax preparation software   If you elect to use your 2004 earned income and you are claiming the additional child tax credit, enter your 2004 earned income for EIC purposes (even if you did not claim the EIC) on Form 8812, Additional Child Tax Credit, line 4a, and check the box on that line. Free state tax preparation software   Because Form 8812 was released before the GO Zone legislation was enacted, the instructions refer only to individuals whose main home was in the Hurricane Katrina disaster area. Free state tax preparation software When completing Form 8812, line 4a, use the above rules to determine your eligibility to make the election (instead of the Form 8812 instructions). Free state tax preparation software Getting your 2004 tax return information. Free state tax preparation software   If you do not have your 2004 tax records, you can get the amount of earned income used to figure your 2004 EIC by calling 1-866-562-5227. Free state tax preparation software You can also get this information by visiting the IRS website at www. Free state tax preparation software irs. Free state tax preparation software gov. Free state tax preparation software   If you prefer to figure your 2004 earned income yourself, copies or transcripts of your filed and processed tax returns can help you reconstruct your tax records. Free state tax preparation software See Request for Copy or Transcript of Tax Return on page 16. Free state tax preparation software Additional Exemption for Housing Individuals Displaced by Hurricane Katrina You may be able to claim an additional exemption amount of $500 for providing housing in your main home for each individual displaced by Hurricane Katrina. Free state tax preparation software The additional exemption amount is claimed on new Form 8914. Free state tax preparation software The additional exemption amount is allowable once per taxpayer for a specific individual in 2005 or 2006, but not in both years. Free state tax preparation software The maximum additional exemption amount you can claim for all displaced individuals is $2,000 ($1,000 if married filing separately). Free state tax preparation software The additional exemption amount you claim for displaced individuals in 2005 will reduce the $2,000 maximum for 2006. Free state tax preparation software If two or more taxpayers share the same main home, only one taxpayer in that main home can claim the additional exemption amount for a specific displaced individual. Free state tax preparation software If married filing separately, only one spouse may claim the additional exemption amount for a specific displaced individual. Free state tax preparation software In order for you to be considered to have provided housing, you must have a legal interest in the main home (that is, own or rent the home). Free state tax preparation software To qualify as a displaced individual, the individual: Must have had his or her main home in the Hurricane Katrina disaster area on August 28, 2005, and he or she must have been displaced from that home. Free state tax preparation software If the individual's main home was located outside the core disaster area, that home must have been damaged by Hurricane Katrina or the individual must have been evacuated from that home because of Hurricane Katrina, Must have been provided housing in your main home for a period of at least 60 consecutive days ending in the tax year in which the exemption is claimed, and Cannot be your spouse or dependent. Free state tax preparation software You cannot claim the additional exemption amount if you received rent (or any other amount) from any source for providing the housing. Free state tax preparation software You are permitted to receive payments or reimbursements that do not relate to normal housing costs, including the following. Free state tax preparation software Food, clothing, or personal items consumed or used by the displaced individual. Free state tax preparation software Reimbursement for the cost of any long distance telephone calls made by the displaced individual. Free state tax preparation software Reimbursement for the cost of gasoline for the displaced individual's use of your vehicle. Free state tax preparation software However, you cannot claim the additional exemption amount if you received any reimbursement for the extra costs of heat, electricity, or water used by the displaced individual. Free state tax preparation software Also, you must report on Form 8914 the displaced individual's social security number or individual taxpayer identification number to claim an additional exemption amount. Free state tax preparation software For more information, see Form 8914. Free state tax preparation software Education Credits The education credits have been expanded for students attending an eligible educational institution located in the Gulf Opportunity Zone (GOZ students) for any tax year beginning in 2005 or 2006. Free state tax preparation software The Hope credit for a GOZ student is increased to 100% of the first $2,000 in qualified education expenses and 50% of the next $2,000 of qualified education expenses for a maximum credit of $3,000 per student. Free state tax preparation software The lifetime learning credit rate for a GOZ student is increased from 20% to 40%. Free state tax preparation software The definition of qualified education expenses for a GOZ student also has been expanded. Free state tax preparation software In addition to tuition and fees required for the student's enrollment or attendance at an eligible educational institution, qualified education expenses for a GOZ student include the following. Free state tax preparation software Books, supplies, and equipment required for enrollment or attendance at an eligible educational institution. Free state tax preparation software For a special needs student, expenses that are necessary for that person's enrollment or attendance at an eligible educational institution. Free state tax preparation software For a student who is at least a half-time student, the reasonable costs of room and board, but only to the extent that the costs are not more than the greater of the following two amounts. Free state tax preparation software The allowance for room and board, as determined by the eligible educational institution, that was included in the cost of attendance (for federal financial aid purposes) for a particular academic period and living arrangement of the student. Free state tax preparation software The actual amount charged if the student is residing in housing owned or operated by the eligible educational institution. Free state tax preparation software You will need to contact the eligible educational institution for qualified room and board costs. Free state tax preparation software For more information, see Form 8863. Free state tax preparation software Recapture of Federal Mortgage Subsidy Generally, if you financed your home under a federally subsidized program (loans from tax-exempt qualified mortgage bonds or loans with mortgage credit certificates), you may have to recapture all or part of the benefit you received from that program when you sell or otherwise dispose of your home. Free state tax preparation software However, you do not have to recapture any benefit if your mortgage loan was a qualified home improvement loan of not more than $15,000. Free state tax preparation software This amount is increased to $150,000 if the loan was provided before 2011 and was used to: Repair damage caused by Hurricane Katrina to a residence in the Hurricane Katrina disaster area, or Alter, repair, or improve an existing owner-occupied residence in the GO Zone, Rita GO Zone, or Wilma GO Zone. Free state tax preparation software Exclusion of Certain Cancellations of Indebtedness by Reason of Hurricane Katrina Generally, discharges of nonbusiness debts (such as mortgages) made after August 24, 2005, and before January 1, 2007, are excluded from income for individuals whose main home was in the Hurricane Katrina disaster area on August 25, 2005. Free state tax preparation software If the individual's main home was located outside the core disaster area, the individual also must have had an economic loss because of Hurricane Katrina. Free state tax preparation software Examples of an economic loss include, but are not limited to: Loss, damage to, or destruction of real or personal property from fire, flooding, looting, vandalism, theft, wind, or other cause; Loss related to displacement from your home; or Loss of livelihood due to temporary or permanent layoffs. Free state tax preparation software This relief does not apply to any debt secured by real property located outside the Hurricane Katrina disaster area. Free state tax preparation software You may also have to reduce certain tax attributes by the amount excluded. Free state tax preparation software For more information, see Form 982, Reduction of Tax Attributes Due to Discharge of Indebtedness (and Section 1082 Basis Adjustment). Free state tax preparation software Tax Relief for Temporary Relocation Under the Gulf Opportunity Zone Act of 2005, the IRS may adjust the internal revenue laws to ensure that taxpayers do not lose a deduction or credit or experience a change of filing status in 2005 or 2006 as a result of a temporary relocation caused by Hurricane Katrina, Rita, or Wilma. Free state tax preparation software However, any such adjustment must ensure that an individual is not taken into account by more than one taxpayer for the same tax benefit. Free state tax preparation software The IRS has exercised this authority as follows. Free state tax preparation software In determining whether you furnished over one-half of the cost of maintaining a household, you can exclude from total household costs any assistance received from the government or charitable organizations because you were temporarily relocated as a result of Hurricane Katrina, Rita, or Wilma. Free state tax preparation software In determining whether you provided more than one-half of an individual's support, you can disregard any assistance received from the government or charitable organizations because you were temporarily relocated as a result of Hurricane Katrina, Rita, or Wilma. Free state tax preparation software You can treat as a student an individual who enrolled in school before August 25, 2005, and who is unable to attend classes because of Hurricane Katrina, for each month of the enrollment period that individual is prevented by Hurricane Katrina from attending school as planned. Free state tax preparation software You can treat as a student an individual who enrolled in school before September 23, 2005, and who is unable to attend classes because of Hurricane Rita, for each month of the enrollment period that individual is prevented by Hurricane Rita from attending school as planned. Free state tax preparation software You can treat as a student an individual who enrolled in school before October 23, 2005, and who is unable to attend classes because of Hurricane Wilma, for each month of the enrollment period that individual is prevented by Hurricane Wilma from attending school as planned. Free state tax preparation software Additional Tax Relief for Businesses Special Depreciation Allowance You can take a special depreciation allowance for qualified Gulf Opportunity (GO) Zone property (as defined below) you place in service after August 27, 2005. Free state tax preparation software The allowance is an additional deduction of 50% of the property's depreciable basis (after any section 179 deduction and before figuring your regular depreciation deduction). Free state tax preparation software The special allowance applies only for the first year the property is placed in service. Free state tax preparation software The allowance is deductible for both the regular tax and the alternative minimum tax (AMT). Free state tax preparation software There is no AMT adjustment required for any depreciation figured on the remaining basis of the property. Free state tax preparation software You can elect not to deduct the special GO Zone depreciation allowance for qualified property. Free state tax preparation software If you make this election for any property, it applies to all property in the same class placed in service during the year. Free state tax preparation software Qualified GO Zone property. Free state tax preparation software   Property that qualifies for the special GO Zone depreciation allowance includes the following. Free state tax preparation software Tangible property depreciated under the modified accelerated cost recovery system (MACRS) with a recovery period of 20 years or less. Free state tax preparation software Water utility property. Free state tax preparation software Computer software that is readily available for purchase by the general public, is subject to a nonexclusive license, and has not been substantially modified. Free state tax preparation software (The cost of some computer software is treated as part of the cost of hardware and is depreciated under MACRS. Free state tax preparation software ) Qualified leasehold improvement property. Free state tax preparation software Nonresidential real property and residential rental property. Free state tax preparation software   For more information on this property, see Publication 946. Free state tax preparation software Other tests to be met. Free state tax preparation software   To be qualified GO Zone property, the property must also meet all of the following tests. Free state tax preparation software You must have acquired the property, by purchase, after August 27, 2005, but only if no binding written contract for the acquisition was in effect before August 28, 2005. Free state tax preparation software The property must be placed in service before 2008 (2009 in the case of nonresidential real property and residential rental property). Free state tax preparation software Substantially all of the use of the property must be in the GO Zone and in the active conduct of your trade or business in the GO Zone. Free state tax preparation software The original use of the property in the GO Zone must begin with you after August 27, 2005. Free state tax preparation software Used property can be qualified GO Zone property if it has not previously been used within the GO Zone. Free state tax preparation software Also, additional capital expenditures you incurred after August 27, 2005, to recondition or rebuild your property meet the original use test if the original use of the property in the GO Zone began with you. Free state tax preparation software Excepted property. Free state tax preparation software   Qualified GO Zone property does not include any of the following. Free state tax preparation software Property required to be depreciated using the Alternative Depreciation System (ADS). Free state tax preparation software Property any portion of which is financed with the proceeds of a tax-exempt obligation under section 103. Free state tax preparation software Property for which you are claiming a commercial revitalization deduction. Free state tax preparation software Any property used in connection with any private or commercial golf course, country club, massage parlor, hot tub facility, suntan facility, or any store, the principal business of which is the sale of alcoholic beverages for consumption off premises. Free state tax preparation software Any gambling or animal racing property (as defined below). Free state tax preparation software Property in the same class as that for which you elected not to claim the special GO Zone depreciation allowance. Free state tax preparation software   Gambling or animal racing property is: Any equipment, furniture, software, or other property used directly in connection with gambling, the racing of animals, or the on-site viewing of such racing, and The portion of any real property (determined by square footage) that is dedicated to gambling, the racing of animals, or the on-site viewing of such racing, unless this portion is less than 100 square feet. Free state tax preparation software Recapture of special allowance. Free state tax preparation software   If, in any year after the year you claim the special allowance, the property ceases to be qualified GO Zone property, you may have to recapture as ordinary income any excess benefit you received from claiming the special allowance. Free state tax preparation software Increased Section 179 Deduction An increased section 179 deduction is allowable for qualified section 179 Gulf Opportunity (GO) Zone property (as defined later) placed in service in the GO Zone. Free state tax preparation software Increased dollar limit. Free state tax preparation software   The limit on the section 179 deduction ($105,000 for 2005, $108,000 for 2006) for qualified section 179 GO Zone property acquired after August 27, 2005, is increased by the smaller of: $100,000, or The cost of qualified section 179 GO Zone property placed in service during the year (including such property placed in service by your spouse, even if you are filing a separate return). Free state tax preparation software   The amount for which you can make the election is reduced if the cost of all qualified section 179 GO Zone property you placed in service during the year exceeds $420,000 for 2005 ($430,000 for 2006) increased by the smaller of: $600,000, or The cost of qualified section 179 GO Zone property placed in service during the year. Free state tax preparation software Qualified section 179 GO Zone property. Free state tax preparation software   Qualified section 179 GO Zone property is section 179 property that is qualified GO Zone property (explained earlier under Special Depreciation Allowance). Free state tax preparation software Section 179 property does not include nonresidential real property or residential rental property. Free state tax preparation software For more information, including the requirements that must be met for property to qualify for the section 179 deduction, see chapter 2 of Publication 946. Free state tax preparation software Work Opportunity Credit For the work opportunity credit, the definition of “targeted group employee” has been expanded to include a Hurricane Katrina employee. Free state tax preparation software Hurricane Katrina employee. Free state tax preparation software   A Hurricane Katrina employee is: A person who, on August 28, 2005, had a main home in the core disaster area and, within a two-year period beginning on that date, is hired to perform services principally in the core disaster area; or A person who, on August 28, 2005, had a main home in the core disaster area, was displaced from that main home as a result of Hurricane Katrina, and was hired during the period beginning on August 28, 2005, and ending on December 31, 2005. Free state tax preparation software Qualified wages. Free state tax preparation software   Generally, qualified wages do not include wages you paid to a targeted group employee who worked for you previously. Free state tax preparation software However, wages will qualify if: You paid them to an employee who is a Hurricane Katrina employee, The employee was not in your employment on August 28, 2005, and This is your first hire of the employee as a Hurricane Katrina employee after August 28, 2005. Free state tax preparation software   For more information, see Form 5884. Free state tax preparation software Certification requirements. Free state tax preparation software   An employee must provide to the employer reasonable evidence that he or she is a Hurricane Katrina employee. Free state tax preparation software An employer may accept a completed Form 8850, Pre-Screening Notice and Certification Request for the Work Opportunity and Welfare-to-Work Credits, as such evidence. Free state tax preparation software The certification requirements described in Form 8850 do not apply to a Hurricane Katrina employee. Free state tax preparation software Do not send any Forms 8850 that have only box 1 checked to the state employment security agency. Free state tax preparation software Instead, the employer should keep these Forms 8850 with the employer's other records. Free state tax preparation software For more information, see Form 8850 and its instructions. Free state tax preparation software Employee Retention Credit An eligible employer who conducted an active trade or business in the Gulf Opportunity (GO) Zone, the Rita GO Zone, or the Wilma GO Zone can claim the employee retention credit. Free state tax preparation software The credit is 40% of qualified wages for each eligible employee (up to a maximum of $6,000 in qualified wages per employee). Free state tax preparation software Generally, you must reduce your deduction for salaries and wages by the amount of this credit (before the tax liability limit). Free state tax preparation software Use Form 5884-A to claim the credit. Free state tax preparation software See the following rules and definitions for each hurricane. Free state tax preparation software Employers affected by Hurricane Katrina. Free state tax preparation software   The following definitions apply to employers affected by Hurricane Katrina. Free state tax preparation software Eligible employer. Free state tax preparation software   For this purpose, an eligible employer is any employer who conducted an active trade or business on August 28, 2005, in the GO Zone and whose trade or business was inoperable on any day after August 28, 2005, and before January 1, 2006, because of damage caused by Hurricane Katrina. Free state tax preparation software Eligible employee. Free state tax preparation software   For this purpose, an eligible employee is an employee whose principal place of employment on August 28, 2005, with such eligible employer was in the GO Zone. Free state tax preparation software An employee is not an eligible employee for purposes of Hurricane Katrina if the employee is treated as an eligible employee for the work opportunity credit. Free state tax preparation software Employers affected by Hurricane Rita. Free state tax preparation software   The following definitions apply to employers affected by Hurricane Rita. Free state tax preparation software Eligible employer. Free state tax preparation software   For this purpose, an eligible employer is any employer who conducted an active trade or business on September 23, 2005, in the Rita GO Zone and whose trade or business was inoperable on any day after September 23, 2005, and before January 1, 2006, because of damage caused by Hurricane Rita. Free state tax preparation software Eligible employee. Free state tax preparation software   For this purpose, an eligible employee is an employee whose principal place of employment on September 23, 2005, with such eligible employer was in the Rita GO Zone. Free state tax preparation software An employee is not an eligible employee for purposes of Hurricane Rita if the employee is treated as an eligible employee for the work opportunity credit or the Hurricane Katrina employee retention credit. Free state tax preparation software Employers affected by Hurricane Wilma. Free state tax preparation software   The following definitions apply to employers affected by Hurricane Wilma. Free state tax preparation software Eligible employer. Free state tax preparation software   For this purpose, an eligible employer is any employer who conducted an active trade or business on October 23, 2005, in the Wilma GO Zone and whose trade or business was inoperable on any day after October 23, 2005, and before January 1, 2006, because of damage caused by Hurricane Wilma. Free state tax preparation software Eligible employee. Free state tax preparation software   For this purpose, an eligible employee is an employee whose principal place of employment on October 23, 2005, with such eligible employer was in the Wilma GO Zone. Free state tax preparation software An employee is not an eligible employee for purposes of Hurricane Wilma if the employee is treated as an eligible employee for the work opportunity credit or the Hurricane Katrina or Rita employee retention credit. Free state tax preparation software Qualified wages. Free state tax preparation software   Qualified wages are wages you paid or incurred before January 1, 2006, (up to $6,000 per employee) for an eligible employee beginning on the date your trade or business first became inoperable at the employee's principal place of employment immediately before the applicable hurricane, and ending on the date your trade or business resumed significant operations at that place. Free state tax preparation software In addition, the wages must have been paid or incurred after the following date. Free state tax preparation software August 28, 2005, for Hurricane Katrina. Free state tax preparation software September 23, 2005, for Hurricane Rita. Free state tax preparation software October 23, 2005, for Hurricane Wilma. Free state tax preparation software    This includes wages paid even if the employee performed no services, performed services at a place of employment other than the principal place of employment, or performed services at the principal place of employment before significant operations resumed. Free state tax preparation software    Wages qualifying for the credit generally have the same meaning as wages subject to the Federal Unemployment Tax Act (FUTA). Free state tax preparation software Qualified wages also include amounts you paid for medical or hospitalization expenses in connection with sickness or accident disability. Free state tax preparation software Qualified wages for any employee must be reduced by the amount of any work supplementation payment you received under the Social Security Act. Free state tax preparation software   For agricultural employees, if the work performed by any employee during more than half of any pay period qualified under FUTA as agricultural labor, that employee's wages subject to social security and Medicare taxes are qualified wages. Free state tax preparation software For a special rule that applies to railroad employees, see section 51(h)(1)(B). Free state tax preparation software   Qualified wages do not include the following. Free state tax preparation software Wages paid to your dependent or a related individual. Free state tax preparation software See section 51(i)(1). Free state tax preparation software Wages paid to any employee during the period for which you received payment for the employee from a federally funded on-the-job training program. Free state tax preparation software Wages for services of replacement workers during a strike or lockout. Free state tax preparation software   For more information, see Form 5884-A. Free state tax preparation software Hurricane Katrina Housing Credit An employer who conducted an active trade or business in the Gulf Opportunity (GO) Zone can claim the Hurricane Katrina housing credit. Free state tax preparation software The credit is equal to 30% of the value (up to $600 per month per employee) of in-kind lodging furnished to a qualified employee (and the employee's spouse or dependents) from January 1, 2006, through July 1, 2006. Free state tax preparation software The value of the lodging is excluded from the income of the qualified employee but is treated as wages for purposes of taxes imposed under the Federal Insurance Contributions Act (FICA) and the Federal Unemployment Tax Act (FUTA). Free state tax preparation software Generally, you must reduce your deduction for salaries and wages by the amount of this credit (before the tax liability limit). Free state tax preparation software The employer must use Form 5884-A to claim the credit. Free state tax preparation software A qualified employee is an individual who had a main home in the GO Zone on August 28, 2005, and who performs substantially all employment services in the GO Zone for the employer furnishing the lodging. Free state tax preparation software The employee cannot be your dependent or a related individual. Free state tax preparation software See section 51(i)(1). Free state tax preparation software For more information, see Form 5884-A. Free state tax preparation software Reforestation Costs You may be able to elect to deduct a limited amount of reforestation costs for each qualified timber property. Free state tax preparation software The deduction for any tax year generally is limited to $10,000 ($5,000 if married filing separately, $0 for a trust). Free state tax preparation software However, this limit is increased if you paid or incurred reforestation costs after the applicable date below and any portion of the qualified timber property is located in one of the following areas. Free state tax preparation software August 27, 2005, if any portion of the property is located in the GO Zone. Free state tax preparation software September 22, 2005, if any portion of the property is located in the Rita GO Zone (but not in the GO Zone). Free state tax preparation software October 22, 2005, if any portion of the property is located in the Wilma GO Zone. Free state tax preparation software The limit for each qualified timber property is increased by the smaller of: $10,000 ($5,000 if married filing separately, $0 for a trust), or The amount of reforestation costs you paid or incurred after the applicable date for the qualified timber property, any portion of which is located in the zone described above. Free state tax preparation software The increase in the limit applies only to costs paid or incurred before 2008. Free state tax preparation software However, these rules do not apply to any timber producer who: Held more than 500 acres of qualified timber property at any time during the tax year, Is a corporation with stock publicly traded on an established securities market, or Is a real estate investment trust. Free state tax preparation software For more information about the election to deduct reforestation costs, see chapter 8 in Publication 535, Business Expenses. Free state tax preparation software Demolition and Clean-up Costs You can elect to deduct 50% of any qualified GO Zone clean-up costs for the tax year in which the costs are paid or incurred, instead of capitalizing them. Free state tax preparation software Qualified GO Zone clean-up costs are any amounts paid or incurred after August 27, 2005, and before January 1, 2008, for the removal of debris from, or the demolition of structures on, real property located in the GO Zone that is: Held by you for use in a trade or business or for the production of income, or Inventory or other property held primarily for sale to customers in the ordinary course of your trade or business. Free state tax preparation software Increase in Rehabilitation Tax Credit The rehabilitation credit is increased for qualified rehabilitation expenditures paid or incurred after August 27, 2005, and before January 1, 2009, on buildings located in the GO Zone as follows. Free state tax preparation software For pre-1936 buildings (other than certified historic structures), the credit percentage is increased from 10% to 13%. Free state tax preparation software For certified historic structures, the credit percentage is increased from 20% to 26%. Free state tax preparation software For more information, see Form 3468, Investment Credit. Free state tax preparation software Request for Copy or Transcript of Tax Return Request for copy of tax return. Free state tax preparation software   You can use Form 4506 to order a copy of your tax return. Free state tax preparation software Generally, there is a $39. Free state tax preparation software 00 fee for requesting each copy of a tax return. Free state tax preparation software If your main home, principal place of business, or tax records are located in a Presidentially declared disaster area, the fee will be waived if the assigned disaster designation (for example, “Hurricane Katrina”) is written in red across the top of the form when filed. Free state tax preparation software Request for transcript of tax return. Free state tax preparation software   You can use Form 4506-T to order a free transcript of your tax return. Free state tax preparation software A transcript provides most of the line entries from a tax return and usually contains the information that a third party requires. Free state tax preparation software You can also call 1-800-829-1040 to order a transcript. Free state tax preparation software How To Get Tax Help Special IRS assistance. Free state tax preparation software   The IRS is providing special help for those affected by Hurricane Katrina, Rita, or Wilma, as well as survivors and personal representatives of the victims. Free state tax preparation software We have set up a special toll-free number for people who may have trouble filing or paying their taxes because they were affected by Hurricane Katrina, Rita, or Wilma, or who have other tax issues related to the hurricanes. Free state tax preparation software Call 1-866-562-5227 Monday through Friday In English-7 a. 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Free state tax preparation software Contacting your Taxpayer Advocate. Free state tax preparation software   If you have attempted to deal with an IRS problem unsuccessfully, you should contact your Taxpayer Advocate. Free state tax preparation software   The Taxpayer Advocate independently represents your interests and concerns within the IRS by protecting your rights and resolving problems that have not been fixed through normal channels. Free state tax preparation software While Taxpayer Advocates cannot change the tax law or make a technical tax decision, they can clear up problems that resulted from previous contacts and ensure that your case is given a complete and impartial review. Free state tax preparation software   To contact your Taxpayer Advocate: Call the Taxpayer Advocate toll free at 1-877-777-4778. Free state tax preparation software Call, write, or fax the Taxpayer Advocate office in your area. 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Tax Relief for Victims of Hurricane Sandy in Rhode Island

RI-2012-30, Nov. 15, 2012

BOSTON — Victims of Hurricane Sandy that began on Oct. 26, 2012 in parts of Rhode Island may qualify for tax relief from the Internal Revenue Service.

The President has declared Newport and Washington counties a federal disaster area. Individuals who reside or have a business in these counties may qualify for tax relief.

The declaration permits the IRS to postpone certain deadlines for taxpayers who reside or have a business in the disaster area. For instance, certain deadlines falling on or after Oct. 26, and on or before Feb. 1, have been postponed to Feb. 1, 2013.  

In addition, the IRS is waiving the failure-to-deposit penalties for employment and excise tax deposits due on or after Oct. 26, and on or before Nov. 26, as long as the deposits are made by Nov. 26, 2012.

If an affected taxpayer receives a penalty notice from the IRS, the taxpayer should call the telephone number on the notice to have the IRS abate any interest and any late filing or late payment penalties that would otherwise apply. Penalties or interest will be abated only for taxpayers who have an original or extended filing, payment or deposit due date, including an extended filing or payment due date, that falls within the postponement period.

The IRS automatically identifies taxpayers located in the covered disaster area and applies automatic filing and payment relief. But affected taxpayers who reside or have a business located outside the covered disaster area need to call the IRS disaster hotline at 866-562-5227 to request this tax relief.

For a full description of the relief being provided by the IRS to the victims of Hurricane Sandy, visit IRS.gov.

Covered Disaster Area

The counties above constitute a covered disaster area for purposes of Treas. Reg. § 301.7508A-1(d)(2) and are entitled to the relief detailed below.

Affected Taxpayers

Taxpayers considered to be affected taxpayers eligible for the postponement of time to file returns, pay taxes and perform other time-sensitive acts are those taxpayers listed in Treas. Reg. § 301.7508A-1(d)(1), and include individuals who live, and businesses whose principal place of business is located, in the covered disaster area. Taxpayers not in the covered disaster area, but whose records necessary to meet a deadline listed in Treas. Reg. § 301.7508A-1(c) are in the covered disaster area, are also entitled to relief. In addition, all relief workers affiliated with a recognized government or philanthropic organization assisting in the relief activities in the covered disaster area and any individual visiting the covered disaster area who was killed or injured as a result of the disaster are entitled to relief.

Grant of Relief

Under section 7508A, the IRS gives affected taxpayers until Feb. 1 to file most tax returns (including individual, corporate, and estate and trust income tax returns; partnership returns, S corporation returns, and trust returns; estate, gift, and generation-skipping transfer tax returns; and employment and certain excise tax returns), or to make tax payments, including estimated tax payments, that have either an original or extended due date occurring on or after Oct. 26 and on or before Feb. 1.

The IRS also gives affected taxpayers until Feb. 1 to perform other time-sensitive actions described in Treas. Reg. § 301.7508A-1(c)(1) and Rev. Proc. 2007-56, 2007-34 I.R.B. 388 (Aug. 20, 2007), that are due to be performed on or after Oct. 26 and on or before Feb. 1.

This relief also includes the filing of Form 5500 series returns, in the manner described in section 8 of Rev. Proc. 2007-56. The relief described in section 17 of Rev. Proc. 2007-56, pertaining to like-kind exchanges of property, also applies to certain taxpayers who are not otherwise affected taxpayers and may include acts required to be performed before or after the period above.

The postponement of time to file and pay does not apply to information returns in the W-2, 1098, 1099 series, or to Forms 1042-S or 8027. Penalties for failure to timely file information returns can be waived under existing procedures for reasonable cause. Likewise, the postponement does not apply to employment and excise tax deposits. The IRS, however, will abate penalties for failure to make timely employment and excise tax deposits due on or after Oct. 26 and on or before Nov. 26 provided the taxpayer makes these deposits by Nov. 26.

Casualty Losses

Affected taxpayers in a federally declared disaster area have the option of claiming disaster-related casualty losses on their federal income tax return for either this year or last year. Claiming the loss on an original or amended return for last year will get the taxpayer an earlier refund, but waiting to claim the loss on this year’s return could result in a greater tax saving, depending on other income factors.

Individuals may deduct personal property losses that are not covered by insurance or other reimbursements. For details, see Form 4684 and its instructions.

Affected taxpayers claiming the disaster loss on last year’s return should put the Disaster Designation “Rhode Island/Hurricane Sandy” at the top of the form so that the IRS can expedite the processing of the refund.

Other Relief

The IRS will waive the usual fees and expedite requests for copies of previously filed tax returns for affected taxpayers. Taxpayers should put the assigned Disaster Designation in red ink at the top of Form 4506, Request for Copy of Tax Return, or Form 4506-T, Request for Transcript of Tax Return, as appropriate, and submit it to the IRS.

Affected taxpayers who are contacted by the IRS on a collection or examination matter should explain how the disaster impacts them so that the IRS can provide appropriate consideration to their case.

Taxpayers may download forms and publications from the official IRS website, irs.gov, or order them by calling 800-TAX-FORM (800-829-3676). The IRS toll-free number for general tax questions is 800-829-1040.

Related Information

Disaster Assistance and Emergency Relief for Individuals and Businesses

Recent IRS Disaster Relief Announcements

 

Page Last Reviewed or Updated: 05-Nov-2013

The Free State Tax Preparation Software

Free state tax preparation software Publication 534 - Introductory Material Table of Contents Important Change for 1995 Introduction How To Use This Publication Important Change for 1995 Major changes to Publications 534 and 946. Free state tax preparation software  This publication, as well as Publication 946,How To Depreciate Property, has been changed. Free state tax preparation software Publication 534 has been shortened. Free state tax preparation software It no longer contains general information on MACRS and the section 179 deduction. Free state tax preparation software It contains a discussion of the accelerated cost recovery system (ACRS), the ACRS Percentage Tables, a discussion of other methods of depreciation, and a limited discussion of listed property. Free state tax preparation software We expanded Publication 946 by adding material taken from Publication 534. Free state tax preparation software We added more detail to the discussions of the section 179 deduction, the modified accelerated cost recovery system (MACRS), and listed property. Free state tax preparation software We replaced the partialMACRS Percentage Tables with the complete ones from Publication 534. Free state tax preparation software We also added the Table of Class Lives and Recovery Periods from Publication 534. Free state tax preparation software We made these changes to eliminate most of the duplication that existed in the two publications. Free state tax preparation software This will save money and make it easier for you to decide which publication you need. Free state tax preparation software Use this publication to figure depreciation on property you placed in service before 1987; use Publication 946 to figure depreciation on property you placed in service after 1986. 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Free state tax preparation software How To Use This Publication This publication describes the kinds of property that can be depreciated and the methods used to figure depreciation on property placed in service before 1987. Free state tax preparation software It is divided into three chapters and contains an appendix. Free state tax preparation software Chapter 1 explains the rules for depreciating property under the Accelerated Cost Recovery System (ACRS). Free state tax preparation software Chapter 2 explains the rules for depreciating property first used before 1981. Free state tax preparation software Chapter 3 explains the rules for listed property. Free state tax preparation software Also this chapter defines listed property. Free state tax preparation software The appendix contains the ACRS Percentage Tables. Free state tax preparation software Prev  Up  Next   Home   More Online Publications