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Irs Form 1040 2012

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Irs Form 1040 2012

Irs form 1040 2012 Publication 556 - Additional Material Prev  Up  Next   Home   More Online Publications
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Is My Pension or Annuity Payment Taxable?

This application will help you determine if your pension or annuity payment from an employer sponsored retirement plan is taxable.  This application does not address Individual Retirement Arrangements (IRAs).

Information You Will Need:

  • All income documents
  • Federal income tax withheld (Form W2-P or Form1099)

Estimated Completion Time: 11 minutes. However: 5 minutes of inactivity will end the interview and you will be forced to start over.

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Page Last Reviewed or Updated: 14-Feb-2014

The Irs Form 1040 2012

Irs form 1040 2012 Publication 504 - Main Content Table of Contents Filing StatusUnmarried persons. Irs form 1040 2012 Married persons. Irs form 1040 2012 Same-sex marriage. Irs form 1040 2012 Exception. Irs form 1040 2012 Married Filing Jointly Married Filing Separately Head of Household ExemptionsPersonal Exemptions Exemptions for Dependents Phaseout of Exemptions AlimonyInvalid decree. Irs form 1040 2012 Amended instrument. Irs form 1040 2012 General Rules Instruments Executed After 1984 Instruments Executed Before 1985 Qualified Domestic Relations OrderRollovers. Irs form 1040 2012 Individual Retirement Arrangements Property SettlementsTransfer Between Spouses Gift Tax on Property Settlements Sale of Jointly-Owned Property Costs of Getting a Divorce Tax Withholding and Estimated Tax Community PropertyCommunity Income Alimony (Community Income) How To Get Tax Help Filing Status Your filing status is used in determining whether you must file a return, your standard deduction, and the correct tax. Irs form 1040 2012 It may also be used in determining whether you can claim certain other deductions and credits. Irs form 1040 2012 The filing status you can choose depends partly on your marital status on the last day of your tax year. Irs form 1040 2012 Marital status. Irs form 1040 2012   If you are unmarried, your filing status is single or, if you meet certain requirements, head of household or qualifying widow(er). Irs form 1040 2012 If you are married, your filing status is either married filing a joint return or married filing a separate return. Irs form 1040 2012 For information about the single and qualifying widow(er) filing statuses, see Publication 501. Irs form 1040 2012 Unmarried persons. Irs form 1040 2012   You are unmarried for the whole year if either of the following applies. Irs form 1040 2012 You have obtained a final decree of divorce or separate maintenance by the last day of your tax year. Irs form 1040 2012 You must follow your state law to determine if you are divorced or legally separated. Irs form 1040 2012 Exception. Irs form 1040 2012 If you and your spouse obtain a divorce in one year for the sole purpose of filing tax returns as unmarried individuals, and at the time of divorce you intend to remarry each other and do so in the next tax year, you and your spouse must file as married individuals. Irs form 1040 2012 You have obtained a decree of annulment, which holds that no valid marriage ever existed. Irs form 1040 2012 You must file amended returns (Form 1040X, Amended U. Irs form 1040 2012 S. Irs form 1040 2012 Individual Income Tax Return) for all tax years affected by the annulment that are not closed by the statute of limitations. Irs form 1040 2012 The statute of limitations generally does not end until 3 years (including extensions) after the date you file your original return or within 2 years after the date you pay the tax. Irs form 1040 2012 On the amended return you will change your filing status to single or, if you meet certain requirements, head of household. Irs form 1040 2012 Married persons. Irs form 1040 2012   You are married for the whole year if you are separated but you have not obtained a final decree of divorce or separate maintenance by the last day of your tax year. Irs form 1040 2012 An interlocutory decree is not a final decree. Irs form 1040 2012 Same-sex marriage. Irs form 1040 2012   For federal tax purposes, individuals of the same sex are considered married if they were lawfully married in a state (or foreign country) whose laws authorize the marriage of two individuals of the same sex, even if the state (or foreign country) in which they now live does not recognize same-sex marriage. Irs form 1040 2012 The term "spouse" includes an individual married to a person of the same sex if the couple is lawfully married under state (or foreign) law. Irs form 1040 2012 However, individuals who have entered into a registered domestic partnership, civil union, or other similar relationship that is not considered a marriage under state (or foreign) law are not considered married for federal tax purposes. Irs form 1040 2012 For more details, see Publication 501. Irs form 1040 2012 Exception. Irs form 1040 2012   If you live apart from your spouse, under certain circumstances, you may be considered unmarried and can file as head of household. Irs form 1040 2012 See Head of Household , later. Irs form 1040 2012 Married Filing Jointly If you are married, you and your spouse can choose to file a joint return. Irs form 1040 2012 If you file jointly, you both must include all your income, exemptions, deductions, and credits on that return. Irs form 1040 2012 You can file a joint return even if one of you had no income or deductions. Irs form 1040 2012 If both you and your spouse have income, you should usually figure your tax on both a joint return and separate returns (using the filing status of married filing separately) to see which gives the two of you the lower combined tax. Irs form 1040 2012 Nonresident alien. Irs form 1040 2012   To file a joint return, at least one of you must be a U. Irs form 1040 2012 S. Irs form 1040 2012 citizen or resident alien at the end of the tax year. Irs form 1040 2012 If either of you was a nonresident alien at any time during the tax year, you can file a joint return only if you agree to treat the nonresident spouse as a resident of the United States. Irs form 1040 2012 This means that your combined worldwide incomes are subject to U. Irs form 1040 2012 S. Irs form 1040 2012 income tax. Irs form 1040 2012 These rules are explained in Publication 519, U. Irs form 1040 2012 S. Irs form 1040 2012 Tax Guide for Aliens. Irs form 1040 2012 Signing a joint return. Irs form 1040 2012   Both you and your spouse generally must sign the return, or it will not be considered a joint return. Irs form 1040 2012 Joint and individual liability. Irs form 1040 2012   Both you and your spouse may be held responsible, jointly and individually, for the tax and any interest or penalty due on your joint return. Irs form 1040 2012 This means that one spouse may be held liable for all the tax due even if all the income was earned by the other spouse. Irs form 1040 2012 Divorced taxpayers. Irs form 1040 2012   If you are divorced, you are jointly and individually responsible for any tax, interest, and penalties due on a joint return for a tax year ending before your divorce. Irs form 1040 2012 This responsibility applies even if your divorce decree states that your former spouse will be responsible for any amounts due on previously filed joint returns. Irs form 1040 2012 Relief from joint liability. Irs form 1040 2012   In some cases, a spouse may be relieved of the tax, interest, and penalties on a joint return. Irs form 1040 2012 You can ask for relief no matter how small the liability. Irs form 1040 2012   There are three types of relief available. Irs form 1040 2012 Innocent spouse relief. Irs form 1040 2012 Separation of liability, which applies to joint filers who are divorced, widowed, legally separated, or who have not lived together for the 12 months ending on the date election of this relief is filed. Irs form 1040 2012 Equitable relief. Irs form 1040 2012   Married persons who live in community property states, but who did not file joint returns, may also qualify for relief from liability arising from community property law or for equitable relief. Irs form 1040 2012 See Relief from liability arising from community property law , later, under Community Property. Irs form 1040 2012    Each kind of relief has different requirements. Irs form 1040 2012 You must file Form 8857 to request relief under any of these categories. Irs form 1040 2012 Publication 971 explains these kinds of relief and who may qualify for them. Irs form 1040 2012 You can also find information on our website at IRS. Irs form 1040 2012 gov. Irs form 1040 2012 Tax refund applied to spouse's debts. Irs form 1040 2012   The overpayment shown on your joint return may be used to pay the past-due amount of your spouse's debts. Irs form 1040 2012 This includes your spouse's federal tax, state income tax, child or spousal support payments, or a federal nontax debt, such as a student loan. Irs form 1040 2012 You can get a refund of your share of the overpayment if you qualify as an injured spouse. Irs form 1040 2012 Injured spouse. Irs form 1040 2012   You are an injured spouse if you file a joint return and all or part of your share of the overpayment was, or is expected to be, applied against your spouse's past-due debts. Irs form 1040 2012 An injured spouse can get a refund for his or her share of the overpayment that would otherwise be used to pay the past-due amount. Irs form 1040 2012   To be considered an injured spouse, you must: Have made and reported tax payments (such as federal income tax withheld from wages or estimated tax payments), or claimed a refundable tax credit, such as the earned income credit or additional child tax credit on the joint return, and Not be legally obligated to pay the past-due amount. Irs form 1040 2012 Note. Irs form 1040 2012 If the injured spouse's permanent home is in a community property state, then the injured spouse must only meet (2). Irs form 1040 2012 For more information, see Publication 555. Irs form 1040 2012    Refunds that involve community property states must be divided according to local law. Irs form 1040 2012 If you live in a community property state in which all community property is subject to the debts of either spouse, your entire refund is generally used to pay those debts. Irs form 1040 2012   If you are an injured spouse, you must file Form 8379 to have your portion of the overpayment refunded to you. Irs form 1040 2012 Follow the instructions for the form. Irs form 1040 2012   If you have not filed your joint return and you know that your joint refund will be offset, file Form 8379 with your return. Irs form 1040 2012 You should receive your refund within 14 weeks from the date the paper return is filed or within 11 weeks from the date the return is filed electronically. Irs form 1040 2012   If you filed your joint return and your joint refund was offset, file Form 8379 by itself. Irs form 1040 2012 When filed after offset, it can take up to 8 weeks to receive your refund. Irs form 1040 2012 Do not attach the previously filed tax return, but do include copies of all Forms W-2, Wage and Tax Statement, and W-2G, Certain Gambling Winnings, for both spouses and any Forms 1099 that show income tax withheld. Irs form 1040 2012    An injured spouse claim is different from an innocent spouse relief request. Irs form 1040 2012 An injured spouse uses Form 8379 to request an allocation of the tax overpayment attributed to each spouse. Irs form 1040 2012 An innocent spouse uses Form 8857 to request relief from joint liability for tax, interest, and penalties on a joint return for items of the other spouse (or former spouse) that were incorrectly reported on or omitted from the joint return. Irs form 1040 2012 For information on innocent spouses, see Relief from joint liability, earlier. Irs form 1040 2012 Married Filing Separately If you and your spouse file separate returns, you should each report only your own income, exemptions, deductions, and credits on your individual return. Irs form 1040 2012 You can file a separate return even if only one of you had income. Irs form 1040 2012 For information on exemptions you can claim on your separate return, see Exemptions , later. Irs form 1040 2012 Community or separate income. Irs form 1040 2012   If you live in a community property state and file a separate return, your income may be separate income or community income for income tax purposes. Irs form 1040 2012 For more information, see Community Income under Community Property, later. Irs form 1040 2012 Separate liability. Irs form 1040 2012   If you and your spouse file separately, you each are responsible only for the tax due on your own return. Irs form 1040 2012 Itemized deductions. Irs form 1040 2012   If you and your spouse file separate returns and one of you itemizes deductions, the other spouse cannot use the standard deduction and should also itemize deductions. Irs form 1040 2012 Table 1. Irs form 1040 2012 Itemized Deductions on Separate Returns This table shows itemized deductions you can claim on your married filing separate return whether you paid the expenses separately with your own funds or jointly with your spouse. Irs form 1040 2012  Caution: If you live in a community property state, these rules do not apply. Irs form 1040 2012 See Community Property. Irs form 1040 2012 IF you paid . Irs form 1040 2012 . Irs form 1040 2012 . Irs form 1040 2012 AND you . Irs form 1040 2012 . Irs form 1040 2012 . Irs form 1040 2012 THEN you can deduct on your separate federal return. Irs form 1040 2012 . Irs form 1040 2012 . Irs form 1040 2012   medical expenses   paid with funds deposited in a joint checking account in which you and your spouse have an equal interest     half of the total medical expenses, subject to certain limits, unless you can show that you alone paid the expenses. Irs form 1040 2012     state income tax   file a separate state income tax return     the state income tax you alone paid during the year. Irs form 1040 2012         file a joint state income tax return and you and your spouse are jointly and individually liable for the full amount of the state income tax     the state income tax you alone paid during the year. Irs form 1040 2012         file a joint state income tax return and you  are liable for only your own share of state  income tax     the smaller of: the state income tax you alone paid during the year, or the total state income tax you and your spouse paid during the year multiplied by the following fraction. Irs form 1040 2012 The numerator is your gross income and the denominator  is your combined gross income. Irs form 1040 2012     property tax   paid the tax on property held as tenants by the entirety     the property tax you alone paid. Irs form 1040 2012     mortgage interest   paid the interest on a qualified home1 held  as tenants by the entirety     the mortgage interest you alone paid. Irs form 1040 2012     casualty loss   have a casualty loss on a home you own  as tenants by the entirety     half of the loss, subject to the deduction limits. Irs form 1040 2012 Neither spouse may report the total casualty loss. Irs form 1040 2012 1 For more information on a qualified home and deductible mortgage interest, see Publication 936, Home Mortgage Interest Deduction. Irs form 1040 2012 Dividing itemized deductions. Irs form 1040 2012   You may be able to claim itemized deductions on a separate return for certain expenses that you paid separately or jointly with your spouse. Irs form 1040 2012 See Table 1, later. Irs form 1040 2012 Separate returns may give you a higher tax. Irs form 1040 2012   Some married couples file separate returns because each wants to be responsible only for his or her own tax. Irs form 1040 2012 There is no joint liability. Irs form 1040 2012 But in almost all instances, if you file separate returns, you will pay more combined federal tax than you would with a joint return. Irs form 1040 2012 This is because the following special rules apply if you file a separate return. Irs form 1040 2012 Your tax rate generally will be higher than it would be on a joint return. Irs form 1040 2012 Your exemption amount for figuring the alternative minimum tax will be half of that allowed a joint return filer. Irs form 1040 2012 You cannot take the credit for child and dependent care expenses in most cases. Irs form 1040 2012 You cannot take the earned income credit. Irs form 1040 2012 You cannot take the exclusion or credit for adoption expenses in most cases. Irs form 1040 2012 You cannot take the credit for higher education expenses (American opportunity and lifetime learning credits), the deduction for student loan interest, or the tuition and fees deduction. Irs form 1040 2012 You cannot exclude the interest from qualified savings bonds that you used for higher education expenses. Irs form 1040 2012 If you lived with your spouse at any time during the tax year: You cannot claim the credit for the elderly or the disabled, and You will have to include in income more (up to 85%) of any social security or equivalent railroad retirement benefits you received. Irs form 1040 2012 Your income limits that reduce the child tax credit, the retirement savings contributions credit, itemized deductions, and the deduction for personal exemptions are half of the limits for a joint return filer. Irs form 1040 2012 Your capital loss deduction limit is $1,500 (instead of $3,000 on a joint return). Irs form 1040 2012 Your basic standard deduction, if allowable, is half of that allowed a joint return filer. Irs form 1040 2012 See Itemized deductions , earlier. Irs form 1040 2012 Joint return after separate returns. Irs form 1040 2012   If either you or your spouse (or both of you) file a separate return, you generally can change to a joint return within 3 years from the due date (not including extensions) of the separate return or returns. Irs form 1040 2012 This applies to a return either of you filed claiming married filing separately, single, or head of household filing status. Irs form 1040 2012 Use Form 1040X to change your filing status. Irs form 1040 2012 Separate returns after joint return. Irs form 1040 2012   After the due date of your return, you and your spouse cannot file separate returns if you previously filed a joint return. Irs form 1040 2012 Exception. Irs form 1040 2012   A personal representative for a decedent can change from a joint return elected by the surviving spouse to a separate return for the decedent. Irs form 1040 2012 The personal representative has 1 year from the due date (including extensions) of the joint return to make the change. Irs form 1040 2012 Head of Household Filing as head of household has the following advantages. Irs form 1040 2012 You can claim the standard deduction even if your spouse files a separate return and itemizes deductions. Irs form 1040 2012 Your standard deduction is higher than is allowed if you claim a filing status of single or married filing separately. Irs form 1040 2012 Your tax rate usually will be lower than it is if you claim a filing status of single or married filing separately. Irs form 1040 2012 You may be able to claim certain credits (such as the dependent care credit and the earned income credit) you cannot claim if your filing status is married filing separately. Irs form 1040 2012 Income limits that reduce your child tax credit, retirement savings contributions credit, itemized deductions, and the deduction for personal exemptions are higher than the income limits if you claim a filing status of married filing separately. Irs form 1040 2012 Requirements. Irs form 1040 2012   You may be able to file as head of household if you meet all the following requirements. Irs form 1040 2012 You are unmarried or “considered unmarried” on the last day of the year. Irs form 1040 2012 You paid more than half the cost of keeping up a home for the year. Irs form 1040 2012 A “qualifying person” lived with you in the home for more than half the year (except for temporary absences, such as school). Irs form 1040 2012 However, if the “qualifying person” is your dependent parent, he or she does not have to live with you. Irs form 1040 2012 See Special rule for parent , later, under Qualifying person. Irs form 1040 2012 Considered unmarried. Irs form 1040 2012   You are considered unmarried on the last day of the tax year if you meet all the following tests. Irs form 1040 2012 You file a separate return. Irs form 1040 2012 A separate return includes a return claiming married filing separately, single, or head of household filing status. Irs form 1040 2012 You paid more than half the cost of keeping up your home for the tax year. Irs form 1040 2012 Your spouse did not live in your home during the last 6 months of the tax year. Irs form 1040 2012 Your spouse is considered to live in your home even if he or she is temporarily absent due to special circumstances. Irs form 1040 2012 See Temporary absences , later. Irs form 1040 2012 Your home was the main home of your child, stepchild, or foster child for more than half the year. Irs form 1040 2012 (See Qualifying person , later, for rules applying to a child's birth, death, or temporary absence during the year. Irs form 1040 2012 ) You must be able to claim an exemption for the child. Irs form 1040 2012 However, you meet this test if you cannot claim the exemption only because the noncustodial parent can claim the child using the rule described later in Special rule for divorced or separated parents (or parents who live apart) under Exemptions for Dependents. Irs form 1040 2012 The general rules for claiming an exemption for a dependent are shown later in Table 3. Irs form 1040 2012    If you were considered married for part of the year and lived in a community property state (one of the states listed later under Community Property), special rules may apply in determining your income and expenses. Irs form 1040 2012 See Publication 555 for more information. Irs form 1040 2012 Nonresident alien spouse. Irs form 1040 2012   If your spouse was a nonresident alien at any time during the tax year, and you have not chosen to treat your spouse as a resident alien, you are considered unmarried for head of household purposes. Irs form 1040 2012 However, your spouse is not a qualifying person for head of household purposes. Irs form 1040 2012 You must have another qualifying person and meet the other requirements to file as head of household. Irs form 1040 2012 Keeping up a home. Irs form 1040 2012   You are keeping up a home only if you pay more than half the cost of its upkeep for the year. Irs form 1040 2012 This includes rent, mortgage interest, real estate taxes, insurance on the home, repairs, utilities, and food eaten in the home. Irs form 1040 2012 This does not include the cost of clothing, education, medical treatment, vacations, life insurance, or transportation for any member of the household. Irs form 1040 2012 Qualifying person. Irs form 1040 2012    Table 2, later, shows who can be a qualifying person. Irs form 1040 2012 Any person not described in Table 2 is not a qualifying person. Irs form 1040 2012   Generally, the qualifying person must live with you for more than half of the year. Irs form 1040 2012 Table 2. Irs form 1040 2012 Who Is a Qualifying Person Qualifying You To File as Head of Household?1 Caution. Irs form 1040 2012 See the text of this publication for the other requirements you must meet to claim head of household filing status. Irs form 1040 2012 IF the person is your . Irs form 1040 2012 . Irs form 1040 2012 . Irs form 1040 2012 AND . Irs form 1040 2012 . Irs form 1040 2012 . Irs form 1040 2012 THEN that person is . Irs form 1040 2012 . Irs form 1040 2012 . Irs form 1040 2012   qualifying child (such as a son, daughter, or grandchild who lived with you more than half the year and meets certain other tests)2 he or she is single a qualifying person, whether or not you can claim an exemption for the person. Irs form 1040 2012     he or she is married and you can claim an exemption for him or her a qualifying person. Irs form 1040 2012     he or she is married and you cannot claim an exemption for him or her not a qualifying person. Irs form 1040 2012 3     qualifying relative4 who is your father or mother you can claim an exemption for him or her5 a qualifying person. Irs form 1040 2012 6     you cannot claim an exemption for him or her not a qualifying person. Irs form 1040 2012     qualifying relative4 other than your father or mother (such as a grandparent, brother, or sister who meets certain tests) he or she lived with you more than half the year, and he or she is related to you in one of the ways listed under Relatives who do not have to live with you in Publication 501 and you can claim an exemption for him or her5 a qualifying person. Irs form 1040 2012     he or she did not live with you more than half the year not a qualifying person. Irs form 1040 2012     he or she is not related to you in one of the ways listed under Relatives who do not have to live with you in Publication 501 and is your qualifying relative only because he or she lived with you all year as a member of your household not a qualifying person. Irs form 1040 2012     you cannot claim an exemption for him or her not a qualifying person. Irs form 1040 2012   1 A person cannot qualify more than one taxpayer to use the head of household filing status for the year. Irs form 1040 2012 2 See Table 3, later, for the tests that must be met to be a qualifying child. Irs form 1040 2012 Note. Irs form 1040 2012 If you are a noncustodial parent, the term “qualifying child” for head of household filing status does not include a child who is your qualifying child for exemption purposes only because of the rules described under Children of Divorced or Separated Parents (or Parents Who Live Apart) under Exemptions for Dependents, later. Irs form 1040 2012 If you are the custodial parent and those rules apply, the child is generally your qualifying child for head of household filing status even though the child is not a qualifying child for whom you can claim an exemption. Irs form 1040 2012 3 This person is a qualifying person if the only reason you cannot claim the exemption is that you can be claimed as a dependent on someone else's return. Irs form 1040 2012 4 See Table 3, later, for the tests that must be met to be a qualifying relative. Irs form 1040 2012 5 If you can claim an exemption for a person only because of a multiple support agreement, that person is not a qualifying person. Irs form 1040 2012 See Multiple Support Agreement in Publication 501. Irs form 1040 2012 6 See Special rule for parent . Irs form 1040 2012 Special rule for parent. Irs form 1040 2012   If your qualifying person is your father or mother, you may be eligible to file as head of household even if your father or mother does not live with you. Irs form 1040 2012 However, you must be able to claim an exemption for your father or mother. Irs form 1040 2012 Also, you must pay more than half the cost of keeping up a home that was the main home for the entire year for your father or mother. Irs form 1040 2012 You are keeping up a main home for your father or mother if you pay more than half the cost of keeping your parent in a rest home or home for the elderly. Irs form 1040 2012 Death or birth. Irs form 1040 2012   If the person for whom you kept up a home was born or died in 2013, you still may be able to file as head of household. Irs form 1040 2012 If the person is your qualifying child, the child must have lived with you for more than half the part of the year he or she was alive. Irs form 1040 2012 If the person is anyone else, see Publication 501. Irs form 1040 2012 Temporary absences. Irs form 1040 2012   You and your qualifying person are considered to live together even if one or both of you are temporarily absent from your home due to special circumstances such as illness, education, business, vacation, or military service. Irs form 1040 2012 It must be reasonable to assume that the absent person will return to the home after the temporary absence. Irs form 1040 2012 You must continue to keep up the home during the absence. Irs form 1040 2012 Kidnapped child. Irs form 1040 2012   You may be eligible to file as head of household even if the child who is your qualifying person has been kidnapped. Irs form 1040 2012 You can claim head of household filing status if all the following statements are true. Irs form 1040 2012 The child must be presumed by law enforcement authorities to have been kidnapped by someone who is not a member of your family or the child's family. Irs form 1040 2012 In the year of the kidnapping, the child lived with you for more than half the part of the year before the kidnapping. Irs form 1040 2012 You would have qualified for head of household filing status if the child had not been kidnapped. Irs form 1040 2012   This treatment applies for all years until the earlier of: The year the child is returned, The year there is a determination that the child is dead, or The year the child would have reached age 18. Irs form 1040 2012 More information. Irs form 1040 2012   For more information on filing as head of household, see Publication 501. Irs form 1040 2012 Exemptions You can deduct $3,900 for each exemption you claim in 2013. Irs form 1040 2012 However, if your adjusted gross income is more than $150,000, see Phaseout of Exemptions , later. Irs form 1040 2012 There are two types of exemptions: personal exemptions and exemptions for dependents. Irs form 1040 2012 If you are entitled to claim an exemption for a dependent (such as your child), that dependent cannot claim his or her personal exemption on his or her own tax return. Irs form 1040 2012 Personal Exemptions You can claim your own exemption unless someone else can claim it. Irs form 1040 2012 If you are married, you may be able to take an exemption for your spouse. Irs form 1040 2012 These are called personal exemptions. Irs form 1040 2012 Exemption for Your Spouse Your spouse is never considered your dependent. Irs form 1040 2012 Joint return. Irs form 1040 2012   On a joint return, you can claim one exemption for yourself and one for your spouse. Irs form 1040 2012   If your spouse had any gross income, you can claim his or her exemption only if you file a joint return. Irs form 1040 2012 Separate return. Irs form 1040 2012   If you file a separate return, you can take an exemption for your spouse only if your spouse had no gross income, is not filing a return, and was not the dependent of another taxpayer. Irs form 1040 2012 If your spouse is the dependent of another taxpayer, you cannot claim an exemption for your spouse even if the other taxpayer does not actually claim your spouse's exemption. Irs form 1040 2012 Alimony paid. Irs form 1040 2012   If you paid alimony to your spouse, you cannot take an exemption for your spouse. Irs form 1040 2012 This is because alimony is gross income to the spouse who received it. Irs form 1040 2012 Divorced or separated spouse. Irs form 1040 2012   If you obtained a final decree of divorce or separate maintenance during the year, you cannot take your former spouse's exemption. Irs form 1040 2012 This rule applies even if you provided all of your former spouse's support. Irs form 1040 2012 Exemptions for Dependents You are allowed one exemption for each person you can claim as a dependent. Irs form 1040 2012 You can claim an exemption for a dependent even if your dependent files a return. Irs form 1040 2012 The term “dependent” means: A qualifying child, or A qualifying relative. Irs form 1040 2012 Table 3 shows the tests that must be met to be either a qualifying child or qualifying relative, plus the additional requirements for claiming an exemption for a dependent. Irs form 1040 2012 For detailed information, see Publication 501. Irs form 1040 2012   Dependent not allowed a personal exemption. Irs form 1040 2012 If you can claim an exemption for your dependent, the dependent cannot claim his or her own exemption on his or her own tax return. Irs form 1040 2012 This is true even if you do not claim the dependent's exemption on your return. Irs form 1040 2012 It is also true if the decedent's exemption on your return is reduced or eliminated under the phaseout rule described under Phaseout of Exemptions, later. Irs form 1040 2012 Table 3. Irs form 1040 2012 Overview of the Rules for Claiming an Exemption for a Dependent Caution. Irs form 1040 2012 This table is only an overview of the rules. Irs form 1040 2012 For details, see Publication 501. Irs form 1040 2012 • You cannot claim any dependents if you, or your spouse if filing jointly, could be claimed as a dependent by another taxpayer. Irs form 1040 2012 • You cannot claim a married person who files a joint return as a dependent unless that joint return is only a claim for refund and there would be no tax liability for either spouse on separate returns. Irs form 1040 2012 • You cannot claim a person as a dependent unless that person is a U. Irs form 1040 2012 S. Irs form 1040 2012 citizen, U. Irs form 1040 2012 S. Irs form 1040 2012 resident alien, U. Irs form 1040 2012 S. Irs form 1040 2012 national, or a resident of Canada or Mexico. Irs form 1040 2012 1 • You cannot claim a person as a dependent unless that person is your qualifying child or qualifying relative. Irs form 1040 2012   Tests To Be a Qualifying Child   Tests To Be a Qualifying Relative 1. Irs form 1040 2012     2. Irs form 1040 2012       3. Irs form 1040 2012    4. Irs form 1040 2012    5. Irs form 1040 2012    The child must be your son, daughter, stepchild, foster child, brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant of any of them. Irs form 1040 2012   The child must be (a) under age 19 at the end of the year and younger than you (or your spouse if filing jointly), (b) under age 24 at the end of the year, a student, and younger than you (or your spouse if filing jointly), or (c) any age if permanently and totally disabled. Irs form 1040 2012   The child must have lived with you for more than half of the year. Irs form 1040 2012 2   The child must not have provided more than half of his or her own support for the year. Irs form 1040 2012   The child is not filing a joint return for the year (unless that joint return is filed only as a claim for refund of withheld income tax or estimated tax paid). Irs form 1040 2012   1. Irs form 1040 2012    2. Irs form 1040 2012       3. Irs form 1040 2012    4. Irs form 1040 2012 The person cannot be your qualifying child or the qualifying child of anyone else. Irs form 1040 2012   The person either (a) must be related to you in one of the ways listed under Relatives who do not have to live with you in Publication 501 or (b) must live with you all year as a member of your household 2 (and your relationship must not violate local law). Irs form 1040 2012   The person's gross income for the year must be less than $3,900. Irs form 1040 2012 3   You must provide more than half of the person's total support for the year. Irs form 1040 2012 4 If the child meets the rules to be a qualifying child of more than one person, only one person can actually treat the child as a qualifying child. Irs form 1040 2012 See Special Rule for Qualifying Child of More Than One Person , later, to find out which person is the person entitled to claim the child as a qualifying child. Irs form 1040 2012     1 Exception exists for certain adopted children. Irs form 1040 2012 2 Exceptions exist for temporary absences, children who were born or died during the year, children of divorced or separated parents (or parents who live apart), and kidnapped children. Irs form 1040 2012 3 Exception exists for persons who are disabled and have income from a sheltered workshop. Irs form 1040 2012 4 Exceptions exist for multiple support agreements, children of divorced or separated parents (or parents who live apart), and kidnapped children. Irs form 1040 2012 See Publication 501. Irs form 1040 2012 You may be entitled to a child tax credit for each qualifying child who was under age 17 at the end of the year if you claimed an exemption for that child. Irs form 1040 2012 For more information, see the instructions for your tax return if you file Form 1040A or 1040. Irs form 1040 2012 Children of Divorced or Separated Parents (or Parents Who Live Apart) In most cases, because of the residency test (see item 3 under Tests To Be a Qualifying Child in Table 3), a child of divorced or separated parents is the qualifying child of the custodial parent. Irs form 1040 2012 However, the child will be treated as the qualifying child of the noncustodial parent if the special rule (discussed next) applies. Irs form 1040 2012 Special rule for divorced or separated parents (or parents who live apart). Irs form 1040 2012   A child will be treated as the qualifying child of his or her noncustodial parent if all four of the following statements are true. Irs form 1040 2012 The parents: Are divorced or legally separated under a decree of divorce or separate maintenance, Are separated under a written separation agreement, or Lived apart at all times during the last 6 months of the year, whether or not they are or were married. Irs form 1040 2012 The child received over half of his or her support for the year from the parents. Irs form 1040 2012 The child is in the custody of one or both parents for more than half of the year. Irs form 1040 2012 Either of the following applies. Irs form 1040 2012 The custodial parent signs a written declaration, discussed later, that he or she will not claim the child as a dependent for the year, and the noncustodial parent attaches this written declaration to his or her return. Irs form 1040 2012 (If the decree or agreement went into effect after 1984, see Divorce decree or separation agreement that went into effect after 1984 and before 2009 , later. Irs form 1040 2012 A pre-1985 decree of divorce or separate maintenance or written separation agreement that applies to 2013 states that the noncustodial parent can claim the child as a dependent, the decree or agreement was not changed after 1984 to say the noncustodial parent cannot claim the child as a dependent, and the noncustodial parent provides at least $600 for the child's support during 2013. Irs form 1040 2012 See Child support under pre-1985 agreement , later. Irs form 1040 2012 Custodial parent and noncustodial parent. Irs form 1040 2012   The custodial parent is the parent with whom the child lived for the greater number of nights during the year. Irs form 1040 2012 The other parent is the noncustodial parent. Irs form 1040 2012   If the parents divorced or separated during the year and the child lived with both parents before the separation, the custodial parent is the one with whom the child lived for the greater number of nights during the rest of the year. Irs form 1040 2012   A child is treated as living with a parent for a night if the child sleeps: At that parent's home, whether or not the parent is present, or In the company of the parent, when the child does not sleep at a parent's home (for example, the parent and child are on vacation together). Irs form 1040 2012 Equal number of nights. Irs form 1040 2012   If the child lived with each parent for an equal number of nights during the year, the custodial parent is the parent with the higher adjusted gross income. Irs form 1040 2012 December 31. Irs form 1040 2012   The night of December 31 is treated as part of the year in which it begins. Irs form 1040 2012 For example, December 31, 2013, is treated as part of 2013. Irs form 1040 2012 Emancipated child. Irs form 1040 2012   If a child is emancipated under state law, the child is treated as not living with either parent. Irs form 1040 2012 See Examples 5 and 6 . Irs form 1040 2012 Absences. Irs form 1040 2012    If a child was not with either parent on a particular night (because, for example, the child was staying at a friend's house), the child is treated as living with the parent with whom the child normally would have lived for that night, except for the absence. Irs form 1040 2012 But if it cannot be determined with which parent the child normally would have lived or if the child would not have lived with either parent that night, the child is treated as not living with either parent that night. Irs form 1040 2012 Parent works at night. Irs form 1040 2012   If, due to a parent's nighttime work schedule, a child lives for a greater number of days but not nights with the parent who works at night, that parent is treated as the custodial parent. Irs form 1040 2012 On a school day, the child is treated as living at the primary residence registered with the school. Irs form 1040 2012 Example 1 – child lived with one parent greater number of nights. Irs form 1040 2012 You and your child’s other parent are divorced. Irs form 1040 2012 In 2013, your child lived with you 210 nights and with the other parent 156 nights. Irs form 1040 2012 You are the custodial parent. Irs form 1040 2012 Example 2 – child is away at camp. Irs form 1040 2012 In 2013, your daughter lives with each parent for alternate weeks. Irs form 1040 2012 In the summer, she spends 6 weeks at summer camp. Irs form 1040 2012 During the time she is at camp, she is treated as living with you for 3 weeks and with her other parent, your ex-spouse, for 3 weeks because this is how long she would have lived with each parent if she had not attended summer camp. Irs form 1040 2012 Example 3 – child lived same number of days with each parent. Irs form 1040 2012 Your son lived with you 180 nights during the year and lived the same number of nights with his other parent, your ex-spouse. Irs form 1040 2012 Your adjusted gross income is $40,000. Irs form 1040 2012 Your ex-spouse's adjusted gross income is $25,000. Irs form 1040 2012 You are treated as your son's custodial parent because you have the higher adjusted gross income. Irs form 1040 2012 Example 4 – child is at parent’s home but with other parent. Irs form 1040 2012 Your son normally lives with you during the week and with his other parent, your ex-spouse, every other weekend. Irs form 1040 2012 You become ill and are hospitalized. Irs form 1040 2012 The other parent lives in your home with your son for 10 consecutive days while you are in the hospital. Irs form 1040 2012 Your son is treated as living with you during this 10-day period because he was living in your home. Irs form 1040 2012 Example 5 – child emancipated in May. Irs form 1040 2012 When your son turned age 18 in May 2013, he became emancipated under the law of the state where he lives. Irs form 1040 2012 As a result, he is not considered in the custody of his parents for more than half of the year. Irs form 1040 2012 The special rule for children of divorced or separated parents (or parents who live apart) does not apply. Irs form 1040 2012 Example 6 – child emancipated in August. Irs form 1040 2012 Your daughter lives with you from January 1, 2013, until May 31, 2013, and lives with her other parent, your ex-spouse, from June 1, 2013, through the end of the year. Irs form 1040 2012 She turns 18 and is emancipated under state law on August 1, 2013. Irs form 1040 2012 Because she is treated as not living with either parent beginning on August 1, she is treated as living with you the greater number of nights in 2013. Irs form 1040 2012 You are the custodial parent. Irs form 1040 2012 Written declaration. Irs form 1040 2012    The custodial parent must use either Form 8332 or a similar statement (containing the same information required by the form) to make the written declaration to release the exemption to the noncustodial parent. Irs form 1040 2012 The noncustodial parent must attach a copy of the form or statement to his or her tax return. Irs form 1040 2012   The exemption can be released for 1 year, for a number of specified years (for example, alternate years), or for all future years, as specified in the declaration. Irs form 1040 2012 Divorce decree or separation agreement that went into effect after 1984 and before 2009. Irs form 1040 2012   If the divorce decree or separation agreement went into effect after 1984 and before 2009, the noncustodial parent may be able to attach certain pages from the decree or agreement instead of Form 8332. Irs form 1040 2012 To be able to do this, the decree or agreement must state all three of the following. Irs form 1040 2012 The noncustodial parent can claim the child as a dependent without regard to any condition, such as payment of support. Irs form 1040 2012 The custodial parent will not claim the child as a dependent for the year. Irs form 1040 2012 The years for which the noncustodial parent, rather than the custodial parent, can claim the child as a dependent. Irs form 1040 2012   The noncustodial parent must attach all of the following pages of the decree or agreement to his or her return. Irs form 1040 2012 The cover page (write the other parent's social security number on this page). Irs form 1040 2012 The pages that include all of the information identified in items (1) through (3) above. Irs form 1040 2012 The signature page with the other parent's signature and the date of the agreement. Irs form 1040 2012 Post-2008 divorce decree or separation agreement. Irs form 1040 2012   If the decree or agreement went into effect after 2008, a noncustodial parent claiming an exemption for a child cannot attach pages from a divorce decree or separation agreement instead of Form 8332. Irs form 1040 2012 The custodial parent must sign either a Form 8332 or a similar statement. Irs form 1040 2012 The only purpose of this statement must be to release the custodial parent's claim to the child's exemption. Irs form 1040 2012 The noncustodial parent must attach a copy to his or her return. Irs form 1040 2012 The form or statement must release the custodial parent's claim to the child without any conditions. Irs form 1040 2012 For example, the release must not depend on the noncustodial parent paying support. Irs form 1040 2012    The noncustodial parent must attach the required information even if it was filed with a return in an earlier year. Irs form 1040 2012 Revocation of release of claim to an exemption. Irs form 1040 2012   The custodial parent can revoke a release of claim to exemption that he or she previously released to the noncustodial parent on Form 8332 or a similar statement. Irs form 1040 2012 In order for the revocation to be effective for 2013, the custodial parent must have given (or made reasonable efforts to give) written notice of the revocation to the noncustodial parent in 2012 or earlier. Irs form 1040 2012 The custodial parent can use Part III of Form 8332 for this purpose and must attach a copy of the revocation to his or her return for each tax year he or she claims the child as a dependent as a result of the revocation. Irs form 1040 2012 Remarried parent. Irs form 1040 2012   If you remarry, the support provided by your new spouse is treated as provided by you. Irs form 1040 2012 Child support under pre-1985 agreement. Irs form 1040 2012   All child support payments actually received from the noncustodial parent under a pre-1985 agreement are considered used for the support of the child, even if such amounts are not actually spent for child support. Irs form 1040 2012 Example. Irs form 1040 2012 Under a pre-1985 agreement, the noncustodial parent provides $1,200 for the child's support. Irs form 1040 2012 This amount is considered support provided by the noncustodial parent even if the $1,200 was actually spent on things other than support. Irs form 1040 2012 Parents who never married. Irs form 1040 2012   The special rule for divorced or separated parents also applies to parents who never married and lived apart at all times during the last 6 months of the year. Irs form 1040 2012 Alimony. Irs form 1040 2012   Payments to your spouse that are includible in his or her gross income as either alimony, separate maintenance payments, or similar payments from an estate or trust, are not treated as a payment for the support of a dependent. Irs form 1040 2012 Special Rule for Qualifying Child of More Than One Person If your qualifying child is not a qualifying child of anyone else, this special rule does not apply to you and you do not need to read about it. Irs form 1040 2012 This is also true if your qualifying child is not a qualifying child of anyone else except your spouse with whom you file a joint return. Irs form 1040 2012 If a child is treated as the qualifying child of the noncustodial parent under the Special rule for divorced or separated parents (or parents who live apart), earlier, see Applying this special rule to divorced or separated parents (or parents who live apart), later. Irs form 1040 2012 Sometimes, a child meets the relationship, age, residency, support, and joint return tests to be a qualifying child of more than one person. Irs form 1040 2012 (For a description of these tests, see list items 1 through 5 under Tests To Be a Qualifying Child in Table 3). Irs form 1040 2012 Although the child meets the conditions to be a qualifying child of each of these persons, only one person can actually use the child as a qualifying child to take all of the following tax benefits (provided the person is eligible for each benefit). Irs form 1040 2012 The exemption for the child. Irs form 1040 2012 The child tax credit. Irs form 1040 2012 Head of household filing status. Irs form 1040 2012 The credit for child and dependent care expenses. Irs form 1040 2012 The exclusion from income for dependent care benefits. Irs form 1040 2012 The earned income credit. Irs form 1040 2012 The other person cannot take any of these benefits based on this qualifying child. Irs form 1040 2012 In other words, you and the other person cannot agree to divide these tax benefits between you. Irs form 1040 2012 The other person cannot take any of these tax benefits unless he or she has a different qualifying child. Irs form 1040 2012 Tiebreaker rules. Irs form 1040 2012   To determine which person can treat the child as a qualifying child to claim these six tax benefits, the following tiebreaker rules apply. Irs form 1040 2012 If only one of the persons is the child's parent, the child is treated as the qualifying child of the parent. Irs form 1040 2012 If the parents do not file a joint return together but both parents claim the child as a qualifying child, the IRS will treat the child as the qualifying child of the parent with whom the child lived for the longer period of time during the year. Irs form 1040 2012 If the child lived with each parent for the same amount of time, the IRS will treat the child as the qualifying child of the parent who had the higher adjusted gross income (AGI) for the year. Irs form 1040 2012 If no parent can claim the child as a qualifying child, the child is treated as the qualifying child of the person who had the highest AGI for the year. Irs form 1040 2012 If a parent can claim the child as a qualifying child but no parent does so claim the child, the child is treated as the qualifying child of the person who had the highest AGI for the year, but only if that person's AGI is higher than the highest AGI of any of the child's parents who can claim the child. Irs form 1040 2012 If the child's parents file a joint return with each other, this rule can be applied by dividing the parents' total AGI evenly between them; see Publication 501 for details. Irs form 1040 2012   Subject to these tiebreaker rules, you and the other person may be able to choose which of you claims the child as a qualifying child. Irs form 1040 2012 Example 1—separated parents. Irs form 1040 2012 You, your husband, and your 10-year-old son lived together until August 1, 2013, when your husband moved out of the household. Irs form 1040 2012 In August and September, your son lived with you. Irs form 1040 2012 For the rest of the year, your son lived with your husband, the boy's father. Irs form 1040 2012 Your son is a qualifying child of both you and your husband because your son lived with each of you for more than half the year and because he met the relationship, age, support, and joint return tests for both of you. Irs form 1040 2012 At the end of the year, you and your husband still were not divorced, legally separated, or separated under a written separation agreement, so the special rule for divorced or separated parents (or parents who live apart) does not apply. Irs form 1040 2012 You and your husband will file separate returns. Irs form 1040 2012 Your husband agrees to let you treat your son as a qualifying child. Irs form 1040 2012 This means, if your husband does not claim your son as a qualifying child, you can claim your son as a dependent and treat him as a qualifying child for the child tax credit and exclusion for dependent care benefits, if you qualify for each of those tax benefits. Irs form 1040 2012 However, you cannot claim head of household filing status because you and your husband did not live apart the last 6 months of the year. Irs form 1040 2012 And, as a result of your filing status being married filing separately, you cannot claim the earned income credit or the credit for child and dependent care expenses. Irs form 1040 2012 Example 2—separated parents claim same child. Irs form 1040 2012 The facts are the same as in Example 1 except that you and your husband both claim your son as a qualifying child. Irs form 1040 2012 In this case, only your husband will be allowed to treat your son as a qualifying child. Irs form 1040 2012 This is because, during 2013, the boy lived with him longer than with you. Irs form 1040 2012 If you claimed an exemption, the child tax credit, or the exclusion for dependent care benefits for your son, the IRS will disallow your claim to all these tax benefits, unless you have another qualifying child. Irs form 1040 2012 In addition, because you and your husband did not live apart the last 6 months of the year, your husband cannot claim head of household filing status. Irs form 1040 2012 And, as a result of his filing status being married filing separately, he cannot claim the earned income credit or the credit for child and dependent care expenses. Irs form 1040 2012 Applying this special rule to divorced or separated parents (or parents who live apart). Irs form 1040 2012   If a child is treated as the qualifying child of the noncustodial parent under the special rule for divorced or separated parents (or parents who live apart) described earlier, only the noncustodial parent can claim an exemption and the child tax credit for the child. Irs form 1040 2012 However, the noncustodial parent cannot claim the child as a qualifying child for head of household filing status, the credit for child and dependent care expenses, the exclusion for dependent care benefits, and the earned income credit. Irs form 1040 2012 Only the custodial parent, if eligible, or another eligible taxpayer can claim the child as a qualifying child for those four tax benefits. Irs form 1040 2012 If the child is the qualifying child of more than one person for those tax benefits, the tiebreaker rules determine which person can treat the child as a qualifying child. Irs form 1040 2012 Example 1. Irs form 1040 2012 You and your 5-year-old son lived all year with your mother, who paid the entire cost of keeping up the home. Irs form 1040 2012 Your AGI is $10,000. Irs form 1040 2012 Your mother's AGI is $25,000. Irs form 1040 2012 Your son's father does not live with you or your son. Irs form 1040 2012 Under the rules for children of divorced or separated parents (or parents who live apart), your son is treated as the qualifying child of his father, who can claim an exemption and the child tax credit for the child if he meets all the requirements to do so. Irs form 1040 2012 Because of this, you cannot claim an exemption or the child tax credit for your son. Irs form 1040 2012 However, your son's father cannot claim your son as a qualifying child for head of household filing status, the credit for child and dependent care expenses, the exclusion for dependent care benefits, or the earned income credit. Irs form 1040 2012 You and your mother did not have any child care expenses or dependent care benefits, but the boy is a qualifying child of both you and your mother for head of household filing status and the earned income credit because he meets the relationship, age, residency, support, and joint return tests for both you and your mother. Irs form 1040 2012 (Note: The support test does not apply for the earned income credit. Irs form 1040 2012 ) However, you agree to let your mother claim your son. Irs form 1040 2012 This means she can claim him for head of household filing status and the earned income credit if she qualifies for each and if you do not claim him as a qualifying child for the earned income credit. Irs form 1040 2012 (You cannot claim head of household filing status because your mother paid the entire cost of keeping up the home. Irs form 1040 2012 ) Example 2. Irs form 1040 2012 The facts are the same as in Example 1 except that your AGI is $25,000 and your mother's AGI is $21,000. Irs form 1040 2012 Your mother cannot claim your son as a qualifying child for any purpose because her AGI is not higher than yours. Irs form 1040 2012 Example 3. Irs form 1040 2012 The facts are the same as in Example 1 except that you and your mother both claim your son as a qualifying child for the earned income credit. Irs form 1040 2012 Your mother also claims him as a qualifying child for head of household filing status. Irs form 1040 2012 You, as the child's parent, will be the only one allowed to claim your son as a qualifying child for the earned income credit. Irs form 1040 2012 The IRS will disallow your mother's claim to the earned income credit and head of household filing status unless she has another qualifying child. Irs form 1040 2012 Phaseout of Exemptions The amount you can claim as a deduction for exemptions is reduced once your adjusted gross income (AGI) goes above a certain level for your filing status. Irs form 1040 2012 These levels are as follows:    Filing Status AGI Level That Reduces Exemption Amount Married filing separately $150,000 Single 250,000 Head of household 275,000 Married filing jointly 300,000 Qualifying widow(er) 300,000 You must reduce the dollar amount of your exemptions by 2% for each $2,500, or part of $2,500 ($1,250 if you are married filing separately), that your AGI exceeds the amount shown above for your filing status. Irs form 1040 2012 If your AGI exceeds the amount shown above by more than $122,500 ($61,250 if married filing separately), the amount of your deduction for exemptions is reduced to zero. Irs form 1040 2012 If your AGI exceeds the level for your filing status, use the Deduction for Exemptions Worksheet found in the instructions for Form 1040 or Form 1040NR to figure the amount of your deduction for exemptions. Irs form 1040 2012 Alimony Alimony is a payment to or for a spouse or former spouse under a divorce or separation instrument. Irs form 1040 2012 It does not include voluntary payments that are not made under a divorce or separation instrument. Irs form 1040 2012 Alimony is deductible by the payer and must be included in the spouse's or former spouse's income. Irs form 1040 2012 Although this discussion is generally written for the payer of the alimony, the recipient can use the information to determine whether an amount received is alimony. Irs form 1040 2012 To be alimony, a payment must meet certain requirements. Irs form 1040 2012 There are some differences between the requirements that apply to payments under instruments executed after 1984 and to payments under instruments executed before 1985. Irs form 1040 2012 The general requirements that apply to payments regardless of when the divorce or separation instrument was executed and the specific requirements that apply to post-1984 instruments (and, in certain cases, some pre-1985 instruments) are discussed in this publication. Irs form 1040 2012 See, Instruments Executed Before 1985 , later, if you are looking for information on where to find the specific requirements that apply to pre-1985 instruments. Irs form 1040 2012 Spouse or former spouse. Irs form 1040 2012   Unless otherwise stated, the term “spouse” includes former spouse. Irs form 1040 2012 Divorce or separation instrument. Irs form 1040 2012   The term “divorce or separation instrument” means: A decree of divorce or separate maintenance or a written instrument incident to that decree, A written separation agreement, or A decree or any type of court order requiring a spouse to make payments for the support or maintenance of the other spouse. Irs form 1040 2012 This includes a temporary decree, an interlocutory (not final) decree, and a decree of alimony pendente lite (while awaiting action on the final decree or agreement). Irs form 1040 2012 Invalid decree. Irs form 1040 2012   Payments under a divorce decree can be alimony even if the decree's validity is in question. Irs form 1040 2012 A divorce decree is valid for tax purposes until a court having proper jurisdiction holds it invalid. Irs form 1040 2012 Amended instrument. Irs form 1040 2012   An amendment to a divorce decree may change the nature of your payments. Irs form 1040 2012 Amendments are not ordinarily retroactive for federal tax purposes. Irs form 1040 2012 However, a retroactive amendment to a divorce decree correcting a clerical error to reflect the original intent of the court will generally be effective retroactively for federal tax purposes. Irs form 1040 2012 Example 1. Irs form 1040 2012 A court order retroactively corrected a mathematical error under your divorce decree to express the original intent to spread the payments over more than 10 years. Irs form 1040 2012 This change also is effective retroactively for federal tax purposes. Irs form 1040 2012 Example 2. Irs form 1040 2012 Your original divorce decree did not fix any part of the payment as child support. Irs form 1040 2012 To reflect the true intention of the court, a court order retroactively corrected the error by designating a part of the payment as child support. Irs form 1040 2012 The amended order is effective retroactively for federal tax purposes. Irs form 1040 2012 Deducting alimony paid. Irs form 1040 2012   You can deduct alimony you paid, whether or not you itemize deductions on your return. Irs form 1040 2012 You must file Form 1040. Irs form 1040 2012 You cannot use Form 1040A, 1040EZ, or 1040NR. Irs form 1040 2012 Enter the amount of alimony you paid on Form 1040, line 31a. Irs form 1040 2012 In the space provided on line 31b, enter your spouse's social security number (SSN) or IRS individual taxpayer identification number (ITIN). Irs form 1040 2012 If you paid alimony to more than one person, enter the SSN or ITIN of one of the recipients. Irs form 1040 2012 Show the SSN or ITIN and amount paid to each other recipient on an attached statement. Irs form 1040 2012 Enter your total payments on line 31a. Irs form 1040 2012 If you do not provide your spouse's SSN or ITIN, you may have to pay a $50 penalty and your deduction may be disallowed. Irs form 1040 2012 Reporting alimony received. Irs form 1040 2012   Report alimony you received as income on Form 1040, line 11, or on Schedule NEC (Form 1040NR), line 12. Irs form 1040 2012 You cannot use Form 1040A, 1040EZ, or 1040NR-EZ. Irs form 1040 2012    You must give the person who paid the alimony your SSN or ITIN. Irs form 1040 2012 If you do not, you may have to pay a $50 penalty. Irs form 1040 2012 Withholding on nonresident aliens. Irs form 1040 2012   If you are a U. Irs form 1040 2012 S. Irs form 1040 2012 citizen or resident alien and you pay alimony to a nonresident alien spouse, you may have to withhold income tax at a rate of 30% on each payment. Irs form 1040 2012 However, many tax treaties provide for an exemption from withholding for alimony payments. Irs form 1040 2012 For more information, see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities. Irs form 1040 2012 General Rules The following rules apply to alimony regardless of when the divorce or separation instrument was executed. Irs form 1040 2012 Payments not alimony. Irs form 1040 2012   Not all payments under a divorce or separation instrument are alimony. Irs form 1040 2012 Alimony does not include: Child support, Noncash property settlements, Payments that are your spouse's part of community income, as explained later under Community Property , Payments to keep up the payer's property, or Use of the payer's property. Irs form 1040 2012 Example. Irs form 1040 2012 Under your written separation agreement, your spouse lives rent-free in a home you own and you must pay the mortgage, real estate taxes, insurance, repairs, and utilities for the home. Irs form 1040 2012 Because you own the home and the debts are yours, your payments for the mortgage, real estate taxes, insurance, and repairs are not alimony. Irs form 1040 2012 Neither is the value of your spouse's use of the home. Irs form 1040 2012 If they otherwise qualify, you can deduct the payments for utilities as alimony. Irs form 1040 2012 Your spouse must report them as income. Irs form 1040 2012 If you itemize deductions, you can deduct the real estate taxes and, if the home is a qualified home, you can also include the interest on the mortgage in figuring your deductible interest. Irs form 1040 2012 However, if your spouse owned the home, see Example 2 under Payments to a third party, later. Irs form 1040 2012 If you owned the home jointly with your spouse, see Table 4. Irs form 1040 2012 For more information on a qualified home and deductible mortgage interest, see Publication 936, Home Mortgage Interest Deduction. Irs form 1040 2012 Child support. Irs form 1040 2012   To determine whether a payment is child support, see the discussion under Instruments Executed After 1984 , later. Irs form 1040 2012 If your divorce or separation agreement was executed before 1985, see the 2004 revision of Publication 504 available at www. Irs form 1040 2012 irs. Irs form 1040 2012 gov/formspubs. Irs form 1040 2012 Underpayment. Irs form 1040 2012   If both alimony and child support payments are called for by your divorce or separation instrument, and you pay less than the total required, the payments apply first to child support and then to alimony. Irs form 1040 2012 Example. Irs form 1040 2012 Your divorce decree calls for you to pay your former spouse $200 a month ($2,400 ($200 x 12) a year) as child support and $150 a month ($1,800 ($150 x 12) a year) as alimony. Irs form 1040 2012 If you pay the full amount of $4,200 ($2,400 + $1,800) during the year, you can deduct $1,800 as alimony and your former spouse must report $1,800 as alimony received. Irs form 1040 2012 If you pay only $3,600 during the year, $2,400 is child support. Irs form 1040 2012 You can deduct only $1,200 ($3,600 – $2,400) as alimony and your former spouse must report $1,200 as alimony received. Irs form 1040 2012 Payments to a third party. Irs form 1040 2012   Cash payments, checks, or money orders to a third party on behalf of your spouse under the terms of your divorce or separation instrument can be alimony, if they otherwise qualify. Irs form 1040 2012 These include payments for your spouse's medical expenses, housing costs (rent, utilities, etc. Irs form 1040 2012 ), taxes, tuition, etc. Irs form 1040 2012 The payments are treated as received by your spouse and then paid to the third party. Irs form 1040 2012 Example 1. Irs form 1040 2012 Under your divorce decree, you must pay your former spouse's medical and dental expenses. Irs form 1040 2012 If the payments otherwise qualify, you can deduct them as alimony on your return. Irs form 1040 2012 Your former spouse must report them as alimony received and can include them in figuring deductible medical expenses. Irs form 1040 2012 Example 2. Irs form 1040 2012 Under your separation agreement, you must pay the real estate taxes, mortgage payments, and insurance premiums on a home owned by your spouse. Irs form 1040 2012 If they otherwise qualify, you can deduct the payments as alimony on your return, and your spouse must report them as alimony received. Irs form 1040 2012 If itemizing deductions, your spouse can deduct the real estate taxes and, if the home is a qualified home, also include the interest on the mortgage in figuring deductible interest. Irs form 1040 2012 However, if you owned the home, see the example under Payments not alimony , earlier. Irs form 1040 2012 If you owned the home jointly with your spouse, see Table 4. Irs form 1040 2012 Life insurance premiums. Irs form 1040 2012   Alimony includes premiums you must pay under your divorce or separation instrument for insurance on your life to the extent your spouse owns the policy. Irs form 1040 2012 Payments for jointly-owned home. Irs form 1040 2012   If your divorce or separation instrument states that you must pay expenses for a home owned by you and your spouse or former spouse, some of your payments may be alimony. Irs form 1040 2012 See Table 4. Irs form 1040 2012   However, if your spouse owned the home, see Example 2 under Payments to a third party, earlier. Irs form 1040 2012 If you owned the home, see the example under Payments not alimony , earlier. Irs form 1040 2012 Table 4. Irs form 1040 2012 Expenses for a Jointly-Owned Home Use the table below to find how much of your payment is alimony and how much you can claim as an itemized deduction. Irs form 1040 2012 IF you must pay all of the . Irs form 1040 2012 . Irs form 1040 2012 . Irs form 1040 2012 AND your home is . Irs form 1040 2012 . Irs form 1040 2012 . Irs form 1040 2012 THEN you can deduct and your spouse (or former spouse) must include as alimony . Irs form 1040 2012 . Irs form 1040 2012 . Irs form 1040 2012 AND you can claim as an itemized deduction . Irs form 1040 2012 . Irs form 1040 2012 . Irs form 1040 2012   mortgage payments (principal and interest) jointly owned half of the total payments half of the interest as interest expense (if the home is a qualified home). Irs form 1040 2012 1   real estate taxes and home insurance held as tenants in common half of the total payments half of the real estate taxes2 and none of the home insurance. Irs form 1040 2012     held as tenants by the entirety or in joint tenancy none of the payments all of the real estate taxes and none of the home insurance. Irs form 1040 2012 1 Your spouse (or former spouse) can deduct the other half of the interest if the home is a qualified home. Irs form 1040 2012  2 Your spouse (or former spouse) can deduct the other half of the real estate taxes. Irs form 1040 2012 Instruments Executed After 1984 The following rules for alimony apply to payments under divorce or separation instruments executed after 1984. Irs form 1040 2012 Exception for instruments executed before 1985. Irs form 1040 2012   There are two situations where the rules for instruments executed after 1984 apply to instruments executed before 1985. Irs form 1040 2012 A divorce or separation instrument executed before 1985 and then modified after 1984 to specify that the after-1984 rules will apply. Irs form 1040 2012 A temporary divorce or separation instrument executed before 1985 and incorporated into, or adopted by, a final decree executed after 1984 that: Changes the amount or period of payment, or Adds or deletes any contingency or condition. Irs form 1040 2012   For the rules for alimony payments under pre-1985 instruments not meeting these exceptions, see the 2004 revision of Publication 504 available at www. Irs form 1040 2012 irs. Irs form 1040 2012 gov/formspubs. Irs form 1040 2012 Example 1. Irs form 1040 2012 In November 1984, you and your former spouse executed a written separation agreement. Irs form 1040 2012 In February 1985, a decree of divorce was substituted for the written separation agreement. Irs form 1040 2012 The decree of divorce did not change the terms for the alimony you pay your former spouse. Irs form 1040 2012 The decree of divorce is treated as executed before 1985. Irs form 1040 2012 Alimony payments under this decree are not subject to the rules for payments under instruments executed after 1984. Irs form 1040 2012 Example 2. Irs form 1040 2012 The facts are the same as in Example 1 except that the decree of divorce changed the amount of the alimony. Irs form 1040 2012 In this example, the decree of divorce is not treated as executed before 1985. Irs form 1040 2012 The alimony payments are subject to the rules for payments under instruments executed after 1984. Irs form 1040 2012 Alimony Requirements A payment to or for a spouse under a divorce or separation instrument is alimony if the spouses do not file a joint return with each other and all the following requirements are met. Irs form 1040 2012 The payment is in cash. Irs form 1040 2012 The instrument does not designate the payment as not alimony. Irs form 1040 2012 The spouses are not members of the same household at the time the payments are made. Irs form 1040 2012 This requirement applies only if the spouses are legally separated under a decree of divorce or separate maintenance. Irs form 1040 2012 There is no liability to make any payment (in cash or property) after the death of the recipient spouse. Irs form 1040 2012 The payment is not treated as child support. Irs form 1040 2012 Each of these requirements is discussed next. Irs form 1040 2012 Cash payment requirement. Irs form 1040 2012   Only cash payments, including checks and money orders, qualify as alimony. Irs form 1040 2012 The following do not qualify as alimony. Irs form 1040 2012 Transfers of services or property (including a debt instrument of a third party or an annuity contract). Irs form 1040 2012 Execution of a debt instrument by the payer. Irs form 1040 2012 The use of the payer's property. Irs form 1040 2012 Payments to a third party. Irs form 1040 2012   Cash payments to a third party under the terms of your divorce or separation instrument can qualify as cash payments to your spouse. Irs form 1040 2012 See Payments to a third party under General Rules, earlier. Irs form 1040 2012   Also, cash payments made to a third party at the written request of your spouse may qualify as alimony if all the following requirements are met. Irs form 1040 2012 The payments are in lieu of payments of alimony directly to your spouse. Irs form 1040 2012 The written request states that both spouses intend the payments to be treated as alimony. Irs form 1040 2012 You receive the written request from your spouse before you file your return for the year you made the payments. Irs form 1040 2012 Payments designated as not alimony. Irs form 1040 2012   You and your spouse can designate that otherwise qualifying payments are not alimony. Irs form 1040 2012 You do this by including a provision in your divorce or separation instrument that states the payments are not deductible as alimony by you and are excludable from your spouse's income. Irs form 1040 2012 For this purpose, any instrument (written statement) signed by both of you that makes this designation and that refers to a previous written separation agreement is treated as a written separation agreement (and therefore a divorce or separation instrument). Irs form 1040 2012 If you are subject to temporary support orders, the designation must be made in the original or a later temporary support order. Irs form 1040 2012   Your spouse can exclude the payments from income only if he or she attaches a copy of the instrument designating them as not alimony to his or her return. Irs form 1040 2012 The copy must be attached each year the designation applies. Irs form 1040 2012 Spouses cannot be members of the same household. Irs form 1040 2012   Payments to your spouse while you are members of the same household are not alimony if you are legally separated under a decree of divorce or separate maintenance. Irs form 1040 2012 A home you formerly shared is considered one household, even if you physically separate yourselves in the home. Irs form 1040 2012   You are not treated as members of the same household if one of you is preparing to leave the household and does leave no later than 1 month after the date of the payment. Irs form 1040 2012 Exception. Irs form 1040 2012   If you are not legally separated under a decree of divorce or separate maintenance, a payment under a written separation agreement, support decree, or other court order may qualify as alimony even if you are members of the same household when the payment is made. Irs form 1040 2012 Liability for payments after death of recipient spouse. Irs form 1040 2012   If any part of payments you make must continue to be made for any period after your spouse's death, that part of your payments is not alimony whether made before or after the death. Irs form 1040 2012 If all of the payments would continue, then none of the payments made before or after the death are alimony. Irs form 1040 2012   The divorce or separation instrument does not have to expressly state that the payments cease upon the