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Irs Gov Free State File

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Irs Gov Free State File

Irs gov free state file 2. Irs gov free state file   Filing Requirements and Required Disclosures Table of Contents Introduction Topics - This chapter discusses: Useful Items - You may want to see: Annual Information ReturnsSupporting Organization Annual Information Return Unrelated Business Income Tax ReturnEstimated tax. Irs gov free state file Employment Tax ReturnsException. Irs gov free state file FUTA tax exception. Irs gov free state file FICA tax exemption election. Irs gov free state file Revoking the election. Irs gov free state file Definitions. Irs gov free state file Effect on employees. Irs gov free state file Political Organization Income Tax ReturnExempt function. Irs gov free state file Political organization taxable income. Irs gov free state file Separate fund. Irs gov free state file Failure to file. Irs gov free state file Failure to pay on time. Irs gov free state file Reporting Requirements for a Political OrganizationForm 8871 Form 8872 Donee Information ReturnCharitable deduction property. Irs gov free state file Publicly traded securities. Irs gov free state file Exceptions. Irs gov free state file Form 8283. Irs gov free state file Information Provided to DonorsDisclosure of Quid Pro Quo Contributions Acknowledgment of Charitable Contributions of $250 or More Acknowledgment of Vehicle Contribution Qualified Intellectual Property Report of Cash Received Public Inspection of Exemption Applications, Annual Returns, and Political Organization Reporting FormsAnnual Information Return Public Inspection of Exemption Application Political Organization Reporting Forms Required DisclosuresSolicitation of Nondeductible Contributions Sales of Information or Services Available Free From Government Dues Used for Lobbying or Political Activities Prohibited Tax Shelter Transactions Miscellaneous RulesOrganizational Changes and Exempt Status Introduction Most exempt organizations (including private foundations) must file various returns and reports at some time during (or following the close of) their accounting period. Irs gov free state file Topics - This chapter discusses: Annual information returns Unrelated business income tax return Employment tax returns Political organization income tax return Reporting requirements for a political organization Donee information return Information provided to donors Report of cash received Public inspection of exemption applications, annual returns, and political organizations reporting forms Required disclosures Miscellaneous rules Useful Items - You may want to see: Publication 15 Circular E, Employer's Tax Guide 15-A Employer's Supplemental Tax Guide 15-B Employer's Tax Guide to Fringe Benefits 598 Tax on Unrelated Business Income of Exempt Organizations Form (and Instructions) 941 Employer's Quarterly Federal Tax Return 990 Return of Organization Exempt From Income Tax 990-EZ Short Form Return of Organization Exempt From Income Tax Schedule A (Form 990 or 990-EZ) Public Charity Status and Public Support Schedule B (Form 990, 990-EZ, or 990-PF) Schedule of Contributors Schedule C (Form 990 or 990-EZ) Political Campaign and Lobbying Activities Schedule D (Form 990) Supplemental Financial Statements Schedule E (Form 990 or 990-EZ) Schools Schedule F (Form 990) Statement of Activities Outside the United States Schedule G (Form 990 or 990-EZ) Supplemental Information Regarding Fundraising or Gaming Activities Schedule H (Form 990) Hospitals Schedule I (Form 990) Grants and Other Assistance to Organizations, Governments, and Individuals in the United States Schedule J (Form 990) Compensation Information Schedule K (Form 990) Supplemental Information on Tax-Exempt Bonds Schedule L (Form 990 or 990-EZ) Transactions With Interested Persons Schedule M (Form 990) Noncash Contributions Schedule N (Form 990 or 990-EZ) Liquidation, Termination, Dissolution, or Significant Disposition of Assets Schedule O (Form 990 or 990-EZ) Supplemental Information to Form 990 Schedule R (Form 990) Related Organizations and Unrelated Partnerships 990-PF Return of Private Foundation or Section 4947(a)(1) Nonexempt Charitable Trust Treated as a Private Foundation 990-BL Information and Initial Excise Tax Return for Black Lung Benefit Trusts and Certain Related Persons 990-T Exempt Organization Business Income Tax Return 990-W Estimated Tax on Unrelated Business Taxable Income for Tax-Exempt Organizations 1120-POL U. Irs gov free state file S. Irs gov free state file Income Tax Return for Certain Political Organizations 4720 Return of Certain Excise Taxes Under Chapters 41 and 42 of the Internal Revenue Code 5768 Election/Revocation of Election by an Eligible Section 501(c)(3) Organization To Make Expenditures To Influence Legislation 6069 Return of Excise Tax on Excess Contributions to Black Lung Benefit Trust Under Section 4953 and Computation of Section 192 Deduction 7004 Application for Automatic Extension of Time to File Certain Business Income Tax, Information, and Other Returns 8274 Certification by Churches and Qualified Church-Controlled Organizations Electing Exemption from Employer Social Security and Medicare Taxes 8282 Donee Information Return 8300 Report of Cash Payments Over $10,000 Received in a Trade or Business 8453-X Political Organization Declaration for Electronic Filing of Notice of Section 527 Status 8822-B Change of Address-Business 8868 Application for Extension of Time to File an Exempt Organization Return 8870 Information Return for Transfers Associated with Certain Personal Benefits Contracts 8871 Political Organization Notice of Section 527 Status 8872 Political Organization Report of Contributions and Expenditures 8886-T Disclosure by Tax-Exempt Entity Regarding Prohibited Tax Shelter Transaction 8899 Notice of Income from Donated Intellectual Property 8940 Request for Miscellaneous Determination See chapter 6 for information about getting these publications and forms. Irs gov free state file Annual Information Returns Every organization exempt from federal income tax under section 501(a) must file an Annual Exempt Organization Return except: A church, an interchurch organization of local units of a church, a convention or association of churches, An integrated auxiliary of a church, A church-affiliated organization that is exclusively engaged in managing funds or maintaining retirement programs, A school below college level affiliated with a church or operated by a religious order, Church-affiliated mission societies if more than half of their activities are conducted in, or are directed at persons in, foreign countries, An exclusively religious activity of any religious order, A state institution, the income of which is excluded from gross income under section 115, A corporation described in section 501(c)(1) that is organized under an Act of Congress, an instrumentality of the United States, and is exempt from Federal income taxes, A stock bonus, pension, or profit-sharing trust that qualifies under section 401 (required to file Form 5500, Annual Return/Report of Employee Benefit Plan), A religious or apostolic organization described in section 501(d) (required to file Form 1065, U. Irs gov free state file S. Irs gov free state file Return of Partnership Income), A governmental unit or an affiliate of a governmental unit that meets the requirements of Revenue Procedure 95-48, 1995-2 C. Irs gov free state file B. Irs gov free state file 418, www. Irs gov free state file irs. Irs gov free state file gov/pub/irs-tege/rp1995-48. Irs gov free state file pdf, A private foundation described in section 501(c)(3) and exempt under section 501(a) (required to file Form 990-PF, Return of Private Foundation), A political organization that is a state or local committee of a political party, a political committee of a state or local candidate, a caucus or association of state or local officials, or required to report under the Federal Election Campaign Act of 1971 as a political committee, An exempt organization (other than a private foundation) that normally has annual gross receipts of $50,000 or less, or A foreign organization, or an organization located in a U. Irs gov free state file S. Irs gov free state file possession, that normally has annual gross receipts from sources within the United States of $50,000 or less. Irs gov free state file Supporting Organization Annual Information Return For tax years ending after August 17, 2006, all section 509(a)(3) supporting organizations are required to file Form 990 or 990-EZ with the IRS regardless of the organization's gross receipts, unless it qualifies as one of the following: An integrated auxiliary of a church; The exclusively religious activities of a religious order; or An organization, the gross receipts of which are normally not more than $5,000, that supports a section 509(a)(3) religious order. Irs gov free state file If the organization is described in item (3) above, then it must submit Form 990-N (e-Postcard) unless it voluntarily files Form 990 or 990-EZ. Irs gov free state file On its annual information return, at Part I, Schedule A (Form 990 or 990-EZ) a supporting organization must: List the section 509(a)(3) organizations to which it provides support, Indicate whether it is a Type I, Type II, or Type III supporting organization, and Certify that the organization is not controlled directly or indirectly by disqualified persons (other than by foundation managers and other than one or more publicly supported organizations). Irs gov free state file Annual Electronic Filing Requirement for Small Tax-Exempt Organizations Small tax-exempt organizations with annual gross receipts normally $50,000 or less must submit Form 990-N, Electronic Notice (e-Postcard) for Tax-Exempt Organizations Not Required to File Form 990 or 990-EZ, with the IRS each year, if they choose not to file a Form 990 or 990-EZ. Irs gov free state file Form 990-N requires the following information: The organization's legal name, and mailing address; Any name under which it operates and does business; Its Internet website address (if any); Its taxpayer identification number; The name and address of a principal officer; Organization's annual tax period; Verification that the organization's annual gross receipts are normally $50,000 or less; and Notification if the organization has terminated. Irs gov free state file Form 990-N is due by the 15th day of the fifth month after the close of the tax year. Irs gov free state file For tax years beginning after December 31, 2006, any organization that fails to meet its annual reporting requirement for 3 consecutive years will automatically lose its tax-exempt status. Irs gov free state file To regain its exempt status an organization will have to reapply for recognition as a tax-exempt organization. Irs gov free state file Exceptions. Irs gov free state file   This filing requirement does not apply to: Churches, their integrated auxiliaries, and conventions or associations of churches; Organizations that are included in a group return; Private foundations required to file Form 990-PF; and Section 509(a)(3) supporting organizations required to file Form 990 or Form 990-EZ. Irs gov free state file Forms 990 and 990-EZ Exempt organizations, other than private foundations, must file their annual information returns on Form 990 or 990-EZ, unless excepted from filing or allowed to submit Form 990-N, described earlier. Irs gov free state file Generally, political organizations with gross receipts of $25,000 ($100,000 for a qualified state or local political organization (QSLPO)) or more for the tax year are required to file Form 990 or 990-EZ unless specifically excepted from filing the annual return. Irs gov free state file The following political organizations are not required to file Form 990 or Form 990-EZ. Irs gov free state file A state or local committee of a political party. Irs gov free state file A political committee of a state or local candidate. Irs gov free state file A caucus or association of state or local officials. Irs gov free state file A political organization that is required to report as a political committee under the Federal Election Campaign Act. Irs gov free state file A 501(c) organization that has expenditures for influencing or attempting to influence the selection, nomination, election, or appointment of any individual for a federal, state, or local public office. Irs gov free state file Form 990-EZ. Irs gov free state file   This is a shortened version of Form 990. Irs gov free state file It is designed for use by small exempt organizations and nonexempt charitable trusts. Irs gov free state file   Beginning in tax year 2010, an organization can file either Form 990 or 990-EZ if it meets the following: Its gross receipts during the year are less than $200,000. Irs gov free state file Its total assets (line 25, column (B) of Form 990-EZ) at the end of the year are less than $500,000. Irs gov free state file If your organization does not meet either of these conditions, you cannot file Form 990-EZ. Irs gov free state file Instead you must file Form 990. Irs gov free state file Group return. Irs gov free state file   A group return on Form 990 may be filed by a central, parent, or like organization for two or more local organizations, none of which is a private foundation. Irs gov free state file This return is in addition to the central organization's separate annual return if it must file a return. Irs gov free state file It cannot be included in the group return. Irs gov free state file See the instructions for Form 990 for the conditions under which this procedure may be used. Irs gov free state file    In any year that an organization is properly included as a subordinate organization on a group return, it should not file its own Form 990. Irs gov free state file Schedule A (Form 990 or 990-EZ). Irs gov free state file   Organizations, other than private foundations, that are described in section 501(c)(3) and that are otherwise required to file Form 990 or 990-EZ must also complete Schedule A of that form. Irs gov free state file Schedule B (Form 990, Form 990-EZ, or 990-PF). Irs gov free state file   Organizations that file Form 990 or 990-EZ use this schedule to provide required information regarding their contributors. Irs gov free state file Schedule O (Form 990). Irs gov free state file   Organizations that file Form 990 must use this schedule to provide required additional information or if additional space is needed. Irs gov free state file   Other schedules may be required to be filed with Form 990 or 990-EZ. Irs gov free state file See the instructions for Form 990 or the instructions for Form 990-EZ for more information. Irs gov free state file Report significant new or changed program services and changes to organizational documents. Irs gov free state file    An organization should report new significant program services or significant changes in how it conducts program services, and significant changes to its organizational documents, on its Form 990 rather than in a letter to EO Determinations. Irs gov free state file EO Determinations no longer issues letters confirming the tax-exempt status of organizations that report new services or significant changes, or changes to organizational documents. Irs gov free state file See Miscellaneous Rules, Organization Changes and Exempt Status, later. Irs gov free state file Form 990-PF All private foundations exempt under section 501(c)(3) must file Form 990-PF. Irs gov free state file These organizations are discussed in chapter 3. Irs gov free state file Electronic Filing You may be required to file Form 990, Form 990-EZ, or Form 990-PF, and related forms, schedules, and attachments electronically. Irs gov free state file If an organization is required to file a return electronically but does not, the organization is considered to have not filed its return. Irs gov free state file See Regulations section 301. Irs gov free state file 6033-4 for more information. Irs gov free state file The IRS may waive the requirement to file electronically in cases of undue hardship. Irs gov free state file For information on filing a waiver, see Notice 2010-13, 2010-4 I. Irs gov free state file R. Irs gov free state file B. Irs gov free state file 327, available at www. Irs gov free state file irs. Irs gov free state file gov/ir/2010-04_IRSB/ar14. Irs gov free state file html. Irs gov free state file Form 990. Irs gov free state file   An organization is required to file Form 990 electronically if it files at least 250 returns during the calendar year and has total assets of $10 million or more at the end of the tax year. Irs gov free state file Form 990-PF. Irs gov free state file   An organization is required to file Form 990-PF electronically if it files at least 250 returns during the calendar year. Irs gov free state file Due Date Forms 990, 990-EZ, or 990-PF must be filed by the 15th day of the fifth month after the end of your organization's accounting period. Irs gov free state file Thus, for a calendar year taxpayer, Forms 990, 990-EZ, or 990-PF is due May 15 of the following year. Irs gov free state file Extension of time to file. Irs gov free state file   Use Form 8868 to request an automatic 3-month extension of time to file Forms 990, 990-EZ, or 990-PF and also to apply for an additional (not automatic) 3-month extension if needed. Irs gov free state file   Do not apply for both the automatic 3-month extension and the additional 3-month extension at the same time. Irs gov free state file For more information, see Form 8868 and its instructions. Irs gov free state file   When filing Form 8868 for an automatic 3-month extension, neither a signature, nor an explanation is required. Irs gov free state file However, when filing Form 8868 for an additional 3-month extension, both a signature and an explanation are required. Irs gov free state file Application for exemption pending. Irs gov free state file   An organization that claims to be exempt under section 501(a) but has not established its exempt status by the due date for filing an information return must complete and file Form 990, 990-EZ, 990–N or 990-PF (if it considers itself a private foundation), unless the organization is exempt from Form 990-series filing requirements. Irs gov free state file If the organization's application is pending with the IRS, it must so indicate on Forms 990, 990-EZ, or 990-PF (whichever applies) by checking the application pending block at the top of page 1 of the return. Irs gov free state file For more information on the filing requirements, see the Instructions for Forms 990, 990-EZ, and 990-PF. Irs gov free state file State reporting requirements. Irs gov free state file   Copies of Forms 990, 990-EZ, or 990-PF may be used to satisfy state reporting requirements. Irs gov free state file See the instructions for those forms. Irs gov free state file Form 8870. Irs gov free state file   Organizations that filed a Form 990, 990-EZ, or 990-PF, and paid premiums or received transfers on certain life insurance, annuity, and endowment contracts (personal benefit contracts), must file Form 8870. Irs gov free state file For more information, see Form 8870 and the instructions for that form. Irs gov free state file Automatic Revocation If the organization fails to file a Form 990, 990-EZ, or 990-PF, or fails to submit a Form 990-N, as required, for 3 consecutive years, it will automatically lose its tax-exempt status by operation of law. Irs gov free state file The list of organizations whose tax-exempt status has been automatically revoked is available on IRS. Irs gov free state file gov. Irs gov free state file This list (Auto-Revocation List) may be viewed and searched on Exempt Organizations Select Check. Irs gov free state file The Auto-Revocation List includes each organization's name, Employer Identification Number (EIN) and last known address. Irs gov free state file It also includes the effective date of the automatic revocation and the date it was posted to the list. Irs gov free state file The IRS updates the list monthly to include additional organizations that lose their tax-exempt status. Irs gov free state file Tax Effect of Loss of Tax-Exempt Status If your organization’s tax-exempt status is automatically revoked, you may be required to file one of the following federal income tax returns and pay any applicable income taxes: Form 1120, U. Irs gov free state file S. Irs gov free state file Corporation Income Tax Return, due by the 15th day of the 3rd month after the end of your organization’s tax year, or Form 1041, U. Irs gov free state file S. Irs gov free state file Income Tax Return for Estates and Trusts, due by the 15th day of the 4th month after the end of your organization’s tax year. Irs gov free state file In addition, a section 501(c)(3) organization that loses its tax-exempt status cannot receive tax-deductible contributions and will not be identified in the IRS Business Master File extract as eligible to received tax-deductible contributions, or be included in Exempt Organizations Select Check (Pub 78 database). Irs gov free state file An organization whose exemption was automatically revoked must apply for tax exemption in order to regain its tax exemption (even if it was not originally required to apply). Irs gov free state file In some situations, an organization may be able to obtain exemption retroactive to its date of revocation. Irs gov free state file For more information about automatic revocation, go to IRS. Irs gov free state file gov and select Charities & Non-Profits and then select Revoked? Reinstated? Learn More. Irs gov free state file Penalties Penalties for failure to file. Irs gov free state file   Generally, an exempt organization that fails to file a required return must pay a penalty of $20 a day for each day the failure continues. Irs gov free state file The same penalty will apply if the organization does not give all the information required on the return or does not give the correct information. Irs gov free state file Maximum penalty. Irs gov free state file   The maximum penalty for any one return is the smaller of $10,000 or 5% of the organization's gross receipts for the year. Irs gov free state file Organization with gross receipts over $1 million. Irs gov free state file   For an organization that has gross receipts of over $1 million for the year, the penalty is $100 a day up to a maximum of $50,000. Irs gov free state file Managers. Irs gov free state file   If the organization is subject to this penalty, the IRS may specify a date by which the return or correct information must be supplied by the organization. Irs gov free state file Failure to comply with this demand will result in a penalty imposed upon the manager of the organization, or upon any other person responsible for filing a correct return. Irs gov free state file The penalty is $10 a day for each day that a return is not filed after the period given for filing. Irs gov free state file The maximum penalty imposed on all persons with respect to any one return is $5,000. Irs gov free state file Exception for reasonable cause. Irs gov free state file   No penalty will be imposed if reasonable cause for failure to file timely can be shown. Irs gov free state file Unrelated Business Income Tax Return Even though your organization is recognized as tax exempt, it still may be liable for tax on its unrelated business income. Irs gov free state file Unrelated business income is income from a trade or business, regularly carried on, that is not substantially related to the charitable, educational, or other purpose that is the basis for the organization's exemption. Irs gov free state file If your organization has $1,000 or more of unrelated business income, you must file Form 990-T in addition to your required annual information return. Irs gov free state file Estimated tax. Irs gov free state file   Quarterly estimated tax payments are due if your organization expects to owe $500 or more in tax including unrelated business income. Irs gov free state file Use Form 990-W to figure your organization's estimated tax payments. Irs gov free state file Travel tour programs. Irs gov free state file   Travel tour activities that are a trade or business are an unrelated trade or business if the activities are not substantially related to the purpose to which tax exemption was granted to the organization. Irs gov free state file   Whether travel tour activities conducted by an organization are substantially related to the organization's tax exempt purpose is determined by looking at all the relevant facts and circumstances, including, but not limited to, how a travel tour is developed, promoted, and operated. Irs gov free state file Example. Irs gov free state file ABC, a university alumni association, is tax exempt as an educational organization under section 501(c)(3). Irs gov free state file As part of its activities, ABC operates a travel tour program. Irs gov free state file The program is open to all current members of ABC and their guests. Irs gov free state file ABC works with travel agents to schedule approximately ten tours annually to various destinations around the world. Irs gov free state file Members of ABC pay $1,000 to XYZ Travel Agency to participate in a tour. Irs gov free state file XYZ pays ABC a per person fee for each participant. Irs gov free state file Although the literature advertising the tours encourages ABC members to continue their lifelong learning by joining the tours, and a faculty member of ABC's related university frequently joins the tour as a guest of the alumni association, none of the tours include any scheduled instruction or curriculum related to the destinations being visited. Irs gov free state file The travel tours made available to ABC's members do not contribute importantly to the accomplishment of ABC's educational purpose. Irs gov free state file Rather, ABC's program is designed to generate revenues for ABC by regularly offering its members travel services. Irs gov free state file Therefore, ABC's tour program is an unrelated trade or business. Irs gov free state file For additional information on unrelated business income, see Publication 598 and the Instructions for Form 990-T. Irs gov free state file Employment Tax Returns Every employer, including an organization exempt from federal income tax, who pays wages to employees is responsible for withholding, depositing, paying, and reporting federal income tax, social security and Medicare (FICA) taxes, and federal unemployment tax (FUTA), unless that employer is specifically excepted by law from those requirements, or if the taxes clearly do not apply. Irs gov free state file For more information, obtain a copy of Publication 15, which summarizes the responsibilities of an employer, Publication 15-A, Publication 15-B, and Form 941. Irs gov free state file Small Business Health Care Tax Credit. Irs gov free state file   If your small tax-exempt organization provides health care coverage for your workers you may qualify for the small business health care tax credit. Irs gov free state file Go to IRS. Irs gov free state file gov and select Affordable Care Act Tax Provisions for more details. Irs gov free state file See Small Business Health Care Tax Credit at www. Irs gov free state file irs. Irs gov free state file gov/newsroom/article/0,,id=223666,00. Irs gov free state file html. Irs gov free state file Expanded Work Opportunity Tax Credit Available for Hiring Qualified Veterans. Irs gov free state file   The VOW to Hire Heroes Act of 2011 made changes to the Work Opportunity Tax Credit (WOTC). Irs gov free state file The Act added two new categories to the existing qualified veteran targeted group and made the WOTC available to certain tax-exempt employers as a credit against the employer's share of social security tax. Irs gov free state file The Act allows employers to claim the WOTC for veterans certified as qualified veterans and who begin work before January 1, 2013. Irs gov free state file This tax credit was extended through December 31, 2013, under the American Taxpayer Relief Act, passed on January 1, 2013. Irs gov free state file   The credit can be as high as $6,240 for qualified tax-exempt organizations. Irs gov free state file The amount of the credit depends on a number of factors, including the length of the veteran’s unemployment before hire, the number of hours the veteran works, and the veteran’s first-year wages. Irs gov free state file The amount of the credit for qualified tax-exempt organizations may not exceed the organization's employer social security tax for the period for which the credit is claimed. Irs gov free state file   All employers must obtain certification that an individual is a member of the targeted group, before the employer may claim the credit. Irs gov free state file The process for certifying veterans for this credit is the same for all employers. Irs gov free state file For more information, see Form 8850, Pre-Screening Notice and Certification Request for the Work Opportunity Credit and the instructions to Form 8850. Irs gov free state file Notice 2012-13, 2012-9 I. Irs gov free state file R. Irs gov free state file B. Irs gov free state file 421, also provides additional guidance on submission Form 8850. Irs gov free state file   Organizations described in section 501(c) and exempt from taxation under section 501(a) may claim the credit for qualified veterans who begin work on or after Nov. Irs gov free state file 22, 2011, and before January 1, 2013. Irs gov free state file After the required certification is secured, tax-exempt employers claim the credit against the employer social security tax by separately filing Form 5884-C, Work Opportunity Credit for Qualified Tax-Exempt Organizations Hiring Qualified Veterans, Form 5884-C. Irs gov free state file File Form 5884-C after filing the related employment tax return for the employment tax period for which the credit is claimed. Irs gov free state file It is recommended that qualified tax-exempt employers do not reduce their required deposits in anticipation of any credit as the forms are processed separately. Irs gov free state file In addition to Form 5884-C and its instructions, tax-exempt employers should see Notice 2012-13 and the Frequently Asked Questions & Answers for more details for claiming the credit. Irs gov free state file Trust fund recovery penalty. Irs gov free state file   If any person required to collect, truthfully account for, and pay over any of these taxes willfully fails to satisfy any of these requirements or willfully tries in any way to evade or defeat any of them, that person will be subject to a penalty. Irs gov free state file The penalty is equal to the tax evaded, not collected, or not accounted for and paid over. Irs gov free state file The term person includes: An officer or employee of a corporation, or A member or employee of a partnership. Irs gov free state file Exception. Irs gov free state file   The penalty is not imposed on any unpaid volunteer director or member of a board of trustees of an exempt organization if the unpaid volunteer serves solely in an honorary capacity, does not participate in the day-to-day or financial operations of the organization, and does not have actual knowledge of the failure on which the penalty is imposed. Irs gov free state file   This exception does not apply if it results in no one being liable for the penalty. Irs gov free state file FICA and FUTA tax exceptions. Irs gov free state file   Payments for services performed by a minister of a church in the exercise of the ministry, or a member of a religious order performing duties required by the order, are generally not subject to FICA or FUTA taxes. Irs gov free state file FUTA tax exception. Irs gov free state file   Payments for services performed by an employee of a religious, charitable, educational, or other organization described in section 501(c)(3) that are generally subject to FICA taxes if the payments are $100 or more for the year, are not subject to FUTA taxes. Irs gov free state file FICA tax exemption election. Irs gov free state file   Churches and qualified church-controlled organizations can elect exemption from employer FICA taxes by filing Form 8274. Irs gov free state file   To elect the exemption, Form 8274 must be filed before the first date on which a quarterly employment tax return would otherwise be due from the electing organization. Irs gov free state file The organization can make the election only if it is opposed for religious reasons to the payment of FICA taxes. Irs gov free state file   The election applies to payments for services of current and future employees other than services performed in an unrelated trade or business. Irs gov free state file Revoking the election. Irs gov free state file   The election can be revoked by the IRS if the organization fails to file Form W-2, Wage and Tax Statement, for 2 years and fails to furnish certain information upon request by the IRS. Irs gov free state file Such revocation will apply retroactively to the beginning of the 2-year period. Irs gov free state file Definitions. Irs gov free state file   For purposes of this election, the term church means a church, a convention or association of churches, or an elementary or secondary school that is controlled, operated, or principally supported by a church or by a convention or association of churches. Irs gov free state file   The term qualified church-controlled organization means any church-controlled section 501(c)(3) tax-exempt organization, other than an organization that both: Offers goods, services, or facilities for sale, other than on an incidental basis, to the general public at other than a nominal charge that is substantially less than the cost of providing such goods, services, or facilities, and Normally receives more than 25% of its support from the sum of governmental sources and receipts from admissions, sales of merchandise, performance of services, or furnishing of facilities, in activities that are not unrelated trades or businesses. Irs gov free state file Effect on employees. Irs gov free state file   If a church or qualified church-controlled organization has made an election, payment for services performed for that church or organization, other than in an unrelated trade or business, will not be subject to FICA taxes. Irs gov free state file However, the employee, unless otherwise exempt, will be subject to self-employment tax on the income. Irs gov free state file The tax applies to income of $108. Irs gov free state file 28 or more for the tax year from that church or organization, and no deductions for trade or business expenses are allowed against this self-employment income. Irs gov free state file   Schedule SE (Form 1040), Self-Employment Tax, should be attached to the employee's income tax return. Irs gov free state file Political Organization Income Tax Return Generally, a political organization is treated as an organization exempt from tax. Irs gov free state file Certain political organizations, however, must file an annual income tax return, Form 1120-POL, U. Irs gov free state file S. Irs gov free state file Income Tax Return for Certain Political Organizations, for any year they have political organization taxable income in excess of the $100 specific deduction allowed under section 527. Irs gov free state file A political organization that has $25,000 ($100,000 for a qualified state or local political organization) or more in gross receipts for the tax year must file Form 990 or Form 990-EZ (and Schedule B of the form), unless excepted. Irs gov free state file See Forms 990 and 990-EZ , earlier. Irs gov free state file Political organization. Irs gov free state file   A political organization is a party, committee, association, fund, or other organization (whether or not incorporated) organized and operated primarily for the purpose of directly or indirectly accepting contributions or making expenditures, or both, for an exempt function. Irs gov free state file Exempt function. Irs gov free state file   An exempt function means influencing or attempting to influence the selection, nomination, election, or appointment of any individual to any federal, state, local public office or office in a political organization, or the election of the Presidential or Vice Presidential electors, whether or not such individual or electors are selected, nominated, elected, or appointed. Irs gov free state file It also includes certain office expenses of a holder of public office or an office in a political organization. Irs gov free state file Certain political organizations are required to notify the IRS that they are section 527 organizations. Irs gov free state file These organizations must use Form 8871. Irs gov free state file Some of these section 527 organizations must use Form 8872 to file periodic reports with the IRS disclosing their contributions and expenditures. Irs gov free state file For a discussion on these forms, see Reporting Requirements for a Political Organization, later. Irs gov free state file Political organization taxable income. Irs gov free state file   Political organization taxable income is the excess of: Gross income for the tax year (excluding exempt function income) minus Deductions directly connected with the earning of gross income. Irs gov free state file To figure taxable income, allow for a $100 specific deduction, but do not allow for the net operating loss deduction, the dividends-received deduction, and other special deductions for corporations. Irs gov free state file Exempt organization not a political organization. Irs gov free state file   An organization exempt under section 501(c) that spends any amount for an exempt function must file Form 1120-POL for any year which it has political taxable income. Irs gov free state file These organizations must include in gross income the lesser of: The total amount of its exempt function expenditures, or The organization's net investment income. Irs gov free state file Separate fund. Irs gov free state file   A section 501(c) organization can set up a separate segregated fund that will be treated as an independent political organization. Irs gov free state file The earnings and expenditures made by the separate fund will not be attributed to the section 501(c) organization. Irs gov free state file Section 501(c)(3) organizations are precluded from, and may suffer loss of exemption for, engaging in any political campaign on behalf of, or in opposition to, any candidate for public office. Irs gov free state file Due date. Irs gov free state file   Form 1120-POL is due by the 15th day of the 3rd month after the end of the tax year. Irs gov free state file Thus, for a calendar year taxpayer, Form 1120-POL is due on March 15 of the following year. Irs gov free state file If any due date falls on a Saturday, Sunday, or legal holiday, the organization can file the return on the next business day. Irs gov free state file    Form 1120-POL is not required of an exempt organization that makes expenditures for political purposes if its gross income does not exceed its directly connected deductions by more than $100 for the tax year. Irs gov free state file Extension of time to file. Irs gov free state file    Use Form 7004 to request an automatic 6-month extension of time to file Form 1120-POL. Irs gov free state file The extension will be granted if you complete Form 7004 properly, make a proper estimate of the tax (if applicable), file Form 1120-POL by the due date, and pay any tax due. Irs gov free state file Failure to file. Irs gov free state file   A political organization that fails to file Form 1120-POL is subject to a penalty equal to 5% of the tax due for each month (or partial month) the return is late up to a maximum of 25% of the tax due, unless the organization shows the failure was due to reasonable cause. Irs gov free state file For more information about filing Form 1120-POL, refer to the instructions accompanying the form. Irs gov free state file Failure to pay on time. Irs gov free state file   An organization that does not pay the tax when due generally may have to pay a penalty of 1/2 of 1% of the unpaid tax for each month or part of a month the tax is not paid, up to a maximum of 25% of the unpaid tax. Irs gov free state file The penalty will not be imposed if the organization can show that the failure to pay on time was due to reasonable cause. Irs gov free state file Reporting Requirements for a Political Organization Certain political organizations are required to notify the IRS that the organization is to be treated as a section 527 political organization. Irs gov free state file The organization is also required to periodically report certain contributions received and expenditures made by the organization. Irs gov free state file To notify the IRS of section 527 treatment, an organization must file Form 8871. Irs gov free state file To report contributions and expenditures, certain tax-exempt political organizations must file Form 8872. Irs gov free state file Form 8871 A political organization must electronically file Form 8871 to notify the IRS that it is to be treated as a section 527 organization. Irs gov free state file However, an organization is not required to file Form 8871 if: It reasonably expects its annual gross receipts to always be less than $25,000. Irs gov free state file It is a political committee required to report under the Federal Election Campaign Act of 1971 (FECA) (2 U. Irs gov free state file S. Irs gov free state file C. Irs gov free state file 431(4)). Irs gov free state file It is a state or local candidate committee. Irs gov free state file It is a state or local committee of a political party. Irs gov free state file It is a section 501(c) organization that has made an “exempt function expenditure. Irs gov free state file ” All other political organizations are required to file Form 8871. Irs gov free state file An organization must provide on Form 8871: Its name and address (including any business address, if different) and its electronic mailing address; Its purpose; The names and addresses of its officers, highly compensated employees, contact person, custodian of records, and members of its board of directors; The name and address of, and relationship to, any related entities (within the meaning of section 168(h)(4)); and Whether it intends to claim an exemption from filing Form 8872, Form 990, or Form 990-EZ. Irs gov free state file Employer identification number. Irs gov free state file   If your organization needs an EIN, you can apply for one: Online—Click on the Employer ID Numbers (EINs) link at www. Irs gov free state file IRS. Irs gov free state file gov/businesses/small. Irs gov free state file By telephone at 1-800-829-4933 from 7:00 a. Irs gov free state file m. Irs gov free state file to 10:00 p. Irs gov free state file m. Irs gov free state file in the organization's local time zone. Irs gov free state file By mailing or faxing Form SS-4. Irs gov free state file   If you previously applied for an EIN and have not yet received it, or you are unsure whether you have an EIN, please call our toll-free customer account services number, 1-877-829-5500, for assistance. Irs gov free state file Due dates. Irs gov free state file   The initial Form 8871 must be filed within 24 hours of the date on which the organization was established. Irs gov free state file If there is a material change, an amended Form 8871 must be filed within 30 days of the material change. Irs gov free state file When the organization terminates its existence, it must file a final Form 8871 within 30 days of termination. Irs gov free state file   If the due date falls on a Saturday, Sunday, or legal holiday, the organization can file on the next business day. Irs gov free state file How to file. Irs gov free state file   An organization must file Form 8871 electronically via the IRS Internet website at www. Irs gov free state file IRS. Irs gov free state file gov/polorgs (Keyword: political orgs). Irs gov free state file Form 8453-X, Political Organization Declaration for Electronic Filing of Notice of Section 527 Status. Irs gov free state file   After electronically submitting Form 8871, the political organization must print, sign, and mail Form 8453-X to the IRS. Irs gov free state file Upon receipt of the Form 8453-X, the IRS will send the organization a username and password that must be used to file an amended or final Form 8871 or to electronically file Form 8872. Irs gov free state file Penalties Failure to file. Irs gov free state file   An organization that is required to file Form 8871, but fails to do so on a timely basis, will not be treated as a tax-exempt section 527 organization for any period before the date Form 8871 is filed. Irs gov free state file Also, the taxable income of the organization for that period will include its exempt function income (including contributions received, membership dues, and political fundraising receipts) minus any deductions directly connected with the production of that income. Irs gov free state file   Failure to file an amended Form 8871 will cause the organization not to be treated as a tax-exempt section 527 organization. Irs gov free state file If an organization is treated as not being a tax-exempt section 527 organization, the taxable income of the organization will be determined by considering any exempt function income and deductions during the period beginning on the date of the material change and ending on the date that the amended Form 8871 is filed. Irs gov free state file    The tax is computed by multiplying the organization's taxable income by the highest corporate tax rate. Irs gov free state file Fraudulent returns. Irs gov free state file   Any individual or corporation that willfully delivers or discloses to the IRS any list, return, account, statement or other document known to be fraudulent or false as to any material matter will be fined not more than $10,000 ($50,000 in the case of a corporation) or imprisoned for not more than 1 year or both. Irs gov free state file Waiver of penalties. Irs gov free state file   The IRS may waive any additional tax assessed on an organization for failure to file Form 8871 if the failure was due to reasonable cause and not willful neglect. Irs gov free state file Additional information. Irs gov free state file   For more information on Form 8871, see the form and its instructions. Irs gov free state file For a discussion on the public inspection requirements for the form, see Public Inspection of Exemption Applications, Annual Returns, and Political Organization Reporting Forms , later. Irs gov free state file Form 8872 Every tax-exempt section 527 political organization that accepts a contribution or makes an expenditure, for an exempt function during the calendar year, must file Form 8872 except: A political organization that is not required to file Form 8871 (discussed earlier). Irs gov free state file A political organization that is subject to tax on its income because it did not file or amend Form 8871. Irs gov free state file A qualified state or local political organization (QSLPO), discussed below. Irs gov free state file All other tax-exempt section 527 organizations that accept contributions or make expenditures for an exempt function are required to file Form 8872. Irs gov free state file Qualified state or local political organization. Irs gov free state file   A state or local political organization may be a QSLPO if: All of its political activities relate solely to state or local public office (or office in a state or local political organization). Irs gov free state file It is subject to a state law that requires it to report (and it does report) to a state agency information about contributions and expenditures that is similar to the information that the organization would otherwise be required to report to the IRS. Irs gov free state file The state agency and the organization make the reports publicly available. Irs gov free state file No federal candidate or office holder: Controls or materially participates in the direction of the organization, Solicits contributions for the organization, or Directs the disbursements of the organization. Irs gov free state file Information required on Form 8872. Irs gov free state file   If an organization pays an individual $500 or more for the calendar year, the organization is required to disclose the individual's name, address, occupation, employer, amount of the expense, the date the expense was paid, and the purpose of the expense on Form 8872. Irs gov free state file   If an organization receives contributions of $200 or more from one contributor for the calendar year, the organization must disclose the donor's name, address, occupation, employer, and the date the contributions were made. Irs gov free state file   For additional information that is required, see Form 8872. Irs gov free state file Due dates. Irs gov free state file   The due dates for filing Form 8872 vary depending on whether the form is due for a reporting period that occurs during a calendar year in which a regularly scheduled election is held, or any other calendar year (a nonelection year). Irs gov free state file   If the due date falls on a Saturday, Sunday, or legal holiday, the organization can file on the next business day. Irs gov free state file Election year filing. Irs gov free state file    In election years, Form 8872 must be filed on either a quarterly or a monthly basis. Irs gov free state file Both a pre-election report and a post-election report are also required to be filed in an election year. Irs gov free state file An election year is any year in which a regularly scheduled general election for federal office is held (an even-numbered year). Irs gov free state file Nonelection year filing. Irs gov free state file    In nonelection years, the form must be filed on a semiannual or monthly basis. Irs gov free state file A complete listing of these filing periods are in the Form 8872 Instructions. Irs gov free state file A nonelection year is any odd-numbered year. Irs gov free state file How to file. Irs gov free state file   Form 8872 can be filed either electronically or by mail. Irs gov free state file However, organizations that have, or expect to have, contributions or expenditures of $50,000 or more for the year must file electronically. Irs gov free state file    To file by mail, send Form 8872 to the:   Department of the Treasury Internal Revenue Service Center Ogden, UT 84201-0027 Electronic filing. Irs gov free state file   File electronically via the IRS internet website at www. Irs gov free state file IRS. Irs gov free state file gov/polorgs. Irs gov free state file You will need a user ID and password to electronically file Form 8872. Irs gov free state file Organizations that have completed the electronic filing of Form 8871 and submitted a completed and signed Form 8453-X will receive a username and password in the mail. Irs gov free state file   Organizations that have completed the electronic filing of Form 8871, but have not received their user ID and password can request one by writing to the following address: Internal Revenue Service Attn: Request for 8872 Password Mail Stop 6273 Ogden, UT 84201 Lost username and password. Irs gov free state file   If you have forgotten or misplaced the username and password issued to your organization after you filed your initial Form 8871, send a letter requesting a new username and password to the address under Electronic filing. Irs gov free state file You can also fax your request to (801) 620-3249. Irs gov free state file It may take 3-6 weeks for your new username and password to arrive, as they will be mailed to the organization. Irs gov free state file Penalty A penalty will be imposed if the organization is required to file Form 8872 and it: Fails to file the form by the due date, or Files the form but fails to report all of the information required or reports incorrect information. Irs gov free state file The penalty is 35% of the total amount of contributions and expenditures to which a failure relates. Irs gov free state file Fraudulent returns. Irs gov free state file   Any individual or corporation that willfully delivers or discloses any list, return, account, statement, or other document known to be fraudulent or false as to any material matter will be fined not more than $10,000 ($50,000 in the case of a corporation), or imprisoned for not more than 1 year, or both. Irs gov free state file Waiver of penalties. Irs gov free state file   The IRS may waive any additional tax assessed on an organization for failure to file Form 8872 if the failure was due to reasonable cause and not willful neglect. Irs gov free state file Donee Information Return Dispositions of donated property. Irs gov free state file   If an organization receives charitable deduction property and within three years sells, exchanges, or otherwise disposes of the property, the organization must file Form 8282, Donee Information Return. Irs gov free state file However, an organization is not required to file Form 8282 if: The property is valued at $500 or less, or The property is consumed or distributed for charitable purposes. Irs gov free state file   Form 8282 must be filed with the IRS within 125 days after the disposition. Irs gov free state file Additionally, a copy of Form 8282 must be given to the donor. Irs gov free state file If the organization fails to file the required information return, penalties may apply. Irs gov free state file Charitable deduction property. Irs gov free state file   This is any property (other than money or publicly traded securities) for which the donee organization signed an appraisal summary or Form 8283, Noncash Charitable Contributions. Irs gov free state file Publicly traded securities. Irs gov free state file   These are securities for which market quotations are readily available on an established securities market as of the date of the contribution. Irs gov free state file Appraisal summary. Irs gov free state file   If the value of the donated property exceeds $5,000, the donor must get a qualified appraisal for contributions of property, see the Exceptions. Irs gov free state file below. Irs gov free state file Exceptions. Irs gov free state file   A written appraisal is not needed if the property is: Nonpublicly traded stock of $10,000 or less, A vehicle (including a car, boat, or airplane), if your deduction for the vehicle is limited to the gross proceeds from its sale, Intellectual property, Certain securities considered to have market quotations readily available (see Regulations section 1. Irs gov free state file 170A-13(c)(7)(xi)(B)), Inventory and other property donated by a corporation that are qualified contributions for the care of the ill, the needy, or infants, within the meaning of section 170(e)(3)(A), or Any donation of stock in trade, inventory, or property held primarily for sale to customers in the ordinary course of your trade or business. Irs gov free state file   The donee organization is not a qualified appraiser for the purpose of valuing the donated property. Irs gov free state file For more information, get Publication 561, Determining the Value of Donated Property. Irs gov free state file Form 8283. Irs gov free state file   For noncash donations over $5,000, the donor must attach Form 8283 to the tax return to support the charitable deduction. Irs gov free state file The donee must sign Part IV of Section B, Form 8283 unless publicly traded securities are donated. Irs gov free state file The person who signs for the donee must be an official authorized to sign the donee's tax or information returns, or a person specifically authorized to sign by that official. Irs gov free state file The signature does not represent concurrence in the appraised value of the contributed property. Irs gov free state file A signed acknowledgment represents receipt of the property described on Form 8283 on the date specified on the form. Irs gov free state file The signature also indicates knowledge of the information reporting requirements on dispositions, as previously discussed. Irs gov free state file A copy of Form 8283 must be given to the donee. Irs gov free state file Information Provided to Donors In some situations, a donor must obtain certain information from a donee organization to obtain a deduction for a charitable contribution. Irs gov free state file In other situations, the donee organization is required to provide information to the donor. Irs gov free state file A charitable organization must give a donor a disclosure statement for a quid pro quo contribution over $75. Irs gov free state file (See Disclosure statement. Irs gov free state file later. Irs gov free state file ) This is a payment a donor makes to a charity partly as a contribution and partly for goods or services. Irs gov free state file See Quid pro quo contribution below for an example. Irs gov free state file Failure to make the required disclosure may result in a penalty to the organization. Irs gov free state file A donor cannot deduct a charitable contribution of $250 or more unless the donor has a written acknowledgment from the charitable organization. Irs gov free state file In certain circumstances, an organization may be able to meet both of these requirements with the same written document. Irs gov free state file Disclosure of Quid Pro Quo Contributions A charitable organization must provide a written disclosure statement to donors of a quid pro quo contribution over $75. Irs gov free state file Quid pro quo contribution. Irs gov free state file   A contribution made by a donor in exchange for goods or services is known as a quid pro quo contribution. Irs gov free state file Your charitable organization must provide the donor a written statement informing the donor of the fair market value of the items or services it provided in exchange for the contribution. Irs gov free state file Generally, a written statement is required for each payment, whenever the contribution portion is over $75. Irs gov free state file Example. Irs gov free state file If a donor gives your charity $100 and receives a concert ticket valued at $40, the donor has made a quid pro quo contribution. Irs gov free state file In this example, the charitable part of the payment is $60. Irs gov free state file Even though the deductible part of the payment is not more than $75, a written statement must be filed because the total payment is more than $75. Irs gov free state file If your organization fails to disclose quid pro quo contributions, the organization may be subject to a penalty. Irs gov free state file Disclosure statement. Irs gov free state file   The required written disclosure statement must: Inform the donor that the amount of the contribution that is deductible for federal income tax purposes is limited to the excess of any money (and the value of any property other than money) contributed by the donor over the fair market value of goods or services provided by the charity, and Provide the donor with a good faith estimate of the fair market value of the goods or services that the donor received. Irs gov free state file The charity must furnish the statement in connection with either the solicitation or the receipt of the quid pro quo contribution. Irs gov free state file If the disclosure statement is furnished in connection with a particular solicitation, it is not necessary for the organization to provide another statement when it actually receives the contribution. Irs gov free state file   No disclosure statement is required if any of the following are true. Irs gov free state file The goods or services given to a donor have insubstantial value as described in Revenue Procedure 90-12, 1990-1 C. Irs gov free state file B. Irs gov free state file 471, Revenue Procedure 90-12, and Revenue Procedure 92-49, 1992-1 C. Irs gov free state file B. Irs gov free state file 507 (as adjusted for inflation), Revenue Procedure 92-49. Irs gov free state file There is no donative element involved in a particular transaction with a charity (for example, there is generally no donative element involved in a visitor's purchase from a museum gift shop). Irs gov free state file There is only an intangible religious benefit provided to the donor. Irs gov free state file The intangible religious benefit must be provided to the donor by an organization organized exclusively for religious purposes, and must be of a type that generally is not sold in a commercial transaction outside the donative context. Irs gov free state file For example, a donor who, for a payment, is granted admission to a religious ceremony for which there is no admission charge is provided an intangible religious benefit. Irs gov free state file A donor is not provided intangible religious benefits for payments made for tuition for education leading to a recognized degree, travel services, or consumer goods. Irs gov free state file The donor makes a payment of $75 or less per year and receives only annual membership benefits that consist of: Any rights or privileges (other than the right to purchase tickets for college athletic events) that the taxpayer can exercise often during the membership period, such as free or discounted admissions or parking or preferred access to goods or services, or Admission to events that are open only to members and the cost per person of which is within the limits for low-cost articles described in Revenue Procedure 90-12 (as adjusted for inflation), Revenue Procedure 90-12. Irs gov free state file Good faith estimate of fair market value (FMV). Irs gov free state file   An organization can use any reasonable method to estimate the FMV of goods or services it provided to a donor, as long as it applies the method in good faith. Irs gov free state file   The organization can estimate the FMV of goods or services that generally are not commercially available by using the FMV of similar or comparable goods or services. Irs gov free state file Goods or services may be similar or comparable even if they do not have the unique qualities of the goods or services being valued. Irs gov free state file Example 1. Irs gov free state file A charity provides a 1-hour tennis lesson with a tennis professional for the first $500 payment it receives. Irs gov free state file The tennis professional provides 1-hour lessons on a commercial basis for $100. Irs gov free state file A good faith estimate of the lesson's FMV is $100. Irs gov free state file Example 2. Irs gov free state file For a payment of $50,000, a museum allows a donor to hold a private event in a room of the museum. Irs gov free state file A good faith estimate of the FMV of the right to hold the event in the museum can be made by using the cost of renting a hotel ballroom with a capacity, amenities, and atmosphere comparable to the museum room, even though the hotel ballroom lacks the unique art displayed in the museum room. Irs gov free state file If the hotel ballroom rents for $2,500, a good faith estimate of the FMV of the right to hold the event in the museum is $2,500. Irs gov free state file Example 3. Irs gov free state file For a payment of $1,000, a charity provides an evening tour of a museum conducted by a well-known artist. Irs gov free state file The artist does not provide tours on a commercial basis. Irs gov free state file Tours of the museum normally are free to the public. Irs gov free state file A good faith estimate of the FMV of the evening museum tour is $0 even though it is conducted by the artist. Irs gov free state file Penalty for failure to disclose. Irs gov free state file   A penalty is imposed on a charity that does not make the required disclosure of a quid pro quo contribution of more than $75. Irs gov free state file The penalty is $10 per contribution, not to exceed $5,000 per fundraising event or mailing. Irs gov free state file The charity can avoid the penalty if it can show that the failure was due to reasonable cause. Irs gov free state file Acknowledgment of Charitable Contributions of $250 or More A donor can deduct a charitable contribution of $250 or more only if the donor has a written acknowledgment from the charitable organization. Irs gov free state file The donor must get the acknowledgment by the earlier of: The date the donor files the original return for the year the contribution is made, or The due date, including extensions, for filing the return. Irs gov free state file The donor is responsible for requesting and obtaining the written acknowledgment from the donee. Irs gov free state file A charitable organization that receives a payment made as a contribution is treated as the donee organization for this purpose even if the organization (according to the donor's instructions or otherwise) distributes the amount received to one or more charities. Irs gov free state file Quid pro quo contribution. Irs gov free state file   If the donee provides goods or services to the donor in exchange for the contribution (a quid pro quo contribution), the acknowledgment must include a good faith estimate of the value of the goods or services. Irs gov free state file See Disclosure of Quid Pro Quo Contributions earlier. Irs gov free state file Form of acknowledgment. Irs gov free state file   Although there is no prescribed format for the written acknowledgment, it must provide enough information to substantiate the amount of the contribution. Irs gov free state file For more information, see IRS Publication 1771, Charitable Contributions – Substantiation and Disclosure Requirements. Irs gov free state file Cash contributions. Irs gov free state file   To deduct a contribution of cash, a check, or other monetary gift (regardless of the amount), a donor must maintain a bank record or a written communication from the donee organization showing the donee's name, date, and amount of the contribution. Irs gov free state file In the case of a lump-sum contribution (rather than a contribution by payroll deduction) made through the Combined Federal Campaign or a similar program such as a United Way Campaign, the written communication must include the name of the donee organization that is the ultimate recipient of the charitable contribution. Irs gov free state file Contributions by payroll deduction. Irs gov free state file   An organization may substantiate an employee's contribution by deduction from its payroll by: A pay stub, Form W-2, or other document showing a contribution to a donee organization, together with A pledge card or other document from the donee organization that shows its name. Irs gov free state file   For contributions of $250 or more, the document must state that the donee organization provides no goods or services for any payroll contributions. Irs gov free state file The amount withheld from each payment of wages to a taxpayer is treated as a separate contribution. Irs gov free state file Acknowledgment of Vehicle Contribution If an exempt organization receives a contribution of a qualified vehicle with a claimed value of more than $500, the donee organization is required to provide a contemporaneous written acknowledgment to the donor. Irs gov free state file The donee organization can use a completed Form 1098-C, Contributions of Motor Vehicles, Boats, and Airplanes, for the contemporaneous written acknowledgment. Irs gov free state file See section 3. Irs gov free state file 03 of Notice 2005-44 for guidance on the information that must be included in a contemporaneous written acknowledgment and the deadline for furnishing the acknowledgment to the donor. Irs gov free state file Any donee organization that provides a contemporaneous written acknowledgment to a donor is required to report to the IRS the information contained in the acknowledgment. Irs gov free state file The report is due by February 28 (March 31 if filing electronically) of the year following the year in which the donee organization provides the acknowledgment to the donor. Irs gov free state file The organization must file the report on Copy A of Form 1098-C. Irs gov free state file An organization that files Form 1098-C on paper should send it with Form 1096, Annual Summary and Transmittal of U. Irs gov free state file S. Irs gov free state file Information Returns. Irs gov free state file See the Instructions for Form 1096 for the correct filing location. Irs gov free state file An organization that is required to file 250 or more Forms 1098-C during the calendar year must file the forms electronically or magnetically. Irs gov free state file Specifications for filing Form 1098-C electronically or magnetically can be found in Publication 1220, Specifications for Filing Forms 1097, 1098, 1099, 3921, 3922, 5498, 8935, and W-2G Electronically at www. Irs gov free state file IRS. Irs gov free state file gov/pub/irs-pdf/p1220. Irs gov free state file pdf. Irs gov free state file Acknowledgment For a contribution of a qualified vehicle with a claimed value of $500 or less, do not file Form 1098-C. Irs gov free state file However, you can use it as the contemporaneous written acknowledgment under section 170(f)(8) by providing the donor with Copy C only. Irs gov free state file See the Instructions for Form 1098-C. Irs gov free state file Generally, the organization should complete Form 1098-C as the written acknowledgment to the donor and the IRS. Irs gov free state file The contents of the acknowledgment depend upon whether the organization: Sells a qualified vehicle without any significant intervening use or material improvement, Intends to make a significant intervening use of or material improvement to a qualified vehicle prior to sale, or Sells a qualified vehicle to a needy individual at a price significantly below fair market value, or a gratuitous transfer to a needy individual in direct furtherance of a charitable purpose of the organization of relieving the poor and distressed or the underprivileged who are in need of a means of transportation. Irs gov free state file For more information on the acknowledgment, see Notice 2005-44, 2005-25 I. Irs gov free state file R. Irs gov free state file B. Irs gov free state file 1287, at www. Irs gov free state file irs. Irs gov free state file gov/irb/2005-25_IRB/2005-25_IRB/ar09. Irs gov free state file html. Irs gov free state file Material improvements or significant intervening use. Irs gov free state file   To constitute significant intervening use, the organization must actually use the vehicle to substantially further the organization's regularly conducted activities, and the use must be significant, not incidental. Irs gov free state file Factors in determining whether a use is a significant intervening use depend on the nature, extent, frequency, and duration. Irs gov free state file For this purpose, use includes providing transportation on a regular basis for a significant period of time or significant use directly related to training in vehicle repair. Irs gov free state file Use does not include the use of a vehicle to provide training in business skills, such as marketing or sales. Irs gov free state file Examples of significant use include: Driving a vehicle every day for 1 year to deliver meals to needy individuals, if delivering meals is an activity regularly conducted by the organization. Irs gov free state file Driving a vehicle for 10,000 miles over a 1-year period to deliver meals to needy individuals, if delivering meals is an activity regularly conducted by the organization. Irs gov free state file   Material improvements include major repairs and additions that improve the condition of the vehicle in a manner that significantly increases the value. Irs gov free state file To be a material improvement, the improvement cannot be funded by an additional payment to the organization from the donor of the vehicle. Irs gov free state file Material improvements do not include cleaning, minor repairs, routine maintenance, painting, removal of dents or scratches, cleaning or repair of upholstery, and installation of theft deterrent devices. Irs gov free state file Penalties. Irs gov free state file   If your charitable organization receives contributions of used motor vehicles, boats, and airplanes valued over $500 it may be subject to a penalty if it knowingly: Fails to furnish an acknowledgement in a timely manner, showing the required information, or Furnishes a false or fraudulent acknowledgement of the contribution. Irs gov free state file    Other penalties may apply. Irs gov free state file See Part O in the 2012 General Instructions for Certain Information Returns. Irs gov free state file   An acknowledgment containing a certification will be presumed to be false or fraudulent if the qualified vehicle is sold to a buyer other than a needy individual without a significant intervening use or material improvement within 6 months of the date of the contribution. Irs gov free state file   If a charity sells a donated vehicle at auction, the IRS will not accept as substantiation an acknowledgment from the charity stating that the vehicle is to be transferred to a needy individual for significantly below fair market value. Irs gov free state file Vehicles sold at auction are not sold at prices significantly below fair market value, and the IRS will not treat vehicles sold at auction as qualifying for this exception. Irs gov free state file   The penalty for a false or fraudulent acknowledgment where the donee certifies that the vehicle will not be transferred for money, other property, or services before completion of material improvements or significant intervening use or the donee certifies that the vehicle is to be transferred to a needy individual for significantly below fair market value in furtherance of the donee's charitable purpose is the larger of $5,000 or the claimed value of the vehicle multiplied by 39. Irs gov free state file 6%. Irs gov free state file   The penalty for an acknowledgment relating to a qualified vehicle being sold in an arm's length transaction to an unrelated party is the larger of the gross proceeds from the sale or the sales price stated in the acknowledgment multiplied by 39. Irs gov free state file 6%. Irs gov free state file Qualified Intellectual Property A taxpayer who contributes qualified intellectual property to a charity may be entitled to a charitable deduction, in addition to any initial deduction allowed in the year of contribution. Irs gov free state file The additional deduction is based on a specified percentage of the qualified donee income with respect to the qualified intellectual property. Irs gov free state file To qualify for the additional charitable deduction, the donor must provide notice to the donee at the time of the contribution that the donor intends to treat the contribution as qualified intellectual property contribution for purposes of sections 170(m) and 6050L. Irs gov free state file Every donee organization described in section 170(c) (except a private foundation as defined in section 509(a) that is not described in section 170(b)(1)(F)) that receives or accrues net income from a charitable gift of qualified intellectual property must file Form 8899. Irs gov free state file Form 8899. Irs gov free state file   Form 8899, Notice of Income From Donated Intellectual Property, is used by a donee to report net income from qualified intellectual property to the donor of the property and to the IRS and is due by the last day of the first full month following the close of the donee’s tax year. Irs gov free state file This form must be filed for each tax year of the donee in which the donated property produces net income, but only if all or part of that tax year occurs during the 10-year period beginning on the date of the contribution and that tax year does not begin after the expiration of the legal life of the donated property. Irs gov free state file Qualified donee income. Irs gov free state file   Qualified donee income is any net income received by or accrued to the donee that is properly allocable to the qualified intellectual property for the tax year of the donee which ends within or with the tax year of the donor. Irs gov free state file Income is not treated as allocated to qualified intellectual property if it is received or accrued after the earlier of the expiration of the legal life of the qualified intellectual property, or the 10-year period beginning with the date of
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The Irs Gov Free State File

Irs gov free state file 14. Irs gov free state file   Excise Taxes Table of Contents Introduction Topics - This chapter discusses: Useful Items - You may want to see: Fuels Used in FarmingBuyer of fuel, including undyed diesel fuel or undyed kerosene. Irs gov free state file Undyed diesel fuel, undyed kerosene, and Other Fuels (including alternative fuel). Irs gov free state file Custom application of fertilizer and pesticide. Irs gov free state file Fuel not used for farming. Irs gov free state file Dyed Diesel Fuel and Dyed Kerosene Fuels Used in Off-Highway Business Use Fuels Used for Household Purposes or Other Than as a Fuel for Propulsion Engines How To Claim a Credit or RefundCredit only. Irs gov free state file Claiming a Credit Claiming a Refund Including the Credit or Refund in Income Introduction You may be eligible to claim a credit on your income tax return for the federal excise tax on certain fuels. Irs gov free state file You may also be eligible to claim a quarterly refund of the fuel taxes during the year, instead of waiting to claim a credit on your income tax return. Irs gov free state file Whether you can claim a credit or refund depends on whether the fuel was taxed and the purpose (nontaxable use) for which you used the fuel. Irs gov free state file The nontaxable uses of fuel for which a farmer may claim a credit or refund are generally the following. Irs gov free state file Use on a farm for farming purposes. Irs gov free state file Off-highway business use. Irs gov free state file Uses other than as a fuel in a propulsion engine, such as home use. Irs gov free state file Table 14-1 presents an overview of credits and refunds that may be claimed for fuels used for the nontaxable uses listed above. Irs gov free state file See Publication 510, Excise Taxes, for more information. Irs gov free state file Topics - This chapter discusses: Fuels used in farming Dyed diesel fuel and dyed kerosene Fuels used in off-highway business use Fuels used for household purposes How to claim a credit or refund Including the credit or refund in income Useful Items - You may want to see: Publication 510 Excise Taxes Form (and Instructions) 720 Quarterly Federal Excise Tax Return 4136 Credit for Federal Tax Paid on Fuels 8849 Claim for Refund of Excise Taxes See chapter 16 for information about getting publications and forms. Irs gov free state file Fuels Used in Farming Owners, operators, and tenants of farms and certain other persons may be eligible to claim a credit or refund of excise taxes on fuel used in the trade or business of farming, when used on a farm in the United States for farming purposes. Irs gov free state file See Table 14-1 for a list of available fuel tax credits and refunds. Irs gov free state file Fuel is used on a farm for farming purposes only if used in carrying on a trade or business of farming, on a farm in the United States, and for farming purposes. Irs gov free state file Farm. Irs gov free state file   A farm includes livestock, dairy, fish, poultry, fruit, fur-bearing animals, and truck farms, orchards, plantations, ranches, nurseries, ranges, and feed yards for finishing cattle. Irs gov free state file It also includes structures such as greenhouses used primarily for raising agricultural or horticultural commodities. Irs gov free state file A fish farm is an area where fish are grown or raised and not merely caught or harvested. Irs gov free state file Table 14-1. Irs gov free state file Fuel Tax Credits and Refunds at a Glance Use this table to see if you can take a credit or refund for a nontaxable use of the fuel listed. Irs gov free state file Fuel Used On a Farm for Farming Purposes Off-Highway Business Use Household Use or Use Other Than as a Fuel1 Gasoline Credit only Credit or refund None Aviation gasoline Credit only None None Undyed diesel fuel and undyed kerosene Credit or refund Credit or refund2 Credit or refund2 Kerosene for use in aviation Credit or refund None None Dyed diesel fuel and dyed kerosene None None None Other Fuels (including alternative fuels)3 Credit or refund Credit or refund None 1For a use other than as fuel in a propulsion engine. Irs gov free state file 2Applies to undyed kerosene not sold from a blocked pump or, under certain circumstances, for blending with undyed diesel fuel to be used for heating purposes. Irs gov free state file See Reg. Irs gov free state file 48. Irs gov free state file 6427-10 (b)(1) for the definition of a blocked pump. Irs gov free state file 3Other Fuels means any liquid except gas oil, fuel oil, or any product taxable under Internal Revenue Code section 4081. Irs gov free state file It includes the alternative fuels: liquefied petroleum gas (LPG),“P” Series fuels, compressed natural gas (CNG), liquefied hydrogen, any liquid fuel derived from coal (including peat) through the Fischer-Tropsch process, liquid fuel derived from biomass, liquid natural gas (LNG), liquefied gas derived from biomass, and compressed gas derived from biomass. Irs gov free state file Farming purposes. Irs gov free state file   As the owner, tenant, or operator and the ultimate purchaser of fuel that you purchased, you use the fuel on a farm for farming purposes if you use it in any of the following ways. Irs gov free state file To cultivate the soil or to raise or harvest any agricultural or horticultural commodity. Irs gov free state file To raise, shear, feed, care for, train, or manage livestock, bees, poultry, fur-bearing animals, or wildlife. Irs gov free state file To operate, manage, conserve, improve, or maintain your farm and its tools and equipment. Irs gov free state file To handle, dry, pack, grade, or store any raw agricultural or horticultural commodity. Irs gov free state file For this use to qualify, you must have produced more than half the commodity so treated during the tax year. Irs gov free state file The more-than-one-half test applies separately to each commodity. Irs gov free state file Commodity means a single raw product. Irs gov free state file For example, apples and peaches are two separate commodities. Irs gov free state file To plant, cultivate, care for, or cut trees or to prepare (other than sawing logs into lumber, chipping, or other milling) trees for market, but only if these activities are incidental to your farming operations. Irs gov free state file Your tree operations are incidental only if they are minor in nature when compared to the total farming operations. Irs gov free state file   If any other person, such as a neighbor or custom operator (independent contractor), performs a service for you on your farm for any of the purposes included in list items (1) or (2), above, you are considered to be the ultimate purchaser who used the fuel on a farm for farming purposes. Irs gov free state file Therefore, you can still claim the credit or refund for the fuel so used. Irs gov free state file However, see Custom application of fertilizer and pesticide, later. Irs gov free state file If the other person performs any other services for you on your farm for purposes not included in list items (1) or (2) above, no one can claim the credit or refund for fuel used on your farm for those other services. Irs gov free state file Buyer of fuel, including undyed diesel fuel or undyed kerosene. Irs gov free state file   If doubt exists whether the owner, tenant, or operator of the farm bought the fuel, determine who actually bore the cost of the fuel. Irs gov free state file For example, if the owner of a farm and his or her tenant equally share the cost of gasoline used on the farm, each can claim a credit for the tax on half the fuel used. Irs gov free state file Undyed diesel fuel, undyed kerosene, and Other Fuels (including alternative fuel). Irs gov free state file   Usually, the farmer is the only person who can make a claim for credit or refund for the tax on undyed diesel fuel, undyed kerosene, or other fuels (including alternative fuel) used for farming purposes. Irs gov free state file However, see Custom application of fertilizer and pesticide, next. Irs gov free state file Also see Dyed Diesel Fuel and Dyed Kerosene, later. Irs gov free state file Example. Irs gov free state file Farm owner Haleigh Blue hired custom operator Tyler Steele to cultivate the soil on her farm. Irs gov free state file Tyler used 200 gallons of undyed diesel fuel that he purchased to perform the work on Haleigh's farm. Irs gov free state file In addition, Haleigh hired contractor Lee Brown to pack and store her apple crop. Irs gov free state file Lee bought 25 gallons of undyed diesel fuel to use in packing the apples. Irs gov free state file Haleigh can claim the credit for the 200 gallons of undyed diesel fuel used by Tyler on her farm because it qualifies as fuel used on the farm for farming purposes. Irs gov free state file No one can claim a credit for the 25 gallons used by Lee because that fuel was not used for a farming purpose included in list items (1) or (2), above. Irs gov free state file In the above example, both Tyler Steele and Lee Brown could have purchased dyed (untaxed) diesel fuel for their tasks. Irs gov free state file Custom application of fertilizer and pesticide. Irs gov free state file   Fuel used on a farm for farming purposes includes fuel used in the application (including aerial application) of fertilizer, pesticides, or other substances. Irs gov free state file Generally, the applicator is treated as having used the fuel on a farm for farming purposes. Irs gov free state file For applicators using highway vehicles, only the fuel used on the farm is exempt. Irs gov free state file Fuel used traveling on the highway to and from the farm is taxable. Irs gov free state file Fuel used by an aerial applicator for the direct flight between the airfield and one or more farms is treated as used for a farming purpose. Irs gov free state file For aviation gasoline, the aerial applicator makes the claim as the ultimate purchaser. Irs gov free state file For kerosene used in aviation, the ultimate purchaser may make the claim or waive the right to make the claim to the registered ultimate vendor. Irs gov free state file A sample waiver is included as Model Waiver L in the appendix of Publication 510. Irs gov free state file A registered ultimate vendor is the person who sells undyed diesel fuel, undyed kerosene, or kerosene for use in aviation to the user (ultimate purchaser) of the fuel for use on a farm for farming purposes. Irs gov free state file To claim a credit or refund of tax, the ultimate vendor must be registered with the Internal Revenue Service at the time the claim is made. Irs gov free state file However, registered ultimate vendors cannot make claims for undyed diesel fuel and undyed kerosene sold for use on a farm for farming purposes. Irs gov free state file Fuel not used for farming. Irs gov free state file   You do not use fuel on a farm for farming purposes when you use it in any of the following ways. Irs gov free state file Off the farm, such as on the highway or in noncommercial aviation, even if the fuel is used in transporting livestock, feed, crops, or equipment. Irs gov free state file For personal use, such as lawn mowing. Irs gov free state file In processing, packaging, freezing, or canning operations. Irs gov free state file In processing crude gum into gum spirits of turpentine or gum resin or in processing maple sap into maple syrup or maple sugar. Irs gov free state file All-terrain vehicles (ATVs). Irs gov free state file   Fuel used in ATVs on a farm for farming purposes, discussed earlier, is eligible for a credit or refund of excise taxes on the fuel. Irs gov free state file Fuel used in ATVs for nonfarming purposes is not eligible for a credit or refund of the taxes. Irs gov free state file If ATVs are used both for farming and nonfarming purposes, only that portion of the fuel used for farming purposes is eligible for the credit or refund. Irs gov free state file Dyed Diesel Fuel and Dyed Kerosene If you purchase dyed diesel fuel or dyed kerosene for a nontaxable use, you must use it only on a farm for farming purposes or for other nontaxable purposes. Irs gov free state file For example, you should not use dyed diesel fuel in a truck that is used both on the farm for farming purposes and on the highway, even though the highway use is in connection with farm business. Irs gov free state file Excise tax applies to the fuel used by the truck on the highways. Irs gov free state file In this situation, undyed (taxed) fuel should be purchased for the truck. Irs gov free state file You should keep fuel records of the use of the truck on the farm for farming purposes, and for other uses. Irs gov free state file You may be eligible for a credit or refund for the excise tax on fuel used on the farm for farming purposes. Irs gov free state file Penalty. Irs gov free state file   A penalty is imposed on any person who knowingly uses, sells, or alters dyed diesel fuel or dyed kerosene for any purpose other than a nontaxable use. Irs gov free state file The penalty is the greater of $1,000 or $10 per gallon of the dyed diesel fuel or dyed kerosene involved. Irs gov free state file After the first violation, the $1,000 portion of the penalty increases depending on the number of violations. Irs gov free state file For more information on this penalty, see Publication 510. Irs gov free state file Fuels Used in Off-Highway Business Use You may be eligible to claim a credit or refund for the excise tax on fuel used in an off-highway business use. Irs gov free state file Off-highway business use. Irs gov free state file   This is any use of fuel in a trade or business or in an income-producing activity. Irs gov free state file The use must not be in a highway vehicle registered or required to be registered for use on public highways. Irs gov free state file Off-highway business use generally does not include any use in a recreational motorboat. Irs gov free state file Examples. Irs gov free state file   Off-highway business use includes the use of fuels in a trade or business in any of the following ways. Irs gov free state file In stationary machines such as generators, compressors, power saws, and similar equipment; For cleaning ; and In forklift trucks, bulldozers, and earthmovers. Irs gov free state file   Off-highway nonbusiness (taxable) use of fuel includes: use in minibikes, snowmobiles, power lawn mowers, chain saws, and other yard equipment. Irs gov free state file For more information, see Publication 510. Irs gov free state file Fuels Used for Household Purposes or Other Than as a Fuel for Propulsion Engines You may be eligible to claim a credit or refund for the excise tax on undyed diesel fuel or kerosene used for home heating, lighting, and cooking. Irs gov free state file This also applies to diesel fuel and kerosene used in a home generator to produce electricity for home use. Irs gov free state file Home use of a fuel does not include use in a propulsion engine and it is not considered an off-highway business use. Irs gov free state file How To Claim a Credit or Refund You may be able to claim a credit or refund of the excise tax on fuels you use for nontaxable uses. Irs gov free state file The basic rules for claiming credits and refunds are listed in Table 14-2 . Irs gov free state file Table 14-2. Irs gov free state file Claiming a Credit or Refund of Excise Taxes This table gives the basic rules for claiming a credit or refund of excise taxes on fuels used for a nontaxable use. Irs gov free state file   Credit Refund Which form to use Form 4136, Credit for Federal Tax Paid on Fuels Form 8849, Claim for Refund of Excise Taxes, and Schedule 1 (Form 8849), Nontaxable Use of Fuels Type of form Annual Quarterly When to file With your income tax return By the last day of the quarter following the last quarter included in the claim Amount of tax Any amount $750 or more1 1You may carry over an amount less than $750 to the next quarter. Irs gov free state file Keep at your principal place of business all records needed to enable the IRS to verify that you are the person entitled to claim a credit or refund and the amount you claimed. Irs gov free state file You do not have to use any special form, but the records should establish the following information. Irs gov free state file The total number of gallons bought and used during the period covered by your claim. Irs gov free state file The dates of the purchases. Irs gov free state file The names and addresses of suppliers and amounts bought from each during the period covered by your claim. Irs gov free state file The nontaxable use for which you used the fuel. Irs gov free state file The number of gallons used for each nontaxable use. Irs gov free state file It is important that your records separately show the number of gallons used for each nontaxable use that qualifies as a claim. Irs gov free state file For more information about recordkeeping, see Publication 583, Starting a Business and Keeping Records. Irs gov free state file Credit or refund. Irs gov free state file   A credit is an amount that reduces the tax on your income tax return when you file it at the end of the year. Irs gov free state file If you meet certain requirements, you may claim a refund during the year instead of waiting until you file your income tax return. Irs gov free state file Credit only. Irs gov free state file   You can claim the following taxes only as a credit on your income tax return. Irs gov free state file Tax on gasoline and aviation gasoline you used on a farm for farming purposes. Irs gov free state file Tax on fuels (including undyed diesel fuel or undyed kerosene) you used for nontaxable uses if the total for the tax year is less than $750. Irs gov free state file Tax on fuel you did not include in any claim for refund previously filed for any quarter of the tax year. Irs gov free state file Claiming a Credit You make a claim for a fuel tax credit on Form 4136 and attach it to your income tax return. Irs gov free state file Do not claim a credit for any excise tax for which you have filed a refund claim. Irs gov free state file How to claim a credit. Irs gov free state file   How you claim a credit depends on whether you are an individual, partnership, corporation, S corporation, trust, or farmers' cooperative association. Irs gov free state file Individuals. Irs gov free state file   You claim the credit on the “Credit for federal tax on fuels” line of your Form 1040. Irs gov free state file If you would not otherwise have to file an income tax return, you must do so to get a fuel tax credit. Irs gov free state file Partnership. Irs gov free state file   Partnerships (other than electing large partnerships) claim the credit by including a statement on Schedule K-1 (Form 1065), Partner's Share of Income, Deductions, Credits, etc. Irs gov free state file , showing each partner's share of the number of gallons of each fuel sold or used for a nontaxable use, the type of use, and the applicable credit per gallon. Irs gov free state file Each partner claims the credit on his or her income tax return for the partner's share of the fuel used by the partnership. Irs gov free state file An electing large partnership can claim the credit on the “Other payments” line of Form 1065-B, U. Irs gov free state file S. Irs gov free state file Return of Income for Electing Large Partnerships. Irs gov free state file Other entities. Irs gov free state file   Corporations, S corporations, farmers' cooperative associations, and trusts make the claim on the appropriate line of their income tax return. Irs gov free state file When to claim a credit. Irs gov free state file   You can claim a fuel tax credit on your income tax return for the year you used the fuel. Irs gov free state file You may be able to make a fuel tax claim on an amended income tax return for the year you used the fuel. Irs gov free state file A claim for credit or refund of an overpayment must generally be filed within the later of: Three years from the date the original return was filed, or Two years from the date the tax was paid. Irs gov free state file Claiming a Refund Generally, you may claim a refund of excise taxes on Form 8849. Irs gov free state file Complete and attach to Form 8849 the appropriate Form 8849 schedule(s). Irs gov free state file The instructions for Form 8849 and the separate instructions for each schedule explain the requirements for making a claim for refund. Irs gov free state file If you file Form 720, you can use its Schedule C for your refund claims for the quarter. Irs gov free state file See the Instructions for Form 720. Irs gov free state file Do not claim a refund on Form 8849 for any amount for which you have filed or will file a claim on Form 720 or Form 4136. Irs gov free state file You may file a claim for refund for any quarter of your tax year for which you can claim $750 or more. Irs gov free state file This amount is the excise tax on all fuels used for a nontaxable use during that quarter or any prior quarter (for which no other claim has been filed) during the tax year. Irs gov free state file If you cannot claim at least $750 at the end of a quarter, you carry the amount over to the next quarter of your tax year to determine if you can claim at least $750 for that quarter. Irs gov free state file If you cannot claim at least $750 at the end of the fourth quarter of your tax year, you must claim a credit on your income tax return using Form 4136. Irs gov free state file Only one claim can be filed for a quarter. Irs gov free state file You cannot claim a refund for excise tax on gasoline and aviation gasoline used on a farm for farming purposes. Irs gov free state file You must claim a credit on your income tax return for the tax. Irs gov free state file How to file a quarterly claim. Irs gov free state file   File the claim for refund by filling out Schedule 1 (Form 8849) and attaching it to Form 8849. Irs gov free state file Send it to the address shown in the instructions. Irs gov free state file If you file Form 720, you can use its Schedule C for your refund claims. Irs gov free state file See the Instructions for Form 720. Irs gov free state file When to file a quarterly claim. Irs gov free state file   You must file a quarterly claim by the last day of the first quarter following the last quarter included in the claim. Irs gov free state file If you do not file a timely refund claim for the fourth quarter of your tax year, you will have to claim a credit for that amount on your income tax return, as discussed earlier. Irs gov free state file    In most situations, the amount claimed as a credit or refund will be less than the amount deducted as fuel tax expense because the Leaking Underground Storage Tank (LUST) tax of $0. Irs gov free state file 001 per gallon is generally not subject to credit or refund. Irs gov free state file Including the Credit or Refund in Income Include any credit or refund of excise taxes on fuels in your gross income if you claimed the total cost of the fuel (including the excise taxes) as an expense deduction that reduced your income tax liability. Irs gov free state file Which year you include a credit or refund in gross income depends on whether you use the cash or an accrual method of accounting. Irs gov free state file Cash method. Irs gov free state file   If you use the cash method and file a claim for refund, include the refund amount in gross income for the tax year in which you receive the refund. Irs gov free state file If you claim a credit on your income tax return, include the credit amount in gross income for the tax year in which you file Form 4136. Irs gov free state file If you file an amended return and claim a credit, include the credit amount in gross income for the tax year in which you receive the credit. Irs gov free state file Example. Irs gov free state file Sharon Brown, a farmer who uses the cash method, filed her 2012 Form 1040 on March 3, 2013. Irs gov free state file On her Schedule F, she deducted the total cost of gasoline (including $110 of excise taxes) used on the farm for farming purposes. Irs gov free state file Then, on Form 4136, she claimed the $110 as a credit. Irs gov free state file Sharon reports the $110 as other income on line 8b of her 2013 Schedule F. Irs gov free state file Accrual method. Irs gov free state file   If you use an accrual method, include the amount of credit or refund in gross income for the tax year in which you used the fuels. Irs gov free state file It does not matter whether you filed for a quarterly refund or claimed the entire amount as a credit. Irs gov free state file Example. Irs gov free state file Patty Green, a farmer who uses the accrual method, files her 2012 Form 1040 on April 15, 2013. Irs gov free state file On Schedule F, she deducts the total cost of gasoline (including $155 of excise taxes) she used on the farm for farming purposes during 2012. Irs gov free state file On Form 4136, Patty claims the $155 as a credit. Irs gov free state file She reports the $155 as other income on line 8b of her 2012 Schedule F. Irs gov free state file Prev  Up  Next   Home   More Online Publications