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Nonresidents State Tax Forms

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Nonresidents State Tax Forms

Nonresidents state tax forms 1. Nonresidents state tax forms   Gain or Loss Table of Contents Topics - This chapter discusses: Useful Items - You may want to see: Sales and ExchangesGain or Loss From Sales and Exchanges Abandonments Foreclosures and RepossessionsAmount realized on a nonrecourse debt. Nonresidents state tax forms Amount realized on a recourse debt. Nonresidents state tax forms Involuntary ConversionsCondemnations Nontaxable ExchangesLike-Kind Exchanges Other Nontaxable Exchanges Transfers to Spouse Rollover of Gain From Publicly Traded Securities Gains on Sales of Qualified Small Business Stock Exclusion of Gain From Sale of DC Zone Assets Topics - This chapter discusses: Sales and exchanges Abandonments Foreclosures and repossessions Involuntary conversions Nontaxable exchanges Transfers to spouse Rollovers and exclusions for certain capital gains Useful Items - You may want to see: Publication 523 Selling Your Home 537 Installment Sales 547 Casualties, Disasters, and Thefts 550 Investment Income and Expenses 551 Basis of Assets 908 Bankruptcy Tax Guide 4681 Canceled Debts, Foreclosures, Repossessions, and Abandonments Form (and Instructions) Schedule D (Form 1040) Capital Gains and Losses 1040 U. Nonresidents state tax forms S. Nonresidents state tax forms Individual Income Tax Return 1040X Amended U. Nonresidents state tax forms S. Nonresidents state tax forms Individual Income Tax Return 1099-A Acquisition or Abandonment of Secured Property 1099-C Cancellation of Debt 4797 Sales of Business Property 8824 Like-Kind Exchanges 8949 Sales and Other Dispositions of Capital Assets Although the discussions in this chapter may at times refer mainly to individuals, many of the rules discussed also apply to taxpayers other than individuals. Nonresidents state tax forms However, the rules for property held for personal use usually will not apply to taxpayers other than individuals. Nonresidents state tax forms See chapter 5 for information about getting publications and forms. Nonresidents state tax forms Sales and Exchanges A sale is a transfer of property for money or a mortgage, note, or other promise to pay money. Nonresidents state tax forms An exchange is a transfer of property for other property or services. Nonresidents state tax forms The following discussions describe the kinds of transactions that are treated as sales or exchanges and explain how to figure gain or loss. Nonresidents state tax forms Sale or lease. Nonresidents state tax forms    Some agreements that seem to be leases may really be conditional sales contracts. Nonresidents state tax forms The intention of the parties to the agreement can help you distinguish between a sale and a lease. Nonresidents state tax forms   There is no test or group of tests to prove what the parties intended when they made the agreement. Nonresidents state tax forms You should consider each agreement based on its own facts and circumstances. Nonresidents state tax forms For more information, see chapter 3 in Publication 535, Business Expenses. Nonresidents state tax forms Cancellation of a lease. Nonresidents state tax forms    Payments received by a tenant for the cancellation of a lease are treated as an amount realized from the sale of property. Nonresidents state tax forms Payments received by a landlord (lessor) for the cancellation of a lease are essentially a substitute for rental payments and are taxed as ordinary income in the year in which they are received. Nonresidents state tax forms Copyright. Nonresidents state tax forms    Payments you receive for granting the exclusive use of (or right to exploit) a copyright throughout its life in a particular medium are treated as received from the sale of property. Nonresidents state tax forms It does not matter if the payments are a fixed amount or a percentage of receipts from the sale, performance, exhibition, or publication of the copyrighted work, or an amount based on the number of copies sold, performances given, or exhibitions made. Nonresidents state tax forms Nor does it matter if the payments are made over the same period as that covering the grantee's use of the copyrighted work. Nonresidents state tax forms   If the copyright was used in your trade or business and you held it longer than a year, the gain or loss may be a section 1231 gain or loss. Nonresidents state tax forms For more information, see Section 1231 Gains and Losses in chapter 3. Nonresidents state tax forms Easement. Nonresidents state tax forms   The amount received for granting an easement is subtracted from the basis of the property. Nonresidents state tax forms If only a specific part of the entire tract of property is affected by the easement, only the basis of that part is reduced by the amount received. Nonresidents state tax forms If it is impossible or impractical to separate the basis of the part of the property on which the easement is granted, the basis of the whole property is reduced by the amount received. Nonresidents state tax forms   Any amount received that is more than the basis to be reduced is a taxable gain. Nonresidents state tax forms The transaction is reported as a sale of property. Nonresidents state tax forms   If you transfer a perpetual easement for consideration and do not keep any beneficial interest in the part of the property affected by the easement, the transaction will be treated as a sale of property. Nonresidents state tax forms However, if you make a qualified conservation contribution of a restriction or easement granted in perpetuity, it is treated as a charitable contribution and not a sale or exchange, even though you keep a beneficial interest in the property affected by the easement. Nonresidents state tax forms   If you grant an easement on your property (for example, a right-of-way over it) under condemnation or threat of condemnation, you are considered to have made a forced sale, even though you keep the legal title. Nonresidents state tax forms Although you figure gain or loss on the easement in the same way as a sale of property, the gain or loss is treated as a gain or loss from a condemnation. Nonresidents state tax forms See Gain or Loss From Condemnations, later. Nonresidents state tax forms Property transferred to satisfy debt. Nonresidents state tax forms   A transfer of property to satisfy a debt is an exchange. Nonresidents state tax forms Note's maturity date extended. Nonresidents state tax forms   The extension of a note's maturity date is not treated as an exchange of an outstanding note for a new and different note. Nonresidents state tax forms Also, it is not considered a closed and completed transaction that would result in a gain or loss. Nonresidents state tax forms However, an extension will be treated as a taxable exchange of the outstanding note for a new and materially different note if the changes in the terms of the note are significant. Nonresidents state tax forms Each case must be determined by its own facts. Nonresidents state tax forms For more information, see Regulations section 1. Nonresidents state tax forms 1001-3. Nonresidents state tax forms Transfer on death. Nonresidents state tax forms   The transfer of property of a decedent to an executor or administrator of the estate, or to the heirs or beneficiaries, is not a sale or exchange or other disposition. Nonresidents state tax forms No taxable gain or deductible loss results from the transfer. Nonresidents state tax forms Bankruptcy. Nonresidents state tax forms   Generally, a transfer (other than by sale or exchange) of property from a debtor to a bankruptcy estate is not treated as a disposition. Nonresidents state tax forms Consequently, the transfer generally does not result in gain or loss. Nonresidents state tax forms For more information, see Publication 908, Bankruptcy Tax Guide. Nonresidents state tax forms Gain or Loss From Sales and Exchanges You usually realize gain or loss when property is sold or exchanged. Nonresidents state tax forms A gain is the amount you realize from a sale or exchange of property that is more than its adjusted basis. Nonresidents state tax forms A loss is the adjusted basis of the property that is more than the amount you realize. Nonresidents state tax forms   Table 1-1. Nonresidents state tax forms How To Figure Whether You Have a Gain or Loss IF your. Nonresidents state tax forms . Nonresidents state tax forms . Nonresidents state tax forms THEN you have a. Nonresidents state tax forms . Nonresidents state tax forms . Nonresidents state tax forms Adjusted basis is more than the amount realized, Loss. Nonresidents state tax forms Amount realized is more than the adjusted basis, Gain. Nonresidents state tax forms Basis. Nonresidents state tax forms   You must know the basis of your property to determine whether you have a gain or loss from its sale or other disposition. Nonresidents state tax forms The basis of property you buy is usually its cost. Nonresidents state tax forms However, if you acquired the property by gift, inheritance, or in some way other than buying it, you must use a basis other than its cost. Nonresidents state tax forms See Basis Other Than Cost in Publication 551, Basis of Assets. Nonresidents state tax forms Special rules apply to property acquired from a decedent who died in 2010 and the executor made the election to file Form 8939, Allocation of Increase in Basis for Property Received From a Decedent. Nonresidents state tax forms See Publication 4895, Tax Treatment of Property Acquired From a Decedent Dying in 2010, for details. Nonresidents state tax forms Adjusted basis. Nonresidents state tax forms   The adjusted basis of property is your original cost or other basis plus (increased by) certain additions and minus (decreased by) certain deductions. Nonresidents state tax forms Increases include costs of any improvements having a useful life of more than 1 year. Nonresidents state tax forms Decreases include depreciation and casualty losses. Nonresidents state tax forms For more details and additional examples, see Adjusted Basis in Publication 551. Nonresidents state tax forms Amount realized. Nonresidents state tax forms   The amount you realize from a sale or exchange is the total of all money you receive plus the fair market value (defined below) of all property or services you receive. Nonresidents state tax forms The amount you realize also includes any of your liabilities that were assumed by the buyer and any liabilities to which the property you transferred is subject, such as real estate taxes or a mortgage. Nonresidents state tax forms Fair market value. Nonresidents state tax forms   Fair market value (FMV) is the price at which the property would change hands between a buyer and a seller when both have reasonable knowledge of all the necessary facts and neither is being forced to buy or sell. Nonresidents state tax forms If parties with adverse interests place a value on property in an arm's-length transaction, that is strong evidence of FMV. Nonresidents state tax forms If there is a stated price for services, this price is treated as the FMV unless there is evidence to the contrary. Nonresidents state tax forms Example. Nonresidents state tax forms You used a building in your business that cost you $70,000. Nonresidents state tax forms You made certain permanent improvements at a cost of $20,000 and deducted depreciation totaling $10,000. Nonresidents state tax forms You sold the building for $100,000 plus property having an FMV of $20,000. Nonresidents state tax forms The buyer assumed your real estate taxes of $3,000 and a mortgage of $17,000 on the building. Nonresidents state tax forms The selling expenses were $4,000. Nonresidents state tax forms Your gain on the sale is figured as follows. Nonresidents state tax forms Amount realized:     Cash $100,000   FMV of property received 20,000   Real estate taxes assumed by buyer 3,000   Mortgage assumed by  buyer 17,000   Total 140,000   Minus: Selling expenses 4,000 $136,000 Adjusted basis:     Cost of building $70,000   Improvements 20,000   Total $90,000   Minus: Depreciation 10,000   Adjusted basis   $80,000 Gain on sale $56,000 Amount recognized. Nonresidents state tax forms   Your gain or loss realized from a sale or exchange of property is usually a recognized gain or loss for tax purposes. Nonresidents state tax forms Recognized gains must be included in gross income. Nonresidents state tax forms Recognized losses are deductible from gross income. Nonresidents state tax forms However, your gain or loss realized from certain exchanges of property is not recognized for tax purposes. Nonresidents state tax forms See Nontaxable Exchanges, later. Nonresidents state tax forms Also, a loss from the sale or other disposition of property held for personal use is not deductible, except in the case of a casualty or theft. Nonresidents state tax forms Interest in property. Nonresidents state tax forms   The amount you realize from the disposition of a life interest in property, an interest in property for a set number of years, or an income interest in a trust is a recognized gain under certain circumstances. Nonresidents state tax forms If you received the interest as a gift, inheritance, or in a transfer from a spouse or former spouse incident to a divorce, the amount realized is a recognized gain. Nonresidents state tax forms Your basis in the property is disregarded. Nonresidents state tax forms This rule does not apply if all interests in the property are disposed of at the same time. Nonresidents state tax forms Example 1. Nonresidents state tax forms Your father dies and leaves his farm to you for life with a remainder interest to your younger brother. Nonresidents state tax forms You decide to sell your life interest in the farm. Nonresidents state tax forms The entire amount you receive is a recognized gain. Nonresidents state tax forms Your basis in the farm is disregarded. Nonresidents state tax forms Example 2. Nonresidents state tax forms The facts are the same as in Example 1, except that your brother joins you in selling the farm. Nonresidents state tax forms The entire interest in the property is sold, so your basis in the farm is not disregarded. Nonresidents state tax forms Your gain or loss is the difference between your share of the sales price and your adjusted basis in the farm. Nonresidents state tax forms Canceling a sale of real property. Nonresidents state tax forms   If you sell real property under a sales contract that allows the buyer to return the property for a full refund and the buyer does so, you may not have to recognize gain or loss on the sale. Nonresidents state tax forms If the buyer returns the property in the year of sale, no gain or loss is recognized. Nonresidents state tax forms This cancellation of the sale in the same year it occurred places both you and the buyer in the same positions you were in before the sale. Nonresidents state tax forms If the buyer returns the property in a later tax year, you must recognize gain (or loss, if allowed) in the year of the sale. Nonresidents state tax forms When the property is returned in a later year, you acquire a new basis in the property. Nonresidents state tax forms That basis is equal to the amount you pay to the buyer. Nonresidents state tax forms Bargain Sale If you sell or exchange property for less than fair market value with the intent of making a gift, the transaction is partly a sale or exchange and partly a gift. Nonresidents state tax forms You have a gain if the amount realized is more than your adjusted basis in the property. Nonresidents state tax forms However, you do not have a loss if the amount realized is less than the adjusted basis of the property. Nonresidents state tax forms Bargain sales to charity. Nonresidents state tax forms   A bargain sale of property to a charitable organization is partly a sale or exchange and partly a charitable contribution. Nonresidents state tax forms If a charitable deduction for the contribution is allowable, you must allocate your adjusted basis in the property between the part sold and the part contributed based on the fair market value of each. Nonresidents state tax forms The adjusted basis of the part sold is figured as follows. Nonresidents state tax forms Adjusted basis of entire property × Amount realized (fair market value of part sold)   Fair market value of entire property   Based on this allocation rule, you will have a gain even if the amount realized is not more than your adjusted basis in the property. Nonresidents state tax forms This allocation rule does not apply if a charitable contribution deduction is not allowable. Nonresidents state tax forms   See Publication 526, Charitable Contributions, for information on figuring your charitable contribution. Nonresidents state tax forms Example. Nonresidents state tax forms You sold property with a fair market value of $10,000 to a charitable organization for $2,000 and are allowed a deduction for your contribution. Nonresidents state tax forms Your adjusted basis in the property is $4,000. Nonresidents state tax forms Your gain on the sale is $1,200, figured as follows. Nonresidents state tax forms Sales price $2,000 Minus: Adjusted basis of part sold ($4,000 × ($2,000 ÷ $10,000)) 800 Gain on the sale $1,200 Property Used Partly for Business or Rental Generally, if you sell or exchange property you used partly for business or rental purposes and partly for personal purposes, you must figure the gain or loss on the sale or exchange as though you had sold two separate pieces of property. Nonresidents state tax forms You must subtract depreciation you took or could have taken from the basis of the business or rental part. Nonresidents state tax forms However, see the special rule below for a home used partly for business or rental. Nonresidents state tax forms You must allocate the selling price, selling expenses, and the basis of the property between the business or rental part and the personal part. Nonresidents state tax forms Gain or loss on the business or rental part of the property may be a capital gain or loss or an ordinary gain or loss, as discussed in chapter 3 under Section 1231 Gains and Losses. Nonresidents state tax forms Any gain on the personal part of the property is a capital gain. Nonresidents state tax forms You cannot deduct a loss on the personal part. Nonresidents state tax forms Home used partly for business or rental. Nonresidents state tax forms    If you use property partly as a home and partly for business or to produce rental income, the computation and treatment of any gain on the sale depends partly on whether the business or rental part of the property is part of your home or separate from it. Nonresidents state tax forms See Property Used Partly for Business or Rental, in Publication 523. Nonresidents state tax forms Property Changed to Business or Rental Use You cannot deduct a loss on the sale of property you purchased or constructed for use as your home and used as your home until the time of sale. Nonresidents state tax forms You can deduct a loss on the sale of property you acquired for use as your home but changed to business or rental property and used as business or rental property at the time of sale. Nonresidents state tax forms However, if the adjusted basis of the property at the time of the change was more than its fair market value, the loss you can deduct is limited. Nonresidents state tax forms Figure the loss you can deduct as follows. Nonresidents state tax forms Use the lesser of the property's adjusted basis or fair market value at the time of the change. Nonresidents state tax forms Add to (1) the cost of any improvements and other increases to basis since the change. Nonresidents state tax forms Subtract from (2) depreciation and any other decreases to basis since the change. Nonresidents state tax forms Subtract the amount you realized on the sale from the result in (3). Nonresidents state tax forms If the amount you realized is more than the result in (3), treat this result as zero. Nonresidents state tax forms The result in (4) is the loss you can deduct. Nonresidents state tax forms Example. Nonresidents state tax forms You changed your main home to rental property 5 years ago. Nonresidents state tax forms At the time of the change, the adjusted basis of your home was $75,000 and the fair market value was $70,000. Nonresidents state tax forms This year, you sold the property for $55,000. Nonresidents state tax forms You made no improvements to the property but you have depreciation expense of $12,620 over the 5 prior years. Nonresidents state tax forms Although your loss on the sale is $7,380 [($75,000 − $12,620) − $55,000], the amount you can deduct as a loss is limited to $2,380, figured as follows. Nonresidents state tax forms Lesser of adjusted basis or fair market value at time of the change $70,000 Plus: Cost of any improvements and any other additions to basis after the change -0-   70,000 Minus: Depreciation and any other decreases to basis after the change 12,620   57,380 Minus: Amount you realized from the sale 55,000 Deductible loss $2,380 Gain. Nonresidents state tax forms   If you have a gain on the sale, you generally must recognize the full amount of the gain. Nonresidents state tax forms You figure the gain by subtracting your adjusted basis from your amount realized, as described earlier. Nonresidents state tax forms   You may be able to exclude all or part of the gain if you owned and lived in the property as your main home for at least 2 years during the 5-year period ending on the date of sale. Nonresidents state tax forms However, you may not be able to exclude the part of the gain allocated to any period of nonqualified use. Nonresidents state tax forms   For more information, see Business Use or Rental of Home in Publication 523. Nonresidents state tax forms In addition, special rules apply if the home sold was acquired in a like-kind exchange. Nonresidents state tax forms See Special Situations in Publication 523. Nonresidents state tax forms Also see Like-Kind Exchanges, later. Nonresidents state tax forms Abandonments The abandonment of property is a disposition of property. Nonresidents state tax forms You abandon property when you voluntarily and permanently give up possession and use of the property with the intention of ending your ownership but without passing it on to anyone else. Nonresidents state tax forms Generally, abandonment is not treated as a sale or exchange of the property. Nonresidents state tax forms If the amount you realize (if any) is more than your adjusted basis, then you have a gain. Nonresidents state tax forms If your adjusted basis is more than the amount you realize (if any), then you have a loss. Nonresidents state tax forms Loss from abandonment of business or investment property is deductible as a loss. Nonresidents state tax forms A loss from an abandonment of business or investment property that is not treated as a sale or exchange generally is an ordinary loss. Nonresidents state tax forms This rule also applies to leasehold improvements the lessor made for the lessee that were abandoned. Nonresidents state tax forms If the property is foreclosed on or repossessed in lieu of abandonment, gain or loss is figured as discussed later under Foreclosure and Repossessions. Nonresidents state tax forms The abandonment loss is deducted in the tax year in which the loss is sustained. Nonresidents state tax forms If the abandoned property is secured by debt, special rules apply. Nonresidents state tax forms The tax consequences of abandonment of property that is secured by debt depend on whether you are personally liable for the debt (recourse debt) or you are not personally liable for the debt (nonrecourse debt). Nonresidents state tax forms For more information, including examples, see chapter 3 of Publication 4681. Nonresidents state tax forms You cannot deduct any loss from abandonment of your home or other property held for personal use only. Nonresidents state tax forms Cancellation of debt. Nonresidents state tax forms   If the abandoned property secures a debt for which you are personally liable and the debt is canceled, you may realize ordinary income equal to the canceled debt. Nonresidents state tax forms This income is separate from any loss realized from abandonment of the property. Nonresidents state tax forms   You must report this income on your tax return unless one of the following applies. Nonresidents state tax forms The cancellation is intended as a gift. Nonresidents state tax forms The debt is qualified farm debt. Nonresidents state tax forms The debt is qualified real property business debt. Nonresidents state tax forms You are insolvent or bankrupt. Nonresidents state tax forms The debt is qualified principal residence indebtedness. Nonresidents state tax forms File Form 982, Reduction of Tax Attributes Due to Discharge of Indebtedness (and Section 1082 Basis Adjustment), to report the income exclusion. Nonresidents state tax forms For more information, including other exceptions and exclusion, see Publication 4681. Nonresidents state tax forms Forms 1099-A and 1099-C. Nonresidents state tax forms   If you abandon property that secures a loan and the lender knows the property has been abandoned, the lender should send you Form 1099-A showing information you need to figure your loss from the abandonment. Nonresidents state tax forms However, if your debt is canceled and the lender must file Form 1099-C, the lender may include the information about the abandonment on that form instead of on Form 1099-A, and send you Form 1099-C only. Nonresidents state tax forms The lender must file Form 1099-C and send you a copy if the amount of debt canceled is $600 or more and the lender is a financial institution, credit union, federal government agency, or any organization that has a significant trade or business of lending money. Nonresidents state tax forms For abandonments of property and debt cancellations occurring in 2013, these forms should be sent to you by January 31, 2014. Nonresidents state tax forms Foreclosures and Repossessions If you do not make payments you owe on a loan secured by property, the lender may foreclose on the loan or repossess the property. Nonresidents state tax forms The foreclosure or repossession is treated as a sale or exchange from which you may realize gain or loss. Nonresidents state tax forms This is true even if you voluntarily return the property to the lender. Nonresidents state tax forms You also may realize ordinary income from cancellation of debt if the loan balance is more than the fair market value of the property. Nonresidents state tax forms Buyer's (borrower's) gain or loss. Nonresidents state tax forms   You figure and report gain or loss from a foreclosure or repossession in the same way as gain or loss from a sale or exchange. Nonresidents state tax forms The gain or loss is the difference between your adjusted basis in the transferred property and the amount realized. Nonresidents state tax forms See Gain or Loss From Sales and Exchanges, earlier. Nonresidents state tax forms You can use Table 1-2 to figure your gain or loss from a foreclosure or repossession. Nonresidents state tax forms Amount realized on a nonrecourse debt. Nonresidents state tax forms   If you are not personally liable for repaying the debt (nonrecourse debt) secured by the transferred property, the amount you realize includes the full debt canceled by the transfer. Nonresidents state tax forms The full canceled debt is included even if the fair market value of the property is less than the canceled debt. Nonresidents state tax forms Example 1. Nonresidents state tax forms Chris bought a new car for $15,000. Nonresidents state tax forms He paid $2,000 down and borrowed the remaining $13,000 from the dealer's credit company. Nonresidents state tax forms Chris is not personally liable for the loan (nonrecourse debt), but pledges the new car as security. Nonresidents state tax forms The credit company repossessed the car because he stopped making loan payments. Nonresidents state tax forms The balance due after taking into account the payments Chris made was $10,000. Nonresidents state tax forms The fair market value of the car when repossessed was $9,000. Nonresidents state tax forms The amount Chris realized on the repossession is $10,000. Nonresidents state tax forms That is the outstanding amount of the debt canceled by the repossession, even though the car's fair market value is less than $10,000. Nonresidents state tax forms Chris figures his gain or loss on the repossession by comparing the amount realized ($10,000) with his adjusted basis ($15,000). Nonresidents state tax forms He has a $5,000 nondeductible loss. Nonresidents state tax forms Example 2. Nonresidents state tax forms Abena paid $200,000 for her home. Nonresidents state tax forms She paid $15,000 down and borrowed the remaining $185,000 from a bank. Nonresidents state tax forms Abena is not personally liable for the loan (nonrecourse debt), but pledges the house as security. Nonresidents state tax forms The bank foreclosed on the loan because Abena stopped making payments. Nonresidents state tax forms When the bank foreclosed on the loan, the balance due was $180,000, the fair market value of the house was $170,000, and Abena's adjusted basis was $175,000 due to a casualty loss she had deducted. Nonresidents state tax forms The amount Abena realized on the foreclosure is $180,000, the balance due and debt canceled by the foreclosure. Nonresidents state tax forms She figures her gain or loss by comparing the amount realized ($180,000) with her adjusted basis ($175,000). Nonresidents state tax forms She has a $5,000 realized gain. Nonresidents state tax forms Amount realized on a recourse debt. Nonresidents state tax forms   If you are personally liable for the debt (recourse debt), the amount realized on the foreclosure or repossession includes the lesser of: The outstanding debt immediately before the transfer reduced by any amount for which you remain personally liable immediately after the transfer, or The fair market value of the transferred property. Nonresidents state tax forms You are treated as receiving ordinary income from the canceled debt for the part of the debt that is more than the fair market value. Nonresidents state tax forms The amount realized does not include the canceled debt that is your income from cancellation of debt. Nonresidents state tax forms See Cancellation of debt, below. Nonresidents state tax forms Seller's (lender's) gain or loss on repossession. Nonresidents state tax forms   If you finance a buyer's purchase of property and later acquire an interest in it through foreclosure or repossession, you may have a gain or loss on the acquisition. Nonresidents state tax forms For more information, see Repossession in Publication 537. Nonresidents state tax forms    Table 1-2. Nonresidents state tax forms Worksheet for Foreclosures and Repossessions Part 1. Nonresidents state tax forms Use Part 1 to figure your ordinary income from the cancellation of debt upon foreclosure or repossession. Nonresidents state tax forms Complete this part only  if you were personally liable for the debt. Nonresidents state tax forms Otherwise,  go to Part 2. Nonresidents state tax forms   1. Nonresidents state tax forms Enter the amount of outstanding debt immediately before the transfer of   property reduced by any amount for which you remain personally liable after   the transfer of property   2. Nonresidents state tax forms Enter the fair market value of the transferred property   3. Nonresidents state tax forms Ordinary income from cancellation of debt upon foreclosure or    repossession. Nonresidents state tax forms * Subtract line 2 from line 1. Nonresidents state tax forms   If less than zero, enter zero   Part 2. Nonresidents state tax forms Figure your gain or loss from foreclosure or repossession. Nonresidents state tax forms   4. Nonresidents state tax forms If you completed Part 1, enter the smaller of line 1 or line 2. Nonresidents state tax forms   If you did not complete Part 1, enter the outstanding debt immediately before   the transfer of property   5. Nonresidents state tax forms Enter any proceeds you received from the foreclosure sale   6. Nonresidents state tax forms Add lines 4 and 5   7. Nonresidents state tax forms Enter the adjusted basis of the transferred property   8. Nonresidents state tax forms Gain or loss from foreclosure or repossession. Nonresidents state tax forms Subtract line 7  from line 6   * The income may not be taxable. Nonresidents state tax forms See Cancellation of debt. Nonresidents state tax forms Cancellation of debt. Nonresidents state tax forms   If property that is repossessed or foreclosed on secures a debt for which you are personally liable (recourse debt), you generally must report as ordinary income the amount by which the canceled debt is more than the fair market value of the property. Nonresidents state tax forms This income is separate from any gain or loss realized from the foreclosure or repossession. Nonresidents state tax forms Report the income from cancellation of a debt related to a business or rental activity as business or rental income. Nonresidents state tax forms    You can use Table 1-2 to figure your income from cancellation of debt. Nonresidents state tax forms   You must report this income on your tax return unless one of the following applies. Nonresidents state tax forms The cancellation is intended as a gift. Nonresidents state tax forms The debt is qualified farm debt. Nonresidents state tax forms The debt is qualified real property business debt. Nonresidents state tax forms You are insolvent or bankrupt. Nonresidents state tax forms The debt is qualified principal residence indebtedness. Nonresidents state tax forms File Form 982 to report the income exclusion. Nonresidents state tax forms Example 1. Nonresidents state tax forms Assume the same facts as in Example 1 under Amount realized on a nonrecourse debt, earlier, except Chris is personally liable for the car loan (recourse debt). Nonresidents state tax forms In this case, the amount he realizes is $9,000. Nonresidents state tax forms This is the lesser of the canceled debt ($10,000) or the car's fair market value ($9,000). Nonresidents state tax forms Chris figures his gain or loss on the repossession by comparing the amount realized ($9,000) with his adjusted basis ($15,000). Nonresidents state tax forms He has a $6,000 nondeductible loss. Nonresidents state tax forms He also is treated as receiving ordinary income from cancellation of debt. Nonresidents state tax forms That income is $1,000 ($10,000 − $9,000). Nonresidents state tax forms This is the part of the canceled debt not included in the amount realized. Nonresidents state tax forms Example 2. Nonresidents state tax forms Assume the same facts as in Example 2 under Amount realized on a nonrecourse debt, earlier, except Abena is personally liable for the loan (recourse debt). Nonresidents state tax forms In this case, the amount she realizes is $170,000. Nonresidents state tax forms This is the lesser of the canceled debt ($180,000) or the fair market value of the house ($170,000). Nonresidents state tax forms Abena figures her gain or loss on the foreclosure by comparing the amount realized ($170,000) with her adjusted basis ($175,000). Nonresidents state tax forms She has a $5,000 nondeductible loss. Nonresidents state tax forms She also is treated as receiving ordinary income from cancellation of debt. Nonresidents state tax forms (The debt is not exempt from tax as discussed under Cancellation of debt, above. Nonresidents state tax forms ) That income is $10,000 ($180,000 − $170,000). Nonresidents state tax forms This is the part of the canceled debt not included in the amount realized. Nonresidents state tax forms Forms 1099-A and 1099-C. Nonresidents state tax forms   A lender who acquires an interest in your property in a foreclosure or repossession should send you Form 1099-A showing the information you need to figure your gain or loss. Nonresidents state tax forms However, if the lender also cancels part of your debt and must file Form 1099-C, the lender may include the information about the foreclosure or repossession on that form instead of on Form 1099-A and send you Form 1099-C only. Nonresidents state tax forms The lender must file Form 1099-C and send you a copy if the amount of debt canceled is $600 or more and the lender is a financial institution, credit union, federal government agency, or any organization that has a significant trade or business of lending money. Nonresidents state tax forms For foreclosures or repossessions occurring in 2013, these forms should be sent to you by January 31, 2014. Nonresidents state tax forms Involuntary Conversions An involuntary conversion occurs when your property is destroyed, stolen, condemned, or disposed of under the threat of condemnation and you receive other property or money in payment, such as insurance or a condemnation award. Nonresidents state tax forms Involuntary conversions are also called involuntary exchanges. Nonresidents state tax forms Gain or loss from an involuntary conversion of your property is usually recognized for tax purposes unless the property is your main home. Nonresidents state tax forms You report the gain or deduct the loss on your tax return for the year you realize it. Nonresidents state tax forms You cannot deduct a loss from an involuntary conversion of property you held for personal use unless the loss resulted from a casualty or theft. Nonresidents state tax forms However, depending on the type of property you receive, you may not have to report a gain on an involuntary conversion. Nonresidents state tax forms Generally, you do not report the gain if you receive property that is similar or related in service or use to the converted property. Nonresidents state tax forms Your basis for the new property is the same as your basis for the converted property. Nonresidents state tax forms This means that the gain is deferred until a taxable sale or exchange occurs. Nonresidents state tax forms If you receive money or property that is not similar or related in service or use to the involuntarily converted property and you buy qualifying replacement property within a certain period of time, you can elect to postpone reporting the gain on the property purchased. Nonresidents state tax forms This publication explains the treatment of a gain or loss from a condemnation or disposition under the threat of condemnation. Nonresidents state tax forms If you have a gain or loss from the destruction or theft of property, see Publication 547. Nonresidents state tax forms Condemnations A condemnation is the process by which private property is legally taken for public use without the owner's consent. Nonresidents state tax forms The property may be taken by the federal government, a state government, a political subdivision, or a private organization that has the power to legally take it. Nonresidents state tax forms The owner receives a condemnation award (money or property) in exchange for the property taken. Nonresidents state tax forms A condemnation is like a forced sale, the owner being the seller and the condemning authority being the buyer. Nonresidents state tax forms Example. Nonresidents state tax forms A local government authorized to acquire land for public parks informed you that it wished to acquire your property. Nonresidents state tax forms After the local government took action to condemn your property, you went to court to keep it. Nonresidents state tax forms But, the court decided in favor of the local government, which took your property and paid you an amount fixed by the court. Nonresidents state tax forms This is a condemnation of private property for public use. Nonresidents state tax forms Threat of condemnation. Nonresidents state tax forms   A threat of condemnation exists if a representative of a government body or a public official authorized to acquire property for public use informs you that the government body or official has decided to acquire your property. Nonresidents state tax forms You must have reasonable grounds to believe that, if you do not sell voluntarily, your property will be condemned. Nonresidents state tax forms   The sale of your property to someone other than the condemning authority will also qualify as an involuntary conversion, provided you have reasonable grounds to believe that your property will be condemned. Nonresidents state tax forms If the buyer of this property knows at the time of purchase that it will be condemned and sells it to the condemning authority, this sale also qualifies as an involuntary conversion. Nonresidents state tax forms Reports of condemnation. Nonresidents state tax forms   A threat of condemnation exists if you learn of a decision to acquire your property for public use through a report in a newspaper or other news medium, and this report is confirmed by a representative of the government body or public official involved. Nonresidents state tax forms You must have reasonable grounds to believe that they will take necessary steps to condemn your property if you do not sell voluntarily. Nonresidents state tax forms If you relied on oral statements made by a government representative or public official, the Internal Revenue Service (IRS) may ask you to get written confirmation of the statements. Nonresidents state tax forms Example. Nonresidents state tax forms Your property lies along public utility lines. Nonresidents state tax forms The utility company has the authority to condemn your property. Nonresidents state tax forms The company informs you that it intends to acquire your property by negotiation or condemnation. Nonresidents state tax forms A threat of condemnation exists when you receive the notice. Nonresidents state tax forms Related property voluntarily sold. Nonresidents state tax forms   A voluntary sale of your property may be treated as a forced sale that qualifies as an involuntary conversion if the property had a substantial economic relationship to property of yours that was condemned. Nonresidents state tax forms A substantial economic relationship exists if together the properties were one economic unit. Nonresidents state tax forms You also must show that the condemned property could not reasonably or adequately be replaced. Nonresidents state tax forms You can elect to postpone reporting the gain by buying replacement property. Nonresidents state tax forms See Postponement of Gain, later. Nonresidents state tax forms Gain or Loss From Condemnations If your property was condemned or disposed of under the threat of condemnation, figure your gain or loss by comparing the adjusted basis of your condemned property with your net condemnation award. Nonresidents state tax forms If your net condemnation award is more than the adjusted basis of the condemned property, you have a gain. Nonresidents state tax forms You can postpone reporting gain from a condemnation if you buy replacement property. Nonresidents state tax forms If only part of your property is condemned, you can treat the cost of restoring the remaining part to its former usefulness as the cost of replacement property. Nonresidents state tax forms See Postponement of Gain, later. Nonresidents state tax forms If your net condemnation award is less than your adjusted basis, you have a loss. Nonresidents state tax forms If your loss is from property you held for personal use, you cannot deduct it. Nonresidents state tax forms You must report any deductible loss in the tax year it happened. Nonresidents state tax forms You can use Part 2 of Table 1-3 to figure your gain or loss from a condemnation award. Nonresidents state tax forms Main home condemned. Nonresidents state tax forms   If you have a gain because your main home is condemned, you generally can exclude the gain from your income as if you had sold or exchanged your home. Nonresidents state tax forms You may be able to exclude up to $250,000 of the gain (up to $500,000 if married filing jointly). Nonresidents state tax forms For information on this exclusion, see Publication 523. Nonresidents state tax forms If your gain is more than you can exclude but you buy replacement property, you may be able to postpone reporting the rest of the gain. Nonresidents state tax forms See Postponement of Gain, later. Nonresidents state tax forms Table 1-3. Nonresidents state tax forms Worksheet for Condemnations Part 1. Nonresidents state tax forms Gain from severance damages. Nonresidents state tax forms  If you did not receive severance damages, skip Part 1 and go to Part 2. Nonresidents state tax forms   1. Nonresidents state tax forms Enter gross severance damages received   2. Nonresidents state tax forms Enter your expenses in getting severance damages   3. Nonresidents state tax forms Subtract line 2 from line 1. Nonresidents state tax forms If less than zero, enter -0-   4. Nonresidents state tax forms Enter any special assessment on remaining property taken out of your award   5. Nonresidents state tax forms Net severance damages. Nonresidents state tax forms Subtract line 4 from line 3. Nonresidents state tax forms If less than zero, enter -0-   6. Nonresidents state tax forms Enter the adjusted basis of the remaining property   7. Nonresidents state tax forms Gain from severance damages. Nonresidents state tax forms Subtract line 6 from line 5. Nonresidents state tax forms If less than zero, enter -0-   8. Nonresidents state tax forms Refigured adjusted basis of the remaining property. Nonresidents state tax forms Subtract line 5 from line 6. Nonresidents state tax forms If less than zero, enter -0-   Part 2. Nonresidents state tax forms Gain or loss from condemnation award. Nonresidents state tax forms   9. Nonresidents state tax forms Enter the gross condemnation award received   10. Nonresidents state tax forms Enter your expenses in getting the condemnation award   11. Nonresidents state tax forms If you completed Part 1, and line 4 is more than line 3, subtract line 3 from line 4. Nonresidents state tax forms If you did not complete Part 1, but a special assessment was taken out of your award, enter that amount. Nonresidents state tax forms Otherwise, enter -0-   12. Nonresidents state tax forms Add lines 10 and 11   13. Nonresidents state tax forms Net condemnation award. Nonresidents state tax forms Subtract line 12 from line 9   14. Nonresidents state tax forms Enter the adjusted basis of the condemned property   15. Nonresidents state tax forms Gain from condemnation award. Nonresidents state tax forms If line 14 is more than line 13, enter -0-. Nonresidents state tax forms Otherwise, subtract line 14 from  line 13 and skip line 16   16. Nonresidents state tax forms Loss from condemnation award. Nonresidents state tax forms Subtract line 13 from line 14     (Note: You cannot deduct the amount on line 16 if the condemned property was held for personal use. Nonresidents state tax forms )   Part 3. Nonresidents state tax forms Postponed gain from condemnation. Nonresidents state tax forms  (Complete only if line 7 or line 15 is more than zero and you bought qualifying replacement property or made expenditures to restore the usefulness of your remaining property. Nonresidents state tax forms )   17. Nonresidents state tax forms If you completed Part 1, and line 7 is more than zero, enter the amount from line 5. Nonresidents state tax forms Otherwise, enter -0-   18. Nonresidents state tax forms If line 15 is more than zero, enter the amount from line 13. Nonresidents state tax forms Otherwise, enter -0-   19. Nonresidents state tax forms Add lines 17 and 18. Nonresidents state tax forms If the condemned property was your main home, subtract from this total the gain you excluded from your income and enter the result   20. Nonresidents state tax forms Enter the total cost of replacement property and any expenses to restore the usefulness of your remaining property   21. Nonresidents state tax forms Subtract line 20 from line 19. Nonresidents state tax forms If less than zero, enter -0-   22. Nonresidents state tax forms If you completed Part 1, add lines 7 and 15. Nonresidents state tax forms Otherwise, enter the amount from line 15. Nonresidents state tax forms If the condemned property was your main home, subtract from this total the gain you excluded from your income and enter the result   23. Nonresidents state tax forms Recognized gain. Nonresidents state tax forms Enter the smaller of line 21 or line 22. Nonresidents state tax forms   24. Nonresidents state tax forms Postponed gain. Nonresidents state tax forms Subtract line 23 from line 22. Nonresidents state tax forms If less than zero, enter -0-   Condemnation award. Nonresidents state tax forms   A condemnation award is the money you are paid or the value of other property you receive for your condemned property. Nonresidents state tax forms The award is also the amount you are paid for the sale of your property under threat of condemnation. Nonresidents state tax forms Payment of your debts. Nonresidents state tax forms   Amounts taken out of the award to pay your debts are considered paid to you. Nonresidents state tax forms Amounts the government pays directly to the holder of a mortgage or lien against your property are part of your award, even if the debt attaches to the property and is not your personal liability. Nonresidents state tax forms Example. Nonresidents state tax forms The state condemned your property for public use. Nonresidents state tax forms The award was set at $200,000. Nonresidents state tax forms The state paid you only $148,000 because it paid $50,000 to your mortgage holder and $2,000 accrued real estate taxes. Nonresidents state tax forms You are considered to have received the entire $200,000 as a condemnation award. Nonresidents state tax forms Interest on award. Nonresidents state tax forms   If the condemning authority pays you interest for its delay in paying your award, it is not part of the condemnation award. Nonresidents state tax forms You must report the interest separately as ordinary income. Nonresidents state tax forms Payments to relocate. Nonresidents state tax forms   Payments you receive to relocate and replace housing because you have been displaced from your home, business, or farm as a result of federal or federally assisted programs are not part of the condemnation award. Nonresidents state tax forms Do not include them in your income. Nonresidents state tax forms Replacement housing payments used to buy new property are included in the property's basis as part of your cost. Nonresidents state tax forms Net condemnation award. Nonresidents state tax forms   A net condemnation award is the total award you received, or are considered to have received, for the condemned property minus your expenses of obtaining the award. Nonresidents state tax forms If only a part of your property was condemned, you also must reduce the award by any special assessment levied against the part of the property you retain. Nonresidents state tax forms This is discussed later under Special assessment taken out of award. Nonresidents state tax forms Severance damages. Nonresidents state tax forms    Severance damages are not part of the award paid for the property condemned. Nonresidents state tax forms They are paid to you if part of your property is condemned and the value of the part you keep is decreased because of the condemnation. Nonresidents state tax forms   For example, you may receive severance damages if your property is subject to flooding because you sell flowage easement rights (the condemned property) under threat of condemnation. Nonresidents state tax forms Severance damages also may be given to you if, because part of your property is condemned for a highway, you must replace fences, dig new wells or ditches, or plant trees to restore your remaining property to the same usefulness it had before the condemnation. Nonresidents state tax forms   The contracting parties should agree on the specific amount of severance damages in writing. Nonresidents state tax forms If this is not done, all proceeds from the condemning authority are considered awarded for your condemned property. Nonresidents state tax forms   You cannot make a completely new allocation of the total award after the transaction is completed. Nonresidents state tax forms However, you can show how much of the award both parties intended for severance damages. Nonresidents state tax forms The severance damages part of the award is determined from all the facts and circumstances. Nonresidents state tax forms Example. Nonresidents state tax forms You sold part of your property to the state under threat of condemnation. Nonresidents state tax forms The contract you and the condemning authority signed showed only the total purchase price. Nonresidents state tax forms It did not specify a fixed sum for severance damages. Nonresidents state tax forms However, at settlement, the condemning authority gave you closing papers showing clearly the part of the purchase price that was for severance damages. Nonresidents state tax forms You may treat this part as severance damages. Nonresidents state tax forms Treatment of severance damages. Nonresidents state tax forms   Your net severance damages are treated as the amount realized from an involuntary conversion of the remaining part of your property. Nonresidents state tax forms Use them to reduce the basis of the remaining property. Nonresidents state tax forms If the amount of severance damages is based on damage to a specific part of the property you kept, reduce the basis of only that part by the net severance damages. Nonresidents state tax forms   If your net severance damages are more than the basis of your retained property, you have a gain. Nonresidents state tax forms You may be able to postpone reporting the gain. Nonresidents state tax forms See Postponement of Gain, later. Nonresidents state tax forms    You can use Part 1 of Table 1-3 to figure any gain from severance damages and to refigure the adjusted basis of the remaining part of your property. Nonresidents state tax forms Net severance damages. Nonresidents state tax forms   To figure your net severance damages, you first must reduce your severance damages by your expenses in obtaining the damages. Nonresidents state tax forms You then reduce them by any special assessment (described later) levied against the remaining part of the property and retained out of the award by the condemning authority. Nonresidents state tax forms The balance is your net severance damages. Nonresidents state tax forms Expenses of obtaining a condemnation award and severance damages. Nonresidents state tax forms   Subtract the expenses of obtaining a condemnation award, such as legal, engineering, and appraisal fees, from the total award. Nonresidents state tax forms Also, subtract the expenses of obtaining severance damages, which may include similar expenses, from the severance damages paid to you. Nonresidents state tax forms If you cannot determine which part of your expenses is for each part of the condemnation proceeds, you must make a proportionate allocation. Nonresidents state tax forms Example. Nonresidents state tax forms You receive a condemnation award and severance damages. Nonresidents state tax forms One-fourth of the total was designated as severance damages in your agreement with the condemning authority. Nonresidents state tax forms You had legal expenses for the entire condemnation proceeding. Nonresidents state tax forms You cannot determine how much of your legal expenses is for each part of the condemnation proceeds. Nonresidents state tax forms You must allocate one-fourth of your legal expenses to the severance damages and the other three-fourths to the condemnation award. Nonresidents state tax forms Special assessment retained out of award. Nonresidents state tax forms   When only part of your property is condemned, a special assessment levied against the remaining property may be retained by the governing body out of your condemnation award. Nonresidents state tax forms An assessment may be levied if the remaining part of your property benefited by the improvement resulting from the condemnation. Nonresidents state tax forms Examples of improvements that may cause a special assessment are widening a street and installing a sewer. Nonresidents state tax forms   To figure your net condemnation award, you must reduce the amount of the award by the assessment retained out of the award. Nonresidents state tax forms Example. Nonresidents state tax forms To widen the street in front of your home, the city condemned a 25-foot deep strip of your land. Nonresidents state tax forms You were awarded $5,000 for this and spent $300 to get the award. Nonresidents state tax forms Before paying the award, the city levied a special assessment of $700 for the street improvement against your remaining property. Nonresidents state tax forms The city then paid you only $4,300. Nonresidents state tax forms Your net award is $4,000 ($5,000 total award minus $300 expenses in obtaining the award and $700 for the special assessment retained). Nonresidents state tax forms If the $700 special assessment was not retained out of the award and you were paid $5,000, your net award would be $4,700 ($5,000 − $300). Nonresidents state tax forms The net award would not change, even if you later paid the assessment from the amount you received. Nonresidents state tax forms Severance damages received. Nonresidents state tax forms   If severance damages are included in the condemnation proceeds, the special assessment retained out of the severance damages is first used to reduce the severance damages. Nonresidents state tax forms Any balance of the special assessment is used to reduce the condemnation award. Nonresidents state tax forms Example. Nonresidents state tax forms You were awarded $4,000 for the condemnation of your property and $1,000 for severance damages. Nonresidents state tax forms You spent $300 to obtain the severance damages. Nonresidents state tax forms A special assessment of $800 was retained out of the award. Nonresidents state tax forms The $1,000 severance damages are reduced to zero by first subtracting the $300 expenses and then $700 of the special assessment. Nonresidents state tax forms Your $4,000 condemnation award is reduced by the $100 balance of the special assessment, leaving a $3,900 net condemnation award. Nonresidents state tax forms Part business or rental. Nonresidents state tax forms   If you used part of your condemned property as your home and part as business or rental property, treat each part as a separate property. Nonresidents state tax forms Figure your gain or loss separately because gain or loss on each part may be treated differently. Nonresidents state tax forms   Some examples of this type of property are a building in which you live and operate a grocery, and a building in which you live on the first floor and rent out the second floor. Nonresidents state tax forms Example. Nonresidents state tax forms You sold your building for $24,000 under threat of condemnation to a public utility company that had the authority to condemn. Nonresidents state tax forms You rented half the building and lived in the other half. Nonresidents state tax forms You paid $25,000 for the building and spent an additional $1,000 for a new roof. Nonresidents state tax forms You claimed allowable depreciation of $4,600 on the rental half. Nonresidents state tax forms You spent $200 in legal expenses to obtain the condemnation award. Nonresidents state tax forms Figure your gain or loss as follows. Nonresidents state tax forms     Resi- dential Part Busi- ness Part 1) Condemnation award received $12,000 $12,000 2) Minus: Legal expenses, $200 100 100 3) Net condemnation award $11,900 $11,900 4) Adjusted basis:       ½ of original cost, $25,000 $12,500 $12,500   Plus: ½ of cost of roof, $1,000 500 500   Total $13,000 $13,000 5) Minus: Depreciation   4,600 6) Adjusted basis, business part   $8,400 7) (Loss) on residential property ($1,100)   8) Gain on business property $3,500 The loss on the residential part of the property is not deductible. Nonresidents state tax forms Postponement of Gain Do not report the gain on condemned property if you receive only property that is similar or related in service or use to the condemned property. Nonresidents state tax forms Your basis for the new property is the same as your basis for the old. Nonresidents state tax forms Money or unlike property received. Nonresidents state tax forms   You ordinarily must report the gain if you receive money or unlike property. Nonresidents state tax forms You can elect to postpone reporting the gain if you buy property that is similar or related in service or use to the condemned property within the replacement period, discussed later. Nonresidents state tax forms You also can elect to postpone reporting the gain if you buy a controlling interest (at least 80%) in a corporation owning property that is similar or related in service or use to the condemned property. Nonresidents state tax forms See Controlling interest in a corporation, later. Nonresidents state tax forms   To postpone reporting all the gain, you must buy replacement property costing at least as much as the amount realized for the condemned property. Nonresidents state tax forms If the cost of the replacement property is less than the amount realized, you must report the gain up to the unspent part of the amount realized. Nonresidents state tax forms   The basis of the replacement property is its cost, reduced by the postponed gain. Nonresidents state tax forms Also, if your replacement property is stock in a corporation that owns property similar or related in service or use, the corporation generally will reduce its basis in its assets by the amount by which you reduce your basis in the stock. Nonresidents state tax forms See Controlling interest in a corporation, later. Nonresidents state tax forms You can use Part 3 of Table 1-3 to figure the gain you must report and your postponed gain. Nonresidents state tax forms Postponing gain on severance damages. Nonresidents state tax forms   If you received severance damages for part of your property because another part was condemned and you buy replacement property, you can elect to postpone reporting gain. Nonresidents state tax forms See Treatment of severance damages, earlier. Nonresidents state tax forms You can postpone reporting all your gain if the replacement property costs at least as much as your net severance damages plus your net condemnation award (if resulting in gain). Nonresidents state tax forms   You also can make this election if you spend the severance damages, together with other money you received for the condemned property (if resulting in gain), to acquire nearby property that will allow you to continue your business. Nonresidents state tax forms If suitable nearby property is not available and you are forced to sell the remaining property and relocate in order to continue your business, see Postponing gain on the sale of related property, next. Nonresidents state tax forms   If you restore the remaining property to its former usefulness, you can treat the cost of restoring it as the cost of replacement property. Nonresidents state tax forms Postponing gain on the sale of related property. Nonresidents state tax forms   If you sell property that is related to the condemned property and then buy replacement property, you can elect to postpone reporting gain on the sale. Nonresidents state tax forms You must meet the requirements explained earlier under Related property voluntarily sold. Nonresidents state tax forms You can postpone reporting all your gain if the replacement property costs at least as much as the amount realized from the sale plus your net condemnation award (if resulting in gain) plus your net severance damages, if any (if resulting in gain). Nonresidents state tax forms Buying replacement property from a related person. Nonresidents state tax forms   Certain taxpayers cannot postpone reporting gain from a condemnation if they buy the replacement property from a related person. Nonresidents state tax forms For information on related persons, see Nondeductible Loss under Sales and Exchanges Between Related Persons in chapter 2. Nonresidents state tax forms   This rule applies to the following taxpayers. Nonresidents state tax forms C corporations. Nonresidents state tax forms Partnerships in which more than 50% of the capital or profits interest is owned by  C corporations. Nonresidents state tax forms All others (including individuals, partnerships (other than those in (2)), and S corporations) if the total realized gain for the tax year on all involuntarily converted properties on which there is realized gain of more than $100,000. Nonresidents state tax forms   For taxpayers described in (3) above, gains cannot be offset with any losses when determining whether the total gain is more than $100,000. Nonresidents state tax forms If the property is owned by a partnership, the $100,000 limit applies to the partnership and each partner. Nonresidents state tax forms If the property is owned by an S corporation, the $100,000 limit applies to the S corporation and each shareholder. Nonresidents state tax forms Exception. Nonresidents state tax forms   This rule does not apply if the related person acquired the property from an unrelated person within the replacement period. Nonresidents state tax forms Advance payment. Nonresidents state tax forms   If you pay a contractor in advance to build your replacement property, you have not bought replacement property unless it is finished before the end of the replacement period (discussed later). Nonresidents state tax forms Replacement property. Nonresidents state tax forms   To postpone reporting gain, you must buy replacement property for the specific purpose of replacing your condemned property. Nonresidents state tax forms You do not have to use the actual funds from the condemnation award to acquire the replacement property. Nonresidents state tax forms Property you acquire by gift or inheritance does not qualify as replacement property. Nonresidents state tax forms Similar or related in service or use. Nonresidents state tax forms   Your replacement property must be similar or related in service or use to the property it replaces. Nonresidents state tax forms   If the condemned property is real property you held for productive use in your trade or business or for investment (other than property held mainly for sale), like-kind property to be held either for productive use in trade or business or for investment will be treated as property similar or related in service or use. Nonresidents state tax forms For a discussion of like-kind property, see Like-Kind Property under Like-Kind Exchanges, later. Nonresidents state tax forms Owner-user. Nonresidents state tax forms   If you are an owner-user, similar or related in service or use means that replacement property must function in the same way as the property it replaces. Nonresidents state tax forms Example. Nonresidents state tax forms Your home was condemned and you invested the proceeds from the condemnation in a grocery store. Nonresidents state tax forms Your replacement property is not similar or related in service or use to the condemned property. Nonresidents state tax forms To be similar or related in service or use, your replacement property must also be used by you as your home. Nonresidents state tax forms Owner-investor. Nonresidents state tax forms   If you are an owner-investor, similar or related in service or use means that any replacement property must have the same relationship of services or uses to you as the property it replaces. Nonresidents state tax forms You decide this by determining all the following information. Nonresidents state tax forms Whether the properties are of similar service to you. Nonresidents state tax forms The nature of the business risks connected with the properties. Nonresidents state tax forms What the properties demand of you in the way of management, service, and relations to your tenants. Nonresidents state tax forms Example. Nonresidents state tax forms You owned land and a building you rented to a manufacturing company. Nonresidents state tax forms The building was condemned. Nonresidents state tax forms During the replacement period, you had a new building built on other land you already owned. Nonresidents state tax forms You rented out the new building for use as a wholesale grocery warehouse. Nonresidents state tax forms The replacement property is also rental property, so the two properties are considered similar or related in service or use if there is a similarity in all the following areas. Nonresidents state tax forms Your management activities. Nonresidents state tax forms The amount and kind of services you provide to your tenants. Nonresidents state tax forms The nature of your business risks connected with the properties. Nonresidents state tax forms Leasehold replaced with fee simple property. Nonresidents state tax forms   Fee simple property you will use in your trade or business or for investment can qualify as replacement property that is similar or related in service or use to a condemned leasehold if you use it in the same business and for the identical purpose as the condemned leasehold. Nonresidents state tax forms   A fee simple property interest generally is a property interest that entitles the owner to the entire property with unconditional power to dispose of it during his or her lifetime. Nonresidents state tax forms A leasehold is property held under a lease, usually for a term of years. Nonresidents state tax forms Outdoor advertising display replaced with real property. Nonresidents state tax forms   You can elect to treat an outdoor advertising display as real property. Nonresidents state tax forms If you make this election and you replace the display with real property in which you hold a different kind of interest, your replacement property can qualify as like-kind property. Nonresidents state tax forms For example, real property bought to replace a destroyed billboard and leased property on which the billboard was located qualify as property of a like-kind. Nonresidents state tax forms   You can make this election only if you did not claim a section 179 deduction for the display. Nonresidents state tax forms You cannot cancel this election unless you get the consent of the IRS. Nonresidents state tax forms   An outdoor advertising display is a sign or device rigidly assembled and permanently attached to the ground, a building, or any other permanent structure used to display a commercial or other advertisement to the public. Nonresidents state tax forms Substituting replacement property. Nonresidents state tax forms   Once you designate certain property as replacement property on your tax return, you cannot substitute other qualified property. Nonresidents state tax forms But, if your previously designated replacement property does not qualify, you can substitute qualified property if you acquire it within the replacement period. Nonresidents state tax forms Controlling interest in a corporation. Nonresidents state tax forms   You can replace property by acquiring a controlling interest in a corporation that owns property similar or related in service or use to your condemned property. Nonresidents state tax forms You have controlling interest if you own stock having at least 80% of the combined voting power of all classes of stock entitled to vote and at least 80% of the total number of shares of all other classes of stock of the corporation. Nonresidents state tax forms Basis adjustment to corporation's property. Nonresidents state tax forms   The basis of property held by the corporation at the time you acquired control must be reduced by your postponed gain, if any. Nonresidents state tax forms You are not required to reduce the adjusted basis of the corporation's properties below your adjusted basis in the corporation's stock (determined after reduction by your postponed gain). Nonresidents state tax forms   Allocate this reduction to the following classes of property in the order shown below. Nonresidents state tax forms Property that is similar or related in service or use to the condemned property. Nonresidents state tax forms Depreciable property not reduced in (1). Nonresidents state tax forms All other property. Nonresidents state tax forms If two or more properties fall in the same class, allocate the reduction to each property in proportion to the adjusted basis of all the properties in that class. Nonresidents state tax forms The reduced basis of any single property cannot be less than zero. Nonresidents state tax forms Main home replaced. Nonresidents state tax forms   If your gain from a condemnation of your main home is more than you can exclude from your income (see Main home condemned under Gain or Loss From Condemnations, earlier), you can postpone reporting the rest of the gain by buying replacement property that is similar or related in service or use. Nonresidents state tax forms The replacement property must cost at least as much as the amount realized from the condemnation minus the excluded gain. Nonresidents state tax forms   You must reduce the basis of your replacement property by the postponed gain. Nonresidents state tax forms Also, if you postpone reporting any part of your gain under these rules, you are treated as having owned and used the replacement property as your main home for the period you owned and used the condemned property as your main home. Nonresidents state tax forms Example. Nonresidents state tax forms City authorities condemned your home that you had used as a personal residence for 5 years prior to the condemnation. Nonresidents state tax forms The city paid you a condemnation award of $400,000. Nonresidents state tax forms Your adjusted basis in the property was $80,000. Nonresidents state tax forms You realize a gain of $320,000 ($400,000 − $80,000). Nonresidents state tax forms You purchased a new home for $100,000. Nonresidents state tax forms You can exclude $250,000 of the realized gain from your gross income. Nonresidents state tax forms The amount realized is then treated as being $150,000 ($400,000 − $250,000) and the gain realized is $70,000 ($150,000 amount realized − $80,000 adjusted basis). Nonresidents state tax forms You must recognize $50,000 of the gain ($150,000 amount realized − $100,000 cost of new home). Nonresidents state tax forms The remaining $20,000 of realized gain is postponed. Nonresidents state tax forms Your basis in the new home is $80,000 ($100,000 cost − $20,000 gain postponed). Nonresidents state tax forms Replacement period. Nonresidents state tax forms   To postpone reporting your gain from a condemnation, you must buy replacement property within a certain period of time. Nonresidents state tax forms This is the replacement period. Nonresidents state tax forms   The replacement period for a condemnation begins on the earlier of the following dates. Nonresidents state tax forms The date on which you disposed of the condemned property. Nonresidents state tax forms The date on which the threat of condemnation began. Nonresidents state tax forms   The replacement period generally ends 2 years after the end of the first tax year in which any part of the gain on the condemnation is realized. Nonresidents state tax forms However, see the exceptions below. Nonresidents state tax forms Three-year replacement period for certain property. Nonresidents state tax forms   If real property held for use in a trade or business or for investment (not including property held primarily for sale) is condemned, the replacement period ends 3 years after the end of the first tax year in which any part of the gain on the condemnation is realized. Nonresidents state tax forms However, this 3-year replacement period cannot be used if you replace the condemned property by acquiring control of a corporation owning property that is similar or related in service or use. Nonresidents state tax forms Five-year replacement period for certain property. Nonresidents state tax forms   The replacement period ends 5 years after the end of the first tax year in which any part of the gain is realized on the compulsory or involuntary conversion of the following qualified property. Nonresidents state tax forms Property in any Midwestern disaster area compulsorily or involuntarily converted on or after the applicable disaster date as a result of severe storms, tornadoes, or flooding, but only if substantially all of the use of the replacement property is in a Midwestern disaster area. Nonresidents state tax forms Property in the Kansas disaster area compulsorily or involuntarily converted after May 3, 2007, but only if substantially all of the use of the replacement property is in the Kansas disaster area. Nonresidents state tax forms Property in the Hurricane Katrina disaster area compulsorily or involuntarily converted after August 24, 2005, as a result of Hurricane Katrina, but only if substantially all of the use of the replacement property is in the Hurricane Katrina disaster area. Nonresidents state tax forms Extended replacement period for taxpayers affected by other federally declared disasters. Nonresidents state tax forms    If you are affected by a federally declared disaster, the IRS may grant disaster relief by extending the periods to perform certain tax-related acts for 2013, including the replacement period, by up to one year. Nonresidents state tax forms For more information visit www. Nonresidents state tax forms irs. Nonresidents state tax forms gov/uac/Tax-Relief-in-Disaster-Situations. Nonresidents state tax forms Weather-related sales of livestock in an area eligible for federal assistance. Nonresidents state tax forms   Generally, if the sale or exchange of livestock is due to drought, flood, or other weather-related conditions in an area eligible for federal assistance, the replacement period ends 4 years after the close of the first tax year in which you realize any part of your gain from the sale or exchange. Nonresidents state tax forms    If the weather-related conditions continue for longer than 3 years, the replacement period may be extended on a regional basis until the end of your first drought-free year for the applicable region. Nonresidents state tax forms See Notice 2006-82. Nonresidents state tax forms You can find Notice 2006-82 on page 529 of Internal Revenue Bulletin 2006-39 at www. Nonresidents state tax forms irs. Nonresidents state tax forms gov/irb/2006-39_IRB/ar13. Nonresidents state tax forms html. Nonresidents state tax forms    Each year, the IRS publishes a list of counties, districts, cities, or parishes for which exceptional, extreme, or severe drought was reported during the preceding 12 months. Nonresidents state tax forms If you qualified for a 4-year replacement period for livestock sold or exchanged on account of drought and your replacement period is scheduled to expire at the end of 2013 (or at the end of the tax year that includes August 31, 2013), see Notice 2013-62. Nonresidents state tax forms You can find Notice 2013-62 on page 466 of Internal Revenue Bulletin 2013-45 at www. Nonresidents state tax forms irs. Nonresidents state tax forms gov/irb/2013-45_IRB/ar04. Nonresidents state tax forms html. Nonresidents state tax forms The replacement period will be extended under Notice 2006-82 if the applicable region is on the list included in Notice 2013-62. Nonresidents state tax forms Determining when gain is realized. Nonresidents state tax forms   If you are a cash basis taxpayer, you realize gain when you receive payments that are more than your basis in the property. Nonresidents state tax forms If the condemning authority makes deposits with the court, you realize gain when you withdraw (or have the right to withdraw) amounts that are more than your basis. Nonresidents state tax forms   This applies even if the amounts received are only partial or advance payments and the full award has not yet been determined. Nonresidents state tax forms A replacement will be too late if you wait for a final determination that does not take place in the applicable replacement period after you first realize gain. Nonresidents state tax forms   For accrual basis taxpayers, gain (if any) accrues in the earlier year when either of the following occurs. Nonresidents state tax forms All events have occurred that fix the right to the condemnation award and the amount can be determined with reasonable accuracy. Nonresidents state tax forms All or part of the award is actually or constructively received. Nonresidents state tax forms For example, if you have an absolute right to a part of a condemnation award when it is deposited with the court, the amount deposited accrues in the year the deposit is made even though the full amount of the award is still contested. Nonresidents state tax forms Replacement property bought before the condemnation. Nonresidents state tax forms   If you buy your replacement property after there is a threat of condemnation but before the actual condemnation and you still hold the replacement property at the time of the condemnation, you have bought your replacement property within the replacement period. Nonresidents state tax forms Property you acquire before there is a threat of condemnation does not qualify as replacement property acquired within the replacement period. Nonresidents state tax forms Example. Nonresidents state tax forms On April 3, 2012, city authorities notified you that your property would be condemned. Nonresidents state tax forms On June 5, 2012, you acquired property to replace the property to be condemned. Nonresidents state tax forms You still had the new property when the city took possession of your old property on September 4, 2013. Nonresidents state tax forms You have made a replacement within the replacement period. Nonresidents state tax forms Extension. Nonresidents state tax forms   You can request an extension of the replacement period from the IRS director for your area. Nonresidents state tax forms You should apply before the end of the replacement period. Nonresidents state tax forms Your request should explain in detail why you need an extension. Nonresidents state tax forms The IRS will consider a request filed within a reasonable time after the replacement period if you can show reasonable cause for the delay. Nonresidents state tax forms An extension of the replacement period will be granted if you can show reasonable cause for not making the replacement within the regular period. Nonresidents state tax forms   Ordinarily, requests for extensions are granted near the end of the replacement period or the extended replacement period. Nonresidents state tax forms Extensions are usually limited to a period of 1 year or less. Nonresidents state tax forms The high market value or scarcity of replacement property is not a sufficient reason for granting an extension. Nonresidents state tax forms If your replacement property is being built and you clearly show that the replacement or restoration cannot be made within the replacement peri
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SOI Tax Stats - Personal Wealth Statistics

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What is the Personal Wealth Study?

The Personal Wealth Study uses information reported on Form 706, United States Estate (and Generation Skipping Transfer) Tax Return, to estimate the wealth of the living population. These estimates, based on the Estate Multiplier technique, appear every three years. The estimates are limited to that segment of the population for whom personal wealth is at least equal to the estate tax filing threshold in effect for the estimation period.

For information about selected terms and concepts and a description of the data sources and limitations, please visit Personal Wealth Study Metadata.

SOI Data Tables SOI Bulletin Articles Research Papers
 
Additional Information

Compendium of Federal 
Estate Tax & Personal 
Wealth Studies: Volume 1
 

Compendium of Federal 
Transfer Tax & Personal 
Wealth Studies: Volume 2

 

SOI Data Tables

Included Items: Total and selected assets, debts and mortgages, and net worth.

All Top Wealthholders by Size of Net Worth

Female Top Wealthholders by Size of Net Worth

Male Top Wealthholders by Size of Net Worth

Female Top Wealthholders by Age

Male Top Wealthholders by Age

Top Wealthholders by State of Residence


SOI Bulletin Articles

The articles below contain detailed analysis, including some year-to-year comparisons, as well as an explanation of estimation methodology and data tables. All of the articles are in .pdf format. These articles were also published in the quarterly SOI Bulletin.

2007      2004      2001     1998     1995     1992      1989      1986

The Underlying Methodology of the Estate Multiplier Technique Recent Improvements for 1989

Preliminary Estimates of Personal Wealth, 1982: Composition of Assets

Estimates of Personal Wealth, 1982: A Second Look

Trends in Personal Wealth, 1976-1981


Research Papers

The following are research papers written by SOI analysts.  The papers below are in .pdf format.

Consider the Source: Differences in Estimates of Income and Wealth From Survey and Tax Data
Author: Barry W. Johnson                 Kevin Moore
Statistics of Income, IRS     Federal Reserve Board of Governors
This paper examines the comparability of administrative and survey data, focusing specifically on data from Federal income and estate tax returns collected by the Statistics of Income (SOI) Division of the U.S. Internal Revenue Service (IRS), and the Survey of Consumer Finances (SCF) sponsored by the Board of Governors of the Federal Reserve System.

 

Updating Techniques for Estimating Wealth from Federal Estate Tax Returns
Author: Barry W. Johnson
Statistics of Income, IRS
This paper documents the history and development of the estate multiplier technique, a statistical methodology for estimating the wealth of a living population using data reported on returns filed for wealthy decedents, with an emphasis on recent methodological improvements.

 


Additional Information

The Federal Reserve Board of Governor's triennial Survey of Consumer Finances, which is supported by the Statistics of Income Division, provides estimates of household finances, including wealth, income, and debts.  Analyses of survey results, as well as public-use data sets, can be accessed online at through the Federal Reserve.
 


File readers

Bulletin articles and research papers are available in Adobe PDF format, which requires the free Adobe Acrobat reader to view and print these files.  Data tables are available in Excel version 4.0.  A free Excel viewer is available for download, if needed.

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Page Last Reviewed or Updated: 31-Jan-2014

The Nonresidents State Tax Forms

Nonresidents state tax forms Publication 915 - Introductory Material Table of Contents Reminders IntroductionOrdering forms and publications. Nonresidents state tax forms Tax questions. Nonresidents state tax forms Useful Items - You may want to see: Reminders Future developments. Nonresidents state tax forms  The IRS has created a page on IRS. Nonresidents state tax forms gov for information about Publication 915, at www. Nonresidents state tax forms irs. Nonresidents state tax forms gov/pub915. Nonresidents state tax forms Information about any future developments affecting Publication 915 (such as legislation enacted after we release it) will be posted on that page. Nonresidents state tax forms Photographs of missing children. Nonresidents state tax forms  The Internal Revenue Service is a proud partner with the National Center for Missing and Exploited Children. Nonresidents state tax forms Photographs of missing children selected by the Center may appear in this publication on pages that would otherwise be blank. Nonresidents state tax forms You can help bring these children home by looking at the photographs and calling 1-800-THE-LOST (1-800-843-5678) if you recognize a child. Nonresidents state tax forms Introduction This publication explains the federal income tax rules for social security benefits and equivalent tier 1 railroad retirement benefits. Nonresidents state tax forms It is prepared through the joint efforts of the Internal Revenue Service (IRS), the Social Security Administration (SSA), and the U. Nonresidents state tax forms S. Nonresidents state tax forms Railroad Retirement Board (RRB). Nonresidents state tax forms Social security benefits include monthly retirement, survivor, and disability benefits. Nonresidents state tax forms They do not include supplemental security income (SSI) payments, which are not taxable. Nonresidents state tax forms Equivalent tier 1 railroad retirement benefits are the part of tier 1 benefits that a railroad employee or beneficiary would have been entitled to receive under the social security system. Nonresidents state tax forms They are commonly called the social security equivalent benefit (SSEB) portion of tier 1 benefits. Nonresidents state tax forms If you received these benefits during 2013, you should have received a Form SSA-1099, Social Security Benefit Statement, or Form RRB-1099, Payments by the Railroad Retirement Board, showing the amount. Nonresidents state tax forms (If you are a nonresident alien, you should have received Form SSA-1042S, Social Security Benefit Statement, or Form RRB-1042S, Statement for Nonresident Alien Recipients of: Payments by the Railroad Retirement Board. Nonresidents state tax forms ) Note. Nonresidents state tax forms When the term “benefits” is used in this publication, it applies to both social security benefits and the SSEB portion of tier 1 railroad retirement benefits. Nonresidents state tax forms What is covered in this publication. Nonresidents state tax forms   This publication covers the following topics: Whether any of your benefits are taxable, How much is taxable, How to report taxable benefits, How to treat lump-sum benefit payments, and Deductions related to your benefits, including a deduction or credit you can claim if your repayments are more than your gross benefits. Nonresidents state tax forms The Appendix at the end of this publication explains items shown on your Form SSA-1099, SSA-1042S, RRB-1099, or RRB-1042S. Nonresidents state tax forms What is not covered in this publication. Nonresidents state tax forms   This publication does not cover the tax rules for the following railroad retirement benefits: Non-social security equivalent benefit (NSSEB) portion of tier 1 benefits, Tier 2 benefits, Vested dual benefits, and Supplemental annuity benefits. Nonresidents state tax forms For information on these taxable pension benefits, see Publication 575, Pension and Annuity Income. Nonresidents state tax forms   This publication also does not cover the tax rules for foreign social security benefits. Nonresidents state tax forms These benefits are taxable as annuities, unless they are exempt from U. Nonresidents state tax forms S. Nonresidents state tax forms tax or treated as a U. Nonresidents state tax forms S. Nonresidents state tax forms social security benefit under a tax treaty. Nonresidents state tax forms Comments and suggestions. Nonresidents state tax forms   We welcome your comments about this publication and your suggestions for future editions. Nonresidents state tax forms   You can write to us at the following address: Internal Revenue Service Tax Forms and Publications Division 1111 Constitution Ave. Nonresidents state tax forms NW, IR-6526 Washington, DC 20224   We respond to many letters by telephone. Nonresidents state tax forms Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your correspondence. Nonresidents state tax forms   You can send your comments from www. Nonresidents state tax forms irs. Nonresidents state tax forms gov/formspubs/. Nonresidents state tax forms Click on “More Information” and then on “Comment on Tax Forms and Publications”. Nonresidents state tax forms   Although we cannot respond individually to each comment received, we do appreciate your feedback and will consider your comments as we revise our tax products. Nonresidents state tax forms Ordering forms and publications. Nonresidents state tax forms   Visit www. Nonresidents state tax forms irs. Nonresidents state tax forms gov/formspubs/ to download forms and publications, call 1-800-TAX-FORM (1-800-829-3676), or write to the address below and receive a response within 10 days after your request is received. Nonresidents state tax forms Internal Revenue Service 1201 N. Nonresidents state tax forms Mitsubishi Motorway Bloomington, IL 61705-6613 Tax questions. Nonresidents state tax forms   If you have a tax question, check the information available on IRS. Nonresidents state tax forms gov or call 1-800-829-1040. Nonresidents state tax forms We cannot answer tax questions sent to either of the above addresses. Nonresidents state tax forms Useful Items - You may want to see: Publication 505 Tax Withholding and Estimated Tax 575 Pension and Annuity Income 590 Individual Retirement Arrangements (IRAs) Forms (and Instructions) 1040-ES Estimated Tax for Individuals SSA-1099 Social Security Benefit Statement RRB-1099 Payments by the Railroad Retirement Board W-4V Voluntary Withholding Request See How To Get Tax Help near the end of this publication for information about getting these publications and forms. Nonresidents state tax forms Prev  Up  Next   Home   More Online Publications