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Prior Year Tax Return

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Prior Year Tax Return

Prior year tax return Publication 538 - Main Content Table of Contents Accounting PeriodsCalendar Year Fiscal Year Short Tax Year Improper Tax Year Change in Tax Year Individuals Partnerships, S Corporations, and Personal Service Corporations (PSCs) Corporations (Other Than S Corporations and PSCs) Accounting MethodsSpecial methods. Prior year tax return Hybrid method. Prior year tax return Cash Method Accrual Method Inventories Change in Accounting Method How To Get Tax HelpLow Income Taxpayer Clinics (LITCs). Prior year tax return Accounting Periods You must use a tax year to figure your taxable income. Prior year tax return A tax year is an annual accounting period for keeping records and reporting income and expenses. Prior year tax return An annual accounting period does not include a short tax year (discussed later). Prior year tax return You can use the following tax years: A calendar year; or A fiscal year (including a 52-53-week tax year). Prior year tax return Unless you have a required tax year, you adopt a tax year by filing your first income tax return using that tax year. Prior year tax return A required tax year is a tax year required under the Internal Revenue Code or the Income Tax Regulations. Prior year tax return You cannot adopt a tax year by merely: Filing an application for an extension of time to file an income tax return; Filing an application for an employer identification number (Form SS-4); or Paying estimated taxes. Prior year tax return This section discusses: A calendar year. Prior year tax return A fiscal year (including a period of 52 or 53 weeks). Prior year tax return A short tax year. Prior year tax return An improper tax year. Prior year tax return A change in tax year. Prior year tax return Special situations that apply to individuals. Prior year tax return Restrictions that apply to the accounting period of a partnership, S corporation, or personal service corporation. Prior year tax return Special situations that apply to corporations. Prior year tax return Calendar Year A calendar year is 12 consecutive months beginning on January 1st and ending on December 31st. Prior year tax return If you adopt the calendar year, you must maintain your books and records and report your income and expenses from January 1st through December 31st of each year. Prior year tax return If you file your first tax return using the calendar tax year and you later begin business as a sole proprietor, become a partner in a partnership, or become a shareholder in an S corporation, you must continue to use the calendar year unless you obtain approval from the IRS to change it, or are otherwise allowed to change it without IRS approval. Prior year tax return See Change in Tax Year, later. Prior year tax return Generally, anyone can adopt the calendar year. Prior year tax return However, you must adopt the calendar year if: You keep no books or records; You have no annual accounting period; Your present tax year does not qualify as a fiscal year; or You are required to use a calendar year by a provision in the Internal Revenue Code or the Income Tax Regulations. Prior year tax return Fiscal Year A fiscal year is 12 consecutive months ending on the last day of any month except December 31st. Prior year tax return If you are allowed to adopt a fiscal year, you must consistently maintain your books and records and report your income and expenses using the time period adopted. Prior year tax return 52-53-Week Tax Year You can elect to use a 52-53-week tax year if you keep your books and records and report your income and expenses on that basis. Prior year tax return If you make this election, your 52-53-week tax year must always end on the same day of the week. Prior year tax return Your 52-53-week tax year must always end on: Whatever date this same day of the week last occurs in a calendar month, or Whatever date this same day of the week falls that is nearest to the last day of the calendar month. Prior year tax return For example, if you elect a tax year that always ends on the last Monday in March, your 2012 tax year will end on March 25, 2013. Prior year tax return Election. Prior year tax return   To make the election for the 52-53-week tax year, attach a statement with the following information to your tax return. Prior year tax return The month in which the new 52-53-week tax year ends. Prior year tax return The day of the week on which the tax year always ends. Prior year tax return The date the tax year ends. Prior year tax return It can be either of the following dates on which the chosen day: Last occurs in the month in (1), above, or Occurs nearest to the last day of the month in (1), above. Prior year tax return   When you figure depreciation or amortization, a 52-53-week tax year is generally considered a year of 12 calendar months. Prior year tax return   To determine an effective date (or apply provisions of any law) expressed in terms of tax years beginning, including, or ending on the first or last day of a specified calendar month, a 52-53-week tax year is considered to: Begin on the first day of the calendar month beginning nearest to the first day of the 52-53-week tax year, and End on the last day of the calendar month ending nearest to the last day of the 52-53-week tax year. Prior year tax return Example. Prior year tax return Assume a tax provision applies to tax years beginning on or after July 1, 2012, which happens to be a Sunday. Prior year tax return For this purpose, a 52-53-week tax year that begins on the last Tuesday of June, which falls on June 26, 2012, is treated as beginning on July 1, 2012. Prior year tax return Short Tax Year A short tax year is a tax year of less than 12 months. Prior year tax return A short period tax return may be required when you (as a taxable entity): Are not in existence for an entire tax year, or Change your accounting period. Prior year tax return Tax on a short period tax return is figured differently for each situation. Prior year tax return Not in Existence Entire Year Even if a taxable entity was not in existence for the entire year, a tax return is required for the time it was in existence. Prior year tax return Requirements for filing the return and figuring the tax are generally the same as the requirements for a return for a full tax year (12 months) ending on the last day of the short tax year. Prior year tax return Example 1. Prior year tax return XYZ Corporation was organized on July 1, 2012. Prior year tax return It elected the calendar year as its tax year. Prior year tax return Therefore, its first tax return was due March 15, 2013. Prior year tax return This short period return will cover the period from July 1, 2012, through December 31, 2012. Prior year tax return Example 2. Prior year tax return A calendar year corporation dissolved on July 23, 2012. Prior year tax return Its final return is due by October 15, 2012. Prior year tax return It will cover the short period from January 1, 2012, through July 23, 2012. Prior year tax return Death of individual. Prior year tax return   When an individual dies, a tax return must be filed for the decedent by the 15th day of the 4th month after the close of the individual's regular tax year. Prior year tax return The decedent's final return will be a short period tax return that begins on January 1st, and ends on the date of death. Prior year tax return In the case of a decedent who dies on December 31st, the last day of the regular tax year, a full calendar-year tax return is required. Prior year tax return Example. Prior year tax return   Agnes Green was a single, calendar year taxpayer. Prior year tax return She died on March 6, 2012. Prior year tax return Her final income tax return must be filed by April 15, 2013. Prior year tax return It will cover the short period from January 1, 2012, to March 6, 2012. Prior year tax return Figuring Tax for Short Year If the IRS approves a change in your tax year or you are required to change your tax year, you must figure the tax and file your return for the short tax period. Prior year tax return The short tax period begins on the first day after the close of your old tax year and ends on the day before the first day of your new tax year. Prior year tax return Figure tax for a short year under the general rule, explained below. Prior year tax return You may then be able to use a relief procedure, explained later, and claim a refund of part of the tax you paid. Prior year tax return General rule. Prior year tax return   Income tax for a short tax year must be annualized. Prior year tax return However, self-employment tax is figured on the actual self-employment income for the short period. Prior year tax return Individuals. Prior year tax return   An individual must figure income tax for the short tax year as follows. Prior year tax return Determine your adjusted gross income (AGI) for the short tax year and then subtract your actual itemized deductions for the short tax year. Prior year tax return You must itemize deductions when you file a short period tax return. Prior year tax return Multiply the dollar amount of your exemptions by the number of months in the short tax year and divide the result by 12. Prior year tax return Subtract the amount in (2) from the amount in (1). Prior year tax return The result is your modified taxable income. Prior year tax return Multiply the modified taxable income in (3) by 12, then divide the result by the number of months in the short tax year. Prior year tax return The result is your annualized income. Prior year tax return Figure the total tax on your annualized income using the appropriate tax rate schedule. Prior year tax return Multiply the total tax by the number of months in the short tax year and divide the result by 12. Prior year tax return The result is your tax for the short tax year. Prior year tax return Relief procedure. Prior year tax return   Individuals and corporations can use a relief procedure to figure the tax for the short tax year. Prior year tax return It may result in less tax. Prior year tax return Under this procedure, the tax is figured by two separate methods. Prior year tax return If the tax figured under both methods is less than the tax figured under the general rule, you can file a claim for a refund of part of the tax you paid. Prior year tax return For more information, see section 443(b)(2) of the Internal Revenue Code. Prior year tax return Alternative minimum tax. Prior year tax return   To figure the alternative minimum tax (AMT) due for a short tax year: Figure the annualized alternative minimum taxable income (AMTI) for the short tax period by completing the following steps. Prior year tax return Multiply the AMTI by 12. Prior year tax return Divide the result by the number of months in the short tax year. Prior year tax return Multiply the annualized AMTI by the appropriate rate of tax under section 55(b)(1) of the Internal Revenue Code. Prior year tax return The result is the annualized AMT. Prior year tax return Multiply the annualized AMT by the number of months in the short tax year and divide the result by 12. Prior year tax return   For information on the AMT for individuals, see the Instructions for Form 6251, Alternative Minimum Tax–Individuals. Prior year tax return For information on the AMT for corporations, see the Instructions to Form 4626, Alternative Minimum Tax–Corporations. Prior year tax return Tax withheld from wages. Prior year tax return   You can claim a credit against your income tax liability for federal income tax withheld from your wages. Prior year tax return Federal income tax is withheld on a calendar year basis. Prior year tax return The amount withheld in any calendar year is allowed as a credit for the tax year beginning in the calendar year. Prior year tax return Improper Tax Year Taxpayers that have adopted an improper tax year must change to a proper tax year. Prior year tax return For example, if a taxpayer began business on March 15 and adopted a tax year ending on March 14 (a period of exactly 12 months), this would be an improper tax year. Prior year tax return See Accounting Periods, earlier, for a description of permissible tax years. Prior year tax return To change to a proper tax year, you must do one of the following. Prior year tax return If you are requesting a change to a calendar tax year, file an amended income tax return based on a calendar tax year that corrects the most recently filed tax return that was filed on the basis of an improper tax year. Prior year tax return Attach a completed Form 1128 to the amended tax return. Prior year tax return Write “FILED UNDER REV. Prior year tax return PROC. Prior year tax return 85-15” at the top of Form 1128 and file the forms with the Internal Revenue Service Center where you filed your original return. Prior year tax return If you are requesting a change to a fiscal tax year, file Form 1128 in accordance with the form instructions to request IRS approval for the change. Prior year tax return Change in Tax Year Generally, you must file Form 1128 to request IRS approval to change your tax year. Prior year tax return See the Instructions for Form 1128 for exceptions. Prior year tax return If you qualify for an automatic approval request, a user fee is not required. Prior year tax return Individuals Generally, individuals must adopt the calendar year as their tax year. Prior year tax return An individual can adopt a fiscal year provided that the individual maintains his or her books and records on the basis of the adopted fiscal year. Prior year tax return Partnerships, S Corporations, and Personal Service Corporations (PSCs) Generally, partnerships, S corporations (including electing S corporations), and PSCs must use a required tax year. Prior year tax return A required tax year is a tax year that is required under the Internal Revenue Code and Income Tax Regulations. Prior year tax return The entity does not have to use the required tax year if it receives IRS approval to use another permitted tax year or makes an election under section 444 of the Internal Revenue Code (discussed later). Prior year tax return The following discussions provide the rules for partnerships, S corporations, and PSCs. Prior year tax return Partnership A partnership must conform its tax year to its partners' tax years unless any of the following apply. Prior year tax return The partnership makes an election under section 444 of the Internal Revenue Code to have a tax year other than a required tax year by filing Form 8716. Prior year tax return The partnership elects to use a 52-53-week tax year that ends with reference to either its required tax year or a tax year elected under section 444. Prior year tax return The partnership can establish a business purpose for a different tax year. Prior year tax return The rules for the required tax year for partnerships are as follows. Prior year tax return If one or more partners having the same tax year own a majority interest (more than 50%) in partnership profits and capital, the partnership must use the tax year of those partners. Prior year tax return If there is no majority interest tax year, the partnership must use the tax year of all its principal partners. Prior year tax return A principal partner is one who has a 5% or more interest in the profits or capital of the partnership. Prior year tax return If there is no majority interest tax year and the principal partners do not have the same tax year, the partnership generally must use a tax year that results in the least aggregate deferral of income to the partners. Prior year tax return If a partnership changes to a required tax year because of these rules, it can get automatic approval by filing Form 1128. Prior year tax return Least aggregate deferral of income. Prior year tax return   The tax year that results in the least aggregate deferral of income is determined as follows. Prior year tax return Figure the number of months of deferral for each partner using one partner's tax year. Prior year tax return Find the months of deferral by counting the months from the end of that tax year forward to the end of each other partner's tax year. Prior year tax return Multiply each partner's months of deferral figured in step (1) by that partner's share of interest in the partnership profits for the year used in step (1). Prior year tax return Add the amounts in step (2) to get the aggregate (total) deferral for the tax year used in step (1). Prior year tax return Repeat steps (1) through (3) for each partner's tax year that is different from the other partners' years. Prior year tax return   The partner's tax year that results in the lowest aggregate (total) number is the tax year that must be used by the partnership. Prior year tax return If the calculation results in more than one tax year qualifying as the tax year with the least aggregate deferral, the partnership can choose any one of those tax years as its tax year. Prior year tax return However, if one of the tax years that qualifies is the partnership's existing tax year, the partnership must retain that tax year. Prior year tax return Example. Prior year tax return A and B each have a 50% interest in partnership P, which uses a fiscal year ending June 30. Prior year tax return A uses the calendar year and B uses a fiscal year ending November 30. Prior year tax return P must change its tax year to a fiscal year ending November 30 because this results in the least aggregate deferral of income to the partners, as shown in the following table. Prior year tax return Year End 12/31: Year End Profits Interest Months of Deferral Interest × Deferral A 12/31 0. Prior year tax return 5 -0- -0- B 11/30 0. Prior year tax return 5 11 5. Prior year tax return 5 Total Deferral 5. Prior year tax return 5 Year End 11/30: Year End Profits Interest Months of Deferral Interest × Deferral A 12/31 0. Prior year tax return 5 1 0. Prior year tax return 5 B 11/30 0. Prior year tax return 5 -0- -0- Total Deferral 0. Prior year tax return 5 When determination is made. Prior year tax return   The determination of the tax year under the least aggregate deferral rules must generally be made at the beginning of the partnership's current tax year. Prior year tax return However, the IRS can require the partnership to use another day or period that will more accurately reflect the ownership of the partnership. Prior year tax return This could occur, for example, if a partnership interest was transferred for the purpose of qualifying for a particular tax year. Prior year tax return Short period return. Prior year tax return   When a partnership changes its tax year, a short period return must be filed. Prior year tax return The short period return covers the months between the end of the partnership's prior tax year and the beginning of its new tax year. Prior year tax return   If a partnership changes to the tax year resulting in the least aggregate deferral, it must file a Form 1128 with the short period return showing the computations used to determine that tax year. Prior year tax return The short period return must indicate at the top of page 1, “FILED UNDER SECTION 1. Prior year tax return 706-1. Prior year tax return ” More information. Prior year tax return   For more information about changing a partnership's tax year, and information about ruling requests, see the Instructions for Form 1128. Prior year tax return S Corporation All S corporations, regardless of when they became an S corporation, must use a permitted tax year. Prior year tax return A permitted tax year is any of the following. Prior year tax return The calendar year. Prior year tax return A tax year elected under section 444 of the Internal Revenue Code. Prior year tax return See Section 444 Election, below for details. Prior year tax return A 52-53-week tax year ending with reference to the calendar year or a tax year elected under section 444. Prior year tax return Any other tax year for which the corporation establishes a business purpose. Prior year tax return If an electing S corporation wishes to adopt a tax year other than a calendar year, it must request IRS approval using Form 2553, instead of filing Form 1128. Prior year tax return For information about changing an S corporation's tax year and information about ruling requests, see the Instructions for Form 1128. Prior year tax return Personal Service Corporation (PSC) A PSC must use a calendar tax year unless any of the following apply. Prior year tax return The corporation makes an election under section 444 of the Internal Revenue Code. Prior year tax return See Section 444 Election, below for details. Prior year tax return The corporation elects to use a 52-53-week tax year ending with reference to the calendar year or a tax year elected under section 444. Prior year tax return The corporation establishes a business purpose for a fiscal year. Prior year tax return See the Instructions for Form 1120 for general information about PSCs. Prior year tax return For information on adopting or changing tax years for PSCs and information about ruling requests, see the Instructions for Form 1128. Prior year tax return Section 444 Election A partnership, S corporation, electing S corporation, or PSC can elect under section 444 of the Internal Revenue Code to use a tax year other than its required tax year. Prior year tax return Certain restrictions apply to the election. Prior year tax return A partnership or an S corporation that makes a section 444 election must make certain required payments and a PSC must make certain distributions (discussed later). Prior year tax return The section 444 election does not apply to any partnership, S corporation, or PSC that establishes a business purpose for a different period, explained later. Prior year tax return A partnership, S corporation, or PSC can make a section 444 election if it meets all the following requirements. Prior year tax return It is not a member of a tiered structure (defined in section 1. Prior year tax return 444-2T of the regulations). Prior year tax return It has not previously had a section 444 election in effect. Prior year tax return It elects a year that meets the deferral period requirement. Prior year tax return Deferral period. Prior year tax return   The determination of the deferral period depends on whether the partnership, S corporation, or PSC is retaining its tax year or adopting or changing its tax year with a section 444 election. Prior year tax return Retaining tax year. Prior year tax return   Generally, a partnership, S corporation, or PSC can make a section 444 election to retain its tax year only if the deferral period of the new tax year is 3 months or less. Prior year tax return This deferral period is the number of months between the beginning of the retained year and the close of the first required tax year. Prior year tax return Adopting or changing tax year. Prior year tax return   If the partnership, S corporation, or PSC is adopting or changing to a tax year other than its required year, the deferral period is the number of months from the end of the new tax year to the end of the required tax year. Prior year tax return The IRS will allow a section 444 election only if the deferral period of the new tax year is less than the shorter of: Three months, or The deferral period of the tax year being changed. Prior year tax return This is the tax year immediately preceding the year for which the partnership, S corporation, or PSC wishes to make the section 444 election. Prior year tax return If the partnership, S corporation, or PSC's tax year is the same as its required tax year, the deferral period is zero. Prior year tax return Example 1. Prior year tax return BD Partnership uses a calendar year, which is also its required tax year. Prior year tax return BD cannot make a section 444 election because the deferral period is zero. Prior year tax return Example 2. Prior year tax return E, a newly formed partnership, began operations on December 1. Prior year tax return E is owned by calendar year partners. Prior year tax return E wants to make a section 444 election to adopt a September 30 tax year. Prior year tax return E's deferral period for the tax year beginning December 1 is 3 months, the number of months between September 30 and December 31. Prior year tax return Making the election. Prior year tax return   Make a section 444 election by filing Form 8716 with the Internal Revenue Service Center where the entity will file its tax return. Prior year tax return Form 8716 must be filed by the earlier of: The due date (not including extensions) of the income tax return for the tax year resulting from the section 444 election, or The 15th day of the 6th month of the tax year for which the election will be effective. Prior year tax return For this purpose, count the month in which the tax year begins, even if it begins after the first day of that month. Prior year tax return Note. Prior year tax return If the due date falls on a Saturday, Sunday, or legal holiday, file on the next business day. Prior year tax return   Attach a copy of Form 8716 to Form 1065, Form 1120S, or Form 1120 for the first tax year for which the election is made. Prior year tax return Example 1. Prior year tax return AB, a partnership, begins operations on September 13, 2012, and is qualified to make a section 444 election to use a September 30 tax year for its tax year beginning September 13, 2012. Prior year tax return AB must file Form 8716 by January 15, 2013, which is the due date of the partnership's tax return for the period from September 13, 2012, to September 30, 2012. Prior year tax return Example 2. Prior year tax return The facts are the same as in Example 1 except that AB begins operations on October 21, 2012. Prior year tax return AB must file Form 8716 by March 17, 2013. Prior year tax return Example 3. Prior year tax return B is a corporation that first becomes a PSC for its tax year beginning September 1, 2012. Prior year tax return B qualifies to make a section 444 election to use a September 30 tax year for its tax year beginning September 1, 2012. Prior year tax return B must file Form 8716 by December 17, 2012, the due date of the income tax return for the short period from September 1, 2012, to September 30, 2012. Prior year tax return Note. Prior year tax return The due dates in Examples 2 and 3 are adjusted because the dates fall on a Saturday, Sunday or legal holiday. Prior year tax return Extension of time for filing. Prior year tax return   There is an automatic extension of 12 months to make this election. Prior year tax return See the Form 8716 instructions for more information. Prior year tax return Terminating the election. Prior year tax return   The section 444 election remains in effect until it is terminated. Prior year tax return If the election is terminated, another section 444 election cannot be made for any tax year. Prior year tax return   The election ends when any of the following applies to the partnership, S corporation, or PSC. Prior year tax return The entity changes to its required tax year. Prior year tax return The entity liquidates. Prior year tax return The entity becomes a member of a tiered structure. Prior year tax return The IRS determines that the entity willfully failed to comply with the required payments or distributions. Prior year tax return   The election will also end if either of the following events occur. Prior year tax return An S corporation's S election is terminated. Prior year tax return However, if the S corporation immediately becomes a PSC, the PSC can continue the section 444 election of the S corporation. Prior year tax return A PSC ceases to be a PSC. Prior year tax return If the PSC elects to be an S corporation, the S corporation can continue the election of the PSC. Prior year tax return Required payment for partnership or S corporation. Prior year tax return   A partnership or an S corporation must make a required payment for any tax year: The section 444 election is in effect. Prior year tax return The required payment for that year (or any preceding tax year) is more than $500. Prior year tax return    This payment represents the value of the tax deferral the owners receive by using a tax year different from the required tax year. Prior year tax return   Form 8752, Required Payment or Refund Under Section 7519, must be filed each year the section 444 election is in effect, even if no payment is due. Prior year tax return If the required payment is more than $500 (or the required payment for any prior year was more than $500), the payment must be made when Form 8752 is filed. Prior year tax return If the required payment is $500 or less and no payment was required in a prior year, Form 8752 must be filed showing a zero amount. Prior year tax return Applicable election year. Prior year tax return   Any tax year a section 444 election is in effect, including the first year, is called an applicable election year. Prior year tax return Form 8752 must be filed and the required payment made (or zero amount reported) by May 15th of the calendar year following the calendar year in which the applicable election year begins. Prior year tax return Required distribution for PSC. Prior year tax return   A PSC with a section 444 election in effect must distribute certain amounts to employee-owners by December 31 of each applicable year. Prior year tax return If it fails to make these distributions, it may be required to defer certain deductions for amounts paid to owner-employees. Prior year tax return The amount deferred is treated as paid or incurred in the following tax year. Prior year tax return   For information on the minimum distribution, see the instructions for Part I of Schedule H (Form 1120), Section 280H Limitations for a Personal Service Corporation (PSC). Prior year tax return Back-up election. Prior year tax return   A partnership, S corporation, or PSC can file a back-up section 444 election if it requests (or plans to request) permission to use a business purpose tax year, discussed later. Prior year tax return If the request is denied, the back-up section 444 election must be activated (if the partnership, S corporation, or PSC otherwise qualifies). Prior year tax return Making back-up election. Prior year tax return   The general rules for making a section 444 election, as discussed earlier, apply. Prior year tax return When filing Form 8716, type or print “BACK-UP ELECTION” at the top of the form. Prior year tax return However, if Form 8716 is filed on or after the date Form 1128 (or Form 2553) is filed, type or print “FORM 1128 (or FORM 2553) BACK-UP ELECTION” at the top of Form 8716. Prior year tax return Activating election. Prior year tax return   A partnership or S corporation activates its back-up election by filing the return required and making the required payment with Form 8752. Prior year tax return The due date for filing Form 8752 and making the payment is the later of the following dates. Prior year tax return May 15 of the calendar year following the calendar year in which the applicable election year begins. Prior year tax return 60 days after the partnership or S corporation has been notified by the IRS that the business year request has been denied. Prior year tax return   A PSC activates its back-up election by filing Form 8716 with its original or amended income tax return for the tax year in which the election is first effective and printing on the top of the income tax return, “ACTIVATING BACK-UP ELECTION. Prior year tax return ” 52-53-Week Tax Year A partnership, S corporation, or PSC can use a tax year other than its required tax year if it elects a 52-53-week tax year (discussed earlier) that ends with reference to either its required tax year or a tax year elected under section 444 (discussed earlier). Prior year tax return A newly formed partnership, S corporation, or PSC can adopt a 52-53-week tax year ending with reference to either its required tax year or a tax year elected under section 444 without IRS approval. Prior year tax return However, if the entity wishes to change to a 52-53-week tax year or change from a 52-53-week tax year that references a particular month to a non-52-53-week tax year that ends on the last day of that month, it must request IRS approval by filing Form 1128. Prior year tax return Business Purpose Tax Year A partnership, S corporation, or PSC establishes the business purpose for a tax year by filing Form 1128. Prior year tax return See the Instructions for Form 1128 for details. Prior year tax return Corporations (Other Than S Corporations and PSCs) A new corporation establishes its tax year when it files its first tax return. Prior year tax return A newly reactivated corporation that has been inactive for a number of years is treated as a new taxpayer for the purpose of adopting a tax year. Prior year tax return An S corporation or a PSC must use the required tax year rules, discussed earlier, to establish a tax year. Prior year tax return Generally, a corporation that wants to change its tax year must obtain approval from the IRS under either the: (a) automatic approval procedures; or (b) ruling request procedures. Prior year tax return See the Instructions for Form 1128 for details. Prior year tax return Accounting Methods An accounting method is a set of rules used to determine when income and expenses are reported on your tax return. Prior year tax return Your accounting method includes not only your overall method of accounting, but also the accounting treatment you use for any material item. Prior year tax return You choose an accounting method when you file your first tax return. Prior year tax return If you later want to change your accounting method, you must get IRS approval. Prior year tax return See Change in Accounting Method, later. Prior year tax return No single accounting method is required of all taxpayers. Prior year tax return You must use a system that clearly reflects your income and expenses and you must maintain records that will enable you to file a correct return. Prior year tax return In addition to your permanent accounting books, you must keep any other records necessary to support the entries on your books and tax returns. Prior year tax return You must use the same accounting method from year to year. Prior year tax return An accounting method clearly reflects income only if all items of gross income and expenses are treated the same from year to year. Prior year tax return If you do not regularly use an accounting method that clearly reflects your income, your income will be refigured under the method that, in the opinion of the IRS, does clearly reflect income. Prior year tax return Methods you can use. Prior year tax return   In general, you can compute your taxable income under any of the following accounting methods. Prior year tax return Cash method. Prior year tax return Accrual method. Prior year tax return Special methods of accounting for certain items of income and expenses. Prior year tax return A hybrid method which combines elements of two or more of the above accounting methods. Prior year tax return The cash and accrual methods of accounting are explained later. Prior year tax return Special methods. Prior year tax return   This publication does not discuss special methods of accounting for certain items of income or expenses. Prior year tax return For information on reporting income using one of the long-term contract methods, see section 460 of the Internal Revenue Code and the related regulations. Prior year tax return The following publications also discuss special methods of reporting income or expenses. Prior year tax return Publication 225, Farmer's Tax Guide. Prior year tax return Publication 535, Business Expenses. Prior year tax return Publication 537, Installment Sales. Prior year tax return Publication 946, How To Depreciate Property. Prior year tax return Hybrid method. Prior year tax return   Generally, you can use any combination of cash, accrual, and special methods of accounting if the combination clearly reflects your income and you use it consistently. Prior year tax return However, the following restrictions apply. Prior year tax return If an inventory is necessary to account for your income, you must use an accrual method for purchases and sales. Prior year tax return See Exceptions under Inventories, later. Prior year tax return Generally, you can use the cash method for all other items of income and expenses. Prior year tax return See Inventories, later. Prior year tax return If you use the cash method for reporting your income, you must use the cash method for reporting your expenses. Prior year tax return If you use an accrual method for reporting your expenses, you must use an accrual method for figuring your income. Prior year tax return Any combination that includes the cash method is treated as the cash method for purposes of section 448 of the Internal Revenue Code. Prior year tax return Business and personal items. Prior year tax return   You can account for business and personal items using different accounting methods. Prior year tax return For example, you can determine your business income and expenses under an accrual method, even if you use the cash method to figure personal items. Prior year tax return Two or more businesses. Prior year tax return   If you operate two or more separate and distinct businesses, you can use a different accounting method for each business. Prior year tax return No business is separate and distinct, unless a complete and separate set of books and records is maintained for each business. Prior year tax return Note. Prior year tax return If you use different accounting methods to create or shift profits or losses between businesses (for example, through inventory adjustments, sales, purchases, or expenses) so that income is not clearly reflected, the businesses will not be considered separate and distinct. Prior year tax return Cash Method Most individuals and many small businesses use the cash method of accounting. Prior year tax return Generally, if you produce, purchase, or sell merchandise, you must keep an inventory and use an accrual method for sales and purchases of merchandise. Prior year tax return See Inventories, later, for exceptions to this rule. Prior year tax return Income Under the cash method, you include in your gross income all items of income you actually or constructively receive during the tax year. Prior year tax return If you receive property and services, you must include their fair market value (FMV) in income. Prior year tax return Constructive receipt. Prior year tax return   Income is constructively received when an amount is credited to your account or made available to you without restriction. Prior year tax return You need not have possession of it. Prior year tax return If you authorize someone to be your agent and receive income for you, you are considered to have received it when your agent receives it. Prior year tax return Income is not constructively received if your control of its receipt is subject to substantial restrictions or limitations. Prior year tax return Example. Prior year tax return You are a calendar year taxpayer. Prior year tax return Your bank credited, and made available, interest to your bank account in December 2012. Prior year tax return You did not withdraw it or enter it into your books until 2013. Prior year tax return You must include the amount in gross income for 2012, the year you constructively received it. Prior year tax return You cannot hold checks or postpone taking possession of similar property from one tax year to another to postpone paying tax on the income. Prior year tax return You must report the income in the year the property is received or made available to you without restriction. Prior year tax return Expenses Under the cash method, generally, you deduct expenses in the tax year in which you actually pay them. Prior year tax return This includes business expenses for which you contest liability. Prior year tax return However, you may not be able to deduct an expense paid in advance. Prior year tax return Instead, you may be required to capitalize certain costs, as explained later under Uniform Capitalization Rules. Prior year tax return Expense paid in advance. Prior year tax return   An expense you pay in advance is deductible only in the year to which it applies, unless the expense qualifies for the 12-month rule. Prior year tax return   Under the 12-month rule, a taxpayer is not required to capitalize amounts paid to create certain rights or benefits for the taxpayer that do not extend beyond the earlier of the following. Prior year tax return 12 months after the right or benefit begins, or The end of the tax year after the tax year in which payment is made. Prior year tax return   If you have not been applying the general rule (an expense paid in advance is deductible only in the year to which it applies) and/or the 12-month rule to the expenses you paid in advance, you must obtain approval from the IRS before using the general rule and/or the 12-month rule. Prior year tax return See Change in Accounting Method, later. Prior year tax return Example 1. Prior year tax return You are a calendar year taxpayer and pay $3,000 in 2012 for a business insurance policy that is effective for three years (36 months), beginning on July 1, 2012. Prior year tax return The general rule that an expense paid in advance is deductible only in the year to which it applies is applicable to this payment because the payment does not qualify for the 12-month rule. Prior year tax return Therefore, only $500 (6/36 x $3,000) is deductible in 2012, $1,000 (12/36 x $3,000) is deductible in 2013, $1,000 (12/36 x $3,000) is deductible in 2014, and the remaining $500 is deductible in 2015. Prior year tax return Example 2. Prior year tax return You are a calendar year taxpayer and pay $10,000 on July 1, 2012, for a business insurance policy that is effective for only one year beginning on July 1, 2012. Prior year tax return The 12-month rule applies. Prior year tax return Therefore, the full $10,000 is deductible in 2012. Prior year tax return Excluded Entities The following entities cannot use the cash method, including any combination of methods that includes the cash method. Prior year tax return (See Special rules for farming businesses, later. Prior year tax return ) A corporation (other than an S corporation) with average annual gross receipts exceeding $5 million. Prior year tax return See Gross receipts test, below. Prior year tax return A partnership with a corporation (other than an S corporation) as a partner, and with the partnership having average annual gross receipts exceeding $5 million. Prior year tax return See Gross receipts test, below. Prior year tax return A tax shelter. Prior year tax return Exceptions The following entities are not prohibited from using the cash method of accounting. Prior year tax return Any corporation or partnership, other than a tax shelter, that meets the gross receipts test for all tax years after 1985. Prior year tax return A qualified personal service corporation (PSC). Prior year tax return Gross receipts test. Prior year tax return   A corporation or partnership, other than a tax shelter, that meets the gross receipts test can generally use the cash method. Prior year tax return A corporation or a partnership meets the test if, for each prior tax year beginning after 1985, its average annual gross receipts are $5 million or less. Prior year tax return    An entity's average annual gross receipts for a prior tax year is determined by: Adding the gross receipts for that tax year and the 2 preceding tax years; and Dividing the total by 3. Prior year tax return See Gross receipts test for qualifying taxpayers, for more information. Prior year tax return Generally, a partnership applies the test at the partnership level. Prior year tax return Gross receipts for a short tax year are annualized. Prior year tax return Aggregation rules. Prior year tax return   Organizations that are members of an affiliated service group or a controlled group of corporations treated as a single employer for tax purposes are required to aggregate their gross receipts to determine whether the gross receipts test is met. Prior year tax return Change to accrual method. Prior year tax return   A corporation or partnership that fails to meet the gross receipts test for any tax year is prohibited from using the cash method and must change to an accrual method of accounting, effective for the tax year in which the entity fails to meet this test. Prior year tax return Special rules for farming businesses. Prior year tax return   Generally, a taxpayer engaged in the trade or business of farming is allowed to use the cash method for its farming business. Prior year tax return However, certain corporations (other than S corporations) and partnerships that have a partner that is a corporation must use an accrual method for their farming business. Prior year tax return For this purpose, farming does not include the operation of a nursery or sod farm or the raising or harvesting of trees (other than fruit and nut trees). Prior year tax return   There is an exception to the requirement to use an accrual method for corporations with gross receipts of $1 million or less for each prior tax year after 1975. Prior year tax return For family corporations engaged in farming, the exception applies if gross receipts were $25 million or less for each prior tax year after 1985. Prior year tax return See chapter 2 of Publication 225, Farmer's Tax Guide, for more information. Prior year tax return Qualified PSC. Prior year tax return   A PSC that meets the following function and ownership tests can use the cash method. Prior year tax return Function test. Prior year tax return   A corporation meets the function test if at least 95% of its activities are in the performance of services in the fields of health, veterinary services, law, engineering (including surveying and mapping), architecture, accounting, actuarial science, performing arts, or consulting. Prior year tax return Ownership test. Prior year tax return   A corporation meets the ownership test if at least 95% of its stock is owned, directly or indirectly, at all times during the year by one or more of the following. Prior year tax return Employees performing services for the corporation in a field qualifying under the function test. Prior year tax return Retired employees who had performed services in those fields. Prior year tax return The estate of an employee described in (1) or (2). Prior year tax return Any other person who acquired the stock by reason of the death of an employee referred to in (1) or (2), but only for the 2-year period beginning on the date of death. Prior year tax return   Indirect ownership is generally taken into account if the stock is owned indirectly through one or more partnerships, S corporations, or qualified PSCs. Prior year tax return Stock owned by one of these entities is considered owned by the entity's owners in proportion to their ownership interest in that entity. Prior year tax return Other forms of indirect stock ownership, such as stock owned by family members, are generally not considered when determining if the ownership test is met. Prior year tax return   For purposes of the ownership test, a person is not considered an employee of a corporation unless that person performs more than minimal services for the corporation. Prior year tax return Change to accrual method. Prior year tax return   A corporation that fails to meet the function test for any tax year; or fails to meet the ownership test at any time during any tax year must change to an accrual method of accounting, effective for the year in which the corporation fails to meet either test. Prior year tax return A corporation that fails to meet the function test or the ownership test is not treated as a qualified PSC for any part of that tax year. Prior year tax return Accrual Method Under the accrual method of accounting, generally you report income in the year it is earned and deduct or capitalize expenses in the year incurred. Prior year tax return The purpose of an accrual method of accounting is to match income and expenses in the correct year. Prior year tax return Income Generally, you include an amount in gross income for the tax year in which all events that fix your right to receive the income have occurred and you can determine the amount with reasonable accuracy. Prior year tax return Under this rule, you report an amount in your gross income on the earliest of the following dates. Prior year tax return When you receive payment. Prior year tax return When the income amount is due to you. Prior year tax return When you earn the income. Prior year tax return When title has passed. Prior year tax return Estimated income. Prior year tax return   If you include a reasonably estimated amount in gross income and later determine the exact amount is different, take the difference into account in the tax year you make that determination. Prior year tax return Change in payment schedule. Prior year tax return   If you perform services for a basic rate specified in a contract, you must accrue the income at the basic rate, even if you agree to receive payments at a reduced rate. Prior year tax return Continue this procedure until you complete the services, then account for the difference. Prior year tax return Advance Payment for Services Generally, you report an advance payment for services to be performed in a later tax year as income in the year you receive the payment. Prior year tax return However, if you receive an advance payment for services you agree to perform by the end of the next tax year, you can elect to postpone including the advance payment in income until the next tax year. Prior year tax return However, you cannot postpone including any payment beyond that tax year. Prior year tax return Service agreement. Prior year tax return   You can postpone reporting income from an advance payment you receive for a service agreement on property you sell, lease, build, install, or construct. Prior year tax return This includes an agreement providing for incidental replacement of parts or materials. Prior year tax return However, this applies only if you offer the property without a service agreement in the normal course of business. Prior year tax return Postponement not allowed. Prior year tax return   Generally, one cannot postpone including an advance payment in income for services if either of the following applies. Prior year tax return You are to perform any part of the service after the end of the tax year immediately following the year you receive the advance payment. Prior year tax return You are to perform any part of the service at any unspecified future date that may be after the end of the tax year immediately following the year you receive the advance payment. Prior year tax return Examples. Prior year tax return   In each of the following examples, assume the tax year is a calendar year and that the accrual method of accounting is used. Prior year tax return Example 1. Prior year tax return You manufacture, sell, and service computers. Prior year tax return You received payment in 2012 for a one-year contingent service contract on a computer you sold. Prior year tax return You can postpone including in income the part of the payment you did not earn in 2012 if, in the normal course of your business, you offer computers for sale without a contingent service contract. Prior year tax return Example 2. Prior year tax return You are in the television repair business. Prior year tax return You received payments in 2012 for one-year contracts under which you agree to repair or replace certain parts that fail to function properly in television sets manufactured and sold by unrelated parties. Prior year tax return You include the payments in gross income as you earn them. Prior year tax return Example 3. Prior year tax return You own a dance studio. Prior year tax return On October 1, 2012, you receive payment for a one-year contract for 48 one-hour lessons beginning on that date. Prior year tax return You give eight lessons in 2012. Prior year tax return Under this method of including advance payments, you must include one-sixth (8/48) of the payment in income for 2012, and five-sixths (40/48) of the payment in 2013, even if you do not give all the lessons by the end of 2013. Prior year tax return Example 4. Prior year tax return Assume the same facts as in Example 3, except the payment is for a two-year contract for 96 lessons. Prior year tax return You must include the entire payment in income in 2012 since part of the services may be performed after the following year. Prior year tax return Guarantee or warranty. Prior year tax return   Generally, you cannot postpone reporting income you receive under a guarantee or warranty contract. Prior year tax return Prepaid rent. Prior year tax return   You cannot postpone reporting income from prepaid rent. Prior year tax return Prepaid rent does not include payment for the use of a room or other space when significant service is also provided for the occupant. Prior year tax return You provide significant service when you supply space in a hotel, boarding house, tourist home, motor court, motel, or apartment house that furnishes hotel services. Prior year tax return Books and records. Prior year tax return   Any advance payment you include in gross receipts on your tax return for the year you receive payment must not be less than the payment you include in income for financial reports under the method of accounting used for those reports. Prior year tax return Financial reports include reports to shareholders, partners, beneficiaries, and other proprietors for credit purposes and consolidated financial statements. Prior year tax return IRS approval. Prior year tax return   You must file Form 3115 to obtain IRS approval to change your method of accounting for advance payment for services. Prior year tax return Advance Payment for Sales Special rules apply to including income from advance payments on agreements for future sales or other dispositions of goods held primarily for sale to customers in the ordinary course of your trade or business. Prior year tax return However, the rules do not apply to a payment (or part of a payment) for services that are not an integral part of the main activities covered under the agreement. Prior year tax return An agreement includes a gift certificate that can be redeemed for goods. Prior year tax return Amounts due and payable are considered received. Prior year tax return How to report payments. Prior year tax return   Generally, include an advance payment in income in the year in which you receive it. Prior year tax return However, you can use the alternative method, discussed next. Prior year tax return Alternative method of reporting. Prior year tax return   Under the alternative method, generally include an advance payment in income in the earlier tax year in which you: Include advance payments in gross receipts under the method of accounting you use for tax purposes, or Include any part of advance payments in income for financial reports under the method of accounting used for those reports. Prior year tax return Financial reports include reports to shareholders, partners, beneficiaries, and other proprietors for credit purposes and consolidated financial statements. Prior year tax return Example 1. Prior year tax return You are a retailer. Prior year tax return You use an accrual method of accounting and account for the sale of goods when you ship the goods. Prior year tax return You use this method for both tax and financial reporting purposes. Prior year tax return You can include advance payments in gross receipts for tax purposes in either: (a) the tax year in which you receive the payments; or (b) the tax year in which you ship the goods. Prior year tax return However, see Exception for inventory goods, later. Prior year tax return Example 2. Prior year tax return You are a calendar year taxpayer. Prior year tax return You manufacture household furniture and use an accrual method of accounting. Prior year tax return Under this method, you accrue income for your financial reports when you ship the furniture. Prior year tax return For tax purposes, you do not accrue income until the furniture has been delivered and accepted. Prior year tax return In 2012, you received an advance payment of $8,000 for an order of furniture to be manufactured for a total price of $20,000. Prior year tax return You shipped the furniture to the customer in December 2012, but it was not delivered and accepted until January 2013. Prior year tax return For tax purposes, you include the $8,000 advance payment in gross income for 2012; and include the remaining $12,000 of the contract price in gross income for 2013. Prior year tax return Information schedule. Prior year tax return   If you use the alternative method of reporting advance payments, you must attach a statement with the following information to your tax return each year. Prior year tax return Total advance payments received in the current tax year. Prior year tax return Total advance payments received in earlier tax years and not included in income before the current tax year. Prior year tax return Total payments received in earlier tax years included in income for the current tax year. Prior year tax return Exception for inventory goods. Prior year tax return   If you have an agreement to sell goods properly included in inventory, you can postpone including the advance payment in income until the end of the second tax year following the year you receive an advance payment if, on the last day of the tax year, you meet the following requirements. Prior year tax return You account for the advance payment under the alternative method (discussed earlier). Prior year tax return You have received a substantial advance payment on the agreement (discussed next). Prior year tax return You have enough substantially similar goods on hand, or available through your normal source of supply, to satisfy the agreement. Prior year tax return These rules also apply to an agreement, such as a gift certificate, that can be satisfied with goods that cannot be identified in the tax year you receive an advance payment. Prior year tax return   If you meet these conditions, all advance payments you receive by the end of the second tax year, including payments received in prior years but not reported, must be included in income by the second tax year following the tax year of receipt of substantial advance payments. Prior year tax return You must also deduct in that second year all actual or estimated costs for the goods required to satisfy the agreement. Prior year tax return If you estimated the cost, you must take into account any difference between the estimate and the actual cost when the goods are delivered. Prior year tax return Note. Prior year tax return You must report any advance payments you receive after the second year in the year received. Prior year tax return No further deferral is allowed. Prior year tax return Substantial advance payments. Prior year tax return   Under an agreement for a future sale, you have substantial advance payments if, by the end of the tax year, the total advance payments received during that year and preceding tax years are equal to or more than the total costs reasonably estimated to be includible in inventory because of the agreement. Prior year tax return Example. Prior year tax return You are a calendar year, accrual method taxpayer who accounts for advance payments under the alternative method. Prior year tax return In 2008, you entered into a contract for the sale of goods properly includible in your inventory. Prior year tax return The total contract price is $50,000 and you estimate that your total inventoriable costs for the goods will be $25,000. Prior year tax return You receive the following advance payments under the contract. Prior year tax return 2009 $17,500 2010 10,000 2011 7,500 2012 5,000 2013 5,000 2014 5,000 Total contract price $50,000   Your customer asked you to deliver the goods in 2015. Prior year tax return In your 2010 closing inventory, you had on hand enough of the type of goods specified in the contract to satisfy the contract. Prior year tax return Since the advance payments you had received by the end of 2010 were more than the costs you estimated, the payments are substantial advance payments. Prior year tax return   For 2012, include in income all payments you received by the end of 2012, the second tax year following the tax year in which you received substantial advance payments. Prior year tax return You must include $40,000 in sales for 2012 (the total amounts received from 2009 through 2012) and include in inventory the cost of the goods (or similar goods) on hand. Prior year tax return If no such goods are on hand, then estimate the cost necessary to satisfy the contract. Prior year tax return   No further deferral is allowed. Prior year tax return You must include in gross income the advance payment you receive each remaining year of the contract. Prior year tax return Take into account the difference between any estimated cost of goods sold and the actual cost when you deliver the goods in 2015. Prior year tax return IRS approval. Prior year tax return   You must file Form 3115 to obtain IRS approval to change your method of accounting for advance payments for sales. Prior year tax return Expenses Under an accrual method of accounting, you generally deduct or capitalize a business expense when both the following apply. Prior year tax return The all-events test has been met. Prior year tax return The test is met when: All events have occurred that fix the fact of liability, and The liability can be determined with reasonable accuracy. Prior year tax return Economic performance has occurred. Prior year tax return Economic Performance Generally, you cannot deduct or capitalize a business expense until economic performance occurs. Prior year tax return If your expense is for property or services provided to you, or for your use of property, economic performance occurs as the property or services are provided or the property is used. Prior year tax return If your expense is for property or services you provide to others, economic performance occurs as you provide the property or services. Prior year tax return Example. Prior year tax return You are a calendar year taxpayer. Prior year tax return You buy office supplies in December 2012. Prior year tax return You receive the supplies and the bill in December, but you pay the bill in January 2013. Prior year tax return You can deduct the expense in 2012 because all events have occurred to fix the liability, the amount of the liability can be determined, and economic performance occurred in 2012. Prior year tax return Your office supplies may qualify as a recurring item, discussed later. Prior year tax return If so, you can deduct them in 2012, even if the supplies are not delivered until 2013 (when economic performance occurs). Prior year tax return Workers' compensation and tort liability. Prior year tax return   If you are required to make payments under workers' compensation laws or in satisfaction of any tort liability, economic performance occurs as you make the payments. Prior year tax return If you are required to make payments to a special designated settlement fund established by court order for a tort liability, economic performance occurs as you make the payments. Prior year tax return Taxes. Prior year tax return   Economic performance generally occurs as estimated income tax, property taxes, employment taxes, etc. Prior year tax return are paid. Prior year tax return However, you can elect to treat taxes as a recurring item, discussed later. Prior year tax return You can also elect to ratably accrue real estate taxes. Prior year tax return See chapter 5 of Publication 535 for information about real estate taxes. Prior year tax return Other liabilities. Prior year tax return   Other liabilities for which economic performance occurs as you make payments include liabilities for breach of contract (to the extent of incidental, consequential, and liquidated damages), violation of law, rebates and refunds, awards, prizes, jackpots, insurance, and warranty and service contracts. Prior year tax return Interest. Prior year tax return   Economic performance occurs with the passage of time (as the borrower uses, and the lender forgoes use of, the lender's money) rather than as payments are made. Prior year tax return Compensation for services. Prior year tax return   Generally, economic performance occurs as an employee renders service to the employer. Prior year tax return However, deductions for compensation or other benefits paid to an employee in a year subsequent to economic performance are subject to the rules governing deferred compensation, deferred benefits, and funded welfare benefit plans. Prior year tax return For information on employee benefit programs, see Publication 15-B, Employer's Tax Guide to Fringe Benefits. Prior year tax return Vacation pay. Prior year tax return   You can take a current deduction for vacation pay earned by your employees if you pay it during the year or, if the amount is vested, within 2½ months after the end of the year. Prior year tax return If you pay it later than this, you must deduct it in the year actually paid. Prior year tax return An amount is vested if your right to it cannot be nullified or cancelled. Prior year tax return Exception for recurring items. Prior year tax return   An exception to the economic performance rule allows certain recurring items to be treated as incurred during the tax year even though economic performance has not occurred. Prior year tax return The exception applies if all the following requirements are met. Prior year tax return The all-events test, discussed earlier, is met. Prior year tax return Economic performance occurs by the earlier of the following dates. Prior year tax return 8½ months after the close of the year. Prior year tax return The date you file a timely return (including extensions) for the year. Prior year tax return The item is recurring in nature and you consistently treat similar items as incurred in the tax year in which the all-events test is met. Prior year tax return Either: The item is not material, or Accruing the item in the year in which the all-events test is met results in a better match against income than accruing the item in the year of economic performance. Prior year tax return This exception does not apply to workers' compensation or tort liabilities. Prior year tax return Amended return. Prior year tax return   You may be able to file an amended return and treat a liability as incurred under the recurring item exception. Prior year tax return You can do so if economic performance for the liability occurs after you file your tax return for the year, but within 8½ months after the close of the tax year. Prior year tax return Recurrence and consistency. Prior year tax return   To determine whether an item is recurring and consistently reported, consider the frequency with which the item and similar items are incurred (or expected to be incurred) and how you report these items for tax purposes. Prior year tax return A new expense or an expense not incurred every year can be treated as recurring if it is reasonable to expect that it will be incurred regularly in the future. Prior year tax return Materiality. Prior year tax return   Factors to consider in determining the materiality of a recurring item include the size of the item (both in absolute terms and in relation to your income and other expenses) and the treatment of the item on your financial statements. Prior year tax return   An item considered material for financial statement purposes is also considered material for tax purposes. Prior year tax return However, in certain situations an immaterial item for financial accounting purposes is treated as material for purposes of economic performance. Prior year tax return Matching expenses with income. Prior year tax return   Costs directly associated with the revenue of a period are properly allocable to that period. Prior year tax return To determine whether the accrual of an expense in a particular year results in a better match with the income to which it relates, generally accepted accounting principles (GAAP; visit www. Prior year tax return fasab. Prior year tax return gov/accepted. Prior year tax return html) are an important factor. Prior year tax return   For example, if you report sales income in the year of sale, but you do not ship the goods until the following year, the shipping costs are more properly matched to income in the year of sale than the year the goods are shipped. Prior year tax return Expenses that cannot be practically associated with income of a particular period, such as advertising costs, should be assigned to the period the costs are incurred. Prior year tax return However, the matching requirement is considered met for certain types of expenses. Prior year tax return These expenses include taxes, payments under insurance, warranty, and service contracts, rebates, refunds, awards, prizes, and jackpots. Prior year tax return Expenses Paid in Advance An expense you pay in advance is deductible only in the year to which it applies, unless the expense qualifies for the 12-month rule. Prior year tax return Under the 12-month rule, a taxpayer is not required to capitalize amounts paid to create certain rights or benefits for the taxpayer that do not extend beyond the earlier of the following. Prior year tax return 12 months after the right or benefit begins, or The end of the tax year after the tax year in which payment is made. Prior year tax return If you have not been applying the general rule (an expense paid in advance is deductible only in the year to which it applies) and/or the 12-month rule to the expenses you paid in advance, you must get IRS approval before using the general rule and/or the 12-month rule. Prior year tax return See Change in Accounting Method, later, for information on how to get IRS approval. Prior year tax return See Expense paid in advance under Cash Method, earlier, for examples illustrating the application of the general and 12-month rules. Prior year tax return Related Persons Business expenses and interest owed to a related person who uses the cash method of accounting are not deductible until you make the payment and the corresponding amount is includible in the related person's gross income. Prior year tax return Determine the relationship for this rule as of the end of the tax year for which the expense or interest would otherwise be deductible. Prior year tax return See section 267 of the Internal Revenue Code and Publication 542, Corporations, for the definition of related person. Prior year tax return Inventories An inventory is necessary to clearly show income when the production, purchase, or sale of merchandise is an income-producing factor. Prior year tax return If you must account for an inventory in your business, you must use an accrual method of accounting for your purchases and sales. Prior year tax return However, see Exceptions, next. Prior year tax return See also Accrual Method, earlier. Prior year tax return To figure taxable income, you must value your inventory at the beginning and end of each tax year. Prior year tax return To determine the value, you need a method for identifying the items in your inventory and a method for valuing these items. Prior year tax return See Identifying Cost and Valuing Inventory, later. Prior year tax return The rules for valuing inventory are not the same for all businesses. Prior year tax return The method you use must conform to generally accepted accounting principles for similar businesses and must clearly reflect income. Prior year tax return Your inventory practices must be consistent from year to year. Prior year tax return The rules discussed here apply only if they do not conflict with the uniform capitalization rules of section 263A and the mark-to-market rules of section 475. Prior year tax return Exceptions The following taxpayers can use the cash method of accounting even if they produce, purchase, or sell merchandise. Prior year tax return These taxpayers can also account for inventoriable items as materials and supplies that are not incidental (discussed later). Prior year tax return A qualifying taxpayer under Revenue Procedure 2001-10 on page 272 of Internal Revenue Bulletin 2001-2, available at www. Prior year tax return irs. Prior year tax return gov/pub/irs-irbs/irb01–02. Prior year tax return pdf. Prior year tax return A qualifying small business taxpayer under Revenue Procedure 2002-28, on page 815 of Internal Revenue Bulletin 2002-18, available at www. Prior year tax return irs. Prior year tax return gov/pub/irs-irbs/irb02–18. Prior year tax return pdf. Prior year tax return In addition to the information provided in this publication, you should see the revenue procedures referenced in the list, above, and the instructions for Form 3115 for information you will need to adopt or change to these accounting methods (see Changing methods, later). Prior year tax return Qualifying taxpayer. Prior year tax return   You are a qualifying taxpayer under Revenue Procedure 2001-10 only if: You satisfy the gross receipts test for each prior tax year ending on or after December 17, 1998 (see Gross receipts test for qualifying taxpayers, next). Prior year tax return Your average annual gross receipts for each test year (explained in Step 1, listed next) must be $1 million or less. Prior year tax return You are not a tax shelter as defined under section 448(d)(3) of the Internal Revenue Code. Prior year tax return Gross receipts test for qualifying taxpayers. Prior year tax return   To determine if you meet the gross receipts test for qualifying taxpayers, use the following steps: Step 1. Prior year tax return List each of the test years. Prior year tax return For qualifying taxpayers under Revenue Procedure 2001-10, the test years are each prior tax year ending on or after December 17, 1998. Prior year tax return Step 2. Prior year tax return Determine your average annual gross receipts for each test year listed in Step 1. Prior year tax return Your average annual gross receipts for a tax year is determined by adding the gross receipts for that tax year and the 2 preceding tax years and dividing the total by 3. Prior year tax return Step 3. Prior year tax return You meet the gross receipts test for qualifying taxpayers if your average annual gross receipts for each test year listed in Step 1 is $1 million or less. Prior year tax return Qualifying small business taxpayer. Prior year tax return   You are a qualifying small business taxpayer under Revenue Procedure 2002-28 only if: You satisfy the gross receipts test for each prior tax year ending on or after December 31, 2000 (see Gross receipts test for qualifying small business taxpayers, next). Prior year tax return Your average annual gross receipts for each test year (explained in Step 1, listed next) must be $10 million or less. Prior year tax return You are not prohibited from using the cash method under section 448 of the Internal Revenue Code. Prior year tax return Your principle business activity is an eligible business. Prior year tax return See Eligible business, later. Prior year tax return You have not changed (or have not been required to change) from the cash method because you became ineligible to use the cash method under Revenue Procedure 2002-28. Prior year tax return Note. Prior year tax return Revenue Procedure 2002-28 does not apply to a farming business of a qualifying small business taxpayer. Prior year tax return A taxpayer engaged in the trade or business of farming generally is allowed to use the cash method for any farming business. Prior year tax return See Special rules for farming businesses under Cash Method, earlier. Prior year tax return Gross receipts test for qualifying small business taxpayers. Prior year tax return   To determine if you meet the gross receipts test for qualifying small business taxpayers, use the following steps: Step 1. Prior year tax return List each of the test years. Prior year tax return For qualifying small business taxpayers under Revenue Procedure 2002-28, the test years are each prior tax year ending on or after December 31, 2000. Prior year tax return Step 2. Prior year tax return Determine your average annual gross receipts for each test year listed in Step 1. Prior year tax return Your average annual gross receipts for a tax year is determined by adding the gross receipts for that tax year and the 2 preceding tax years and dividing the total by 3. Prior year tax return Step 3. Prior year tax return You meet the gross receipts test for qualifying small business taxpayers if your average annual gross receipts for each test year listed in Step 1 is $10 million or less. Prior year tax return Eligible business. Prior year tax return   An eligible business is any business for which a qualified small business taxpayer can use the cash method and choose to not keep an inventory. Prior year tax return You have an eligible business if you meet any of the following requirements. Prior year tax return Your principal business activity is described in a North American Industry Classification System (NAICS) code other than any of the following NAICS subsector codes: NAICS codes 211 and 212 (mining activities). Prior year tax return NAICS codes 31-33 (manufacturing). Prior year tax return NAICS code 42 (wholesale trade). Prior year tax return NAICS codes 44-45 (retail trade). Prior year tax return NAICS codes 5111 and 5122 (information industries). Prior year tax return Your principal business activity is the provision of services, including the provision of property incident to those services. Prior year tax return Your principal business activity is the fabrication or modification of tangible personal property upon demand in accordance with customer design or specifications. Prior year tax return   Information about the NAICS codes can be found at http://www. Prior year tax return census. Prior year tax return gov/naics or in the instructions for your federal income tax return. Prior year tax return Gross receipts. Prior year tax return   In general, gross receipts must include all receipts from all your trades or businesses that must be recognized under the method of accounting you used for that tax year for federal income tax purposes. Prior year tax return See the definit
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Consumer Protection Offices

City, county, regional, and state consumer offices offer a variety of important services. They might mediate complaints, conduct investigations, prosecute offenders of consumer laws, license and regulate professional service providers, provide educational materials and advocate for consumer rights. To save time, call before sending a written complaint. Ask if the office handles the type of complaint you have and if complaint forms are provided.

State Consumer Protection Offices

Office of Attorney General

Website: Office of Attorney General

Address: Office of Attorney General
Consumer Protection Division
PO Drawer 1508
Santa Fe, NM 87504-1508

Phone Number: 505-827-6009 (Santa Fe) 505-222-9100 (Albuquerque) 575-526-2280(Las Cruces) (Albuquerque)

Toll-free: 1-800-678-1508

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Banking Authorities

The officials listed in this section regulate and supervise state-chartered banks. Many of them handle or refer problems and complaints about other types of financial institutions as well. Some also answer general questions about banking and consumer credit. If you are dealing with a federally chartered bank, check Federal Agencies.

Regulation and Licensing Department

Website: Regulation and Licensing Department

Address: Regulation and Licensing Department
Financial Institutions Division
2550 Cerrillos Rd., 3rd Floor
Santa Fe, NM 87505

Phone Number: 505-476-4885

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Insurance Regulators

Each state has its own laws and regulations for each type of insurance. The officials listed in this section enforce these laws. Many of these offices can also provide you with information to help you make informed insurance buying decisions.

Public Regulation Commission

Website: Public Regulation Commission

Address: Public Regulation Commission
Insurance Division
PO Box 1269
1120 Paseo de Peralta
Santa Fe, NM 87504

Toll-free: 1-888-427-5772 (NM)

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Securities Administrators

Each state has its own laws and regulations for securities brokers and securities - including stocks, mutual funds, commodities, real estate, etc. The officials and agencies listed in this section enforce these laws and regulations. Many of these offices can also provide information to help you make informed investment decisions.

Regulation and Licensing Department

Website: Regulation and Licensing Department

Address: Regulation and Licensing Department
Securities Division
2550 Cerrillos Rd., 3rd Floor
Santa Fe, NM 87505

Phone Number: 505-476-4580

Toll-free: 1-800-704-5533 (NM)

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Utility Commissions

State Utility Commissions regulate services and rates for gas, electricity and telephones within your state. In some states, the utility commissions regulate other services such as water, transportation, and the moving of household goods. Many utility commissions handle consumer complaints. Sometimes, if a number of complaints are received about the same utility matter, they will conduct investigations.

Public Regulation Commission

Website: Public Regulation Commission

Address: Public Regulation Commission
Consumer Relations Division
1120 Paseo de Peralta
PO Box 1269
Santa Fe, NM 87501

Phone Number: 505-827-4592

Toll-free: 1-888-427-5772

TTY: 505-827-6911

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The Prior Year Tax Return

Prior year tax return Part Three -   Ganancias y Pérdidas Los cuatro capítulos de esta sección abordan las ganancias y pérdidas provenientes de inversiones. Prior year tax return Explican también cómo calcular la base de una propiedad. Prior year tax return Una ganancia proveniente de la venta o del canje de acciones, bonos u otra propiedad de inversión puede estar sujeta a impuestos o al menos parcialmente exenta de impuestos. Prior year tax return Una pérdida puede ser o no ser deducible. Prior year tax return Además, estos capítulos tratan sobre las ganancias provenientes de la venta de propiedad de uso personal, incluidas las reglas especiales que corresponden al vender su vivienda. Prior year tax return Las pérdidas por hecho fortuito y robo no relacionadas con los negocios se presentan en el capítulo 25 de la Parte Cinco. Prior year tax return Table of Contents 13. Prior year tax return   Base de BienesIntroduction Useful Items - You may want to see: Base de CostoBienes Raíces Base AjustadaAumentos a la Base Disminuciones a la Base Base Distinta al CostoBienes Recibidos por Servicios Intercambios Sujetos a Impuestos Conversiones Involuntarias Intercambios no Sujetos a Impuestos Bienes Traspasados de un Cónyuge Bienes Recibidos como Donación Bienes Heredados Bienes de Uso Personal Cambiados a Uso Comercial o de Alquiler Acciones y Bonos 14. Prior year tax return   Venta de BienesRecordatorio Introduction Useful Items - You may want to see: Ventas y CanjesQué es una Venta o Canje Cómo Calcular Pérdidas o Ganancias Canjes no Sujetos a Impuestos Traspasos entre Cónyuges Transacciones entre Partes Vinculadas Pérdidas y Ganancias de CapitalPérdidas o Ganancias Ordinarias o de Capital Bienes de Capital y Bienes que no Son de Capital Período de Tenencia Deudas Incobrables no Empresariales Ventas Ficticias Reinversiones de Ganancia de Valores Cotizados en Bolsa 15. Prior year tax return   Venta de su ViviendaRecordatorio Introduction Useful Items - You may want to see: Vivienda Principal Cómo Calcular las Pérdidas o Ganancias Precio de Venta Cantidad Recibida Base Ajustada Cantidad de Pérdidas o Ganancias Enajenaciones que no Sean Ventas Cómo Determinar la Base Cómo Excluir las GananciasExclusión Máxima Requisitos de Propietario y de Uso Exclusión Máxima Reducida Uso Comercial o Alquiler de Vivienda Cómo Declarar la VentaHipoteca financiada por el vendedor. Prior year tax return Información adicional. Prior year tax return Situaciones EspecialesExcepción para ventas a personas emparentadas o vinculadas. Prior year tax return Recuperación (Devolución) de un Subsidio Hipotecario Federal 16. Prior year tax return   Cómo Declarar Ganancias y PérdidasQué Hay de Nuevo Introduction Useful Items - You may want to see: Cómo Declarar Ganancias y Pérdidas de CapitalExcepción 1. Prior year tax return Excepción 2. Prior year tax return Presente el Formulario 1099-B o el Formulario 1099-S al IRS. Prior year tax return Pérdidas de Capital Tasas Impositivas sobre Ganancias de Capital Prev  Up  Next   Home   More Online Publications