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Turbotax 1040x

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Turbotax 1040x

Turbotax 1040x 2. Turbotax 1040x   Ordinary or Capital Gain or Loss Table of Contents IntroductionSection 1231 transactions. Turbotax 1040x Topics - This chapter discusses: Useful Items - You may want to see: Capital Assets Noncapital AssetsCommodities derivative dealer. Turbotax 1040x Sales and Exchanges Between Related PersonsGain Is Ordinary Income Nondeductible Loss Other DispositionsSale of a Business Dispositions of Intangible Property Subdivision of Land Timber Precious Metals and Stones, Stamps, and Coins Coal and Iron Ore Conversion Transactions Introduction You must classify your gains and losses as either ordinary or capital (and your capital gains or losses as either short-term or long-term). Turbotax 1040x You must do this to figure your net capital gain or loss. Turbotax 1040x For individuals, a net capital gain may be taxed at a different tax rate than ordinary income. Turbotax 1040x See Capital Gains Tax Rates in chapter 4. Turbotax 1040x Your deduction for a net capital loss may be limited. Turbotax 1040x See Treatment of Capital Losses in chapter 4. Turbotax 1040x Capital gain or loss. Turbotax 1040x   Generally, you will have a capital gain or loss if you sell or exchange a capital asset. Turbotax 1040x You also may have a capital gain if your section 1231 transactions result in a net gain. Turbotax 1040x Section 1231 transactions. Turbotax 1040x   Section 1231 transactions are sales and exchanges of property held longer than 1 year and either used in a trade or business or held for the production of rents or royalties. Turbotax 1040x They also include certain involuntary conversions of business or investment property, including capital assets. Turbotax 1040x See Section 1231 Gains and Losses in chapter 3 for more information. Turbotax 1040x Topics - This chapter discusses: Capital assets Noncapital assets Sales and exchanges between  related persons Other dispositions Useful Items - You may want to see: Publication 550 Investment Income and Expenses Form (and Instructions) Schedule D (Form 1040) Capital Gains and Losses 4797 Sales of Business Property 8594 Asset Acquisition Statement Under Section 1060 8949 Sales and Other Dispositions of Capital Assets See chapter 5 for information about getting publications and forms. Turbotax 1040x Capital Assets Almost everything you own and use for personal purposes, pleasure, or investment is a capital asset. Turbotax 1040x For exceptions, see Noncapital Assets, later. Turbotax 1040x The following items are examples of capital assets. Turbotax 1040x Stocks and bonds. Turbotax 1040x A home owned and occupied by you and your family. Turbotax 1040x Timber grown on your home property or investment property, even if you make casual sales of the timber. Turbotax 1040x Household furnishings. Turbotax 1040x A car used for pleasure or commuting. Turbotax 1040x Coin or stamp collections. Turbotax 1040x Gems and jewelry. Turbotax 1040x Gold, silver, and other metals. Turbotax 1040x Personal-use property. Turbotax 1040x   Generally, property held for personal use is a capital asset. Turbotax 1040x Gain from a sale or exchange of that property is a capital gain. Turbotax 1040x Loss from the sale or exchange of that property is not deductible. Turbotax 1040x You can deduct a loss relating to personal-use property only if it results from a casualty or theft. Turbotax 1040x Investment property. Turbotax 1040x   Investment property (such as stocks and bonds) is a capital asset, and a gain or loss from its sale or exchange is a capital gain or loss. Turbotax 1040x This treatment does not apply to property used to produce rental income. Turbotax 1040x See Business assets, later, under Noncapital Assets. Turbotax 1040x Release of restriction on land. Turbotax 1040x   Amounts you receive for the release of a restrictive covenant in a deed to land are treated as proceeds from the sale of a capital asset. Turbotax 1040x Noncapital Assets A noncapital asset is property that is not a capital asset. Turbotax 1040x The following kinds of property are not capital assets. Turbotax 1040x Stock in trade, inventory, and other property you hold mainly for sale to customers in your trade or business. Turbotax 1040x Inventories are discussed in Publication 538, Accounting Periods and Methods. Turbotax 1040x But, see the Tip below. Turbotax 1040x Accounts or notes receivable acquired in the ordinary course of a trade or business for services rendered or from the sale of any properties described in (1), above. Turbotax 1040x Depreciable property used in your trade or business or as rental property (including section 197 intangibles defined later), even if the property is fully depreciated (or amortized). Turbotax 1040x Sales of this type of property are discussed in chapter 3. Turbotax 1040x Real property used in your trade or business or as rental property, even if the property is fully depreciated. Turbotax 1040x A copyright; a literary, musical, or artistic composition; a letter; a memorandum; or similar property (such as drafts of speeches, recordings, transcripts, manuscripts, drawings, or photographs): Created by your personal efforts, Prepared or produced for you (in the case of a letter, memorandum, or similar property), or Received from a person who created the property or for whom the property was prepared under circumstances (for example, by gift) entitling you to the basis of the person who created the property, or for whom it was prepared or produced. Turbotax 1040x But, see the Tip below. Turbotax 1040x U. Turbotax 1040x S. Turbotax 1040x Government publications you got from the government for free or for less than the normal sales price or that you acquired under circumstances entitling you to the basis of someone who got the publications for free or for less than the normal sales price. Turbotax 1040x Any commodities derivative financial instrument (discussed later) held by a commodities derivatives dealer unless it meets both of the following requirements. Turbotax 1040x It is established to the satisfaction of the IRS that the instrument has no connection to the activities of the dealer as a dealer. Turbotax 1040x The instrument is clearly identified in the dealer's records as meeting (a) by the end of the day on which it was acquired, originated, or entered into. Turbotax 1040x Any hedging transaction (defined later) that is clearly identified as a hedging transaction by the end of the day on which it was acquired, originated, or entered into. Turbotax 1040x Supplies of a type you regularly use or consume in the ordinary course of your trade or business. Turbotax 1040x You can elect to treat as capital assets certain self-created musical compositions or copyrights you sold or exchanged. Turbotax 1040x See chapter 4 of Publication 550 for details. Turbotax 1040x Property held mainly for sale to customers. Turbotax 1040x   Stock in trade, inventory, and other property you hold mainly for sale to customers in your trade or business are not capital assets. Turbotax 1040x Inventories are discussed in Publication 538. Turbotax 1040x Business assets. Turbotax 1040x   Real property and depreciable property used in your trade or business or as rental property (including section 197 intangibles defined later under Dispositions of Intangible Property) are not capital assets. Turbotax 1040x The sale or disposition of business property is discussed in chapter 3. Turbotax 1040x Letters and memoranda. Turbotax 1040x   Letters, memoranda, and similar property (such as drafts of speeches, recordings, transcripts, manuscripts, drawings, or photographs) are not treated as capital assets (as discussed earlier) if your personal efforts created them or if they were prepared or produced for you. Turbotax 1040x Nor is this property a capital asset if your basis in it is determined by reference to the person who created it or the person for whom it was prepared. Turbotax 1040x For this purpose, letters and memoranda addressed to you are considered prepared for you. Turbotax 1040x If letters or memoranda are prepared by persons under your administrative control, they are considered prepared for you whether or not you review them. Turbotax 1040x Commodities derivative financial instrument. Turbotax 1040x   A commodities derivative financial instrument is a commodities contract or other financial instrument for commodities (other than a share of corporate stock, a beneficial interest in a partnership or trust, a note, bond, debenture, or other evidence of indebtedness, or a section 1256 contract) the value or settlement price of which is calculated or determined by reference to a specified index (as defined in section 1221(b) of the Internal Revenue Code). Turbotax 1040x Commodities derivative dealer. Turbotax 1040x   A commodities derivative dealer is a person who regularly offers to enter into, assume, offset, assign, or terminate positions in commodities derivative financial instruments with customers in the ordinary course of a trade or business. Turbotax 1040x Hedging transaction. Turbotax 1040x   A hedging transaction is any transaction you enter into in the normal course of your trade or business primarily to manage any of the following. Turbotax 1040x Risk of price changes or currency fluctuations involving ordinary property you hold or will hold. Turbotax 1040x Risk of interest rate or price changes or currency fluctuations for borrowings you make or will make, or ordinary obligations you incur or will incur. Turbotax 1040x Sales and Exchanges Between Related Persons This section discusses the rules that may apply to the sale or exchange of property between related persons. Turbotax 1040x If these rules apply, gains may be treated as ordinary income and losses may not be deductible. Turbotax 1040x See Transfers to Spouse in chapter 1 for rules that apply to spouses. Turbotax 1040x Gain Is Ordinary Income If a gain is recognized on the sale or exchange of property to a related person, the gain may be ordinary income even if the property is a capital asset. Turbotax 1040x It is ordinary income if the sale or exchange is a depreciable property transaction or a controlled partnership transaction. Turbotax 1040x Depreciable property transaction. Turbotax 1040x   Gain on the sale or exchange of property, including a leasehold or a patent application, that is depreciable property in the hands of the person who receives it is ordinary income if the transaction is either directly or indirectly between any of the following pairs of entities. Turbotax 1040x A person and the person's controlled entity or entities. Turbotax 1040x A taxpayer and any trust in which the taxpayer (or his or her spouse) is a beneficiary unless the beneficiary's interest in the trust is a remote contingent interest; that is, the value of the interest computed actuarially is 5% or less of the value of the trust property. Turbotax 1040x An executor and a beneficiary of an estate unless the sale or exchange is in satisfaction of a pecuniary bequest (a bequest for a sum of money). Turbotax 1040x An employer (or any person related to the employer under rules (1), (2), or (3)) and a welfare benefit fund (within the meaning of section 419(e) of the Internal Revenue Code) that is controlled directly or indirectly by the employer (or any person related to the employer). Turbotax 1040x Controlled entity. Turbotax 1040x   A person's controlled entity is either of the following. Turbotax 1040x A corporation in which more than 50% of the value of all outstanding stock, or a partnership in which more than 50% of the capital interest or profits interest, is directly or indirectly owned by or for that person. Turbotax 1040x An entity whose relationship with that person is one of the following. Turbotax 1040x A corporation and a partnership if the same persons own more than 50% in value of the outstanding stock of the corporation and more than 50% of the capital interest or profits interest in the partnership. Turbotax 1040x Two corporations that are members of the same controlled group as defined in section 1563(a) of the Internal Revenue Code, except that “more than 50%” is substituted for “at least 80%” in that definition. Turbotax 1040x Two S corporations, if the same persons own more than 50% in value of the outstanding stock of each corporation. Turbotax 1040x Two corporations, one of which is an S corporation, if the same persons own more than 50% in value of the outstanding stock of each corporation. Turbotax 1040x Controlled partnership transaction. Turbotax 1040x   A gain recognized in a controlled partnership transaction may be ordinary income. Turbotax 1040x The gain is ordinary income if it results from the sale or exchange of property that, in the hands of the party who receives it, is a noncapital asset such as trade accounts receivable, inventory, stock in trade, or depreciable or real property used in a trade or business. Turbotax 1040x   A controlled partnership transaction is a transaction directly or indirectly between either of the following pairs of entities. Turbotax 1040x A partnership and a person who directly or indirectly owns more than 50% of the capital interest or profits interest in the partnership. Turbotax 1040x Two partnerships, if the same persons directly or indirectly own more than 50% of the capital interests or profits interests in both partnerships. Turbotax 1040x Determining ownership. Turbotax 1040x   In the transactions under Depreciable property transaction and Controlled partnership transaction, earlier, use the following rules to determine the ownership of stock or a partnership interest. Turbotax 1040x Stock or a partnership interest directly or indirectly owned by or for a corporation, partnership, estate, or trust is considered owned proportionately by or for its shareholders, partners, or beneficiaries. Turbotax 1040x (However, for a partnership interest owned by or for a C corporation, this applies only to shareholders who directly or indirectly own 5% or more in value of the stock of the corporation. Turbotax 1040x ) An individual is considered as owning the stock or partnership interest directly or indirectly owned by or for his or her family. Turbotax 1040x Family includes only brothers, sisters, half-brothers, half-sisters, spouse, ancestors, and lineal descendants. Turbotax 1040x For purposes of applying (1) or (2), above, stock or a partnership interest constructively owned by a person under (1) is treated as actually owned by that person. Turbotax 1040x But stock or a partnership interest constructively owned by an individual under (2) is not treated as owned by the individual for reapplying (2) to make another person the constructive owner of that stock or partnership interest. Turbotax 1040x Nondeductible Loss A loss on the sale or exchange of property between related persons is not deductible. Turbotax 1040x This applies to both direct and indirect transactions, but not to distributions of property from a corporation in a complete liquidation. Turbotax 1040x For the list of related persons, see Related persons next. Turbotax 1040x If a sale or exchange is between any of these related persons and involves the lump-sum sale of a number of blocks of stock or pieces of property, the gain or loss must be figured separately for each block of stock or piece of property. Turbotax 1040x The gain on each item is taxable. Turbotax 1040x The loss on any item is nondeductible. Turbotax 1040x Gains from the sales of any of these items may not be offset by losses on the sales of any of the other items. Turbotax 1040x Related persons. Turbotax 1040x   The following is a list of related persons. Turbotax 1040x Members of a family, including only brothers, sisters, half-brothers, half-sisters, spouse, ancestors (parents, grandparents, etc. Turbotax 1040x ), and lineal descendants (children, grandchildren, etc. Turbotax 1040x ). Turbotax 1040x An individual and a corporation if the individual directly or indirectly owns more than 50% in value of the outstanding stock of the corporation. Turbotax 1040x Two corporations that are members of the same controlled group as defined in section 267(f) of the Internal Revenue Code. Turbotax 1040x A trust fiduciary and a corporation if the trust or the grantor of the trust directly or indirectly owns more than 50% in value of the outstanding stock of the corporation. Turbotax 1040x A grantor and fiduciary, and the fiduciary and beneficiary, of any trust. Turbotax 1040x Fiduciaries of two different trusts, and the fiduciary and beneficiary of two different trusts, if the same person is the grantor of both trusts. Turbotax 1040x A tax-exempt educational or charitable organization and a person who directly or indirectly controls the organization, or a member of that person's family. Turbotax 1040x A corporation and a partnership if the same persons own more than 50% in value of the outstanding stock of the corporation and more than 50% of the capital interest or profits interest in the partnership. Turbotax 1040x Two S corporations if the same persons own more than 50% in value of the outstanding stock of each corporation. Turbotax 1040x Two corporations, one of which is an S corporation, if the same persons own more than 50% in value of the outstanding stock of each corporation. Turbotax 1040x An executor and a beneficiary of an estate unless the sale or exchange is in satisfaction of a pecuniary bequest. Turbotax 1040x Two partnerships if the same persons directly or indirectly own more than 50% of the capital interests or profits interests in both partnerships. Turbotax 1040x A person and a partnership if the person directly or indirectly owns more than 50% of the capital interest or profits interest in the partnership. Turbotax 1040x Partnership interests. Turbotax 1040x   The nondeductible loss rule does not apply to a sale or exchange of an interest in the partnership between the related persons described in (12) or (13) above. Turbotax 1040x Controlled groups. Turbotax 1040x   Losses on transactions between members of the same controlled group described in (3) earlier are deferred rather than denied. Turbotax 1040x   For more information, see section 267(f) of the Internal Revenue Code. Turbotax 1040x Ownership of stock or partnership interests. Turbotax 1040x   In determining whether an individual directly or indirectly owns any of the outstanding stock of a corporation or an interest in a partnership for a loss on a sale or exchange, the following rules apply. Turbotax 1040x Stock or a partnership interest directly or indirectly owned by or for a corporation, partnership, estate, or trust is considered owned proportionately by or for its shareholders, partners, or beneficiaries. Turbotax 1040x (However, for a partnership interest owned by or for a C corporation, this applies only to shareholders who directly or indirectly own 5% or more in value of the stock of the corporation. Turbotax 1040x ) An individual is considered as owning the stock or partnership interest directly or indirectly owned by or for his or her family. Turbotax 1040x Family includes only brothers, sisters, half-brothers, half-sisters, spouse, ancestors, and lineal descendants. Turbotax 1040x An individual owning (other than by applying (2)) any stock in a corporation is considered to own the stock directly or indirectly owned by or for his or her partner. Turbotax 1040x For purposes of applying (1), (2), or (3), stock or a partnership interest constructively owned by a person under (1) is treated as actually owned by that person. Turbotax 1040x But stock or a partnership interest constructively owned by an individual under (2) or (3) is not treated as owned by the individual for reapplying either (2) or (3) to make another person the constructive owner of that stock or partnership interest. Turbotax 1040x Indirect transactions. Turbotax 1040x   You cannot deduct your loss on the sale of stock through your broker if under a prearranged plan a related person or entity buys the same stock you had owned. Turbotax 1040x This does not apply to a cross-trade between related parties through an exchange that is purely coincidental and is not prearranged. Turbotax 1040x Property received from a related person. Turbotax 1040x   If, in a purchase or exchange, you received property from a related person who had a loss that was not allowable and you later sell or exchange the property at a gain, you recognize the gain only to the extent it is more than the loss previously disallowed to the related person. Turbotax 1040x This rule applies only to the original transferee. Turbotax 1040x Example 1. Turbotax 1040x Your brother sold stock to you for $7,600. Turbotax 1040x His cost basis was $10,000. Turbotax 1040x His loss of $2,400 was not deductible. Turbotax 1040x You later sell the same stock to an unrelated party for $10,500, realizing a gain of $2,900 ($10,500 − $7,600). Turbotax 1040x Your recognized gain is only $500, the gain that is more than the $2,400 loss not allowed to your brother. Turbotax 1040x Example 2. Turbotax 1040x Assume the same facts as in Example 1, except that you sell the stock for $6,900 instead of $10,500. Turbotax 1040x Your recognized loss is only $700 ($7,600 − $6,900). Turbotax 1040x You cannot deduct the loss not allowed to your brother. Turbotax 1040x Other Dispositions This section discusses rules for determining the treatment of gain or loss from various dispositions of property. Turbotax 1040x Sale of a Business The sale of a business usually is not a sale of one asset. Turbotax 1040x Instead, all the assets of the business are sold. Turbotax 1040x Generally, when this occurs, each asset is treated as being sold separately for determining the treatment of gain or loss. Turbotax 1040x A business usually has many assets. Turbotax 1040x When sold, these assets must be classified as capital assets, depreciable property used in the business, real property used in the business, or property held for sale to customers, such as inventory or stock in trade. Turbotax 1040x The gain or loss on each asset is figured separately. Turbotax 1040x The sale of capital assets results in capital gain or loss. Turbotax 1040x The sale of real property or depreciable property used in the business and held longer than 1 year results in gain or loss from a section 1231 transaction (discussed in chapter 3). Turbotax 1040x The sale of inventory results in ordinary income or loss. Turbotax 1040x Partnership interests. Turbotax 1040x   An interest in a partnership or joint venture is treated as a capital asset when sold. Turbotax 1040x The part of any gain or loss from unrealized receivables or inventory items will be treated as ordinary gain or loss. Turbotax 1040x For more information, see Disposition of Partner's Interest in Publication 541. Turbotax 1040x Corporation interests. Turbotax 1040x   Your interest in a corporation is represented by stock certificates. Turbotax 1040x When you sell these certificates, you usually realize capital gain or loss. Turbotax 1040x For information on the sale of stock, see chapter 4 in Publication 550. Turbotax 1040x Corporate liquidations. Turbotax 1040x   Corporate liquidations of property generally are treated as a sale or exchange. Turbotax 1040x Gain or loss generally is recognized by the corporation on a liquidating sale of its assets. Turbotax 1040x Gain or loss generally is recognized also on a liquidating distribution of assets as if the corporation sold the assets to the distributee at fair market value. Turbotax 1040x   In certain cases in which the distributee is a corporation in control of the distributing corporation, the distribution may not be taxable. Turbotax 1040x For more information, see section 332 of the Internal Revenue Code and the related regulations. Turbotax 1040x Allocation of consideration paid for a business. Turbotax 1040x   The sale of a trade or business for a lump sum is considered a sale of each individual asset rather than of a single asset. Turbotax 1040x Except for assets exchanged under any nontaxable exchange rules, both the buyer and seller of a business must use the residual method (explained later) to allocate the consideration to each business asset transferred. Turbotax 1040x This method determines gain or loss from the transfer of each asset and how much of the consideration is for goodwill and certain other intangible property. Turbotax 1040x It also determines the buyer's basis in the business assets. Turbotax 1040x Consideration. Turbotax 1040x   The buyer's consideration is the cost of the assets acquired. Turbotax 1040x The seller's consideration is the amount realized (money plus the fair market value of property received) from the sale of assets. Turbotax 1040x Residual method. Turbotax 1040x   The residual method must be used for any transfer of a group of assets that constitutes a trade or business and for which the buyer's basis is determined only by the amount paid for the assets. Turbotax 1040x This applies to both direct and indirect transfers, such as the sale of a business or the sale of a partnership interest in which the basis of the buyer's share of the partnership assets is adjusted for the amount paid under section 743(b) of the Internal Revenue Code. Turbotax 1040x Section 743(b) applies if a partnership has an election in effect under section 754 of the Internal Revenue Code. Turbotax 1040x   A group of assets constitutes a trade or business if either of the following applies. Turbotax 1040x Goodwill or going concern value could, under any circumstances, attach to them. Turbotax 1040x The use of the assets would constitute an active trade or business under section 355 of the Internal Revenue Code. Turbotax 1040x   The residual method provides for the consideration to be reduced first by the amount of Class I assets (defined below). Turbotax 1040x The consideration remaining after this reduction must be allocated among the various business assets in a certain order. Turbotax 1040x See Classes of assets next for the complete order. Turbotax 1040x Classes of assets. Turbotax 1040x   The following definitions are the classifications for deemed or actual asset acquisitions. Turbotax 1040x Allocate the consideration among the assets in the following order. Turbotax 1040x The amount allocated to an asset, other than a Class VII asset, cannot exceed its fair market value on the purchase date. Turbotax 1040x The amount you can allocate to an asset also is subject to any applicable limits under the Internal Revenue Code or general principles of tax law. Turbotax 1040x Class I assets are cash and general deposit accounts (including checking and savings accounts but excluding certificates of deposit). Turbotax 1040x Class II assets are certificates of deposit, U. Turbotax 1040x S. Turbotax 1040x Government securities, foreign currency, and actively traded personal property, including stock and securities. Turbotax 1040x Class III assets are accounts receivable, other debt instruments, and assets that you mark to market at least annually for federal income tax purposes. Turbotax 1040x However, see section 1. Turbotax 1040x 338-6(b)(2)(iii) of the regulations for exceptions that apply to debt instruments issued by persons related to a target corporation, contingent debt instruments, and debt instruments convertible into stock or other property. Turbotax 1040x Class IV assets are property of a kind that would properly be included in inventory if on hand at the end of the tax year or property held by the taxpayer primarily for sale to customers in the ordinary course of business. Turbotax 1040x Class V assets are all assets other than Class I, II, III, IV, VI, and VII assets. Turbotax 1040x    Note. Turbotax 1040x Furniture and fixtures, buildings, land, vehicles, and equipment, which constitute all or part of a trade or business are generally Class V assets. Turbotax 1040x Class VI assets are section 197 intangibles (other than goodwill and going concern value). Turbotax 1040x Class VII assets are goodwill and going concern value (whether the goodwill or going concern value qualifies as a section 197 intangible). Turbotax 1040x   If an asset described in one of the classifications described above can be included in more than one class, include it in the lower numbered class. Turbotax 1040x For example, if an asset is described in both Class II and Class IV, choose Class II. Turbotax 1040x Example. Turbotax 1040x The total paid in the sale of the assets of Company SKB is $21,000. Turbotax 1040x No cash or deposit accounts or similar accounts were sold. Turbotax 1040x The company's U. Turbotax 1040x S. Turbotax 1040x Government securities sold had a fair market value of $3,200. Turbotax 1040x The only other asset transferred (other than goodwill and going concern value) was inventory with a fair market value of $15,000. Turbotax 1040x Of the $21,000 paid for the assets of Company SKB, $3,200 is allocated to U. Turbotax 1040x S. Turbotax 1040x Government securities, $15,000 to inventory assets, and the remaining $2,800 to goodwill and going concern value. Turbotax 1040x Agreement. Turbotax 1040x   The buyer and seller may enter into a written agreement as to the allocation of any consideration or the fair market value of any of the assets. Turbotax 1040x This agreement is binding on both parties unless the IRS determines the amounts are not appropriate. Turbotax 1040x Reporting requirement. Turbotax 1040x   Both the buyer and seller involved in the sale of business assets must report to the IRS the allocation of the sales price among section 197 intangibles and the other business assets. Turbotax 1040x Use Form 8594, Asset Acquisition Statement Under Section 1060, to provide this information. Turbotax 1040x Generally, the buyer and seller should each attach Form 8594 to their federal income tax return for the year in which the sale occurred. Turbotax 1040x See the Instructions for Form 8594. Turbotax 1040x Dispositions of Intangible Property Intangible property is any personal property that has value but cannot be seen or touched. Turbotax 1040x It includes such items as patents, copyrights, and the goodwill value of a business. Turbotax 1040x Gain or loss on the sale or exchange of amortizable or depreciable intangible property held longer than 1 year (other than an amount recaptured as ordinary income) is a section 1231 gain or loss. Turbotax 1040x The treatment of section 1231 gain or loss and the recapture of amortization and depreciation as ordinary income are explained in chapter 3. Turbotax 1040x See chapter 8 of Publication 535, Business Expenses, for information on amortizable intangible property and chapter 1 of Publication 946, How To Depreciate Property, for information on intangible property that can and cannot be depreciated. Turbotax 1040x Gain or loss on dispositions of other intangible property is ordinary or capital depending on whether the property is a capital asset or a noncapital asset. Turbotax 1040x The following discussions explain special rules that apply to certain dispositions of intangible property. Turbotax 1040x Section 197 Intangibles Section 197 intangibles are certain intangible assets acquired after August 10, 1993 (after July 25, 1991, if chosen), and held in connection with the conduct of a trade or business or an activity entered into for profit whose costs are amortized over 15 years. Turbotax 1040x They include the following assets. Turbotax 1040x Goodwill. Turbotax 1040x Going concern value. Turbotax 1040x Workforce in place. Turbotax 1040x Business books and records, operating systems, and other information bases. Turbotax 1040x Patents, copyrights, formulas, processes, designs, patterns, know how, formats, and similar items. Turbotax 1040x Customer-based intangibles. Turbotax 1040x Supplier-based intangibles. Turbotax 1040x Licenses, permits, and other rights granted by a governmental unit. Turbotax 1040x Covenants not to compete entered into in connection with the acquisition of a business. Turbotax 1040x Franchises, trademarks, and trade names. Turbotax 1040x See chapter 8 of Publication 535 for a description of each intangible. Turbotax 1040x Dispositions. Turbotax 1040x   You cannot deduct a loss from the disposition or worthlessness of a section 197 intangible you acquired in the same transaction (or series of related transactions) as another section 197 intangible you still hold. Turbotax 1040x Instead, you must increase the adjusted basis of your retained section 197 intangible by the nondeductible loss. Turbotax 1040x If you retain more than one section 197 intangible, increase each intangible's adjusted basis. Turbotax 1040x Figure the increase by multiplying the nondeductible loss by a fraction, the numerator (top number) of which is the retained intangible's adjusted basis on the date of the loss and the denominator (bottom number) of which is the total adjusted basis of all retained intangibles on the date of the loss. Turbotax 1040x   In applying this rule, members of the same controlled group of corporations and commonly controlled businesses are treated as a single entity. Turbotax 1040x For example, a corporation cannot deduct a loss on the sale of a section 197 intangible if, after the sale, a member of the same controlled group retains other section 197 intangibles acquired in the same transaction as the intangible sold. Turbotax 1040x Covenant not to compete. Turbotax 1040x   A covenant not to compete (or similar arrangement) that is a section 197 intangible cannot be treated as disposed of or worthless before you have disposed of your entire interest in the trade or business for which the covenant was entered into. Turbotax 1040x Members of the same controlled group of corporations and commonly controlled businesses are treated as a single entity in determining whether a member has disposed of its entire interest in a trade or business. Turbotax 1040x Anti-churning rules. Turbotax 1040x   Anti-churning rules prevent a taxpayer from converting section 197 intangibles that do not qualify for amortization into property that would qualify for amortization. Turbotax 1040x However, these rules do not apply to part of the basis of property acquired by certain related persons if the transferor elects to do both the following. Turbotax 1040x Recognize gain on the transfer of the property. Turbotax 1040x Pay income tax on the gain at the highest tax rate. Turbotax 1040x   If the transferor is a partnership or S corporation, the partnership or S corporation (not the partners or shareholders) can make the election. Turbotax 1040x But each partner or shareholder must pay the tax on his or her share of gain. Turbotax 1040x   To make the election, you, as the transferor, must attach a statement containing certain information to your income tax return for the year of the transfer. Turbotax 1040x You must file the tax return by the due date (including extensions). Turbotax 1040x You must also notify the transferee of the election in writing by the due date of the return. Turbotax 1040x   If you timely filed your return without making the election, you can make the election by filing an amended return within 6 months after the due date of the return (excluding extensions). Turbotax 1040x Attach the statement to the amended return and write “Filed pursuant to section 301. Turbotax 1040x 9100-2” at the top of the statement. Turbotax 1040x File the amended return at the same address the original return was filed. Turbotax 1040x For more information about making the election, see Regulations section 1. Turbotax 1040x 197-2(h)(9). Turbotax 1040x For information about reporting the tax on your income tax return, see the Instructions for Form 4797. Turbotax 1040x Patents The transfer of a patent by an individual is treated as a sale or exchange of a capital asset held longer than 1 year. Turbotax 1040x This applies even if the payments for the patent are made periodically during the transferee's use or are contingent on the productivity, use, or disposition of the patent. Turbotax 1040x For information on the treatment of gain or loss on the transfer of capital assets, see chapter 4. Turbotax 1040x This treatment applies to your transfer of a patent if you meet all the following conditions. Turbotax 1040x You are the holder of the patent. Turbotax 1040x You transfer the patent other than by gift, inheritance, or devise. Turbotax 1040x You transfer all substantial rights to the patent or an undivided interest in all such rights. Turbotax 1040x You do not transfer the patent to a related person. Turbotax 1040x Holder. Turbotax 1040x   You are the holder of a patent if you are either of the following. Turbotax 1040x The individual whose effort created the patent property and who qualifies as the original and first inventor. Turbotax 1040x The individual who bought an interest in the patent from the inventor before the invention was tested and operated successfully under operating conditions and who is neither related to, nor the employer of, the inventor. Turbotax 1040x All substantial rights. Turbotax 1040x   All substantial rights to patent property are all rights that have value when they are transferred. Turbotax 1040x A security interest (such as a lien), or a reservation calling for forfeiture for nonperformance, is not treated as a substantial right for these rules and may be kept by you as the holder of the patent. Turbotax 1040x   All substantial rights to a patent are not transferred if any of the following apply to the transfer. Turbotax 1040x The rights are limited geographically within a country. Turbotax 1040x The rights are limited to a period less than the remaining life of the patent. Turbotax 1040x The rights are limited to fields of use within trades or industries and are less than all the rights that exist and have value at the time of the transfer. Turbotax 1040x The rights are less than all the claims or inventions covered by the patent that exist and have value at the time of the transfer. Turbotax 1040x Related persons. Turbotax 1040x   This tax treatment does not apply if the transfer is directly or indirectly between you and a related person as defined earlier in the list under Nondeductible Loss, with the following changes. Turbotax 1040x Members of your family include your spouse, ancestors, and lineal descendants, but not your brothers, sisters, half-brothers, or half-sisters. Turbotax 1040x Substitute “25% or more” ownership for “more than 50%. Turbotax 1040x ”   If you fit within the definition of a related person independent of family status, the brother-sister exception in (1), earlier, does not apply. Turbotax 1040x For example, a transfer between a brother and a sister as beneficiary and fiduciary of the same trust is a transfer between related persons. Turbotax 1040x The brother-sister exception does not apply because the trust relationship is independent of family status. Turbotax 1040x Franchise, Trademark, or Trade Name If you transfer or renew a franchise, trademark, or trade name for a price contingent on its productivity, use, or disposition, the amount you receive generally is treated as an amount realized from the sale of a noncapital asset. Turbotax 1040x A franchise includes an agreement that gives one of the parties the right to distribute, sell, or provide goods, services, or facilities within a specified area. Turbotax 1040x Significant power, right, or continuing interest. Turbotax 1040x   If you keep any significant power, right, or continuing interest in the subject matter of a franchise, trademark, or trade name that you transfer or renew, the amount you receive is ordinary royalty income rather than an amount realized from a sale or exchange. Turbotax 1040x   A significant power, right, or continuing interest in a franchise, trademark, or trade name includes, but is not limited to, the following rights in the transferred interest. Turbotax 1040x A right to disapprove any assignment of the interest, or any part of it. Turbotax 1040x A right to end the agreement at will. Turbotax 1040x A right to set standards of quality for products used or sold, or for services provided, and for the equipment and facilities used to promote such products or services. Turbotax 1040x A right to make the recipient sell or advertise only your products or services. Turbotax 1040x A right to make the recipient buy most supplies and equipment from you. Turbotax 1040x A right to receive payments based on the productivity, use, or disposition of the transferred item of interest if those payments are a substantial part of the transfer agreement. Turbotax 1040x Subdivision of Land If you own a tract of land and, to sell or exchange it, you subdivide it into individual lots or parcels, the gain normally is ordinary income. Turbotax 1040x However, you may receive capital gain treatment on at least part of the proceeds provided you meet certain requirements. Turbotax 1040x See section 1237 of the Internal Revenue Code. Turbotax 1040x Timber Standing timber held as investment property is a capital asset. Turbotax 1040x Gain or loss from its sale is reported as a capital gain or loss on Form 8949, and Schedule D (Form 1040), as applicable. Turbotax 1040x If you held the timber primarily for sale to customers, it is not a capital asset. Turbotax 1040x Gain or loss on its sale is ordinary business income or loss. Turbotax 1040x It is reported in the gross receipts or sales and cost of goods sold items of your return. Turbotax 1040x Farmers who cut timber on their land and sell it as logs, firewood, or pulpwood usually have no cost or other basis for that timber. Turbotax 1040x These sales constitute a very minor part of their farm businesses. Turbotax 1040x In these cases, amounts realized from such sales, and the expenses of cutting, hauling, etc. Turbotax 1040x , are ordinary farm income and expenses reported on Schedule F (Form 1040), Profit or Loss From Farming. Turbotax 1040x Different rules apply if you owned the timber longer than 1 year and elect to either: Treat timber cutting as a sale or exchange, or Enter into a cutting contract. Turbotax 1040x Timber is considered cut on the date when, in the ordinary course of business, the quantity of felled timber is first definitely determined. Turbotax 1040x This is true whether the timber is cut under contract or whether you cut it yourself. Turbotax 1040x Under the rules discussed below, disposition of the timber is treated as a section 1231 transaction. Turbotax 1040x See chapter 3. Turbotax 1040x Gain or loss is reported on Form 4797. Turbotax 1040x Christmas trees. Turbotax 1040x   Evergreen trees, such as Christmas trees, that are more than 6 years old when severed from their roots and sold for ornamental purposes are included in the term timber. Turbotax 1040x They qualify for both rules discussed below. Turbotax 1040x Election to treat cutting as a sale or exchange. Turbotax 1040x   Under the general rule, the cutting of timber results in no gain or loss. Turbotax 1040x It is not until a sale or exchange occurs that gain or loss is realized. Turbotax 1040x But if you owned or had a contractual right to cut timber, you can elect to treat the cutting of timber as a section 1231 transaction in the year the timber is cut. Turbotax 1040x Even though the cut timber is not actually sold or exchanged, you report your gain or loss on the cutting for the year the timber is cut. Turbotax 1040x Any later sale results in ordinary business income or loss. Turbotax 1040x See Example, later. Turbotax 1040x   To elect this treatment, you must: Own or hold a contractual right to cut the timber for a period of more than 1 year before it is cut, and Cut the timber for sale or for use in your trade or business. Turbotax 1040x Making the election. Turbotax 1040x   You make the election on your return for the year the cutting takes place by including in income the gain or loss on the cutting and including a computation of the gain or loss. Turbotax 1040x You do not have to make the election in the first year you cut timber. Turbotax 1040x You can make it in any year to which the election would apply. Turbotax 1040x If the timber is partnership property, the election is made on the partnership return. Turbotax 1040x This election cannot be made on an amended return. Turbotax 1040x   Once you have made the election, it remains in effect for all later years unless you cancel it. Turbotax 1040x   If you previously elected to treat the cutting of timber as a sale or exchange, you may revoke this election without the consent of the IRS. Turbotax 1040x The prior election (and revocation) is disregarded for purposes of making a subsequent election. Turbotax 1040x See Form T (Timber), Forest Activities Schedule, for more information. Turbotax 1040x Gain or loss. Turbotax 1040x   Your gain or loss on the cutting of standing timber is the difference between its adjusted basis for depletion and its fair market value on the first day of your tax year in which it is cut. Turbotax 1040x   Your adjusted basis for depletion of cut timber is based on the number of units (feet board measure, log scale, or other units) of timber cut during the tax year and considered to be sold or exchanged. Turbotax 1040x Your adjusted basis for depletion is also based on the depletion unit of timber in the account used for the cut timber, and should be figured in the same manner as shown in section 611 of the Internal Revenue Code and the related regulations. Turbotax 1040x   Timber depletion is discussed in chapter 9 of Publication 535. Turbotax 1040x Example. Turbotax 1040x In April 2013, you had owned 4,000 MBF (1,000 board feet) of standing timber longer than 1 year. Turbotax 1040x It had an adjusted basis for depletion of $40 per MBF. Turbotax 1040x You are a calendar year taxpayer. Turbotax 1040x On January 1, 2013, the timber had a fair market value (FMV) of $350 per MBF. Turbotax 1040x It was cut in April for sale. Turbotax 1040x On your 2013 tax return, you elect to treat the cutting of the timber as a sale or exchange. Turbotax 1040x You report the difference between the fair market value and your adjusted basis for depletion as a gain. Turbotax 1040x This amount is reported on Form 4797 along with your other section 1231 gains and losses to figure whether it is treated as capital gain or as ordinary gain. Turbotax 1040x You figure your gain as follows. Turbotax 1040x FMV of timber January 1, 2013 $1,400,000 Minus: Adjusted basis for depletion 160,000 Section 1231 gain $1,240,000 The fair market value becomes your basis in the cut timber and a later sale of the cut timber including any by-product or tree tops will result in ordinary business income or loss. Turbotax 1040x Outright sales of timber. Turbotax 1040x   Outright sales of timber by landowners qualify for capital gains treatment using rules similar to the rules for certain disposal of timber under a contract with retained economic interest (defined below). Turbotax 1040x However, for outright sales, the date of disposal is not deemed to be the date the timber is cut because the landowner can elect to treat the payment date as the date of disposal (see below). Turbotax 1040x Cutting contract. Turbotax 1040x   You must treat the disposal of standing timber under a cutting contract as a section 1231 transaction if all the following apply to you. Turbotax 1040x You are the owner of the timber. Turbotax 1040x You held the timber longer than 1 year before its disposal. Turbotax 1040x You kept an economic interest in the timber. Turbotax 1040x   You have kept an economic interest in standing timber if, under the cutting contract, the expected return on your investment is conditioned on the cutting of the timber. Turbotax 1040x   The difference between the amount realized from the disposal of the timber and its adjusted basis for depletion is treated as gain or loss on its sale. Turbotax 1040x Include this amount on Form 4797 along with your other section 1231 gains or losses to figure whether it is treated as capital or ordinary gain or loss. Turbotax 1040x Date of disposal. Turbotax 1040x   The date of disposal is the date the timber is cut. Turbotax 1040x However, for outright sales by landowners or if you receive payment under the contract before the timber is cut, you can elect to treat the date of payment as the date of disposal. Turbotax 1040x   This election applies only to figure the holding period of the timber. Turbotax 1040x It has no effect on the time for reporting gain or loss (generally when the timber is sold or exchanged). Turbotax 1040x   To make this election, attach a statement to the tax return filed by the due date (including extensions) for the year payment is received. Turbotax 1040x The statement must identify the advance payments subject to the election and the contract under which they were made. Turbotax 1040x   If you timely filed your return for the year you received payment without making the election, you still can make the election by filing an amended return within 6 months after the due date for that year's return (excluding extensions). Turbotax 1040x Attach the statement to the amended return and write “Filed pursuant to section 301. Turbotax 1040x 9100-2” at the top of the statement. Turbotax 1040x File the amended return at the same address the original return was filed. Turbotax 1040x Owner. Turbotax 1040x   The owner of timber is any person who owns an interest in it, including a sublessor and the holder of a contract to cut the timber. Turbotax 1040x You own an interest in timber if you have the right to cut it for sale on your own account or for use in your business. Turbotax 1040x Tree stumps. Turbotax 1040x   Tree stumps are a capital asset if they are on land held by an investor who is not in the timber or stump business as a buyer, seller, or processor. Turbotax 1040x Gain from the sale of stumps sold in one lot by such a holder is taxed as a capital gain. Turbotax 1040x However, tree stumps held by timber operators after the saleable standing timber was cut and removed from the land are considered by-products. Turbotax 1040x Gain from the sale of stumps in lots or tonnage by such operators is taxed as ordinary income. Turbotax 1040x   See Form T (Timber) and its separate instructions for more information about dispositions of timber. Turbotax 1040x Precious Metals and Stones, Stamps, and Coins Gold, silver, gems, stamps, coins, etc. Turbotax 1040x , are capital assets except when they are held for sale by a dealer. Turbotax 1040x Any gain or loss from their sale or exchange generally is a capital gain or loss. Turbotax 1040x If you are a dealer, the amount received from the sale is ordinary business income. Turbotax 1040x Coal and Iron Ore You must treat the disposal of coal (including lignite) or iron ore mined in the United States as a section 1231 transaction if both the following apply to you. Turbotax 1040x You owned the coal or iron ore longer than 1 year before its disposal. Turbotax 1040x You kept an economic interest in the coal or iron ore. Turbotax 1040x For this rule, the date the coal or iron ore is mined is considered the date of its disposal. Turbotax 1040x Your gain or loss is the difference between the amount realized from disposal of the coal or iron ore and the adjusted basis you use to figure cost depletion (increased by certain expenses not allowed as deductions for the tax year). Turbotax 1040x This amount is included on Form 4797 along with your other section 1231 gains and losses. Turbotax 1040x You are considered an owner if you own or sublet an economic interest in the coal or iron ore in place. Turbotax 1040x If you own only an option to buy the coal in place, you do not qualify as an owner. Turbotax 1040x In addition, this gain or loss treatment does not apply to income realized by an owner who is a co-adventurer, partner, or principal in the mining of coal or iron ore. Turbotax 1040x The expenses of making and administering the contract under which the coal or iron ore was disposed of and the expenses of preserving the economic interest kept under the contract are not allowed as deductions in figuring taxable income. Turbotax 1040x Rather, their total, along with the adjusted depletion basis, is deducted from the amount received to determine gain. Turbotax 1040x If the total of these expenses plus the adjusted depletion basis is more than the amount received, the result is a loss. Turbotax 1040x Special rule. Turbotax 1040x   The above treatment does not apply if you directly or indirectly dispose of the iron ore or coal to any of the following persons. Turbotax 1040x A related person whose relationship to you would result in the disallowance of a loss (see Nondeductible Loss under Sales and Exchanges Between Related Persons, earlier). Turbotax 1040x An individual, trust, estate, partnership, association, company, or corporation owned or controlled directly or indirectly by the same interests that own or control your business. Turbotax 1040x Conversion Transactions Recognized gain on the disposition or termination of any position held as part of certain conversion transactions is treated as ordinary income. Turbotax 1040x This applies if substantially all your expected return is attributable to the time value of your net investment (like interest on a loan) and the transaction is any of the following. Turbotax 1040x An applicable straddle (generally, any set of offsetting positions with respect to personal property, including stock). Turbotax 1040x A transaction in which you acquire property and, at or about the same time, you contract to sell the same or substantially identical property at a specified price. Turbotax 1040x Any other transaction that is marketed and sold as producing capital gain from a transaction in which substantially all of your expected return is due to the time value of your net investment. Turbotax 1040x For more information, see chapter 4 of Publication 550. Turbotax 1040x Prev  Up  Next   Home   More Online Publications
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Help for Victims of Ponzi Investment Schemes

 

The IRS provides two items of guidance to help taxpayers who are victims of losses from Ponzi-type investment schemes.

  • Revenue Ruling 2009-9 provides guidance on determining the amount and timing of losses from these schemes, which is difficult and dependent on the prospect of recovering the lost money (which may not become known for several years).

  • Revenue Procedure 2009-20 simplifies compliance for taxpayers by providing a safe-harbor means of determining the year in which the loss is deemed to occur and a simplified means of computing the amount of the loss.  

For an overview of this guidance, see IRS Commissioner Doug Shulman's March 17, 2009, testimony before the Senate Finance Committee on tax issues related to Ponzi schemes.

Questions and Answers

  • FAQs Related to Ponzi Scenarios for Clawback Treatment

  • Do you have questions on what to do if you've invested in a Ponzi scheme? If so, these questions and answers may help.

  • Do you have questions on what to do if you took a tax loss due to a Ponzi scheme investment but later recovered some of your investment? If so, these questions and answers on the tax treatment of distributions received from a trustee/receiver may help. A trustee or receiver may use this information to respond to questions from investors and may include a copy of these questions and answers with any distributions sent to investors.
Page Last Reviewed or Updated: 14-Mar-2014

The Turbotax 1040x

Turbotax 1040x 12. Turbotax 1040x   How To Get Tax Help Table of Contents Low Income Taxpayer Clinics Whether it's help with a tax issue, preparing your tax return or a need for a free publication or form, get the help you need the way you want it: online, use a smart phone, call or walk in to an IRS office or volunteer site near you. Turbotax 1040x Free help with your tax return. Turbotax 1040x   You can get free help preparing your return nationwide from IRS-certified volunteers. Turbotax 1040x The Volunteer Income Tax Assistance (VITA) program helps low-to-moderate income, elderly, people with disabilities, and limited English proficient taxpayers. Turbotax 1040x The Tax Counseling for the Elderly (TCE) program helps taxpayers age 60 and older with their tax returns. Turbotax 1040x Most VITA and TCE sites offer free electronic filing and all volunteers will let you know about credits and deductions you may be entitled to claim. Turbotax 1040x In addition, some VITA and TCE sites provide taxpayers the opportunity to prepare their own return with help from an IRS-certified volunteer. Turbotax 1040x To find the nearest VITA or TCE site, you can use the VITA Locator Tool on IRS. Turbotax 1040x gov, download the IRS2Go app, or call 1-800-906-9887. Turbotax 1040x   As part of the TCE program, AARP offers the Tax-Aide counseling program. Turbotax 1040x To find the nearest AARP Tax-Aide site, visit AARP's website at www. Turbotax 1040x aarp. Turbotax 1040x org/money/taxaide or call 1-888-227-7669. Turbotax 1040x For more information on these programs, go to IRS. Turbotax 1040x gov and enter “VITA” in the search box. Turbotax 1040x Internet. Turbotax 1040x    IRS. Turbotax 1040x gov and IRS2Go are ready when you are —24 hours a day, 7 days a week. Turbotax 1040x Download the free IRS2Go app from the iTunes app store or from Google Play. Turbotax 1040x Use it to check your refund status, order transcripts of your tax returns or tax account, watch the IRS YouTube channel, get IRS news as soon as it's released to the public, subscribe to filing season updates or daily tax tips, and follow the IRS Twitter news feed, @IRSnews, to get the latest federal tax news, including information about tax law changes and important IRS programs. Turbotax 1040x Check the status of your 2013 refund with the Where's My Refund? application on IRS. Turbotax 1040x gov or download the IRS2Go app and select the Refund Status option. Turbotax 1040x The IRS issues more than 9 out of 10 refunds in less than 21 days. Turbotax 1040x Using these applications, you can start checking on the status of your return within 24 hours after we receive your e-filed return or 4 weeks after you mail a paper return. Turbotax 1040x You will also be given a personalized refund date as soon as the IRS processes your tax return and approves your refund. Turbotax 1040x The IRS updates Where's My Refund? every 24 hours, usually overnight, so you only need to check once a day. Turbotax 1040x Use the Interactive Tax Assistant (ITA) to research your tax questions. Turbotax 1040x No need to wait on the phone or stand in line. Turbotax 1040x The ITA is available 24 hours a day, 7 days a week, and provides you with a variety of tax information related to general filing topics, deductions, credits, and income. Turbotax 1040x When you reach the response screen, you can print the entire interview and the final response for your records. Turbotax 1040x New subject areas are added on a regular basis. Turbotax 1040x  Answers not provided through ITA may be found in Tax Trails, one of the Tax Topics on IRS. Turbotax 1040x gov which contain general individual and business tax information or by searching the IRS Tax Map, which includes an international subject index. Turbotax 1040x You can use the IRS Tax Map, to search publications and instructions by topic or keyword. Turbotax 1040x The IRS Tax Map integrates forms and publications into one research tool and provides single-point access to tax law information by subject. Turbotax 1040x When the user searches the IRS Tax Map, they will be provided with links to related content in existing IRS publications, forms and instructions, questions and answers, and Tax Topics. Turbotax 1040x Coming this filing season, you can immediately view and print for free all 5 types of individual federal tax transcripts (tax returns, tax account, record of account, wage and income statement, and certification of non-filing) using Get Transcript. Turbotax 1040x You can also ask the IRS to mail a return or an account transcript to you. Turbotax 1040x Only the mail option is available by choosing the Tax Records option on the IRS2Go app by selecting Mail Transcript on IRS. Turbotax 1040x gov or by calling 1-800-908-9946. Turbotax 1040x Tax return and tax account transcripts are generally available for the current year and the past three years. Turbotax 1040x Determine if you are eligible for the EITC and estimate the amount of the credit with the Earned Income Tax Credit (EITC) Assistant. Turbotax 1040x Visit Understanding Your IRS Notice or Letter to get answers to questions about a notice or letter you received from the IRS. Turbotax 1040x If you received the First Time Homebuyer Credit, you can use the First Time Homebuyer Credit Account Look-up tool for information on your repayments and account balance. Turbotax 1040x Check the status of your amended return using Where's My Amended Return? Go to IRS. Turbotax 1040x gov and enter Where's My Amended Return? in the search box. Turbotax 1040x You can generally expect your amended return to be processed up to 12 weeks from the date we receive it. Turbotax 1040x It can take up to 3 weeks from the date you mailed it to show up in our system. Turbotax 1040x Make a payment using one of several safe and convenient electronic payment options available on IRS. Turbotax 1040x gov. Turbotax 1040x Select the Payment tab on the front page of IRS. Turbotax 1040x gov for more information. Turbotax 1040x Determine if you are eligible and apply for an online payment agreement, if you owe more tax than you can pay today. Turbotax 1040x Figure your income tax withholding with the IRS Withholding Calculator on IRS. Turbotax 1040x gov. Turbotax 1040x Use it if you've had too much or too little withheld, your personal situation has changed, you're starting a new job or you just want to see if you're having the right amount withheld. Turbotax 1040x Determine if you might be subject to the Alternative Minimum Tax by using the Alternative Minimum Tax Assistant on IRS. Turbotax 1040x gov. Turbotax 1040x Request an Electronic Filing PIN by going to IRS. Turbotax 1040x gov and entering Electronic Filing PIN in the search box. Turbotax 1040x Download forms, instructions and publications, including accessible versions for people with disabilities. Turbotax 1040x Locate the nearest Taxpayer Assistance Center (TAC) using the Office Locator tool on IRS. Turbotax 1040x gov, or choose the Contact Us option on the IRS2Go app and search Local Offices. Turbotax 1040x An employee can answer questions about your tax account or help you set up a payment plan. Turbotax 1040x Before you visit, check the Office Locator on IRS. Turbotax 1040x gov, or Local Offices under Contact Us on IRS2Go to confirm the address, phone number, days and hours of operation, and the services provided. Turbotax 1040x If you have a special need, such as a disability, you can request an appointment. Turbotax 1040x Call the local number listed in the Office Locator, or look in the phone book under United States Government, Internal Revenue Service. Turbotax 1040x Apply for an Employer Identification Number (EIN). Turbotax 1040x Go to IRS. Turbotax 1040x gov and enter Apply for an EIN in the search box. Turbotax 1040x Read the Internal Revenue Code, regulations, or other official guidance. Turbotax 1040x Read Internal Revenue Bulletins. Turbotax 1040x Sign up to receive local and national tax news and more by email. Turbotax 1040x Just click on “subscriptions” above the search box on IRS. Turbotax 1040x gov and choose from a variety of options. Turbotax 1040x Phone. Turbotax 1040x    You can call the IRS, or you can carry it in your pocket with the IRS2Go app on your smart phone or tablet. Turbotax 1040x Download the free IRS2Go app from the iTunes app store or from Google Play. Turbotax 1040x Call to locate the nearest volunteer help site, 1-800-906-9887 or you can use the VITA Locator Tool on IRS. Turbotax 1040x gov, or download the IRS2Go app. Turbotax 1040x Low-to-moderate income, elderly, people with disabilities, and limited English proficient taxpayers can get free help with their tax return from the nationwide Volunteer Income Tax Assistance (VITA) program. Turbotax 1040x The Tax Counseling for the Elderly (TCE) program helps taxpayers age 60 and older with their tax returns. Turbotax 1040x Most VITA and TCE sites offer free electronic filing. Turbotax 1040x Some VITA and TCE sites provide IRS-certified volunteers who can help prepare your tax return. Turbotax 1040x Through the TCE program, AARP offers the Tax-Aide counseling program; call 1-888-227-7669 to find the nearest Tax-Aide location. Turbotax 1040x Call the automated Where's My Refund? information hotline to check the status of your 2013 refund 24 hours a day, 7 days a week at 1-800-829-1954. Turbotax 1040x If you e-file, you can start checking on the status of your return within 24 hours after the IRS receives your tax return or 4 weeks after you've mailed a paper return. Turbotax 1040x The IRS issues more than 9 out of 10 refunds in less than 21 days. Turbotax 1040x Where's My Refund? will give you a personalized refund date as soon as the IRS processes your tax return and approves your refund. Turbotax 1040x Before you call this automated hotline, have your 2013 tax return handy so you can enter your social security number, your filing status, and the exact whole dollar amount of your refund. Turbotax 1040x The IRS updates Where's My Refund? every 24 hours, usually overnight, so you only need to check once a day. Turbotax 1040x Note, the above information is for our automated hotline. Turbotax 1040x Our live phone and walk-in assistors can research the status of your refund only if it's been 21 days or more since you filed electronically or more than 6 weeks since you mailed your paper return. Turbotax 1040x Call the Amended Return Hotline, 1-866-464-2050, to check the status of your amended return. Turbotax 1040x You can generally expect your amended return to be processed up to 12 weeks from the date we receive it. Turbotax 1040x It can take up to 3 weeks from the date you mailed it to show up in our system. Turbotax 1040x Call 1-800-TAX-FORM (1-800-829-3676) to order current-year forms, instructions, publications, and prior-year forms and instructions (limited to 5 years). Turbotax 1040x You should receive your order within 10 business days. Turbotax 1040x Call TeleTax, 1-800-829-4477, to listen to pre-recorded messages covering general and business tax information. Turbotax 1040x If, between January and April 15, you still have questions about the Form 1040, 1040A, or 1040EZ (like filing requirements, dependents, credits, Schedule D, pensions and IRAs or self-employment taxes), call 1-800-829-1040. Turbotax 1040x Call using TTY/TDD equipment, 1-800-829-4059 to ask tax questions or order forms and publications. Turbotax 1040x The TTY/TDD telephone number is for people who are deaf, hard of hearing, or have a speech disability. Turbotax 1040x These individuals can also contact the IRS through relay services such as the Federal Relay Service. Turbotax 1040x Walk-in. Turbotax 1040x   You can find a selection of forms, publications and services — in-person. Turbotax 1040x Products. Turbotax 1040x You can walk in to some post offices, libraries, and IRS offices to pick up certain forms, instructions, and publications. Turbotax 1040x Some IRS offices, libraries, and city and county government offices have a collection of products available to photocopy from reproducible proofs. Turbotax 1040x Services. Turbotax 1040x You can walk in to your local TAC for face-to-face tax help. Turbotax 1040x An employee can answer questions about your tax account or help you set up a payment plan. Turbotax 1040x Before visiting, use the Office Locator tool on IRS. Turbotax 1040x gov, or choose the Contact Us option on the IRS2Go app and search Local Offices for days and hours of operation, and services provided. Turbotax 1040x   Please contact the office for times when assistance will be available. Turbotax 1040x Mail. Turbotax 1040x   You can send your order for forms, instructions, and publications to the address below. Turbotax 1040x You should receive a response within 10 business days after your request is received. Turbotax 1040x Internal Revenue Service 1201 N. Turbotax 1040x Mitsubishi Motorway Bloomington, IL 61705-6613   Taxpayer Advocate Service. Turbotax 1040x   The Taxpayer Advocate Service Is here to help you. Turbotax 1040x The Taxpayer Advocate Service (TAS) is your voice at the IRS. Turbotax 1040x Our job is to ensure that every taxpayer is treated fairly and that you know and understand your rights. Turbotax 1040x   What can TAS do for you? We can offer you free help with IRS problems that you can't resolve on your own. Turbotax 1040x We know this process can be confusing, but the worst thing you can do is nothing at all! TAS can help if you can't resolve your tax problem and: Your problem is causing financial difficulties for you, your family, or your business. Turbotax 1040x You face (or your business is facing) an immediate threat of adverse action. Turbotax 1040x You've tried repeatedly to contact the IRS but no one has responded, or the IRS hasn't responded by the date promised. Turbotax 1040x   If you qualify for our help, you'll be assigned to one advocate who'll be with you at every turn and will do everything possible to resolve your problem. Turbotax 1040x Here's why we can help: TAS is an independent organization within the IRS. Turbotax 1040x Our advocates know how to work with the IRS. Turbotax 1040x Our services are free and tailored to meet your needs. Turbotax 1040x We have offices in every state, the District of Columbia, and Puerto Rico. Turbotax 1040x   How can you reach us? If you think TAS can help you, call your local advocate, whose number is in your local directory and at Taxpayer Advocate, or call us toll-free at 1-877-777-4778. Turbotax 1040x  TAS also works to resolve large-scale, systemic problems that affect many taxpayers. Turbotax 1040x If you know of one of these broad issues, please report it to us through our Systemic Advocacy Management System. Turbotax 1040x Low Income Taxpayer Clinics Low Income Taxpayer Clinics (LITCs) serve individuals whose income is below a certain level and need to resolve tax problems such as audits, appeals and tax collection disputes. Turbotax 1040x Some clinics can provide information about taxpayer rights and responsibilities in different languages for individuals who speak English as a second language. Turbotax 1040x Visit Taxpayer Advocate or see IRS Publication 4134, Low Income Taxpayer Clinic List. Turbotax 1040x Prev  Up  Next   Home   More Online Publications