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1040 nr ez Index A Accounting method: Accrual method, Accounting Method Cash method, Accounting Method Assistance (see Tax help) B Business: Expenses, Business Expenses Start-up costs, Business Start-Up Costs Use of car, Car and Truck Expenses Use of home, Business Use of Your Home C Car and truck expenses, Car and Truck Expenses Corporation, Corporations. 1040 nr ez D Depositing taxes, Depositing Taxes Depreciation, Depreciation E Employer identification number (EIN), Employer Identification Number (EIN) Employment taxes: Defined, Employment Taxes Records to keep, Employment taxes. 1040 nr ez Estimated tax, Estimated tax. 1040 nr ez Excise taxes, Excise Taxes F Form: 1099-MISC, Form 1099-MISC. 1040 nr ez 11-C, Form 11-C. 1040 nr ez 1128, Changing your tax year. 1040 nr ez 2290, Form 2290. 1040 nr ez 720, Form 720. 1040 nr ez 730, Form 730. 1040 nr ez 8300, Form 8300. 1040 nr ez 8829, Which form do I file? I-9, Form I-9. 1040 nr ez SS-4, Applying for an EIN. 1040 nr ez W-2, Form W-2 Wage Reporting, Form W-2. 1040 nr ez W-4, Form W-4. 1040 nr ez W-9, Other payee. 1040 nr ez FUTA tax, Federal Unemployment (FUTA) Tax H Help (see Tax help) Help from Small Business Administration, Small Business Administration I Identification numbers, Identification Numbers Income tax, Income Tax, Federal Income, Social Security, and Medicare Taxes Information returns, Information Returns Inventories, Accounting Method L Limited liability company, Limited liability company. 1040 nr ez M Medicare tax, Federal Income, Social Security, and Medicare Taxes More Information (see Tax help) More information (see Tax help) O Office in home, Business Use of Your Home P Partnership, Partnerships. 1040 nr ez Penalties, Penalties Publications (see Tax help) R Recordkeeping, Recordkeeping Records, how long to keep, How Long To Keep Records S S corporation, S corporations. 1040 nr ez Self-employment tax, Self-Employment Tax Small Business Administration, Small Business Administration Social security tax, Federal Income, Social Security, and Medicare Taxes Sole proprietorship, Sole proprietorships. 1040 nr ez Start-up costs, Business Start-Up Costs T Tax help, How to Get More Information Tax year, Tax Year Taxes: Employment, Employment Taxes Estimated, Estimated tax. 1040 nr ez Excise, Excise Taxes How to deposit, Depositing Taxes Income, Income Tax Self-employment, Self-Employment Tax Unemployment (FUTA), Federal Unemployment (FUTA) Tax Taxpayer Advocate, Taxpayer Advocate Service. 1040 nr ez TTY/TDD information, How to Get More Information U Unemployment (FUTA) tax, Federal Unemployment (FUTA) Tax Prev Up Home More Online Publications
Why is CI Involved in Identity Theft?
IRS Criminal Investigation (CI) detects and investigates tax fraud and other financial fraud, including fraud related to identity theft. Identity theft is most likely to occur in our Questionable Refund Program (QRP) area where individual identities are stolen with the intent to file false returns claiming tax refunds. Additional areas involving identity theft include employment tax cases, abusive return preparer schemes, and narcotics and money laundering investigations.
CI has four Scheme Development Centers (SDCs) across the country whose primary mission is detecting refund fraud. These SDCs have uncovered numerous identity theft related schemes. These schemes are forwarded to one of CI’s 26 field offices for criminal investigation and/or to our civil counterparts to resolve victim accounts. After CI completes the initial evidence gathering of our investigations, we recommend prosecution of refund fraud, to include identity theft, when appropriate, to United States Attorney’s Offices nationwide. Specifically, we recommend Title 18 U.S.C. §1028, which is commonly referred to as the Identity Fraud Statute, when the evidence supports it. Per IRS policy (Internal Revenue Manual section 22.214.171.124.11.1), the identity fraud statute is not intended to be a stand-alone violation, but rather used as a companion charge when it enhances the overall substantive tax, money laundering, and/or conspiracy charges. As a result, CI generally pairs Title 18 U.S.C. §1028 with other substantive tax or tax-related charges.
In addition to detecting and investigating identity theft-related refund fraud, Criminal Investigation participates in the Department of Justice’s Identity Theft Interagency Working Group. Our field offices also participate with other federal, state and local law enforcement agencies on joint investigative efforts involving identity theft.
Statistical Data - Identity Theft Schemes
Enforcement statistics on investigations initiated, prosecutions recommended, indictments, sentenced investigations, and months to serve in prison.
Examples of Identity Theft Schemes
Examples have been written from public record documents filed in the district courts where the case was prosecuted.
Enforcement Actions Taken on Identity Theft Investigations - During the month of January 2013, Criminal Investigation took a number of enforcement actions against individuals involved in Identity Theft crimes
Identity Theft - Be alert to possible identity theft issues.
Criminal Enforcement Home Page
Page Last Reviewed or Updated: 30-Oct-2013
The 1040 Nr Ez
1040 nr ez 3. 1040 nr ez Reporting Rental Income, Expenses, and Losses Table of Contents Which Forms To UseSchedule E (Form 1040) Schedule C (Form 1040), Profit or Loss From Business Qualified Joint Venture Limits on Rental LossesAt-Risk Rules Passive Activity Limits Casualties and Thefts Example Figuring the net income or loss for a residential rental activity may involve more than just listing the income and deductions on Schedule E (Form 1040). 1040 nr ez There are activities which do not qualify to use Schedule E, such as when the activity is not engaged in to make a profit or when you provide substantial services in conjunction with the property. 1040 nr ez There are also the limitations which may need to be applied if you have a net loss on Schedule E. 1040 nr ez There are two: (1) the limitation based on the amount of investment you have at risk in your rental activity, and (2) the special limits imposed on passive activities. 1040 nr ez You may also have a gain or loss related to your rental property from a casualty or theft. 1040 nr ez This is considered separately from the income and expense information you report on Schedule E. 1040 nr ez Which Forms To Use The basic form for reporting residential rental income and expenses is Schedule E (Form 1040). 1040 nr ez However, do not use that schedule to report a not-for-profit activity. 1040 nr ez See Not Rented for Profit , in chapter 4. 1040 nr ez There are also other rental situations in which forms other than Schedule E would be used. 1040 nr ez Schedule E (Form 1040) If you rent buildings, rooms, or apartments, and provide basic services such as heat and light, trash collection, etc. 1040 nr ez , you normally report your rental income and expenses on Schedule E, Part I. 1040 nr ez List your total income, expenses, and depreciation for each rental property. 1040 nr ez Be sure to enter the number of fair rental and personal use days on line 2. 1040 nr ez If you have more than three rental or royalty properties, complete and attach as many Schedules E as are needed to list the properties. 1040 nr ez Complete lines 1 and 2 for each property. 1040 nr ez However, fill in lines 23a through 26 on only one Schedule E. 1040 nr ez On Schedule E, page 1, line 18, enter the depreciation you are claiming for each property. 1040 nr ez To find out if you need to attach Form 4562, see Form 4562 , later. 1040 nr ez If you have a loss from your rental real estate activity, you also may need to complete one or both of the following forms. 1040 nr ez Form 6198, At-Risk Limitations. 1040 nr ez See At-Risk Rules , later. 1040 nr ez Also see Publication 925. 1040 nr ez Form 8582, Passive Activity Loss Limitations. 1040 nr ez See Passive Activity Limits , later. 1040 nr ez Page 2 of Schedule E is used to report income or loss from partnerships, S corporations, estates, trusts, and real estate mortgage investment conduits. 1040 nr ez If you need to use page 2 of Schedule E, be sure to use page 2 of the same Schedule E you used to enter your rental activity on page 1. 1040 nr ez Also, include the amount from line 26 (Part I) in the “Total income or (loss)” on line 41 (Part V). 1040 nr ez Form 4562. 1040 nr ez You must complete and attach Form 4562 for rental activities only if you are claiming: Depreciation, including the special depreciation allowance, on property placed in service during 2013; Depreciation on listed property (such as a car), regardless of when it was placed in service; or Any other car expenses, including the standard mileage rate or lease expenses. 1040 nr ez Otherwise, figure your depreciation on your own worksheet. 1040 nr ez You do not have to attach these computations to your return, but you should keep them in your records for future reference. 1040 nr ez See Publication 946 for information on preparing Form 4562. 1040 nr ez Schedule C (Form 1040), Profit or Loss From Business Generally, Schedule C is used when you provide substantial services in conjunction with the property or the rental is part of a trade or business as a real estate dealer. 1040 nr ez Providing substantial services. 1040 nr ez If you provide substantial services that are primarily for your tenant's convenience, such as regular cleaning, changing linen, or maid service, you report your rental income and expenses on Schedule C (Form 1040), Profit or Loss From Business, or Schedule C-EZ (Form 1040), Net Profit From Business. 1040 nr ez Use Form 1065, U. 1040 nr ez S. 1040 nr ez Return of Partnership Income, if your rental activity is a partnership (including a partnership with your spouse unless it is a qualified joint venture). 1040 nr ez Substantial services do not include the furnishing of heat and light, cleaning of public areas, trash collection, etc. 1040 nr ez For information, see Publication 334, Tax Guide for Small Business. 1040 nr ez Also, you may have to pay self-employment tax on your rental income using Schedule SE (Form 1040), Self-Employment Tax. 1040 nr ez For a discussion of “substantial services,” see Real Estate Rents in Publication 334, chapter 5. 1040 nr ez Qualified Joint Venture If you and your spouse each materially participate (see Material participation under Passive Activity Limits, later) as the only members of a jointly owned and operated real estate business, and you file a joint return for the tax year, you can make a joint election to be treated as a qualified joint venture instead of a partnership. 1040 nr ez This election, in most cases, will not increase the total tax owed on the joint return, but it does give each of you credit for social security earnings on which retirement benefits are based and for Medicare coverage if your rental income is subject to self-employment tax. 1040 nr ez If you make this election, you must report rental real estate income on Schedule E (or Schedule C if you provide substantial services). 1040 nr ez You will not be required to file Form 1065 for any year the election is in effect. 1040 nr ez Rental real estate income generally is not included in net earnings from self-employment subject to self-employment tax and generally is subject to the passive activity limits. 1040 nr ez If you and your spouse filed a Form 1065 for the year prior to the election, the partnership terminates at the end of the tax year immediately preceding the year the election takes effect. 1040 nr ez For more information on qualified joint ventures, go to IRS. 1040 nr ez gov and enter “qualified joint venture” in the search box. 1040 nr ez Limits on Rental Losses If you have a loss from your rental real estate activity, two sets of rules may limit the amount of loss you can deduct. 1040 nr ez You must consider these rules in the order shown below. 1040 nr ez Both are discussed in this section. 1040 nr ez At-risk rules. 1040 nr ez These rules are applied first if there is investment in your rental real estate activity for which you are not at risk. 1040 nr ez This applies only if the real property was placed in service after 1986. 1040 nr ez Passive activity limits. 1040 nr ez Generally, rental real estate activities are considered passive activities and losses are not deductible unless you have income from other passive activities to offset them. 1040 nr ez However, there are exceptions. 1040 nr ez At-Risk Rules You may be subject to the at-risk rules if you have: A loss from an activity carried on as a trade or business or for the production of income, and Amounts invested in the activity for which you are not fully at risk. 1040 nr ez Losses from holding real property (other than mineral property) placed in service before 1987 are not subject to the at-risk rules. 1040 nr ez In most cases, any loss from an activity subject to the at-risk rules is allowed only to the extent of the total amount you have at risk in the activity at the end of the tax year. 1040 nr ez You are considered at risk in an activity to the extent of cash and the adjusted basis of other property you contributed to the activity and certain amounts borrowed for use in the activity. 1040 nr ez Any loss that is disallowed because of the at-risk limits is treated as a deduction from the same activity in the next tax year. 1040 nr ez See Publication 925 for a discussion of the at-risk rules. 1040 nr ez Form 6198. 1040 nr ez If you are subject to the at-risk rules, file Form 6198, At-Risk Limitations, with your tax return. 1040 nr ez Passive Activity Limits In most cases, all rental real estate activities (except those of certain real estate professionals, discussed later) are passive activities. 1040 nr ez For this purpose, a rental activity is an activity from which you receive income mainly for the use of tangible property, rather than for services. 1040 nr ez For a discussion of activities that are not considered rental activities, see Rental Activities in Publication 925. 1040 nr ez Deductions or losses from passive activities are limited. 1040 nr ez You generally cannot offset income, other than passive income, with losses from passive activities. 1040 nr ez Nor can you offset taxes on income, other than passive income, with credits resulting from passive activities. 1040 nr ez Any excess loss or credit is carried forward to the next tax year. 1040 nr ez Exceptions to the rules for figuring passive activity limits for personal use of a dwelling unit and for rental real estate with active participation are discussed later. 1040 nr ez For a detailed discussion of these rules, see Publication 925. 1040 nr ez Real estate professionals. 1040 nr ez If you are a real estate professional, complete line 43 of Schedule E. 1040 nr ez You qualify as a real estate professional for the tax year if you meet both of the following requirements. 1040 nr ez More than half of the personal services you perform in all trades or businesses during the tax year are performed in real property trades or businesses in which you materially participate. 1040 nr ez You perform more than 750 hours of services during the tax year in real property trades or businesses in which you materially participate. 1040 nr ez If you qualify as a real estate professional, rental real estate activities in which you materially participated are not passive activities. 1040 nr ez For purposes of determining whether you materially participated in your rental real estate activities, each interest in rental real estate is a separate activity unless you elect to treat all your interests in rental real estate as one activity. 1040 nr ez Do not count personal services you perform as an employee in real property trades or businesses unless you are a 5% owner of your employer. 1040 nr ez You are a 5% owner if you own (or are considered to own) more than 5% of your employer's outstanding stock, or capital or profits interest. 1040 nr ez Do not count your spouse's personal services to determine whether you met the requirements listed earlier to qualify as a real estate professional. 1040 nr ez However, you can count your spouse's participation in an activity in determining if you materially participated. 1040 nr ez Real property trades or businesses. 1040 nr ez A real property trade or business is a trade or business that does any of the following with real property. 1040 nr ez Develops or redevelops it. 1040 nr ez Constructs or reconstructs it. 1040 nr ez Acquires it. 1040 nr ez Converts it. 1040 nr ez Rents or leases it. 1040 nr ez Operates or manages it. 1040 nr ez Brokers it. 1040 nr ez Choice to treat all interests as one activity. 1040 nr ez If you were a real estate professional and had more than one rental real estate interest during the year, you can choose to treat all the interests as one activity. 1040 nr ez You can make this choice for any year that you qualify as a real estate professional. 1040 nr ez If you forgo making the choice for one year, you can still make it for a later year. 1040 nr ez If you make the choice, it is binding for the tax year you make it and for any later year that you are a real estate professional. 1040 nr ez This is true even if you are not a real estate professional in any intervening year. 1040 nr ez (For that year, the exception for real estate professionals will not apply in determining whether your activity is subject to the passive activity rules. 1040 nr ez ) See the Instructions for Schedule E for information about making this choice. 1040 nr ez Material participation. 1040 nr ez Generally, you materially participated in an activity for the tax year if you were involved in its operations on a regular, continuous, and substantial basis during the year. 1040 nr ez For details, see Publication 925 or the Instructions for Schedule C. 1040 nr ez Participating spouse. 1040 nr ez If you are married, determine whether you materially participated in an activity by also counting any participation in the activity by your spouse during the year. 1040 nr ez Do this even if your spouse owns no interest in the activity or files a separate return for the year. 1040 nr ez Form 8582. 1040 nr ez You may have to complete Form 8582 to figure the amount of any passive activity loss for the current tax year for all activities and the amount of the passive activity loss allowed on your tax return. 1040 nr ez See Form 8582 not required , later in this chapter, to determine if you must complete Form 8582. 1040 nr ez If you are required to complete Form 8582 and are also subject to the at-risk rules, include the amount from Form 6198, line 21 (deductible loss) in column (b) of Form 8582, Worksheet 1 or 3, as required. 1040 nr ez Exception for Personal Use of Dwelling Unit If you used the rental property as a home during the year, any income, deductions, gain, or loss allocable to such use shall not be taken into account for purposes of the passive activity loss limitation. 1040 nr ez Instead, follow the rules explained in chapter 5, Personal Use of Dwelling Unit (Including Vacation Home). 1040 nr ez Exception for Rental Real Estate With Active Participation If you or your spouse actively participated in a passive rental real estate activity, you may be able to deduct up to $25,000 of loss from the activity from your nonpassive income. 1040 nr ez This special allowance is an exception to the general rule disallowing losses in excess of income from passive activities. 1040 nr ez Similarly, you may be able to offset credits from the activity against the tax on up to $25,000 of nonpassive income after taking into account any losses allowed under this exception. 1040 nr ez Example. 1040 nr ez Jane is single and has $40,000 in wages, $2,000 of passive income from a limited partnership, and $3,500 of passive loss from a rental real estate activity in which she actively participated. 1040 nr ez $2,000 of Jane's $3,500 loss offsets her passive income. 1040 nr ez The remaining $1,500 loss can be deducted from her $40,000 wages. 1040 nr ez The special allowance is not available if you were married, lived with your spouse at any time during the year, and are filing a separate return. 1040 nr ez Active participation. 1040 nr ez You actively participated in a rental real estate activity if you (and your spouse) owned at least 10% of the rental property and you made management decisions or arranged for others to provide services (such as repairs) in a significant and bona fide sense. 1040 nr ez Management decisions that may count as active participation include approving new tenants, deciding on rental terms, approving expenditures, and other similar decisions. 1040 nr ez Example. 1040 nr ez Mike is single and had the following income and losses during the tax year: Salary $42,300 Dividends 300 Interest 1,400 Rental loss (4,000) The rental loss was from the rental of a house Mike owned. 1040 nr ez Mike had advertised and rented the house to the current tenant himself. 1040 nr ez He also collected the rents, which usually came by mail. 1040 nr ez All repairs were either made or contracted out by Mike. 1040 nr ez Although the rental loss is from a passive activity, because Mike actively participated in the rental property management he can use the entire $4,000 loss to offset his other income. 1040 nr ez Maximum special allowance. 1040 nr ez The maximum special allowance is: $25,000 for single individuals and married individuals filing a joint return for the tax year, $12,500 for married individuals who file separate returns for the tax year and lived apart from their spouses at all times during the tax year, and $25,000 for a qualifying estate reduced by the special allowance for which the surviving spouse qualified. 1040 nr ez If your modified adjusted gross income (MAGI) is $100,000 or less ($50,000 or less if married filing separately), you can deduct your loss up to the amount specified above. 1040 nr ez If your MAGI is more than $100,000 (more than $50,000 if married filing separately), your special allowance is limited to 50% of the difference between $150,000 ($75,000 if married filing separately) and your MAGI. 1040 nr ez Generally, if your MAGI is $150,000 or more ($75,000 or more if you are married filing separately), there is no special allowance. 1040 nr ez Modified adjusted gross income (MAGI). 1040 nr ez This is your adjusted gross income from Form 1040, U. 1040 nr ez S. 1040 nr ez Individual Income Tax Return, line 38, or Form 1040NR, U. 1040 nr ez S. 1040 nr ez Nonresident Alien Income Tax Return, line 37, figured without taking into account: The taxable amount of social security or equivalent tier 1 railroad retirement benefits, The deductible contributions to traditional individual retirement accounts (IRAs) and section 501(c)(18) pension plans, The exclusion from income of interest from Series EE and I U. 1040 nr ez S. 1040 nr ez savings bonds used to pay higher educational expenses, The exclusion of amounts received under an employer's adoption assistance program, Any passive activity income or loss included on Form 8582, Any rental real estate loss allowed to real estate professionals, Any overall loss from a publicly traded partnership (see Publicly Traded Partnerships (PTPs) in the Instructions for Form 8582), The deduction allowed for one-half of self-employment tax, The deduction allowed for interest paid on student loans, The deduction for qualified tuition and related fees, and The domestic production activities deduction (see the Instructions for Form 8903). 1040 nr ez Form 8582 not required. 1040 nr ez Do not complete Form 8582 if you meet all of the following conditions. 1040 nr ez Your only passive activities were rental real estate activities in which you actively participated. 1040 nr ez Your overall net loss from these activities is $25,000 or less ($12,500 or less if married filing separately and you lived apart from your spouse all year). 1040 nr ez If married filing separately, you lived apart from your spouse all year. 1040 nr ez You have no prior year unallowed losses from these (or any other passive) activities. 1040 nr ez You have no current or prior year unallowed credits from passive activities. 1040 nr ez Your MAGI is $100,000 or less ($50,000 or less if married filing separately and you lived apart from your spouse all year). 1040 nr ez You do not hold any interest in a rental real estate activity as a limited partner or as a beneficiary of an estate or a trust. 1040 nr ez If you meet all of the conditions listed above, your rental real estate activities are not limited by the passive activity rules and you do not have to complete Form 8582. 1040 nr ez On lines 23a through 23e of your Schedule E, enter the applicable amounts. 1040 nr ez Casualties and Thefts As a result of a casualty or theft, you may have a loss related to your rental property. 1040 nr ez You may be able to deduct the loss on your income tax return. 1040 nr ez Casualty. 1040 nr ez This is the damage, destruction, or loss of property resulting from an identifiable event that is sudden, unexpected, or unusual. 1040 nr ez Such events include a storm, fire, or earthquake. 1040 nr ez Theft. 1040 nr ez This is defined as the unlawful taking and removing of your money or property with the intent to deprive you of it. 1040 nr ez Gain from casualty or theft. 1040 nr ez It is also possible to have a gain from a casualty or theft if you receive money, including insurance, that is more than your adjusted basis in the property. 1040 nr ez Generally, you must report this gain. 1040 nr ez However, under certain circumstances, you may defer paying tax by choosing to postpone reporting the gain. 1040 nr ez To do this, you generally must buy replacement property within 2 years after the close of the first tax year in which any part of your gain is realized. 1040 nr ez In certain circumstances, the replacement period can be greater than 2 years; see Replacement Period in Publication 547 for more information. 1040 nr ez The cost of the replacement property must be equal to or more than the net insurance or other payment you received. 1040 nr ez More information. 1040 nr ez For information on business and nonbusiness casualty and theft losses, see Publication 547. 1040 nr ez How to report. 1040 nr ez If you had a casualty or theft that involved property used in your rental activity, figure the net gain or loss in Section B of Form 4684, Casualties and Thefts. 1040 nr ez Follow the Instructions for Form 4684 for where to carry your net gain or loss. 1040 nr ez Example In February 2008, Marie Pfister bought a rental house for $135,000 (house $120,000 and land $15,000) and immediately began renting it out. 1040 nr ez In 2013, she rented it all 12 months for a monthly rental fee of $1,125. 1040 nr ez In addition to her rental income of $13,500 (12 x $1,125), Marie had the following expenses. 1040 nr ez Mortgage interest $8,000 Fire insurance (1-year policy) 250 Miscellaneous repairs 400 Real estate taxes imposed and paid 500 Maintenance 200 Marie depreciates the residential rental property under MACRS GDS. 1040 nr ez This means using the straight line method over a recovery period of 27. 1040 nr ez 5 years. 1040 nr ez She uses Table 2-2d to find her depreciation percentage. 1040 nr ez Because she placed the property in service in February 2008, she continues to use that row of Table 2-2d. 1040 nr ez For year 6, the rate is 3. 1040 nr ez 636%. 1040 nr ez Marie figures her net rental income or loss for the house as follows: Total rental income received ($1,125 × 12) $13,500 Minus: Expenses Mortgage interest $8,000 Fire insurance 250 Miscellaneous repairs 400 Real estate taxes 500 Maintenance 200 Total expenses 9,350 Balance $4,150 Minus: Depreciation ($120,000 x 3. 1040 nr ez 636%) 4,363 Net rental (loss) for house ($213) Marie had a net loss for the year. 1040 nr ez Because she actively participated in her passive rental real estate activity and her loss was less than $25,000, she can deduct the loss on her return. 1040 nr ez Marie also meets all of the requirements for not having to file Form 8582. 1040 nr ez She uses Schedule E, Part I, to report her rental income and expenses. 1040 nr ez She enters her income, expenses, and depreciation for the house in the column for Property A and enters her loss on line 22. 1040 nr ez Form 4562 is not required. 1040 nr ez Prev Up Next Home More Online Publications