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E-file State Return For Free

E-file state return for free Publication 560 - Introductory Material Table of Contents Future Developments What's New Reminders IntroductionSEP plans. E-file state return for free SIMPLE plans. E-file state return for free Qualified plans. E-file state return for free Ordering forms and publications. E-file state return for free Tax questions. E-file state return for free Future Developments For the latest information about developments related to Publication 560, such as legislation enacted after we release it, go to www. E-file state return for free irs. E-file state return for free gov/pub560. E-file state return for free What's New Compensation limit increased for 2013 and 2014. E-file state return for free  For 2013 the maximum compensation used for figuring contributions and benefits increases to $255,000. E-file state return for free This limit increases to $260,000 for 2014. E-file state return for free Elective deferral limit for 2013 and 2014. E-file state return for free  The limit on elective deferrals, other than catch-up contributions, increases to $17,500 for 2013 and remains at $17,500 for 2014. E-file state return for free These limits apply for participants in SARSEPs, 401(k) plans (excluding SIMPLE plans), section 403(b) plans and section 457(b) plans. E-file state return for free Defined contribution limit increased for 2013 and 2014. E-file state return for free  The limit on contributions, other than catch-up contributions, for a participant in a defined contribution plan increases to $51,000 for 2013. E-file state return for free This limit increases to $52,000 for 2014. E-file state return for free SIMPLE plan salary reduction contribution limit for 2013 and 2014. E-file state return for free  The limit on salary reduction contributions, other than catch-up contributions, increases to $12,000 for 2013 and remains at $12,000 for 2014. E-file state return for free Catch-up contribution limit remains unchanged for 2013 and 2014. E-file state return for free  A plan can permit participants who are age 50 or over at the end of the calendar year to make catch-up contributions in addition to elective deferrals and SIMPLE plan salary reduction contributions. E-file state return for free The catch-up contribution limitation for defined contribution plans other than SIMPLE plans remains unchanged at $5,500 for 2013 and 2014. E-file state return for free The catch-up contribution limitation for SIMPLE plans remains unchanged at $2,500 for 2013 and 2014. E-file state return for free The catch-up contributions a participant can make for a year cannot exceed the lesser of the following amounts. E-file state return for free The catch-up contribution limit. E-file state return for free The excess of the participant's compensation over the elective deferrals that are not catch-up contributions. E-file state return for free See “Catch-up contributions” under Contribution Limits and Limit on Elective Deferrals in chapters 3 and 4, respectively, for more information. E-file state return for free All section references are to the Internal Revenue Code, unless otherwise stated. E-file state return for free Reminders In-plan Roth rollovers. E-file state return for free  Section 402A(c)(4) provides for a distribution from an individual's account in a 401(k) plan, other than from a designated Roth account, that is rolled over to the individual's designated Roth account in the same plan. E-file state return for free An in-plan Roth rollover is not treated as a distribution for most purposes. E-file state return for free Section 402A(c)(4) was added by the Small Business Jobs Act of 2010 and applies to distributions made after September 27, 2010. E-file state return for free For additional guidance on in-plan Roth rollovers, see Notice 2010-84, 2010-51 I. E-file state return for free R. E-file state return for free B. E-file state return for free 872, available at  www. E-file state return for free irs. E-file state return for free gov/irb/2010-51_IRB/ar11. E-file state return for free html. E-file state return for free In-plan Roth rollovers expanded. E-file state return for free  Beginning in 2013, a plan with designated Roth accounts can permit a participant to roll over amounts into a designated Roth account from his or her other accounts in the same plan, regardless of whether the participant is eligible for a distribution from the other accounts. E-file state return for free Section 402A(c)(4) was amended by the American Taxpayer Relief Act of 2012. E-file state return for free For more information, see Notice 2013-74, 2013-52 I. E-file state return for free R. E-file state return for free B. E-file state return for free 819, available at www. E-file state return for free irs. E-file state return for free gov/irb/2013-52_IRB/ar11. E-file state return for free html. E-file state return for free Credit for startup costs. E-file state return for free  You may be able to claim a tax credit for part of the ordinary and necessary costs of starting a SEP, SIMPLE, or qualified plan. E-file state return for free The credit equals 50% of the cost to set up and administer the plan and educate employees about the plan, up to a maximum of $500 per year for each of the first 3 years of the plan. E-file state return for free You can choose to start claiming the credit in the tax year before the tax year in which the plan becomes effective. E-file state return for free You must have had 100 or fewer employees who received at least $5,000 in compensation from you for the preceding year. E-file state return for free At least one participant must be a non-highly compensated employee. E-file state return for free The employees generally cannot be substantially the same employees for whom contributions were made or benefits accrued under a plan of any of the following employers in the 3-tax-year period immediately before the first year to which the credit applies. E-file state return for free You. E-file state return for free A member of a controlled group that includes you. E-file state return for free A predecessor of (1) or (2). E-file state return for free The credit is part of the general business credit, which can be carried back or forward to other tax years if it cannot be used in the current year. E-file state return for free However, the part of the general business credit attributable to the small employer pension plan startup cost credit cannot be carried back to a tax year beginning before January 1, 2002. E-file state return for free You cannot deduct the part of the startup costs equal to the credit claimed for a tax year, but you can choose not to claim the allowable credit for a tax year. E-file state return for free To take the credit, use Form 8881, Credit for Small Employer Pension Plan Startup Costs. E-file state return for free Retirement savings contributions credit. E-file state return for free  Retirement plan participants (including self-employed individuals) who make contributions to their plan may qualify for the retirement savings contribution credit. E-file state return for free The maximum contribution eligible for the credit is $2,000. E-file state return for free To take the credit, use Form 8880, Credit for Qualified Retirement Savings Contributions. E-file state return for free For more information on who is eligible for the credit, retirement plan contributions eligible for the credit and how to figure the credit, see Form 8880 and its instructions or go to the IRS website and search Retirement Topics-Retirement Savings Contributions Credit (Saver's Credit). E-file state return for free Photographs of missing children. E-file state return for free  The Internal Revenue Service is a proud partner with the National Center for Missing and Exploited Children. E-file state return for free Photographs of missing children selected by the Center may appear in this publication on pages that would otherwise be blank. E-file state return for free You can help bring these children home by looking at the photographs and calling 1-800-THE-LOST (1-800-843-5678) if you recognize a child. E-file state return for free Introduction This publication discusses retirement plans you can set up and maintain for yourself and your employees. E-file state return for free In this publication, “you” refers to the employer. E-file state return for free See chapter 1 for the definition of the term employer and the definitions of other terms used in this publication. E-file state return for free This publication covers the following types of retirement plans. E-file state return for free SEP (simplified employee pension) plans. E-file state return for free SIMPLE (savings incentive match plan for employees) plans. E-file state return for free Qualified plans (also called H. E-file state return for free R. E-file state return for free 10 plans or Keogh plans when covering self-employed individuals), including 401(k) plans. E-file state return for free SEP, SIMPLE, and qualified plans offer you and your employees a tax-favored way to save for retirement. E-file state return for free You can deduct contributions you make to the plan for your employees. E-file state return for free If you are a sole proprietor, you can deduct contributions you make to the plan for yourself. E-file state return for free You can also deduct trustees' fees if contributions to the plan do not cover them. E-file state return for free Earnings on the contributions are generally tax free until you or your employees receive distributions from the plan. E-file state return for free Under a 401(k) plan, employees can have you contribute limited amounts of their before-tax (after-tax, in the case of a qualified Roth contribution program) pay to the plan. E-file state return for free These amounts (and the earnings on them) are generally tax free until your employees receive distributions from the plan or, in the case of a qualified distribution from a designated Roth account, completely tax free. E-file state return for free What this publication covers. E-file state return for free   This publication contains the information you need to understand the following topics. E-file state return for free What type of plan to set up. E-file state return for free How to set up a plan. E-file state return for free How much you can contribute to a plan. E-file state return for free How much of your contribution is deductible. E-file state return for free How to treat certain distributions. E-file state return for free How to report information about the plan to the IRS and your employees. E-file state return for free Basic features of SEP, SIMPLE, and qualified plans. E-file state return for free The key rules for SEP, SIMPLE, and qualified plans are outlined in Table 1. E-file state return for free SEP plans. E-file state return for free   SEPs provide a simplified method for you to make contributions to a retirement plan for yourself and your employees. E-file state return for free Instead of setting up a profit-sharing or money purchase plan with a trust, you can adopt a SEP agreement and make contributions directly to a traditional individual retirement account or a traditional individual retirement annuity (SEP-IRA) set up for yourself and each eligible employee. E-file state return for free SIMPLE plans. E-file state return for free   Generally, if you had 100 or fewer employees who received at least $5,000 in compensation last year, you can set up a SIMPLE plan. E-file state return for free Under a SIMPLE plan, employees can choose to make salary reduction contributions rather than receiving these amounts as part of their regular pay. E-file state return for free In addition, you will contribute matching or nonelective contributions. E-file state return for free The two types of SIMPLE plans are the SIMPLE IRA plan and the SIMPLE 401(k) plan. E-file state return for free Qualified plans. E-file state return for free   The qualified plan rules are more complex than the SEP plan and SIMPLE plan rules. E-file state return for free However, there are advantages to qualified plans, such as increased flexibility in designing plans and increased contribution and deduction limits in some cases. E-file state return for free Table 1. E-file state return for free Key Retirement Plan Rules for 2013 Type  of  Plan Last Date for Contribution Maximum Contribution Maximum Deduction When To Set Up Plan SEP Due date of employer's return (including extensions). E-file state return for free Smaller of $51,000 or 25%1 of participant's compensation. E-file state return for free 2 25%1 of all participants' compensation. E-file state return for free 2 Any time up to the due date of employer's return (including extensions). E-file state return for free SIMPLE IRA and SIMPLE 401(k) Salary reduction contributions: 30 days after the end of the month for which the contributions are to be made. E-file state return for free 4  Matching or nonelective contributions: Due date of employer's return (including extensions). E-file state return for free Employee contribution: Salary reduction contribution up to $12,000, $14,500 if age 50 or over. E-file state return for free   Employer contribution:  Either dollar-for-dollar matching contributions, up to 3% of employee's compensation,3 or fixed nonelective contributions of 2% of compensation. E-file state return for free 2 Same as maximum contribution. E-file state return for free Any time between 1/1 and 10/1 of the calendar year. E-file state return for free   For a new employer coming into existence after 10/1, as soon as administratively feasible. E-file state return for free Qualified Plan: Defined Contribution Plan  Elective deferral: Due date of employer's return (including extensions). E-file state return for free 4   Employer contribution: Money Purchase or Profit-Sharing: Due date of employer's return (including extensions). E-file state return for free  Employee contribution: Elective deferral up to $17,500, $23,000 if age 50 or over. E-file state return for free   Employer contribution: Money Purchase: Smaller of $51,000 or 100%1 of participant's compensation. E-file state return for free 2  Profit-Sharing: Smaller of $51,000 or 100%1 of participant's compensation. E-file state return for free 2  25%1 of all participants' compensation2, plus amount of elective deferrals made. E-file state return for free   By the end of the tax year. E-file state return for free Qualified Plan: Defined Benefit Plan Contributions generally must be paid in quarterly installments, due 15 days after the end of each quarter. E-file state return for free See Minimum Funding Requirement in chapter 4. E-file state return for free Amount needed to provide an annual benefit no larger than the smaller of $205,000 or 100% of the participant's average compensation for his or her highest 3 consecutive calendar years. E-file state return for free Based on actuarial assumptions and computations. E-file state return for free By the end of the tax year. E-file state return for free 1Net earnings from self-employment must take the contribution into account. E-file state return for free See Deduction Limit for Self-Employed Individuals in chapters 2 and 4 . E-file state return for free  2Compensation is generally limited to $255,000 in 2013. E-file state return for free  3Under a SIMPLE 401(k) plan, compensation is generally limited to $255,000 in 2013. E-file state return for free  4Certain plans subject to Department of Labor rules may have an earlier due date for salary reduction contributions and elective deferrals. E-file state return for free What this publication does not cover. E-file state return for free   Although the purpose of this publication is to provide general information about retirement plans you can set up for your employees, it does not contain all the rules and exceptions that apply to these plans. E-file state return for free You may also need professional help and guidance. E-file state return for free   Also, this publication does not cover all the rules that may be of interest to employees. E-file state return for free For example, it does not cover the following topics. E-file state return for free The comprehensive IRA rules an employee needs to know. E-file state return for free These rules are covered in Publication 590, Individual Retirement Arrangements (IRAs). E-file state return for free The comprehensive rules that apply to distributions from retirement plans. E-file state return for free These rules are covered in Publication 575, Pension and Annuity Income. E-file state return for free The comprehensive rules that apply to section 403(b) plans. E-file state return for free These rules are covered in Publication 571, Tax-Sheltered Annuity Plans (403(b) Plans). E-file state return for free Comments and suggestions. E-file state return for free   We welcome your comments about this publication and your suggestions for future editions. E-file state return for free   You can write to us at the following address: Internal Revenue Service Tax Forms and Publications Division 1111 Constitution Ave. E-file state return for free NW, IR-6526 Washington, DC 20224   We respond to many letters by telephone. E-file state return for free Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your correspondence. E-file state return for free   You can send your comments from www. E-file state return for free irs. E-file state return for free gov/formspubs. E-file state return for free Click on “More Information” and then on “Give us feedback. E-file state return for free ”   Although we cannot respond individually to each comment received, we do appreciate your feedback and will consider your comments as we revise our tax products. E-file state return for free Ordering forms and publications. E-file state return for free   Visit www. E-file state return for free irs. E-file state return for free gov/formspubs to download forms  and publications, call 1-800-TAX-FORM  (1-800-829-3676), or write to the address below and receive a response within 10 days after your request is received. E-file state return for free Internal Revenue Service 1201 N. E-file state return for free Mitsubishi Motorway Bloomington, IL 61705-6613 Tax questions. E-file state return for free   If you have a tax question, check the information available on IRS. E-file state return for free gov or call 1-800-829-1040. E-file state return for free We cannot answer tax questions sent to either of the above addresses. E-file state return for free Note. E-file state return for free Forms filed electronically with the Department of Labor are not available on the IRS website. E-file state return for free Instead, see www. E-file state return for free efast. E-file state return for free dol. E-file state return for free gov. E-file state return for free Prev  Up  Next   Home   More Online Publications
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E-file state return for free 1. E-file state return for free   Bona Fide Residence Table of Contents Presence TestDays of Presence in the United States or Relevant Possession Significant Connection Tax HomeExceptions Closer ConnectionException for Year of Move Special Rules in the Year of a MoveYear of Moving to a Possession Year of Moving From a Possession Reporting a Change in Bona Fide ResidenceWho Must File Penalty for Not Filing Form 8898 In order to qualify for certain tax benefits (see chapter 3), you must be a bona fide resident of American Samoa, the CNMI, Guam, Puerto Rico, or the USVI for the entire tax year. E-file state return for free Generally, you are a bona fide resident of one of these possessions (the relevant possession) if, during the tax year, you: Meet the presence test, Do not have a tax home outside the relevant possession, and Do not have a closer connection to the United States or to a foreign country than to the relevant possession. E-file state return for free Special rule for members of the U. E-file state return for free S. E-file state return for free Armed Forces. E-file state return for free   If you are a member of the U. E-file state return for free S. E-file state return for free Armed Forces who qualified as a bona fide resident of the relevant possession in an earlier tax year, your absence from that possession during the current tax year in compliance with military orders will not affect your status as a bona fide resident. E-file state return for free Likewise, being in a possession solely in compliance with military orders will not qualify you for bona fide residency. E-file state return for free Also see the special income source rule for members of the U. E-file state return for free S. E-file state return for free Armed Forces in chapter 2, under Compensation for Labor or Personal Services . E-file state return for free Special rule for civilian spouse of active duty member of the U. E-file state return for free S. E-file state return for free Armed Forces. E-file state return for free   If you are the civilian spouse of an active duty servicemember, under Military Spouses Residency Relief Act (MSRRA) you can choose to keep your prior residence or domicile for tax purposes (tax residence) when accompanying the servicemember spouse, who is relocating under military orders, to a new military duty station in one of the 50 states, the District of Columbia, or a U. E-file state return for free S. E-file state return for free possession. E-file state return for free Before relocating, you and your spouse must have the same tax residence. E-file state return for free If you are a civilian spouse and choose to keep your prior tax residence after such relocation, the source of income for services performed (for example, wages, salaries, tips, or self-employment) by you is considered to be (the jurisdiction of) the prior tax residence. E-file state return for free As a result, the amount of income tax withholding (from Form(s) W-2, Wage and Tax Statement) that you are able to claim on your federal return, as well as the need to file a state or U. E-file state return for free S. E-file state return for free possession return, may be affected. E-file state return for free For more information, consult with state, local, or U. E-file state return for free S. E-file state return for free possession tax authorities regarding your tax obligations under MSRRA. E-file state return for free Presence Test If you are a U. E-file state return for free S. E-file state return for free citizen or resident alien, you will satisfy the presence test for the entire tax year if you meet one of the following conditions. E-file state return for free You were present in the relevant possession for at least 183 days during the tax year. E-file state return for free You were present in the relevant possession for at least 549 days during the 3-year period that includes the current tax year and the 2 immediately preceding tax years. E-file state return for free During each year of the 3-year period, you must be present in the relevant possession for at least 60 days. E-file state return for free You were present in the United States for no more than 90 days during the tax year. E-file state return for free You had earned income in the United States of no more than a total of $3,000 and were present for more days in the relevant possession than in the United States during the tax year. E-file state return for free Earned income is pay for personal services performed, such as wages, salaries, or professional fees. E-file state return for free You had no significant connection to the United States during the tax year. E-file state return for free Special rule for nonresident aliens. E-file state return for free   Conditions (1) through (5) above do not apply to nonresident aliens of the United States. E-file state return for free Instead, nonresident aliens must meet the substantial presence test discussed in chapter 1 of Publication 519. E-file state return for free In that discussion, substitute the name of the possession for “United States” and “U. E-file state return for free S. E-file state return for free ” wherever they appear. E-file state return for free Disregard the discussion in that chapter about a Closer Connection to a Foreign Country. E-file state return for free Days of Presence in the United States or Relevant Possession Generally, you are treated as being present in the United States or in the relevant possession on any day that you are physically present in that location at any time during the day. E-file state return for free Days of presence in a possession. E-file state return for free   You are considered to be present in the relevant possession on any of the following days. E-file state return for free Any day you are physically present in that possession at any time during the day. E-file state return for free Any day you are outside of the relevant possession in order to receive, or to accompany any of the following family members to receive, qualifying medical treatment (see Qualifying Medical Treatment , later). E-file state return for free Your parent. E-file state return for free Your spouse. E-file state return for free Your child, who is your son, daughter, stepson, or stepdaughter. E-file state return for free This includes an adopted child or child lawfully placed with you for legal adoption. E-file state return for free This also includes a foster child who is placed with you by an authorized placement agency or by judgment, decree, or other order of any court of competent jurisdiction. E-file state return for free Any day you are outside the relevant possession because you leave or are unable to return to the relevant possession during any: 14-day period within which a major disaster occurs in the relevant possession for which a Federal Emergency Management Agency (FEMA) notice of a federal declaration of a major disaster is issued in the Federal Register, or Period for which a mandatory evacuation order is in effect for the geographic area in the relevant possession in which your main home is located. E-file state return for free   If, during a single day, you are physically present: In the United States and in the relevant possession, that day is considered a day of presence in the relevant possession; or In two possessions, that day is considered a day of presence in the possession where your tax home is located (see Tax Home , later). E-file state return for free Days of presence in the United States. E-file state return for free   You are considered to be present in the United States on any day that you are physically present in the United States at any time during the day. E-file state return for free However, do not count the following days as days of presence in the United States. E-file state return for free Any day you are temporarily present in the United States in order to receive, or to accompany a parent, spouse, or child who is receiving, qualifying medical treatment. E-file state return for free “Child” is defined under item 2c earlier. E-file state return for free “Qualifying medical treatment” is defined later. E-file state return for free Any day you are temporarily present in the United States because you leave or are unable to return to the relevant possession during any: 14-day period within which a major disaster occurs in the relevant possession for which a Federal Emergency Management Agency (FEMA) notice of a federal declaration of a major disaster is issued in the Federal Register, or Period for which a mandatory evacuation order is in effect for the geographic area in the relevant possession in which your main home is located. E-file state return for free Any day you are in the United States for less than 24 hours when you are traveling between two places outside the United States. E-file state return for free Any day you are temporarily present in the United States as a professional athlete to compete in a charitable sports event (defined later). E-file state return for free Any day you are temporarily in the United States as a student (defined later). E-file state return for free Any day you are in the United States serving as an elected representative of the relevant possession, or serving full time as an elected or appointed official or employee of the government of that possession (or any of its political subdivisions). E-file state return for free Qualifying Medical Treatment Such treatment is generally provided by (or under the supervision of) a physician for an illness, injury, impairment, or physical or mental condition. E-file state return for free The treatment generally involves: Any period of inpatient care that requires an overnight stay in a hospital or hospice, and any period immediately before or after that inpatient care to the extent it is medically necessary, or Any temporary period of inpatient care in a residential medical care facility for medically necessary rehabilitation services. E-file state return for free With respect to each qualifying medical treatment, you must prepare (or obtain) and maintain documentation supporting your claim that such treatment meets the criteria to be considered days of presence in the relevant possession. E-file state return for free You must be able to produce this documentation within 30 days if requested by the IRS or tax administrator for the relevant possession. E-file state return for free You must keep the following documentation. E-file state return for free Records that provide: The patient's name and relationship to you (if the medical treatment is provided to a person you accompany); The name and address of the hospital, hospice, or residential medical care facility where the medical treatment was provided; The name, address, and telephone number of the physician who provided the medical treatment; The date(s) on which the medical treatment was provided; and Receipt(s) of payment for the medical treatment. E-file state return for free Signed certification by the providing or supervising physician that the medical treatment met the requirements for being qualified medical treatment, and setting forth: The patient's name, A reasonably detailed description of the medical treatment provided by (or under the supervision of) the physician, The dates on which the medical treatment was provided, and The medical facts that support the physician's certification and determination that the treatment was medically necessary. E-file state return for free Charitable Sports Event A charitable sports event is one that meets all of the following conditions. E-file state return for free The main purpose is to benefit a qualified charitable organization. E-file state return for free The entire net proceeds go to charity. E-file state return for free Volunteers perform substantially all the work. E-file state return for free In figuring the days of presence in the United States, you can exclude only the days on which you actually competed in the charitable sports event. E-file state return for free You cannot exclude the days on which you were in the United States to practice for the event, to perform promotional or other activities related to the event, or to travel between events. E-file state return for free Student To qualify as a student, you must be, during some part of each of any 5 calendar months during the calendar year: A full-time student at a school that has a regular teaching staff, course of study, and regularly enrolled body of students in attendance, or A student taking a full-time, on-farm training course given by a school described in (1) above or by a state, county, or local government agency. E-file state return for free The 5 calendar months do not have to be consecutive. E-file state return for free Full-time student. E-file state return for free   A full-time student is a person who is enrolled for the number of hours or courses the school considers to be full-time attendance. E-file state return for free However, school attendance exclusively at night is not considered full-time attendance. E-file state return for free School. E-file state return for free   The term “school” includes elementary schools, middle schools, junior and senior high schools, colleges, universities, and technical, trade, and mechanical schools. E-file state return for free It does not include on-the-job training courses, correspondence schools, and schools offering courses only through the Internet. E-file state return for free Significant Connection One way in which you can meet the presence test is to have no significant connection to the United States during the tax year. E-file state return for free This section looks at the factors that determine if a significant connection exists. E-file state return for free You are treated as having a significant connection to the United States if you: Have a permanent home in the United States, Are currently registered to vote in any political subdivision of the United States, or Have a spouse or child (see item 2c under Days of presence in a possession , earlier) who is under age 18 whose main home is in the United States, other than: A child who is in the United States because he or she is the child of divorced or legally separated parents and is living with a custodial parent under a custodial decree or multiple support agreement, or A child who is in the United States as a student. E-file state return for free For the purpose of determining if you have a significant connection to the United States, the term “spouse” does not include a spouse from whom you are legally separated under a decree of divorce or separate maintenance. E-file state return for free Permanent home. E-file state return for free   A permanent home generally includes an accommodation such as a house, an apartment, or a furnished room that is either owned or rented by you or your spouse. E-file state return for free The dwelling unit must be available at all times, continuously, not only for short stays. E-file state return for free Exception for rental property. E-file state return for free   If you or your spouse own the dwelling unit and at any time during the tax year it is rented to someone else at fair rental value, it will be considered your permanent home only if you or your spouse use that property for personal purposes for more than the greater of: 14 days, or 10% of the number of days during that tax year that the property is rented to others at a fair rental value. E-file state return for free   You are treated as using rental property for personal purposes on any day the property is not being rented to someone else at fair rental value for the entire day. E-file state return for free   A day of personal use of a dwelling unit is also any day that the unit is used by any of the following persons. E-file state return for free You or any other person who has an interest in it, unless you rent it to another owner as his or her main home under a shared equity financing agreement. E-file state return for free A member of your family or a member of the family of any other person who has an interest in it, unless the family member uses the dwelling unit as his or her main home and pays a fair rental price. E-file state return for free Family includes only brothers and sisters, half-brothers and half-sisters, spouses, ancestors (parents, grandparents, etc. E-file state return for free ), and lineal descendants (children, grandchildren, etc. E-file state return for free ). E-file state return for free Anyone under an arrangement that lets you use some other dwelling unit. E-file state return for free Anyone at less than a fair rental price. E-file state return for free   However, any day you spend working substantially full time repairing and maintaining (not improving) your property is not counted as a day of personal use. E-file state return for free Whether your property is used mainly for this purpose is determined in light of all the facts and circumstances, such as: The amount of time you devote to repair and maintenance work, How often during the tax year you perform repair and maintenance work on this property, and The presence and activities of companions. E-file state return for free   See Publication 527, Residential Rental Property, for more information about personal use of a dwelling unit. E-file state return for free Example—significant connection. E-file state return for free Ann Green, a U. E-file state return for free S. E-file state return for free citizen, is a sales representative for a company based in Guam. E-file state return for free Ann lives with her spouse and young children in their house in Guam, where she is also registered to vote. E-file state return for free Her business travel requires her to spend 120 days in the United States and another 120 days in foreign countries. E-file state return for free When traveling on business, Ann generally stays at hotels but sometimes stays with her brother, who lives in the United States. E-file state return for free Ann's stays are always of short duration and she asks her brother's permission to stay with him. E-file state return for free Her brother's house is not her permanent home, nor does she have any other accommodations in the United States that would be considered her permanent home. E-file state return for free Ann satisfies the presence test because she has no significant connection to the United States. E-file state return for free Example—presence test. E-file state return for free Eric and Wanda Brown live for part of the year in a condominium, which they own, in the CNMI. E-file state return for free They also own a house in Maine where they live for 120 days every year to be near their grown children and grandchildren. E-file state return for free The Browns are retired and their only income is from pension payments, dividends, interest, and social security benefits. E-file state return for free In 2013, they spent only 175 days in the CNMI because of a 70-day vacation to Europe and Asia. E-file state return for free Thus, in 2013, the Browns were not present in the CNMI for at least 183 days, were present in the United States for more than 90 days, and had a significant connection to the United States because of their permanent home. E-file state return for free However, the Browns still satisfied the presence test with respect to the CNMI because they had no earned income in the United States and were physically present for more days in the CNMI than in the United States. E-file state return for free Tax Home You will have met the tax home test if you did not have a tax home outside the relevant possession during any part of the tax year. E-file state return for free Your tax home is your regular or main place of business, employment, or post of duty regardless of where you maintain your family home. E-file state return for free If you do not have a regular or main place of business because of the nature of your work, then your tax home is the place where you regularly live. E-file state return for free If you do not fit either of these categories, you are considered an itinerant and your tax home is wherever you work. E-file state return for free Exceptions There are some special rules regarding tax home that provide exceptions to the general rule stated above. E-file state return for free Students and Government Officials Disregard the following days when determining whether you have a tax home outside the relevant possession. E-file state return for free Days you were temporarily in the United States as a student (see Student under Days of Presence in the United States or Relevant Possession, earlier). E-file state return for free Days you were in the United States serving as an elected representative of the relevant possession, or serving full time as an elected or appointed official or employee of the government of that possession (or any of its political subdivisions). E-file state return for free Seafarers You will not be considered to have a tax home outside the relevant possession solely because you are employed on a ship or other seafaring vessel that is predominantly used in local and international waters. E-file state return for free For this purpose, a vessel is considered to be predominantly used in local and international waters if, during the tax year, the total amount of time it is used in international waters and in the waters within 3 miles of the relevant possession exceeds the total amount of time it is used in the territorial waters of the United States, another possession, or any foreign country. E-file state return for free Example. E-file state return for free In 2013, Sean Silverman, a U. E-file state return for free S. E-file state return for free citizen, was employed by a fishery and spent 250 days at sea on a fishing vessel. E-file state return for free When not at sea, Sean lived with his spouse at a house they own in American Samoa. E-file state return for free The fishing vessel on which Sean works departs and arrives at various ports in American Samoa, other possessions, and foreign countries, but was in international or American Samoa's local waters for 225 days. E-file state return for free For purposes of determining bona fide residency of American Samoa, Sean will not be considered to have a tax home outside that possession solely because of his employment on board the fishing vessel. E-file state return for free Year of Move If you are moving to or from a possession during the year, you may still be able to meet the tax home test for that year. E-file state return for free See Special Rules in the Year of a Move , later in this chapter. E-file state return for free Closer Connection You will have met the closer connection test if, during any part of the tax year, you do not have a closer connection to the United States or a foreign country than to the relevant U. E-file state return for free S. E-file state return for free possession. E-file state return for free You will be considered to have a closer connection to a possession than to the United States or to a foreign country if you have maintained more significant contacts with the possession(s) than with the United States or foreign country. E-file state return for free In determining if you have maintained more significant contacts with the relevant possession, the facts and circumstances to be considered include, but are not limited to, the following. E-file state return for free The location of your permanent home. E-file state return for free The location of your family. E-file state return for free The location of personal belongings, such as automobiles, furniture, clothing, and jewelry owned by you and your family. E-file state return for free The location of social, political, cultural, professional, or religious organizations with which you have a current relationship. E-file state return for free The location where you conduct your routine personal banking activities. E-file state return for free The location where you conduct business activities (other than those that go into determining your tax home). E-file state return for free The location of the jurisdiction in which you hold a driver's license. E-file state return for free The location of the jurisdiction in which you vote. E-file state return for free The location of charitable organizations to which you contribute. E-file state return for free The country of residence you designate on forms and documents. E-file state return for free The types of official forms and documents you file, such as Form W-8BEN, Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding and Reporting (Individuals), or Form W-9, Request for Taxpayer Identification Number and Certification. E-file state return for free Your connections to the relevant possession will be compared to the total of your connections with the United States and foreign countries. E-file state return for free Your answers to the questions on Form 8898, Part III, will help establish the jurisdiction to which you have a closer connection. E-file state return for free Example—closer connection to the United States. E-file state return for free Marcos Reyes, a U. E-file state return for free S. E-file state return for free citizen, moved to Puerto Rico in 2013 to start an investment consulting and venture capital business. E-file state return for free His spouse and two teenage children remained in California to allow the children to complete high school. E-file state return for free He traveled back to the United States regularly to see his spouse and children, to engage in business activities, and to take vacations. E-file state return for free Marcos had an apartment available for his full-time use in Puerto Rico, but remained a joint owner of the residence in California where his spouse and children lived. E-file state return for free Marcos and his family had automobiles and personal belongings such as furniture, clothing, and jewelry located at both residences. E-file state return for free Although Marcos was a member of the Puerto Rico Chamber of Commerce, he also belonged to and had current relationships with social, political, cultural, and religious organizations in California. E-file state return for free Marcos received mail in California, including bank and brokerage statements and credit card bills. E-file state return for free He conducted his personal banking activities in California. E-file state return for free He held a California driver's license and was also registered to vote there. E-file state return for free Based on all of the particular facts and circumstances pertaining to Marcos, he was not a bona fide resident of Puerto Rico in 2013 because he had a closer connection to the United States than to Puerto Rico. E-file state return for free Closer connection to another possession. E-file state return for free   Generally, possessions are not treated as foreign countries. E-file state return for free Therefore, a closer connection to a possession other than the relevant possession will not be treated as a closer connection to a foreign country. E-file state return for free Example—tax home and closer connection to possession. E-file state return for free Pearl Blackmon, a U. E-file state return for free S. E-file state return for free citizen, is a permanent employee of a hotel in Guam, but works only during the tourist season. E-file state return for free For the remainder of each year, Pearl lives with her spouse and children in the CNMI, where she has no outside employment. E-file state return for free Most of Pearl's personal belongings, including her automobile, are located in the CNMI. E-file state return for free She is registered to vote in, and has a driver's license issued by, the CNMI. E-file state return for free She does her personal banking in the CNMI and routinely lists her CNMI address as her permanent address on forms and documents. E-file state return for free Pearl satisfies the presence test with respect to both Guam and the CNMI. E-file state return for free She satisfies the tax home test with respect to Guam, because her regular place of business is in Guam. E-file state return for free Pearl satisfies the closer connection test with respect to both Guam and the CNMI, because she does not have a closer connection to the United States or to any foreign country. E-file state return for free Pearl is considered a bona fide resident of Guam, the location of her tax home. E-file state return for free Exception for Year of Move If you are moving to or from a possession during the year, you may still be able to meet the closer connection test for that year. E-file state return for free See Special Rules in the Year of a Move , next. E-file state return for free Special Rules in the Year of a Move If you are moving to or from a possession during the year, you may still be able to meet the tax home and closer connection tests for that year. E-file state return for free Year of Moving to a Possession You will satisfy the tax home and closer connection tests in the tax year of changing your residence to the relevant possession if you meet all of the following. E-file state return for free You have not been a bona fide resident of the relevant possession in any of the 3 tax years immediately preceding your move. E-file state return for free In the year of the move, you do not have a tax home outside the relevant possession or a closer connection to the United States or a foreign country than to the relevant possession during any of the last 183 days of the tax year. E-file state return for free You are a bona fide resident of the relevant possession for each of the 3 tax years immediately following your move. E-file state return for free Example. E-file state return for free Dwight Wood, a U. E-file state return for free S. E-file state return for free citizen, files returns on a calendar year basis. E-file state return for free He lived in the United States from January 2007 through May 2013. E-file state return for free In June 2013 he moved to the USVI, purchased a house, and accepted a permanent job with a local employer. E-file state return for free From July 1 through December 31, 2013 (more than 183 days), Dwight's principal place of business was in the USVI and, during that time, he did not have a closer connection to the United States or a foreign country than to the USVI. E-file state return for free If he is a bona fide resident of the USVI during all of 2014 through 2016, he will satisfy the tax home and closer connection tests for 2013. E-file state return for free If Dwight also satisfies the presence test in 2013, he will be considered a bona fide resident of the USVI for the entire 2013 tax year. E-file state return for free Year of Moving From a Possession In the year you cease to be a bona fide resident of American Samoa, the CNMI, Guam, or the USVI, you will satisfy the tax home and closer connection tests with respect to the relevant possession if you meet all of the following. E-file state return for free You have been a bona fide resident of the relevant possession for each of the 3 tax years immediately preceding your change of residence. E-file state return for free In the year of the move, you do not have a tax home outside the relevant possession or a closer connection to the United States or a foreign country than to the relevant possession during any of the first 183 days of the tax year. E-file state return for free You are not a bona fide resident of the relevant possession for any of the 3 tax years immediately following your move. E-file state return for free Example. E-file state return for free Jean Aspen, a U. E-file state return for free S. E-file state return for free citizen, files returns on a calendar year basis. E-file state return for free From January 2010 through December 2012, Jean was a bona fide resident of American Samoa. E-file state return for free Jean continued to live there until September 6, 2013, when she accepted new employment and moved to Hawaii. E-file state return for free Jean's principal place of business from January 1 through September 5, 2013 (more than 183 days), was in American Samoa, and during that period Jean did not have a closer connection to the United States or a foreign country than to American Samoa. E-file state return for free If Jean continues to live and work in Hawaii for the rest of 2013 and throughout years 2014 through 2016, she will satisfy the tax home and closer connection tests for 2013 with respect to American Samoa. E-file state return for free If Jean also satisfies the presence test in 2013, she will be considered a bona fide resident for the entire 2013 tax year. E-file state return for free Puerto Rico You will be considered a bona fide resident of Puerto Rico for the part of the tax year preceding the date on which you move if you: Are a U. E-file state return for free S. E-file state return for free citizen, Are a bona fide resident of Puerto Rico for at least 2 tax years immediately preceding the tax year of the move, Cease to be a bona fide resident of Puerto Rico during the tax year, Cease to have a tax home in Puerto Rico during the tax year, and Have a closer connection to Puerto Rico than to the United States or a foreign country throughout the part of the tax year preceding the date on which you cease to have a tax home in Puerto Rico. E-file state return for free Example. E-file state return for free Randy White, a U. E-file state return for free S. E-file state return for free citizen, files returns on a calendar year basis. E-file state return for free For all of 2011 and 2012, Randy was a bona fide resident of Puerto Rico. E-file state return for free From January through April 2013, Randy continued to reside and maintain his principal place of business in and closer connection to Puerto Rico. E-file state return for free On May 5, 2013, Randy moved and changed his tax home to Nevada. E-file state return for free Later that year he established a closer connection to the United States than to Puerto Rico. E-file state return for free Randy did not satisfy the presence test for 2013 with respect to Puerto Rico, nor the tax home or closer connection tests. E-file state return for free However, because Randy was a bona fide resident of Puerto Rico for at least 2 tax years before he moved to Nevada in 2013, he was a bona fide resident of Puerto Rico from January 1 through May 4, 2013. E-file state return for free Reporting a Change in Bona Fide Residence If you became or ceased to be a bona fide resident of a U. E-file state return for free S. E-file state return for free possession, you may need to file Form 8898. E-file state return for free This applies to the U. E-file state return for free S. E-file state return for free possessions of American Samoa, the CNMI, Guam, Puerto Rico, and the USVI. E-file state return for free Who Must File You must file Form 8898 for the tax year in which you meet both of the following conditions. E-file state return for free Your worldwide gross income (defined below) in that tax year is more than $75,000. E-file state return for free You meet one of the following. E-file state return for free You take a position for U. E-file state return for free S. E-file state return for free tax purposes that you became a bona fide resident of a U. E-file state return for free S. E-file state return for free possession after a tax year for which you filed a U. E-file state return for free S. E-file state return for free income tax return as a citizen or resident alien of the United States but not as a bona fide resident of the possession. E-file state return for free You are a citizen or resident alien of the United States who takes the position for U. E-file state return for free S. E-file state return for free tax purposes that you ceased to be a bona fide resident of a U. E-file state return for free S. E-file state return for free possession after a tax year for which you filed an income tax return (with the IRS, the possession tax authority, or both) as a bona fide resident of the possession. E-file state return for free You take the position for U. E-file state return for free S. E-file state return for free tax purposes that you became a bona fide resident of Puerto Rico or American Samoa after a tax year for which you were required to file an income tax return as a bona fide resident of the CNMI, Guam, or the USVI. E-file state return for free Worldwide gross income. E-file state return for free   Worldwide gross income means all income you received in the form of money, goods, property, and services, including any income from sources outside the United States (even if you can exclude part or all of it) and before any deductions, credits, or rebates. E-file state return for free Example. E-file state return for free You are a U. E-file state return for free S. E-file state return for free citizen who moved to the CNMI in December 2012, but did not become a bona fide resident of that possession until the 2013 tax year. E-file state return for free You must file Form 8898 for the 2013 tax year if your worldwide gross income for that year was more than $75,000. E-file state return for free Penalty for Not Filing Form 8898 If you are required to file Form 8898 for any tax year and you fail to file it, you may owe a penalty of $1,000. E-file state return for free You may also owe this penalty if you do not include all the information required by the form or the form includes incorrect information. E-file state return for free In either case, you will not owe this penalty if you can show that such failure is due to reasonable cause and not willful neglect. E-file state return for free This is in addition to any criminal penalty that may be imposed. E-file state return for free Prev  Up  Next   Home   More Online Publications