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How To File For 2012 Taxes

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How To File For 2012 Taxes

How to file for 2012 taxes Publication 559 - Main Content Table of Contents Personal RepresentativeDuties Fees Received by Personal Representatives Final Income Tax Return for Decedent—Form 1040Name, Address, and Signature When and Where To File Filing Requirements Income To Include Exemptions and Deductions Credits, Other Taxes, and Payments Tax Forgiveness for Armed Forces Members, Victims of Terrorism, and Astronauts Filing Reminders Other Tax InformationTax Benefits for Survivors Income in Respect of a Decedent Deductions in Respect of a Decedent Estate Tax Deduction Gifts, Insurance, and Inheritances Other Items of Income Income Tax Return of an Estate— Form 1041Filing Requirements Income To Include Exemption and Deductions Credits, Tax, and Payments Name, Address, and Signature When and Where To File Distributions to BeneficiariesIncome That Must Be Distributed Currently Other Amounts Distributed Discharge of a Legal Obligation Character of Distributions How and When To Report Bequest Termination of Estate Estate and Gift TaxesApplicable Credit Amount Gift Tax Estate Tax Generation-Skipping Transfer Tax Comprehensive ExampleFinal Return for Decedent—Form 1040 Income Tax Return of an Estate—Form 1041 How To Get Tax HelpLow Income Taxpayer Clinics Personal Representative A personal representative of an estate is an executor, administrator, or anyone who is in charge of the decedent's property. How to file for 2012 taxes Generally, an executor (or executrix) is named in a decedent's will to administer the estate and distribute properties as the decedent has directed. How to file for 2012 taxes An administrator (or administratrix) is usually appointed by the court if no will exists, if no executor was named in the will, or if the named executor cannot or will not serve. How to file for 2012 taxes In general, an executor and an administrator perform the same duties and have the same responsibilities. How to file for 2012 taxes For estate tax purposes, if there is no executor or administrator appointed, qualified, and acting within the United States, the term “executor” includes anyone in actual or constructive possession of any property of the decedent. How to file for 2012 taxes It includes, among others, the decedent's agents and representatives; safe-deposit companies, warehouse companies, and other custodians of property in this country; brokers holding securities of the decedent as collateral; and the debtors of the decedent who are in this country. How to file for 2012 taxes Duties The primary duties of a personal representative are to collect all the decedent's assets, pay his or her creditors, and distribute the remaining assets to the heirs or other beneficiaries. How to file for 2012 taxes The personal representative also must perform the following duties. How to file for 2012 taxes Apply for an employer identification number (EIN) for the estate. How to file for 2012 taxes File all tax returns, including income, estate and gift tax returns, when due. How to file for 2012 taxes Pay the tax determined up to the date of discharge from duties. How to file for 2012 taxes Other duties of the personal representative in federal tax matters are discussed in other sections of this publication. How to file for 2012 taxes If any beneficiary is a nonresident alien, see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities, for information on the personal representative's duties as a withholding agent. How to file for 2012 taxes Penalty. How to file for 2012 taxes   There is a penalty for failure to file a tax return when due unless the failure is due to reasonable cause. How to file for 2012 taxes Reliance on an agent (attorney, accountant, etc. How to file for 2012 taxes ) is not reasonable cause for late filing. How to file for 2012 taxes It is the personal representative's duty to file the returns for the decedent and the estate when due. How to file for 2012 taxes Identification number. How to file for 2012 taxes   The first action you should take if you are the personal representative for the decedent is to apply for an EIN for the estate. How to file for 2012 taxes You should apply for this number as soon as possible because you need to enter it on returns, statements, and other documents you file concerning the estate. How to file for 2012 taxes You also must give the number to payers of interest and dividends and other payers who must file a return concerning the estate. How to file for 2012 taxes   You can get an EIN by applying online at www. How to file for 2012 taxes irs. How to file for 2012 taxes gov (click on "Apply for an EIN Online" under the Tools heading). How to file for 2012 taxes Generally, if you apply online, you will receive your EIN immediately upon completing the application. How to file for 2012 taxes You can also apply using Form SS-4, Application for Employer Identification Number. How to file for 2012 taxes Generally, if you apply by mail, it takes about 4 weeks to get your EIN. How to file for 2012 taxes See the form instructions for other ways to apply. How to file for 2012 taxes   Payers of interest and dividends report amounts on Forms 1099 using the identification number of the person to whom the account is payable. How to file for 2012 taxes After a decedent's death, Forms 1099 must reflect the identification number of the estate or beneficiary to whom the amounts are payable. How to file for 2012 taxes As the personal representative handling the estate, you must furnish this identification number to the payer. How to file for 2012 taxes For example, if interest is payable to the estate, the estate's EIN must be provided to the payer and used to report the interest on Form 1099-INT, Interest Income. How to file for 2012 taxes If the interest is payable to a surviving joint owner, the survivor's identification number, such as an SSN or ITIN, must be provided to the payer and used to report the interest. How to file for 2012 taxes   If the estate or a survivor may receive interest or dividends after you inform the payer of the decedent's death, the payer should give you (or the survivor) a Form W-9, Request for Taxpayer Identification Number and Certification (or a similar substitute form). How to file for 2012 taxes Complete this form to inform the payer of the estate's (or if completed by the survivor, the survivor's) identification number and return it to the payer. How to file for 2012 taxes    Do not use the deceased individual's identifying number to file an individual income tax return after the decedent's final tax return. How to file for 2012 taxes Also do not use it to make estimated tax payments for a tax year after the year of death. How to file for 2012 taxes Penalty. How to file for 2012 taxes   If you do not include the EIN or the taxpayer identification number of another person where it is required on a return, statement, or other document, you are liable for a penalty for each failure, unless you can show reasonable cause. How to file for 2012 taxes You also are liable for a penalty if you do not give the taxpayer identification number of another person when required on a return, statement, or other document. How to file for 2012 taxes Notice of fiduciary relationship. How to file for 2012 taxes   The term fiduciary means any person acting for another person. How to file for 2012 taxes It applies to persons who have positions of trust on behalf of others. How to file for 2012 taxes A personal representative for a decedent's estate is a fiduciary. How to file for 2012 taxes Form 56. How to file for 2012 taxes   If you are appointed to act in a fiduciary capacity for another, you must file a written notice with the IRS stating this. How to file for 2012 taxes Form 56, Notice Concerning Fiduciary Relationship, is used for this purpose. How to file for 2012 taxes See the Instructions for Form 56 for filing requirements and other information. How to file for 2012 taxes   File Form 56 as soon as all the necessary information (including the EIN) is available. How to file for 2012 taxes It notifies the IRS that you, as the fiduciary, are assuming the powers, rights, duties, and privileges of the decedent. How to file for 2012 taxes The notice remains in effect until you notify the IRS (by filing another Form 56) that your fiduciary relationship with the estate has terminated. How to file for 2012 taxes Termination of fiduciary relationship. How to file for 2012 taxes   Form 56 should also be filed to notify the IRS if your fiduciary relationship is terminated or when a successor fiduciary is appointed if the estate has not been terminated. How to file for 2012 taxes See Form 56 and its instructions for more information. How to file for 2012 taxes   At the time of termination of the fiduciary relationship, you may want to file Form 4810, Request for Prompt Assessment Under Internal Revenue Code Section 6501(d), and Form 5495, Request for Discharge From Personal Liability Under Internal Revenue Code Section 2204 or 6905, to wind up your duties as fiduciary. How to file for 2012 taxes See below for a discussion of these forms. How to file for 2012 taxes Request for prompt assessment (charge) of tax. How to file for 2012 taxes   The IRS ordinarily has 3 years from the date an income tax return is filed, or its due date, whichever is later, to charge any additional tax due. How to file for 2012 taxes However, as a personal representative, you may request a prompt assessment of tax after the return has been filed. How to file for 2012 taxes This reduces the time for making the assessment to 18 months from the date the written request for prompt assessment was received. How to file for 2012 taxes This request can be made for any tax return (except the estate tax return) of the decedent or the decedent's estate. How to file for 2012 taxes This may permit a quicker settlement of the tax liability of the estate and an earlier final distribution of the assets to the beneficiaries. How to file for 2012 taxes Form 4810. How to file for 2012 taxes   Form 4810 can be used for making this request. How to file for 2012 taxes It must be filed separately from any other document. How to file for 2012 taxes   As the personal representative for the decedent's estate, you are responsible for any additional taxes that may be due. How to file for 2012 taxes You can request prompt assessment of any of the decedent's taxes (other than federal estate taxes) for any years for which the statutory period for assessment is open. How to file for 2012 taxes This applies even though the returns were filed before the decedent's death. How to file for 2012 taxes Failure to report income. How to file for 2012 taxes   If you or the decedent failed to report substantial amounts of gross income (more than 25% of the gross income reported on the return) or filed a false or fraudulent return, your request for prompt assessment will not shorten the period during which the IRS may assess the additional tax. How to file for 2012 taxes However, such a request may relieve you of personal liability for the tax if you did not have knowledge of the unpaid tax. How to file for 2012 taxes Request for discharge from personal liability for tax. How to file for 2012 taxes   An executor can make a request for discharge from personal liability for a decedent's income, gift, and estate taxes. How to file for 2012 taxes The request must be made after the returns for those taxes are filed. How to file for 2012 taxes To make the request, file Form 5495. How to file for 2012 taxes For this purpose, an executor is an executor or administrator that is appointed, qualified, and acting within the United States. How to file for 2012 taxes   Within 9 months after receipt of the request, the IRS will notify the executor of the amount of taxes due. How to file for 2012 taxes If this amount is paid, the executor will be discharged from personal liability for any future deficiencies. How to file for 2012 taxes If the IRS has not notified the executor, he or she will be discharged from personal liability at the end of the 9-month period. How to file for 2012 taxes    Even if the executor is discharged from personal liability, the IRS will still be able to assess tax deficiencies against the executor to the extent he or she still has any of the decedent's property. How to file for 2012 taxes Insolvent estate. How to file for 2012 taxes   Generally, if a decedent's estate is insufficient to pay all the decedent's debts, the debts due to the United States must be paid first. How to file for 2012 taxes Both the decedent's federal income tax liabilities at the time of death and the estate's income tax liability are debts due to the United States. How to file for 2012 taxes The personal representative of an insolvent estate is personally responsible for any tax liability of the decedent or of the estate if he or she had notice of such tax obligations or failed to exercise due care in determining if such obligations existed before distribution of the estate's assets and before being discharged from duties. How to file for 2012 taxes The extent of such personal responsibility is the amount of any other payments made before paying the debts due to the United States, except where such other debt paid has priority over the debts due to the United States. How to file for 2012 taxes Income tax liabilities need not be formally assessed for the personal representative to be liable if he or she was aware or should have been aware of their existence. How to file for 2012 taxes Fees Received by Personal Representatives All personal representatives must include fees paid to them from an estate in their gross income. How to file for 2012 taxes If you are not in the trade or business of being an executor (for instance, you are the executor of a friend's or relative's estate), report these fees on your Form 1040, line 21. How to file for 2012 taxes If you are in the trade or business of being an executor, report fees received from the estate as self-employment income on Schedule C or Schedule C-EZ of your Form 1040. How to file for 2012 taxes If the estate operates a trade or business and you, as executor, actively participate in the trade or business while fulfilling your duties, any fees you receive related to the operation of the trade or business must be reported as self-employment income on Schedule C (or Schedule C-EZ) of your Form 1040. How to file for 2012 taxes Final Income Tax Return for Decedent—Form 1040 The personal representative (defined earlier) must file the final income tax return (Form 1040) of the decedent for the year of death and any returns not filed for preceding years. How to file for 2012 taxes A surviving spouse, under certain circumstances, may have to file the returns for the decedent. How to file for 2012 taxes See Joint Return, later. How to file for 2012 taxes Return for preceding year. How to file for 2012 taxes   If an individual died after the close of the tax year, but before the return for that year was filed, the return for the year just closed will not be the final return. How to file for 2012 taxes The return for that year will be a regular return and the personal representative must file it. How to file for 2012 taxes Example. How to file for 2012 taxes Samantha Smith died on March 21, 2013, before filing her 2012 tax return. How to file for 2012 taxes Her personal representative must file her 2012 return by April 15, 2013. How to file for 2012 taxes Her final tax return covering the period from January 1, 2013, to March 20, 2013, is due April 15, 2014. How to file for 2012 taxes Name, Address, and Signature Write the word “DECEASED,” the decedent's name, and the date of death across the top of the tax return. How to file for 2012 taxes If filing a joint return, write the name and address of the decedent and the surviving spouse in the name and address fields. How to file for 2012 taxes If a joint return is not being filed, write the decedent's name in the name field and the personal representative's name and address in the address field. How to file for 2012 taxes Third party designee. How to file for 2012 taxes   You can check the “Yes” box in the Third Party Designee area on page 2 of the return to authorize the IRS to discuss the return with a friend, family member, or any other person you choose. How to file for 2012 taxes This allows the IRS to call the person you identified as the designee to answer any questions that may arise during the processing of the return. How to file for 2012 taxes It also allows the designee to perform certain actions. How to file for 2012 taxes See the Instructions for Form 1040 for details. How to file for 2012 taxes Signature. How to file for 2012 taxes   If a personal representative has been appointed, that person must sign the return. How to file for 2012 taxes If it is a joint return, the surviving spouse must also sign it. How to file for 2012 taxes If no personal representative has been appointed, the surviving spouse (on a joint return) signs the return and writes in the signature area “Filing as surviving spouse. How to file for 2012 taxes ” If no personal representative has been appointed and if there is no surviving spouse, the person in charge of the decedent's property must file and sign the return as “personal representative. How to file for 2012 taxes ” Paid preparer. How to file for 2012 taxes   If you pay someone to prepare, assist in preparing, or review the tax return, that person must sign the return and fill in the other blanks in the Paid Preparer Use Only area of the return. How to file for 2012 taxes See the Form 1040 instructions for details. How to file for 2012 taxes When and Where To File The final income tax return is due at the same time the decedent's return would have been due had death not occurred. How to file for 2012 taxes A final return for a decedent who was a calendar year taxpayer is generally due on April 15 following the year of death, regardless of when during that year death occurred. How to file for 2012 taxes However, when the due date falls on a Saturday, Sunday, or legal holiday, the return is filed timely if filed by the next business day. How to file for 2012 taxes The tax return must be prepared for the year of death regardless of when during the year death occurred. How to file for 2012 taxes Generally, you must file the final income tax return of the decedent with the Internal Revenue Service Center for the place where you live. How to file for 2012 taxes A tax return for a decedent can be electronically filed. How to file for 2012 taxes A personal representative may also obtain an income tax filing extension on behalf of a decedent. How to file for 2012 taxes Filing Requirements The gross income, age, and filing status of a decedent generally determine whether a return must be filed. How to file for 2012 taxes Gross income is all income received by an individual from any source in the form of money, goods, property, and services that is not tax-exempt. How to file for 2012 taxes It includes gross receipts from self-employment, but if the business involves manufacturing, merchandising, or mining, subtract any cost of goods sold. How to file for 2012 taxes In general, filing status depends on whether the decedent was considered single or married at the time of death. How to file for 2012 taxes See the income tax return instructions or Publication 501, Exemptions, Standard Deduction, and Filing Information. How to file for 2012 taxes Refund A return must be filed to obtain a refund if tax was withheld from salaries, wages, pensions, or annuities, or if estimated tax was paid, even if a return is not otherwise required to be filed. How to file for 2012 taxes Also, the decedent may be entitled to other credits that result in a refund. How to file for 2012 taxes These advance payments of tax and credits are discussed later under Credits, Other Taxes, and Payments. How to file for 2012 taxes Form 1310, Statement of Person Claiming Refund Due a Deceased Taxpayer. How to file for 2012 taxes   Form 1310 does not have to be filed if you are claiming a refund and you are: A surviving spouse filing an original or amended joint return with the decedent, or A court-appointed or certified personal representative filing the decedent’s original return and a copy of the court certificate showing your appointment is attached to the return. How to file for 2012 taxes   If the personal representative is filing a claim for refund on Form 1040X, Amended U. How to file for 2012 taxes S. How to file for 2012 taxes Individual Income Tax Return, or Form 843, Claim for Refund and Request for Abatement, and the court certificate has already been filed with the IRS, attach Form 1310 and write “Certificate Previously Filed” at the bottom of the form. How to file for 2012 taxes Example. How to file for 2012 taxes Edward Green died before filing his tax return. How to file for 2012 taxes You were appointed the personal representative for Edward's estate, and you file his Form 1040 showing a refund due. How to file for 2012 taxes You do not need Form 1310 to claim the refund if you attach a copy of the court certificate showing you were appointed the personal representative. How to file for 2012 taxes    If you are a surviving spouse and you receive a tax refund check in both your name and your deceased spouse's name, you can have the check reissued in your name alone. How to file for 2012 taxes Return the joint-name check marked “VOID” to your local IRS office or the service center where you mailed your return, along with a written request for reissuance of the refund check. How to file for 2012 taxes A new check will be issued in your name and mailed to you. How to file for 2012 taxes Death certificate. How to file for 2012 taxes   When filing the decedent's final income tax return, do not attach the death certificate or other proof of death to the final return. How to file for 2012 taxes Instead, keep it for your records and provide it if requested. How to file for 2012 taxes Nonresident Alien If the decedent was a nonresident alien who would have had to file Form 1040NR, U. How to file for 2012 taxes S. How to file for 2012 taxes Nonresident Alien Income Tax Return, you must file that form for the decedent's final tax year. How to file for 2012 taxes See the Instructions for Form 1040NR for the filing requirements, due date, and where to file. How to file for 2012 taxes Joint Return Generally, the personal representative and the surviving spouse can file a joint return for the decedent and the surviving spouse. How to file for 2012 taxes However, the surviving spouse alone can file the joint return if no personal representative has been appointed before the due date for filing the final joint return for the year of death. How to file for 2012 taxes This also applies to the return for the preceding year if the decedent died after the close of the preceding tax year and before filing the return for that year. How to file for 2012 taxes The income of the decedent that was includible on his or her return for the year up to the date of death (see Income To Include, later) and the income of the surviving spouse for the entire year must be included in the final joint return. How to file for 2012 taxes A final joint return with the decedent cannot be filed if the surviving spouse remarried before the end of the year of the decedent's death. How to file for 2012 taxes The filing status of the decedent in this instance is married filing a separate return. How to file for 2012 taxes For information about tax benefits to which a surviving spouse may be entitled, see Tax Benefits for Survivors, later, under Other Tax Information. How to file for 2012 taxes Personal representative may revoke joint return election. How to file for 2012 taxes   A court-appointed personal representative may revoke an election to file a joint return previously made by the surviving spouse alone. How to file for 2012 taxes This is done by filing a separate return for the decedent within one year from the due date of the return (including any extensions). How to file for 2012 taxes The joint return made by the surviving spouse will then be regarded as the separate return of that spouse by excluding the decedent's items and refiguring the tax liability. How to file for 2012 taxes Relief from joint liability. How to file for 2012 taxes   In some cases, one spouse may be relieved of joint liability for tax, interest, and penalties on a joint return for items of the other spouse that were incorrectly reported on the joint return. How to file for 2012 taxes If the decedent qualified for this relief while alive, the personal representative can pursue an existing request, or file a request, for relief from joint liability. How to file for 2012 taxes For information on requesting this relief, see Publication 971, Innocent Spouse Relief. How to file for 2012 taxes Income To Include The decedent's income includible on the final return is generally determined as if the person were still alive except that the taxable period is usually shorter because it ends on the date of death. How to file for 2012 taxes The method of accounting regularly used by the decedent before death also determines the income includible on the final return. How to file for 2012 taxes This section explains how some types of income are reported on the final return. How to file for 2012 taxes For more information about accounting methods, see Publication 538, Accounting Periods and Methods. How to file for 2012 taxes Cash Method If the decedent accounted for income under the cash method, only those items actually or constructively received before death are included on the final return. How to file for 2012 taxes Constructive receipt of income. How to file for 2012 taxes   Interest from coupons on the decedent's bonds is constructively received by the decedent if the coupons matured in the decedent's final tax year, but had not been cashed. How to file for 2012 taxes Include the interest income on the final return. How to file for 2012 taxes   Generally, a dividend is considered constructively received if it was available for use by the decedent without restriction. How to file for 2012 taxes If the corporation customarily mailed its dividend checks, the dividend was includible when received. How to file for 2012 taxes If the individual died between the time the dividend was declared and the time it was received in the mail, the decedent did not constructively receive it before death. How to file for 2012 taxes Do not include the dividend in the final return. How to file for 2012 taxes Accrual Method Generally, under an accrual method of accounting, income is reported when earned. How to file for 2012 taxes If the decedent used an accrual method, only the income items normally accrued before death are included on the final return. How to file for 2012 taxes Interest and Dividend Income (Forms 1099) Form(s) 1099 reporting interest and dividends earned by the decedent before death should be received and the amounts included on the decedent's final return. How to file for 2012 taxes A separate Form 1099 should show the interest and dividends earned after the date of the decedent's death and paid to the estate or other recipient that must include those amounts on its return. How to file for 2012 taxes You can request corrected Forms 1099 if these forms do not properly reflect the right recipient or amounts. How to file for 2012 taxes For example, a Form 1099-INT, reporting interest payable to the decedent, may include income that should be reported on the final income tax return of the decedent, as well as income that the estate or other recipient should report, either as income earned after death or as income in respect of the decedent (discussed later). How to file for 2012 taxes For income earned after death, you should ask the payer for a Form 1099 that properly identifies the recipient (by name and identification number) and the proper amount. How to file for 2012 taxes If that is not possible, or if the form includes an amount that represents income in respect of the decedent, report the interest as shown next under How to report. How to file for 2012 taxes See U. How to file for 2012 taxes S. How to file for 2012 taxes savings bonds acquired from decedent under Income in Respect of a Decedent, later, for information on savings bond interest that may have to be reported on the final return. How to file for 2012 taxes How to report. How to file for 2012 taxes   If you are preparing the decedent's final return and you have received a Form 1099-INT for the decedent that includes amounts belonging to the decedent and to another recipient (the decedent's estate or another beneficiary), report the total interest shown on Form 1099-INT on Schedule B (Form 1040A or 1040), Interest and Ordinary Dividends. How to file for 2012 taxes Next, enter a subtotal of the interest shown on Forms 1099, and the interest reportable from other sources for which you did not receive Forms 1099. How to file for 2012 taxes Then, show any interest (including any interest you receive as a nominee) belonging to another recipient separately and subtract it from the subtotal. How to file for 2012 taxes Identify the amount of this adjustment as “Nominee Distribution” or other appropriate designation. How to file for 2012 taxes   Report dividend income for which you received a Form 1099-DIV, Dividends and Distributions, on the appropriate schedule using the same procedure. How to file for 2012 taxes    Note. How to file for 2012 taxes If the decedent received amounts as a nominee, you must give the actual owner a Form 1099, unless the owner is the decedent's spouse. How to file for 2012 taxes See General Instructions for Certain Information Returns (Forms 1097, 1098, 1099, 3921, 3922, 5498, and W-2G) for more information on filing Forms 1099. How to file for 2012 taxes Partnership Income The death of a partner closes the partnership's tax year for that partner. How to file for 2012 taxes Generally, it does not close the partnership's tax year for the remaining partners. How to file for 2012 taxes The decedent's distributive share of partnership items must be figured as if the partnership's tax year ended on the date the partner died. How to file for 2012 taxes To avoid an interim closing of the partnership books, the partners can agree to estimate the decedent's distributive share by prorating the amounts the partner would have included for the entire partnership tax year. How to file for 2012 taxes On the decedent's final return, include the decedent's distributive share of partnership items for the following periods. How to file for 2012 taxes The partnership's tax year that ended within or with the decedent's final tax year (the year ending on the date of death). How to file for 2012 taxes The period, if any, from the end of the partnership's tax year in (1) to the decedent's date of death. How to file for 2012 taxes Example. How to file for 2012 taxes Mary Smith was a partner in XYZ partnership and reported her income on a tax year ending December 31. How to file for 2012 taxes The partnership uses a tax year ending June 30. How to file for 2012 taxes Mary died August 31, 2013, and her estate established its tax year through August 31. How to file for 2012 taxes The distributive share of partnership items based on the decedent's partnership interest is reported as follows. How to file for 2012 taxes Final Return for the Decedent—January 1 through August 31, 2013, includes XYZ partnership items from (a) the partnership tax year ending June 30, 2013, and (b) the partnership tax year beginning July 1, 2013, and ending August 31, 2013 (the date of death). How to file for 2012 taxes Income Tax Return of the Estate—September 1, 2013, through August 31, 2014, includes XYZ partnership items for the period September 1, 2013, through June 30, 2014. How to file for 2012 taxes S Corporation Income If the decedent was a shareholder in an S corporation, include on the final return the decedent's share of the S corporation's items of income, loss, deduction, and credit for the following periods. How to file for 2012 taxes The corporation's tax year that ended within or with the decedent's final tax year (the year ending on the date of death). How to file for 2012 taxes The period, if any, from the end of the corporation's tax year in (1) to the decedent's date of death. How to file for 2012 taxes Self-Employment Income Include self-employment income actually or constructively received or accrued, depending on the decedent's accounting method. How to file for 2012 taxes For self-employment tax purposes only, the decedent's self-employment income will include the decedent's distributive share of a partnership's income or loss through the end of the month in which death occurred. How to file for 2012 taxes For this purpose, the partnership's income or loss is considered to be earned ratably over the partnership's tax year. How to file for 2012 taxes Community Income If the decedent was married and domiciled in a community property state, half of the income received and half of the expenses paid during the decedent's tax year by either the decedent or spouse may be considered to be the income and expenses of the other. How to file for 2012 taxes For more information, see Publication 555, Community Property. How to file for 2012 taxes HSA, Archer MSA, or Medicare Advantage MSA The treatment of an HSA (health savings account), an Archer MSA (medical savings account), or a Medicare Advantage MSA at the death of the account holder, depends on who acquires the interest in the account. How to file for 2012 taxes If the decedent's estate acquires the interest, the fair market value (FMV) of the assets in the account on the date of death is included in income on the decedent's final return. How to file for 2012 taxes The estate tax deduction, discussed later, does not apply to this amount. How to file for 2012 taxes If a beneficiary acquires the interest, see the discussion under Income in Respect of a Decedent, later. How to file for 2012 taxes For other information on HSAs, Archer MSAs, or Medicare Advantage MSAs, see Publication 969, Health Savings Accounts and Other Tax-Favored Health Plans. How to file for 2012 taxes Coverdell Education Savings Account (ESA) Generally, the balance in a Coverdell ESA must be distributed within 30 days after the individual for whom the account was established reaches age 30, or dies, whichever is earlier. How to file for 2012 taxes The treatment of the Coverdell ESA at the death of an individual under age 30 depends on who acquires the interest in the account. How to file for 2012 taxes If the decedent's estate acquires the interest, the earnings on the account must be included on the final income tax return of the decedent. How to file for 2012 taxes The estate tax deduction, discussed later, does not apply to this amount. How to file for 2012 taxes If a beneficiary acquires the interest, see the discussion under Income in Respect of a Decedent, later. How to file for 2012 taxes The age 30 limitation does not apply if the individual for whom the account was established or the beneficiary that acquires the account is an individual with special needs. How to file for 2012 taxes This includes an individual who, because of a physical, mental, or emotional condition (including a learning disability), requires additional time to complete his or her education. How to file for 2012 taxes For more information on Coverdell ESAs, see Publication 970, Tax Benefits for Education. How to file for 2012 taxes Accelerated Death Benefits Accelerated death benefits are amounts received under a life insurance contract before the death of the insured individual. How to file for 2012 taxes These benefits also include amounts received on the sale or assignment of the contract to a viatical settlement provider. How to file for 2012 taxes Generally, if the decedent received accelerated death benefits on the life of a terminally or chronically ill individual, whether on his or her own life or on the life of another person, those benefits are not included in the decedent's income. How to file for 2012 taxes For more information, see the discussion under Gifts, Insurance, and Inheritances under Other Tax Information, later. How to file for 2012 taxes Exemptions and Deductions Generally, the rules for exemptions and deductions allowed to an individual also apply to the decedent's final income tax return. How to file for 2012 taxes Show on the final return deductible items the decedent paid (or accrued, if the decedent reported deductions on an accrual method) before death. How to file for 2012 taxes This section contains a detailed discussion of medical expenses because the tax treatment of the decedent's medical expenses can be different. How to file for 2012 taxes See Medical Expenses, later. How to file for 2012 taxes Exemptions You can claim the decedent's personal exemption on the final income tax return. How to file for 2012 taxes If the decedent was another person's dependent (for example, a parent's), you cannot claim the personal exemption on the decedent's final return. How to file for 2012 taxes Standard Deduction If you do not itemize deductions on the final return, the full amount of the appropriate standard deduction is allowed regardless of the date of death. How to file for 2012 taxes For information on the appropriate standard deduction, see the Form 1040 income tax return instructions or Publication 501. How to file for 2012 taxes Medical Expenses Medical expenses paid before death by the decedent are deductible, subject to limits, on the final income tax return if deductions are itemized. How to file for 2012 taxes This includes expenses for the decedent, as well as for the decedent's spouse and dependents. How to file for 2012 taxes Beginning in 2013, medical expenses exceeding 10% of adjusted gross income (AGI) may be deducted, unless the decedent or their spouse is age 65 or older. How to file for 2012 taxes In that case medical expenses exceeding 7. How to file for 2012 taxes 5% of AGI may be deducted. How to file for 2012 taxes Qualified medical expenses are not deductible if paid with a tax-free distribution from an HSA or an Archer MSA. How to file for 2012 taxes Election for decedent's expenses. How to file for 2012 taxes   Medical expenses not paid before death are liabilities of the estate and are shown on the federal estate tax return (Form 706). How to file for 2012 taxes However, if medical expenses for the decedent are paid out of the estate during the 1-year period beginning with the day after death, you can elect to treat all or part of the expenses as paid by the decedent at the time they were incurred. How to file for 2012 taxes   If you make the election, you can claim all or part of the expenses on the decedent's income tax return (if deductions are itemized) rather than on the federal estate tax return (Form 706). How to file for 2012 taxes You can deduct expenses incurred in the year of death on the final income tax return. How to file for 2012 taxes You should file an amended return (Form 1040X) for medical expenses incurred in an earlier year, unless the statutory period for filing a claim for that year has expired. How to file for 2012 taxes   The amount you can deduct on the income tax return is the amount above 10% of adjusted gross income (or 7. How to file for 2012 taxes 5% of adjusted gross income if the decedent or the decedent's spouse was born before January 2, 1949). How to file for 2012 taxes Amounts not deductible because of this percentage cannot be claimed on the federal estate tax return. How to file for 2012 taxes Making the election. How to file for 2012 taxes   You make the election by attaching a statement, in duplicate, to the decedent's income tax return or amended return. How to file for 2012 taxes The statement must state that you have not claimed the amount as an estate tax deduction, and that the estate waives the right to claim the amount as a deduction. How to file for 2012 taxes This election applies only to expenses incurred for the decedent, not to expenses incurred to provide medical care for dependents. How to file for 2012 taxes Example. How to file for 2012 taxes Richard Brown used the cash method of accounting and filed his income tax return on a calendar year basis. How to file for 2012 taxes Richard died on June 1, 2013, at the age of 78, after incurring $800 in medical expenses. How to file for 2012 taxes Of that amount, $500 was incurred in 2012 and $300 was incurred in 2013. How to file for 2012 taxes Richard itemized his deductions when he filed his 2012 income tax return. How to file for 2012 taxes The personal representative of the estate paid the entire $800 liability in August 2013. How to file for 2012 taxes The personal representative may file an amended return (Form 1040X) for 2012 claiming the $500 medical expense as a deduction, subject to the 7. How to file for 2012 taxes 5% limit. How to file for 2012 taxes The $300 of expenses incurred in 2013 can be deducted on the final income tax return if deductions are itemized, subject to the 7. How to file for 2012 taxes 5% limit. How to file for 2012 taxes The personal representative must file a statement in duplicate with each return stating that these amounts have not been claimed on the federal estate tax return (Form 706), and waiving the right to claim such a deduction on Form 706 in the future. How to file for 2012 taxes Medical expenses not paid by estate. How to file for 2012 taxes   If you paid medical expenses for your deceased spouse or dependent, claim the expenses on your tax return for the year in which you paid them, whether they are paid before or after the decedent's death. How to file for 2012 taxes If the decedent was a child of divorced or separated parents, the medical expenses can usually be claimed by both the custodial and noncustodial parent to the extent paid by that parent during the year. How to file for 2012 taxes Insurance reimbursements. How to file for 2012 taxes   Insurance reimbursements of previously deducted medical expenses due a decedent at the time of death and later received by the decedent's estate are includible in the income tax return of the estate (Form 1041) for the year the reimbursements are received. How to file for 2012 taxes The reimbursements are also includible in the decedent's gross estate. How to file for 2012 taxes No deduction for funeral expenses can be taken on the final Form 1040 of a decedent. How to file for 2012 taxes These expenses may be deductible for estate tax purposes on Form 706. How to file for 2012 taxes Deduction for Losses A decedent's net operating loss deduction from a prior year and any capital losses (including capital loss carryovers) can be deducted only on the decedent's final income tax return. How to file for 2012 taxes A net operating loss on the decedent's final income tax return can be carried back to prior years. How to file for 2012 taxes (See Publication 536, Net Operating Losses (NOLs) for Individuals, Estates, and Trusts. How to file for 2012 taxes ) You cannot deduct any unused net operating loss or capital loss on the estate's income tax return. How to file for 2012 taxes At-risk loss limits. How to file for 2012 taxes   Special at-risk rules apply to most activities that are engaged in as a trade or business or for the production of income. How to file for 2012 taxes   These rules limit the deductible loss to the amount which the individual was considered at-risk in the activity. How to file for 2012 taxes An individual generally will be considered at-risk to the extent of the money and the adjusted basis of property that he or she contributed to the activity and certain amounts the individual borrowed for use in the activity. How to file for 2012 taxes An individual will be considered at-risk for amounts borrowed only if he or she was personally liable for the repayment or if the amounts borrowed were secured by property other than that used in the activity. How to file for 2012 taxes The individual is not considered at-risk for borrowed amounts if the lender has an interest in the activity or if the lender is related to a person who has an interest in the activity. How to file for 2012 taxes For more information, see Publication 925, Passive Activity and At-Risk Rules. How to file for 2012 taxes Passive activity rules. How to file for 2012 taxes   A passive activity is any trade or business activity in which the taxpayer does not materially participate. How to file for 2012 taxes To determine material participation, see Publication 925. How to file for 2012 taxes Rental activities are passive activities regardless of the taxpayer's participation, unless the taxpayer meets certain eligibility requirements. How to file for 2012 taxes   Individuals, estates, and trusts can offset passive activity losses only against passive activity income. How to file for 2012 taxes Passive activity losses or credits not allowed in one tax year can be carried forward to the next year. How to file for 2012 taxes   If a passive activity interest is transferred because a taxpayer dies, the accumulated unused passive activity losses are allowed as a deduction against the decedent's income in the year of death. How to file for 2012 taxes Losses are allowed only to the extent they are greater than the excess of the transferee's (recipient of the interest transferred) basis in the property over the decedent's adjusted basis in the property immediately before death. How to file for 2012 taxes The part of the accumulated losses equal to the excess is not allowed as a deduction for any tax year. How to file for 2012 taxes   Use Form 8582, Passive Activity Loss Limitations, to summarize losses and income from passive activities and to figure the amounts allowed. How to file for 2012 taxes For more information, see Publication 925. How to file for 2012 taxes Credits, Other Taxes, and Payments Discussed below are some of the tax credits, types of taxes that may be owed, income tax withheld, and estimated tax payments reported on the final return of a decedent. How to file for 2012 taxes Credits On the final income tax return, you can claim any tax credits that applied to the decedent before death. How to file for 2012 taxes Some of these credits are discussed next. How to file for 2012 taxes Earned income credit. How to file for 2012 taxes   If the decedent was an eligible individual, you can claim the earned income credit on the decedent's final return even though the return covers less than 12 months. How to file for 2012 taxes If the allowable credit is more than the tax liability for the year, the excess is refunded. How to file for 2012 taxes   For more information, see Publication 596, Earned Income Credit (EIC). How to file for 2012 taxes Credit for the elderly or the disabled. How to file for 2012 taxes   This credit is allowable on a decedent's final income tax return if the decedent met both of the following requirements in the year of death. How to file for 2012 taxes The decedent: Was a “qualified individual,” and Had income (adjusted gross income (AGI) and nontaxable social security and pensions) less than certain limits. How to file for 2012 taxes   For details on qualifying for or figuring the credit, see Publication 524, Credit for the Elderly or the Disabled. How to file for 2012 taxes Child tax credit. How to file for 2012 taxes   If the decedent had a qualifying child, you may be able to claim the child tax credit on the decedent's final return even though the return covers less than 12 months. How to file for 2012 taxes You may be able to claim the additional child tax credit and get a refund if the credit is more than the decedent's liability. How to file for 2012 taxes For more information, see the Instructions for Form 1040. How to file for 2012 taxes Adoption credit. How to file for 2012 taxes   Depending upon when the adoption was finalized, this credit may be taken on a decedent's final income tax return if the decedent: Adopted an eligible child and paid qualified adoption expenses, or Has a carryforward of an adoption credit from a prior year. How to file for 2012 taxes   Also, if the decedent is survived by a spouse who meets the filing status of qualifying widow(er), unused adoption credit may be carried forward and used following the death of the decedent. How to file for 2012 taxes See Form 8839, Qualified Adoption Expenses, and its instructions for more details. How to file for 2012 taxes General business tax credit. How to file for 2012 taxes   The general business credit available to a taxpayer is limited. How to file for 2012 taxes Any credit arising in a tax year beginning before 1998 that has not been used up can be carried forward for up to 15 years. How to file for 2012 taxes Any unused credit arising in a tax year beginning after 1997 has a 1-year carryback and a 20-year carryforward period. How to file for 2012 taxes   After the carryforward period, a deduction may be allowed for any unused business credit. How to file for 2012 taxes If the taxpayer dies before the end of the carryforward period, the deduction generally is allowed in the year of death. How to file for 2012 taxes   For more information on the general business credit, see Publication 334, Tax Guide for Small Business. How to file for 2012 taxes Other Taxes Taxes other than income tax that may be owed on the final return of a decedent include self-employment tax and alternative minimum tax, which are reported on Form 1040. How to file for 2012 taxes Self-employment tax. How to file for 2012 taxes   Self-employment tax may be owed on the final return if either of the following applied to the decedent in the year of death: Net earnings from self-employment (excluding income described in (2)) were $400 or more; or Wages from services performed as a church employee were $108. How to file for 2012 taxes 28 or more. How to file for 2012 taxes Alternative minimum tax (AMT). How to file for 2012 taxes   The tax laws give special treatment to certain types of income and allow special deductions and credits for certain types of expenses. How to file for 2012 taxes The alternative minimum tax (AMT) was enacted so taxpayers who benefit from these laws still pay at least a minimum amount of tax. How to file for 2012 taxes In general, the AMT is the excess of the tentative minimum tax over the regular tax shown on the return. How to file for 2012 taxes Form 6251. How to file for 2012 taxes    Use Form 6251, Alternative Minimum Tax—Individuals, to determine if this tax applies to the decedent. How to file for 2012 taxes See the form instructions for information on when you must attach Form 6251 to Form 1040. How to file for 2012 taxes Form 8801. How to file for 2012 taxes   If the decedent paid AMT in a previous year or had a credit carryforward, the decedent may be eligible for a minimum tax credit. How to file for 2012 taxes See Form 8801, Credit for Prior Year Minimum Tax—Individuals, Estates, and Trusts. How to file for 2012 taxes Payments of Tax The income tax withheld from the decedent's salary, wages, pensions, or annuities, and the amount paid as estimated tax are credits (advance payments of tax) that must be claimed on the final return. How to file for 2012 taxes Tax Forgiveness for Armed Forces Members, Victims of Terrorism, and Astronauts Income tax liability may be forgiven for a decedent who dies due to service in a combat zone, due to military or terrorist actions, as a result of a terrorist attack, or while serving in the line of duty as an astronaut. How to file for 2012 taxes Combat Zone If a member of the Armed Forces of the United States dies while in active service in a combat zone or from wounds, disease, or injury incurred in a combat zone, the decedent's income tax liability is abated (forgiven) for the entire year in which death occurred and for any prior tax year ending on or after the first day the person served in a combat zone in active service. How to file for 2012 taxes For this purpose, a qualified hazardous duty area is treated as a combat zone. How to file for 2012 taxes If the tax (including interest, additions to the tax, and additional amounts) for these years has been assessed, the assessment will be forgiven. How to file for 2012 taxes If the tax has been collected (regardless of the date of collection), that tax will be credited or refunded. How to file for 2012 taxes Any of the decedent's income tax for tax years before those mentioned above that remains unpaid as of the actual (or presumptive) date of death will not be assessed. How to file for 2012 taxes If any unpaid tax (including interest, additions to the tax, and additional amounts) has been assessed, this assessment will be forgiven. How to file for 2012 taxes Also, if any tax was collected after the date of death, that amount will be credited or refunded. How to file for 2012 taxes The date of death of a member of the Armed Forces reported as missing in action or as a prisoner of war is the date his or her name is removed from missing status for military pay purposes. How to file for 2012 taxes This is true even if death actually occurred earlier. How to file for 2012 taxes For other tax information for members of the Armed Forces, see Publication 3, Armed Forces' Tax Guide. How to file for 2012 taxes Military or Terrorist Actions The decedent's income tax liability is forgiven if, at death, he or she was a military or civilian employee of the United States who died because of wounds or injury incurred: While a U. How to file for 2012 taxes S. How to file for 2012 taxes employee, and In a military or terrorist action. How to file for 2012 taxes The forgiveness applies to the tax year in which death occurred and for any earlier tax year, beginning with the year before the year in which the wounds or injury occurred. How to file for 2012 taxes Example. How to file for 2012 taxes The income tax liability of a civilian employee of the United States who died in 2013 because of wounds incurred while a U. How to file for 2012 taxes S. How to file for 2012 taxes employee in a terrorist attack that occurred in 2008 will be forgiven for 2013 and for all prior tax years in the period 2007 through 2012. How to file for 2012 taxes Refunds are allowed for the tax years for which the period for filing a claim for refund has not ended, as discussed later. How to file for 2012 taxes Military or terrorist action defined. How to file for 2012 taxes   A military or terrorist action means the following. How to file for 2012 taxes Any terrorist activity that most of the evidence indicates was directed against the United States or any of its allies. How to file for 2012 taxes Any military action involving the U. How to file for 2012 taxes S. How to file for 2012 taxes Armed Forces and resulting from violence or aggression against the United States or any of its allies, or the threat of such violence or aggression. How to file for 2012 taxes   Terrorist activity includes criminal offenses intended to coerce, intimidate, or retaliate against the government or civilian population. How to file for 2012 taxes Military action does not include training exercises. How to file for 2012 taxes Any multinational force in which the United States is participating is treated as an ally of the United States. How to file for 2012 taxes Determining if a terrorist activity or military action has occurred. How to file for 2012 taxes   You may rely on published guidance from the IRS to determine if a particular event is considered a terrorist activity or military action. How to file for 2012 taxes Specified Terrorist Victim The Victims of Terrorism Tax Relief Act of 2001 (the Act) provides tax relief for those injured or killed as a result of terrorist attacks, certain survivors of those killed as a result of terrorist attacks, and others who were affected by terrorist attacks. How to file for 2012 taxes Under the Act, the federal income tax liability of those killed in the following attacks (specified terrorist victim) is forgiven for certain tax years. How to file for 2012 taxes The April 19, 1995, terrorist attack on the Alfred P. How to file for 2012 taxes Murrah Federal Building (Oklahoma City). How to file for 2012 taxes The September 11, 2001, terrorist attacks. How to file for 2012 taxes The terrorist attacks involving anthrax occurring after September 10, 2001, and before January 1, 2002. How to file for 2012 taxes The Act also exempts from federal income tax the following types of income. How to file for 2012 taxes Qualified disaster relief payments made after September 10, 2001, to cover personal, family, living, or funeral expenses incurred because of a terrorist attack. How to file for 2012 taxes Certain disability payments received in tax years ending after September 10, 2001, for injuries sustained in a terrorist attack. How to file for 2012 taxes Certain death benefits paid by an employer to the survivor of an employee because the employee died as a result of a terrorist attack. How to file for 2012 taxes Payments from the September 11th Victim Compensation Fund 2001. How to file for 2012 taxes The Act also reduces the estate tax of individuals who die as a result of a terrorist attack. How to file for 2012 taxes See Publication 3920, Tax Relief for Victims of Terrorist Attacks, for more information. How to file for 2012 taxes Astronauts Legislation extended the tax relief available under the Victims of Terrorism Tax Relief Act of 2001 (the Act) to astronauts who died in the line of duty after December 31, 2002. How to file for 2012 taxes The decedent's income tax liability is forgiven for the tax year in which death occurs, and for the tax year prior to death. How to file for 2012 taxes For information on death benefit payments and the reduction of federal estate taxes, see Publication 3920. How to file for 2012 taxes However, the discussions in that publication under Death Benefits and Estate Tax Reduction should be modified for astronauts (for example, by using the date of death of the astronaut instead of September 11, 2001). How to file for 2012 taxes For more information on the Act, see Publication 3920. How to file for 2012 taxes Claim for Credit or Refund If any of these tax-forgiveness situations applies to a prior year tax, any tax paid for which the period for filing a claim has not ended will be credited or refunded. How to file for 2012 taxes If any tax is still due, it will be canceled. How to file for 2012 taxes The normal period for filing a claim for credit or refund is 3 years after the return was filed or 2 years after the tax was paid, whichever is later. How to file for 2012 taxes If death occurred in a combat zone or from wounds, disease, or injury incurred in a combat zone, the period for filing the claim is extended by: The amount of time served in the combat zone (including any period in which the individual was in missing status), plus The period of continuous qualified hospitalization for injury from service in the combat zone, if any, plus The next 180 days. How to file for 2012 taxes Qualified hospitalization means any hospitalization outside the United States and any hospitalization in the United States of not more than 5 years. How to file for 2012 taxes This extended period for filing the claim also applies to a member of the Armed Forces who was deployed outside the United States in a designated contingency operation. How to file for 2012 taxes Filing a claim. How to file for 2012 taxes   Use the following procedures to file a claim. How to file for 2012 taxes If a U. How to file for 2012 taxes S. How to file for 2012 taxes individual income tax return (Form 1040, 1040A, or 1040EZ) has not been filed, you should make a claim for refund of any withheld income tax or estimated tax payments by filing Form 1040. How to file for 2012 taxes Form W-2, Wage and Tax Statement, must accompany all returns. How to file for 2012 taxes If a U. How to file for 2012 taxes S. How to file for 2012 taxes individual income tax return has been filed, you should make a claim for refund by filing Form 1040X. How to file for 2012 taxes You must file a separate Form 1040X for each year in question. How to file for 2012 taxes   You must file these returns and claims at the following address for regular mail (U. How to file for 2012 taxes S. How to file for 2012 taxes Postal Service). How to file for 2012 taxes    Internal Revenue Service 333 W. How to file for 2012 taxes Pershing, P5–6503 Kansas City, MO 64108   Identify all returns and claims for refund by writing “Iraq—KIA,” “Enduring Freedom—KIA,” “Kosovo Operation—KIA,” “Desert Storm—KIA,” or “Former Yugoslavia—KIA” in bold letters on the top of page 1 of the return or claim. How to file for 2012 taxes On the applicable return, write the same phrase on the line for total tax. How to file for 2012 taxes If the individual was killed in a terrorist or military action, put “KITA” on the front of the return and on the line for total tax. How to file for 2012 taxes   Include an attachment showing the computation of the decedent's tax liability and a computation of the amount to be forgiven. How to file for 2012 taxes On joint returns, make an allocation of the tax as described below under Joint returns. How to file for 2012 taxes If you cannot make a proper allocation, attach a statement of all income and deductions allocable to each spouse and the IRS will make the proper allocation. How to file for 2012 taxes   You must attach Form 1310 to all returns and claims for refund. How to file for 2012 taxes However, for exceptions to filing Form 1310, see Form 1310. How to file for 2012 taxes Statement of Person Claiming Refund Due a Deceased Taxpayer, under Refund, earlier. How to file for 2012 taxes   You must also attach proof of death that includes a statement that the individual was a U. How to file for 2012 taxes S. How to file for 2012 taxes employee on the date of injury and on the date of death and died as the result of a military or terrorist action. How to file for 2012 taxes For military and civilian employees of the Department of Defense, attach DD Form 1300, Report of Casualty. How to file for 2012 taxes For other U. How to file for 2012 taxes S. How to file for 2012 taxes civilian employees killed in the United States, attach a death certificate and a certification (letter) from the federal employer. How to file for 2012 taxes For other U. How to file for 2012 taxes S. How to file for 2012 taxes civilian employees killed overseas, attach a certification from the Department of State. How to file for 2012 taxes   If you do not have enough tax information to file a timely claim for refund, you can suspend the period for filing a claim by filing Form 1040X. How to file for 2012 taxes Attach Form 1310, any required documentation currently available, and a statement that you will file an amended claim as soon as you have the required tax information. How to file for 2012 taxes Joint returns. How to file for 2012 taxes   If a joint return was filed, only the decedent's part of the income tax liability is eligible for forgiveness. How to file for 2012 taxes Determine the decedent's tax liability as follows. How to file for 2012 taxes Figure the income tax for which the decedent would have been liable if a separate return had been filed. How to file for 2012 taxes Figure the income tax for which the spouse would have been liable if a separate return had been filed. How to file for 2012 taxes Multiply the joint tax liability by a fraction. How to file for 2012 taxes The numerator of the fraction is the amount in (1), above. How to file for 2012 taxes The denominator of the fraction is the total of (1) and (2). How to file for 2012 taxes   The resulting amount from (3) above is the decedent's tax liability eligible for forgiveness. How to file for 2012 taxes Filing Reminders To minimize the time needed to process the decedent's final return and issue any refund, be sure to follow these procedures. How to file for 2012 taxes Write “DECEASED,” the decedent's name, and the date of death across the top of the tax return. How to file for 2012 taxes If a personal representative has been appointed, the personal representative must sign the return. How to file for 2012 taxes If it is a joint return, the surviving spouse must also sign it. How to file for 2012 taxes If you are the decedent's spouse filing a joint return with the decedent and no personal representative has been appointed, write “Filing as surviving spouse” in the area where you sign the return. How to file for 2012 taxes If no personal representative has been appointed and if there is no surviving spouse, the person in charge of the decedent's property must file and sign the return as “personal representative. How to file for 2012 taxes ” To claim a refund for the decedent, do the following. How to file for 2012 taxes If you are the decedent's spouse filing a joint return with the decedent, file only the tax return to claim the refund. How to file for 2012 taxes If you are the personal representative and the return is not a joint return filed with the decedent's surviving spouse, file the return and attach a copy of the certificate that shows your appointment by the court. How to file for 2012 taxes (A power of attorney or a copy of the decedent's will is not acceptable evidence of your appointment as the personal representative. How to file for 2012 taxes ) If you are filing an amended return, attach Form 1310 and a copy of the certificate of appointment (or, if you have already sent the certificate of appointment to IRS, write “Certificate Previously Filed” at the bottom of Form 1310). How to file for 2012 taxes If you are not filing a joint return as the surviving spouse and a personal representative has not been appointed, file the return and attach Form 1310. How to file for 2012 taxes Other Tax Information Discussed below is information about the effect of an individual's death on the income tax liability of the survivors (including widows and widowers), the beneficiaries, and the estate. How to file for 2012 taxes Tax Benefits for Survivors Survivors can qualify for certain benefits when filing their own income tax returns. How to file for 2012 taxes Joint return by surviving spouse. How to file for 2012 taxes   A surviving spouse can file a joint return for the year of death and may qualify for special tax rates for the following 2 years, as explained under Qualifying widows and widowers, later. How to file for 2012 taxes Decedent as your dependent. How to file for 2012 taxes   If the decedent qualified as your dependent for a part of the year before death, you can claim the exemption for the dependent on your tax return, regardless of when death occurred during the year. How to file for 2012 taxes   If the decedent was your qualifying child, you may be able to claim the child tax credit or the earned income credit. How to file for 2012 taxes To determine if you qualify for the child tax credit, see the instructions for Form 1040, line 51; Form 1040A, line 33; or Form 1040NR, line 48. How to file for 2012 taxes To determine if you qualify for the earned income credit, see the instructions for Form 1040, lines 64a and 64b or Form 1040A, lines 38a and 38b. How to file for 2012 taxes Qualifying widows and widowers. How to file for 2012 taxes   If your spouse died within the 2 tax years preceding the year for which your return is being filed, you may be eligible to claim the filing status of qualifying widow(er) with dependent child and qualify to use the married-filing-jointly tax rates. How to file for 2012 taxes Requirements. How to file for 2012 taxes   Generally, you qualify for this special benefit if you meet all of the following requirements. How to file for 2012 taxes You were entitled to file a joint return with your spouse for the year of death—whether or not you actually filed jointly. How to file for 2012 taxes You did not remarry before the end of the current tax year. How to file for 2012 taxes You have a child, stepchild, or foster child who qualifies as your dependent for the tax year. How to file for 2012 taxes You provide more than half the cost of maintaining your home, which is the principal residence of that child for the entire year except for temporary absences. How to file for 2012 taxes Example. How to file for 2012 taxes William Burns' wife died in 2010. How to file for 2012 taxes William has not remarried and continued throughout 2011 and 2012 to maintain a home for himself and his dependent child. How to file for 2012 taxes For 2010, he was entitled to file a joint return for himself and his deceased wife. How to file for 2012 taxes For 2011 and 2012, he qualifies to file as a qualifying widower with dependent child. How to file for 2012 taxes For later years, he may qualify to file as a head of household. How to file for 2012 taxes Figuring your tax. How to file for 2012 taxes   Check the box on line 5 (Form 1040 or 1040A) under Filing Status on your tax return. How to file for 2012 taxes Use the Tax Rate Schedule or the column in the Tax Table for Married filing jointly, which gives you the split-income benefits. How to file for 2012 taxes   The last year you can file jointly with, or claim an exemption for, your deceased spouse is the year of death. How to file for 2012 taxes Joint return filing rules. How to file for 2012 taxes   If you are the surviving spouse and a personal representative is handling the estate for the decedent, you should coordinate filing your return for the year of death with this personal representative. How to file for 2012 taxes See Joint Return under Final Income Tax Return for Decedent—Form 1040, earlier. How to file for 2012 taxes Income in Respect of a Decedent All income the decedent would have received had death not occurred that was not properly includible on the final return, discussed earlier, is income in respect of a decedent. How to file for 2012 taxes If the decedent is a specified terrorist victim (see Specified Terrorist Victim, earlier), income received after the date of death and before the end of the decedent's tax year (determined without regard to death) is excluded from the recipient's gross income. How to file for 2012 taxes This exclusion does not apply to certain income. How to file for 2012 taxes For more information, see Publication 3920. How to file for 2012 taxes How To Report Income in respect of a decedent must be included in the income of one of the following. How to file for 2012 taxes The decedent's estate, if the estate receives it. How to file for 2012 taxes The beneficiary, if the right to income is passed directly to the beneficiary and the beneficiary receives it. How to file for 2012 taxes Any person to whom the estate properly distributes the right to receive it. How to file for 2012 taxes If you have to include income in respect of a decedent in your gross income and an estate tax return (Form 706) was filed for the decedent, you may be able to claim a deduction for the estate tax paid on that income. How to file for 2012 taxes See Estate Tax Deduction, later. How to file for 2012 taxes Example 1. How to file for 2012 taxes Frank Johnson owned and operated an apple orchard. How to file for 2012 taxes He used the cash method of accounting. How to file for 2012 taxes He sold and delivered 1,000 bushels of apples to a canning factory for $2,000, but did not receive payment before his death. How to file for 2012 taxes The proceeds from the sale are income in respect of a decedent. How to file for 2012 taxes When the estate was settled, payment had not been made and the estate transferred the right to the payment to his widow. How to file for 2012 taxes When Frank's widow collects the $2,000, she must include that amount in her return. How to file for 2012 taxes It is not reported on the final return of the decedent or on the return of the estate. How to file for 2012 taxes Example 2. How to file for 2012 taxes Assume the same facts as in Example 1, except that Frank used the accrual method of accounting. How to file for 2012 taxes The amount accrued from the sale of the apples would be included on his final return. How to file for 2012 taxes Neither the estate nor the widow would realize income in respect of a decedent when the money is later paid. How to file for 2012 taxes Example 3. How to file for 2012 taxes On February 1, George High, a cash method taxpayer, sold his tractor for $3,000, payable March 1 of the same year. How to file for 2012 taxes His adjusted basis in the tractor was $2,000. How to file for 2012 taxes George died on February 15, before receiving payment. How to file for 2012 taxes The gain to be reported as income in respect of a decedent is the $1,000 difference between the decedent's basis in the property and the sale proceeds. How to file for 2012 taxes In other words, the income in respect of a decedent is the gain the decedent would have realized had he lived. How to file for 2012 taxes Example 4. How to file for 2012 taxes Cathy O'Neil was entitled to a large salary payment at the date of her death. How to file for 2012 taxes The amount was to be paid in five annual installments. How to file for 2012 taxes The estate, after collecting two installments, distributed the right to the remaining installments to you, the beneficiary. How to file for 2012 taxes The payments are income in respect of a decedent. How to file for 2012 taxes None of the payments were includible on Cathy's final return. How to file for 2012 taxes The estate must include in its income the two installments it received, and you must include in your income each of the three installments as you receive them. How to file for 2012 taxes Example 5. How to file for 2012 taxes You inherited the right to receive renewal commissions on life insurance sold by your father before his death. How to file for 2012 taxes You inherited the right from your mother, who acquired it by bequest from your father. How to file for 2012 taxes Your mother died before she received all the commissions she had the right to receive, so you received the rest. How to file for 2012 taxes The commissions are income in respect of a decedent. How to file for 2012 taxes None of these commissions were includible in your father's final return. How to file for 2012 taxes The commissions received by your mother were included in her income. How to file for 2012 taxes The commissions you received are not includible in your mother's income, even on her final return. How to file for 2012 taxes You must include them in your income. How to file for 2012 taxes Character of income. How to file for 2012 taxes   The character of the income you receive in respect of a decedent remains the same as it would have been to the decedent if he or she were alive. How to file for 2012 taxes If the income would have been a capital gain to the decedent, it will be a capital gain to you. How to file for 2012 taxes Transfer of right to income. How to file for 2012 taxes   If you transfer your right to income in respect of a decedent, you must include in your income the greater of: The amount you receive for the right, or The fair market value of the right you transfer. How to file for 2012 taxes   If you make a gift of such a right, you must include in your income the fair market value of the right at the time of the gift. How to file for 2012 taxes   If the right to income from an installment obligation is transferred, the amount you must include in income is reduced by the basis of the obligation. How to file for 2012 taxes See Installment obligations, later. How to file for 2012 taxes Transfer defined. How to file for 2012 taxes   A transfer for this purpose includes a sale, exchange, or other disposition, the satisfaction of an installment obligation at other than face value, or the cancellation of an installment obligation. How to file for 2012 taxes Installment obligations. How to file for 2012 taxes   If the decedent sold property using the installment method and you are collecting payments on an installment obligation acquired from the decedent, use the same gross profit percentage the decedent used to figure the part of each payment that represents profit. How to file for 2012 taxes Include in your income the same profit the decedent would have included had death not occurred. How to file for 2012 taxes For more information, see Publication 537, Installment Sales. How to file for 2012 taxes   If you dispose of an installment obligation acquired from a decedent (other than by transfer to the obligor), the rules explained in Publication 537 for figuring gain or loss on the disposition apply to you. How to file for 2012 taxes Transfer to obligor. How to file for 2012 taxes   A transfer of a right to income, discussed earlier, has occurred if the decedent (seller) sold property using the installment method and the installment obligation was transferred to the obligor (buyer or person legally obligated to pay the installments). How to file for 2012 taxes A transfer also occurs if the obligation was canceled either at death or by the estate or person receiving the obligation from the decedent. How to file for 2012 taxes An obligation that becomes unenforceable is treated as having been canceled. How to file for 2012 taxes   If such a transfer occurs, the amount included in the income of the transferor (the estate or beneficiary) is the greater of the amount received or the fair market value of the installment obligation at the time of transfer, reduced by the basis of the obligation. How to file for 2012 taxes The basis of the obligation is the decedent's basis, adjusted for all installment payments received after the decedent's death and before the transfer. How to file for 2012 taxes   If the decedent and obligor were related persons, the fair market value of the obligation cannot be less than its face value. How to file for 2012 taxes Specific Types of Income in Respect of a Decedent This section explains and provides examples of some specific types of income in respect of a decedent. How to file for 2012 taxes Wages. How to file for 2012 taxes   The entire amount of wages or other employee compensation earned by the decedent but unpaid at the time of death is income in respect of a decedent. How to file for 2012 taxes The income is not reduced by any amounts withheld by the employer. How to file for 2012 taxes If the income is $600 or more, the employer should report it in box 3 of Form 1099-MISC, Miscellaneous Income, and give the recipient a copy of the form or a similar statement. How to file for 2012 taxes   Wages paid as income in respect of a decedent are not subject to federal income tax withholding. How to file for 2012 taxes However, if paid during the calendar year of death, they are subject to withholding for social security and Medicare taxes. How to file for 2012 taxes These taxes should be included on the decedent's Form W-2 along with the taxes withheld before death. How to file for 2012 taxes These wages are not included in box 1 of Form W-2. How to file for 2012 taxes   Wages paid as income in respect of a decedent after the year of death generally are not subject to withholding for any federal taxe
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Understanding Your CP264 Notice

CP264 is the notice for denial of Form 2553, Election by a Small Business Corporation.


What you need to do

If you want to be treated as a Small Business Corporation, file a new and complete Form 2553. Be sure to include all required statements.


You may want to

Seek professional assistance


Answers to Common Questions

Q. Is there a waiting period before I can re-submit a new Form 2553?

A. No, a newly prepared, complete, and timely Form 2553 can be filed at any time.

Q. How can I find out why my Form 2553 was rejected?

A. Your denied Form 2553 will arrive in a separate envelope. Examine the form to see if it is complete; if not, this may be the reason.

 

 

Page Last Reviewed or Updated: 12-Feb-2014

Printable samples of this notice (PDF)

 

 

How to get help

  • Call the 1-800 number listed on the top right corner of your notice.
  • Authorize someone (e.g., accountant) to contact the IRS on your behalf using Form 2848.
  • See if you qualify for help from a Low Income Taxpayer Clinic.
     

The How To File For 2012 Taxes

How to file for 2012 taxes 18. How to file for 2012 taxes   Appendix This appendix contains models of the certificates, waivers, reports, and statements discussed in Part One. How to file for 2012 taxes Model Certificate A   STATEMENT OF SUBSEQUENT SELLER     1. How to file for 2012 taxes                 Name, address, and employer identification number of seller in subsequent sale             2. How to file for 2012 taxes                 Name, address, and employer identification number of the buyer in subsequent sale             3. How to file for 2012 taxes         Date and location of subsequent sale             4. How to file for 2012 taxes         Volume and type of taxable fuel sold               The undersigned seller (“Seller”) has received the copy of the first taxpayer's report provided with this statement in     connection with Seller's purchase of the taxable fuel described in this statement. How to file for 2012 taxes       Under penalties of perjury, Seller declares that Seller has examined this statement, including any accompanying     schedules and statements, and, to the best of Seller's knowledge and belief, they are true, correct and complete. How to file for 2012 taxes                   Signature and date signed                   Printed or typed name of person signing this report                   Title—   Model Certificate B   FIRST TAXPAYER'S REPORT   1. How to file for 2012 taxes                     First Taxpayer's name, address and employer identification number     2. How to file for 2012 taxes                     Name, address, and employer identification number of the buyer of the taxable fuel subject to tax     3. How to file for 2012 taxes           Date and location of removal, entry, or sale       4. How to file for 2012 taxes           Volume and type of taxable fuel removed, entered or sold     5. How to file for 2012 taxes Check type of taxable event:         Removal from refinery         Entry into United States         Bulk transfer from terminal by unregistered position holder       Bulk transfer not received at an approved terminal       Sale within the bulk transfer/terminal system       Removal at the terminal rack         Removal or sale by the blender                   6. How to file for 2012 taxes           Amount of federal excise tax paid on account of the removal, entry, or sale                   The undersigned taxpayer (“Taxpayer”) has not received, and will not claim, a credit with respect to, or a refund of, the tax     on the taxable fuel to which this form relates. How to file for 2012 taxes       Under penalties of perjury, Taxpayer declares that Taxpayer has examined this statement, including any accompanying     schedules and statements, and to the best of Taxpayer's knowledge and belief, they are true, correct and complete. How to file for 2012 taxes             Signature and date signed               Printed or typed name of person signing this report               Title     Model Certificate C   NOTIFICATION CERTIFICATE OF TAXABLE FUEL REGISTRANT                           Name, address, and employer identification number of person receiving certificate       The undersigned taxable registrant (“Registrant”) hereby certifies under penalties of perjury that Registrant is registered     by the Internal Revenue Service with registration number and that Registrant's registration has not     been revoked or suspended by the Internal Revenue Service. How to file for 2012 taxes                 Registrant understands that the fraudulent use of this certificate may subject Registrant and all parties making such     fraudulent use of this certificate to a fine or imprisonment, or both, together with the costs of prosecution. How to file for 2012 taxes                       Signature and date signed                         Printed or typed name of person signing                         Title of person signing                         Name of Registrant                         Employer identification number                         Address of Registrant     Model Certificate D   CERTIFICATE OF PERSON BUYING GASOLINE BLENDSTOCKS FOR USE OTHER THAN IN THE PRODUCTION OF FINISHED GASOLINE     (To support tax-free sales (other than LUST) under section 4081 of the Internal Revenue Code. How to file for 2012 taxes )                 Name, address, and employer identification number of seller       The undersigned buyer (“Buyer”) hereby certifies the following under penalties of perjury:       The gasoline blendstocks to which this certificate relates will not be used to produce finished gasoline. How to file for 2012 taxes       This certificate applies to the following (complete as applicable):       If this is a single purchase certificate, check here and enter:     1. How to file for 2012 taxes Invoice or delivery ticket number       2. How to file for 2012 taxes (number of gallons) of(type of gasoline blendstocks)       If this is a certificate covering all purchases under a specified account or order number, check here and enter:     1. How to file for 2012 taxes Effective date       2. How to file for 2012 taxes Expiration date       (period not to exceed 1 year after the effective date)       3. How to file for 2012 taxes Type (or types) of gasoline blendstocks     4. How to file for 2012 taxes Buyer's account or order number         Buyer will not claim a credit or refund under section 6427(h) of the Internal Revenue Code for any gasoline blendstocks     covered by this certificate. How to file for 2012 taxes         Buyer will provide a new certificate to the seller if any information in this certificate changes. How to file for 2012 taxes       If Buyer resells the gasoline blendstocks to which this certificate relates, Buyer will be liable for tax unless Buyer obtains a     certificate from the purchaser stating that the gasoline blendstocks will not be used to produce finished gasoline and otherwise complies with the conditions of §48. How to file for 2012 taxes 4081-4(b)(3) of the Manufacturers and Retailers Excise Tax Regulations. How to file for 2012 taxes       Buyer understands that if Buyer violates the terms of this certificate, the Internal Revenue Service may withdraw Buyer's     right to provide a certificate. How to file for 2012 taxes       Buyer has not been notified by the Internal Revenue Service that its right to provide a certificate has been withdrawn. How to file for 2012 taxes     In addition, the Internal Revenue Service has not notified Buyer that the right to provide a certificate has been withdrawn from a purchaser to which Buyer sells gasoline blendstocks tax free. How to file for 2012 taxes       Buyer understands that the fraudulent use of this certificate may subject Buyer and all parties making such fraudulent use     of this certificate to a fine or imprisonment, or both, together with the costs of prosecution. How to file for 2012 taxes             Signature and date signed               Printed or typed name of person signing               Title of person signing               Name of Buyer               Employer identification number               Address of Buyer     Model Certificate G   CERTIFICATE OF REGISTERED FEEDSTOCK USER     (To support tax-free removals and entries (other than LUST) of kerosene under section 4082 of the Internal Revenue Code. How to file for 2012 taxes )         (Buyer) certifies the following under penalties of perjury:       Name of buyer         Buyer is a registered feedstock user with registration number . How to file for 2012 taxes Buyer's registration has not been revoked     or suspended. How to file for 2012 taxes         The kerosene to which this certificate applies will be used by Buyer for a feedstock purpose. How to file for 2012 taxes                 This certificate applies to percent of Buyer's purchases from (name, address, and employer     identification number of seller) as follows (complete as applicable):       1. How to file for 2012 taxes A single purchase on invoice or delivery ticket number . How to file for 2012 taxes                 2. How to file for 2012 taxes All purchases between (effective date) and (expiration date) (period not to exceed     one year after the effective date) under account or order number(s) . How to file for 2012 taxes If this certificate applies only to Buyer's     purchases for certain locations, check here and list the locations. How to file for 2012 taxes                                   If Buyer sells the kerosene to which this certificate relates, Buyer will be liable for tax on that sale. How to file for 2012 taxes                 Buyer will provide a new certificate to the seller if any information in this certificate changes. How to file for 2012 taxes                 If Buyer violates the terms of this certificate, the Internal Revenue Service may revoke the Buyer's registration. How to file for 2012 taxes                 Buyer understands that the fraudulent use of this certificate may subject Buyer and all parties making any fraudulent use of     this certificate to a fine or imprisonment, or both, together with the costs of prosecution. How to file for 2012 taxes             Printed or typed name of person signing               Title of person signing               Employer identification number               Address of Buyer               Signature and date signed     Model Certificate J   CERTIFICATE OF PERSON BUYING COMPRESSED NATURAL GAS (CNG) FOR A NONTAXABLE USE     (To support tax-free sales of CNG under section 4041 of the Internal Revenue Code. How to file for 2012 taxes )                                         Name, address, and employer identification number of seller                   (“Buyer”) certifies the following under penalties of perjury:     Name of buyer                     The CNG to which this certificate relates will be used in a nontaxable use. How to file for 2012 taxes       This certificate applies to the following (complete as applicable):               If this is a single purchase certificate, check here and enter:       1. How to file for 2012 taxes Invoice or delivery ticket number       2. How to file for 2012 taxes (Gasoline gallon equivalents)       If this is a certificate covering all purchases under a specified account or order number, check here and enter:         1. How to file for 2012 taxes Effective date         2. How to file for 2012 taxes Expiration date         (period not to exceed 1 year after the effective date)         3. How to file for 2012 taxes Buyer's account or order number       Buyer will not claim a credit or refund under section 6427 of the Internal Revenue Code for any CNG to which this certificate relates. How to file for 2012 taxes       Buyer will provide a new certificate to the seller if any information in this certificate changes. How to file for 2012 taxes       Buyer understands that if Buyer violates the terms of this certificate, the Internal Revenue Service may withdraw Buyer's     right to provide a certificate. How to file for 2012 taxes       Buyer has not been notified by the Internal Revenue Service that its right to provide a certificate has been withdrawn. How to file for 2012 taxes     In addition, the Internal Revenue Service has not notified Buyer that the right to provide a certificate has been withdrawn     from a purchaser to which Buyer sells CNG tax free. How to file for 2012 taxes       Buyer understands that the fraudulent use of this certificate may subject Buyer and all parties making any fraudulent use     of this certificate to a fine or imprisonment, or both, together with the costs of prosecution. How to file for 2012 taxes             Printed or typed name of person signing               Title of person signing             Employer identification number               Address of Buyer               Signature and date signed     Model Certificate K   CERTIFICATE OF PERSON BUYING KEROSENE FOR USE IN AVIATION FOR     COMMERCIAL AVIATION OR NONTAXABLE USE     (To support operator liability for tax on removals of kerosene for use in aviation directly into the fuel tank of an aircraft in commercial aviation pursuant to § 4081 of the Internal Revenue Code or to support a tax rate of zero under § 4041(c) pursuant to §§4041(c) and 4082. How to file for 2012 taxes )           Name, address, and employer identification number of position holder       The undersigned aircraft operator (“Buyer”) hereby certifies the following under the penalties of perjury:       The kerosene for use in aviation to which this certificate relates is purchased (check one): for     use on a farm for farming purposes; for use in foreign trade (reciprocal benefits required for foreign registered airlines); for use in certain helicopter and fixed-wing air ambulance uses; for use other than as a fuel in the propulsion engine of an aircraft; for the exclusive use of a qualified blood collector organization; for the exclusive use of a nonprofit educational organization; for the exclusive use of a state; for use in an aircraft owned by an aircraft museum; for use in military aircraft; or for use in commercial aviation (other than foreign trade). How to file for 2012 taxes       With respect to kerosene for use in aviation purchased after June 30, 2005, for use in commercial aviation     (other than foreign trade), Buyer's registration number is. How to file for 2012 taxes Buyer's registration has not been suspended or revoked by the Internal Revenue Service. How to file for 2012 taxes       This certificate applies to the following (complete as applicable):     This is a single purchase certificate:       1. How to file for 2012 taxes Invoice or delivery ticket number       2. How to file for 2012 taxes Number of gallons     This is a certificate covering all purchases under a specified account or order number:       1. How to file for 2012 taxes Effective date       2. How to file for 2012 taxes Expiration date (period not to exceed 1 year after the effective date)       3. How to file for 2012 taxes Buyer's account number       Buyer agrees to provide the person liable for tax with a new certificate if any information in this certificate changes. How to file for 2012 taxes       If the kerosene for use in aviation to which this certificate relates is being bought for use in commercial aviation     (other than foreign trade), Buyer is liable for tax on its use of the fuel and will pay that tax to the government. How to file for 2012 taxes       If Buyer sells or uses the kerosene for use in aviation to which this certificate relates for a use other than the use     stated above, Buyer will be liable for tax. How to file for 2012 taxes       Buyer understands that it must be prepared to establish by satisfactory evidence the purpose for which the     fuel purchased under this certificate was used. How to file for 2012 taxes     Buyer has not been notified by the Internal Revenue Service that its right to provide a certificate has been withdrawn. How to file for 2012 taxes     If Buyer violates the terms of this certificate, the Internal Revenue Service may withdraw Buyer's right to provide a certificate. How to file for 2012 taxes       The fraudulent use of this certificate may subject Buyer and all parties making any fraudulent use of this certificate     to a fine or imprisonment, or both, together with the costs of prosecution. How to file for 2012 taxes           Printed or typed name of person signing           Title of person signing           Name of Buyer           Employer identification number           Address of Buyer           Signature and date signed   Model Waiver L WAIVER FOR USE BY ULTIMATE PURCHASERS OF KEROSENE FOR CERTAIN USES IN AVIATION (To support vendor's claim for a credit or payment under § 6427(l)(4)(C)(i) of the Internal Revenue Code. How to file for 2012 taxes )               Name, Address, and Employer Identification Number of Ultimate Vendor     The undersigned ultimate purchaser (“Buyer”) hereby certifies the following under penalties of perjury:     A. How to file for 2012 taxes The kerosene to which this waiver relates is purchased for — (check one):       1. How to file for 2012 taxes □ Use on a farm for farming purposes,       2. How to file for 2012 taxes □ Use in foreign trade (reciprocal benefits required for foreign registered airlines),       3. How to file for 2012 taxes □ Use in certain helicopter and fixed-wing air ambulance uses,       4. How to file for 2012 taxes □ The exclusive use of a qualified blood collector organization,       5. How to file for 2012 taxes □ The exclusive use of a nonprofit educational organization,       6. How to file for 2012 taxes □ Use in an aircraft owned by an aircraft museum,       7. How to file for 2012 taxes □ Use in military aircraft, or       8. How to file for 2012 taxes □ Use in commercial aviation (other than foreign trade). How to file for 2012 taxes     B. How to file for 2012 taxes This waiver applies to the following (complete as applicable):       This is a single purchase waiver:           1. How to file for 2012 taxes Invoice or delivery ticket number           2. How to file for 2012 taxes Number of gallons       This is a waiver covering all purchases under a specified account or order number:           1. How to file for 2012 taxes Effective date           2. How to file for 2012 taxes Expiration date (period not to exceed 1 year after the effective date)           3. How to file for 2012 taxes Buyer's account number       Buyer will provide a new waiver to the vendor if any information in this waiver changes. How to file for 2012 taxes       If Buyer uses the kerosene for use in aviation to which this waiver relates for a use other than the use stated above, Buyer will be liable for tax. How to file for 2012 taxes       Buyer understands that by signing this waiver, Buyer gives up its right to claim any credit or payment for the kerosene for use in aviation used in a nontaxable use. How to file for 2012 taxes       Buyer acknowledges that it has not and will not claim any credit or payment for the kerosene for use in aviation to which this waiver relates. How to file for 2012 taxes       Buyer understands that the fraudulent use of this waiver may subject Buyer and all parties making such fraudulent use of this waiver to a fine or imprisonment, or both, together with the costs of prosecution. How to file for 2012 taxes           Printed or typed name of person signing           Title of person signing           Name of Buyer           Employer identification number           Address of Buyer           Signature and date signed   Model Certificate M   CERTIFICATE FOR STATE USE OR NONPROFIT EDUCATIONAL     ORGANIZATION USE     (To support vendor's claim for a credit or payment under § 6416(a)(4) of the Internal Revenue Code. How to file for 2012 taxes )                       Name, address, and employer identification number of ultimate vendor       The undersigned ultimate purchaser (“Buyer”) hereby certifies the following under the penalties of perjury:       Buyer will use the gasoline or aviation gasoline to which this certificate relates (check one):     For the exclusive use of a state or local government; or     For the exclusive use of a nonprofit educational organization. How to file for 2012 taxes       This certificate applies to the following (complete as applicable):     This is a single purchase certificate:       1. How to file for 2012 taxes Invoice or delivery ticket number       2. How to file for 2012 taxes Number of gallons     This is a certificate covering all purchases under a specified account or order number:       1. How to file for 2012 taxes Effective date       2. How to file for 2012 taxes Expiration date (period not to exceed 1 year after the effective date)       3. How to file for 2012 taxes Buyer's account number       Buyer will provide a new certificate to the vendor if any information in this certificate changes. How to file for 2012 taxes       Buyer understands that by signing this certificate, Buyer gives up its right to claim any credit or payment for the gasoline or aviation gasoline to which this certificate relates. How to file for 2012 taxes       Buyer acknowledges that it has not and will not claim any credit or payment for the gasoline or aviation gasoline to which this certificate relates. How to file for 2012 taxes       Buyer understands that the fraudulent use of this certificate may subject Buyer and all parties making such fraudulent use of this certificate to a fine or imprisonment, or both, together with the costs of prosecution. How to file for 2012 taxes           Printed or typed name of person signing           Title of person signing           Name of Buyer           Employer identification number           Address of Buyer           Signature and date signed   Model Waiver N   WAIVER FOR USE BY ULTIMATE PURCHASERS OF DIESEL FUEL OR     KEROSENE USED IN INTERCITY BUS TRANSPORTATION     (To support vendor's claim for a credit or payment under § 6427 of the Internal Revenue Code. How to file for 2012 taxes )                       Name, address, and employer identification number of ultimate vendor       The undersigned ultimate purchaser (“Buyer”) hereby certifies the following under the penalties of perjury:       The diesel fuel or kerosene to which this waiver relates is purchased for use in intercity bus transportation. How to file for 2012 taxes       This waiver applies to the following (complete as applicable):     This is a single purchase waiver:       1. How to file for 2012 taxes Invoice or delivery ticket number       2. How to file for 2012 taxes Number of gallons     This is a waiver covering all purchases under a specified account or order number:       1. How to file for 2012 taxes Effective date       2. How to file for 2012 taxes Expiration date (period not to exceed 1 year after the effective date)       3. How to file for 2012 taxes Buyer's account number       Buyer will provide a new waiver to the vendor if any information in this waiver changes. How to file for 2012 taxes       If Buyer uses the diesel fuel or kerosene to which this waiver relates for a use other than in intercity bus transportation, Buyer will be liable for tax. How to file for 2012 taxes       Buyer understands that by signing this waiver, Buyer gives up its right to claim any credit or payment for the diesel fuel or kerosene used in intercity bus transportation. How to file for 2012 taxes       Buyer acknowledges that it has not and will not claim any credit or payment for the diesel fuel or kerosene to which this waiver relates. How to file for 2012 taxes       Buyer understands that the fraudulent use of this waiver may subject Buyer and all parties making such fraudulent use of this waiver to a fine or imprisonment, or both, together with the costs of prosecution. How to file for 2012 taxes           Printed or typed name of person signing           Title of person signing           Name of Buyer           Employer identification number           Address of Buyer           Signature and date signed   Model Certificate O   CERTIFICATE FOR BIODIESEL     Certificate Identification Number:     (To support a claim related to biodiesel or a biodiesel mixture under section 6426 of the Internal Revenue Code. How to file for 2012 taxes )     The undersigned biodiesel producer (“Producer”) hereby certifies the following under penalties of perjury:   1. How to file for 2012 taxes             Producer's name, address, and employer identification number (EIN)   2. How to file for 2012 taxes             Name, address, and EIN of person buying the biodiesel from Producer   3. How to file for 2012 taxes       Date and location of sale to buyer   4. How to file for 2012 taxes This certificate applies to gallons of biodiesel. How to file for 2012 taxes   5. How to file for 2012 taxes Producer certifies that the biodiesel to which this certificate relates is:       % Agri-biodiesel (derived solely from virgin oils)       % Biodiesel other than agri-biodiesel       This certificate applies to the following sale:       Invoice or delivery ticket number       Total number of gallons of biodiesel sold under that invoice or delivery ticket number (including biodiesel not covered by this certificate)       Total number of certificates issued for that invoice or delivery ticket number   6. How to file for 2012 taxes             Name, address, and employer identification number of reseller to whom certificate is issued (only in the case of certificates reissued to a reseller after the return of the original certificate)   7. How to file for 2012 taxes Original Certificate Identification Number (only in the case of certificates reissued to a reseller after return of the original certificate). How to file for 2012 taxes       Producer is registered as a biodiesel producer with registration number . How to file for 2012 taxes  Producer's registration has not been suspended or revoked by the Internal Revenue Service. How to file for 2012 taxes       Producer certifies that the biodiesel to which this certificate relates in monoalkyl esters of long chain fatty acids derived from plant or animal matter that meets the requirements of the American Society of Testing and Materials D6751 and the registration requirements for fuels and fuel additives established by EPA under section 211 of the Clean Air Act (42 U. How to file for 2012 taxes S. How to file for 2012 taxes C. How to file for 2012 taxes 7545). How to file for 2012 taxes       Producer understands that the fraudulent use of this certificate may subject Producer and all parties making any fraudulent use of this certificate to a fine or imprisonment, or both, together with the costs of prosecution. How to file for 2012 taxes           Printed or typed name of person signing this certificate           Title of person signing           Signature and date signed   Model Certificate P CERTIFICATE OF STATE USE (To support vendor's claim for credit or payment under section 6427 of the Internal Revenue Code. How to file for 2012 taxes )               Name, Address, and Employer Identification Number of Vendor     The undersigned buyer (“Buyer”) hereby certifies the following under penalties of perjury:     A. How to file for 2012 taxes Buyer will use the diesel fuel or kerosene to which this certificate relates for the exclusive use of a state or local government, or the District of Columbia. How to file for 2012 taxes     B. How to file for 2012 taxes This certificate applies to the following (complete as applicable):       1. How to file for 2012 taxes   If this is a single purchase certificate, check here □ and enter:           a. How to file for 2012 taxes Invoice or delivery ticket number           b. How to file for 2012 taxes Number of gallons       2. How to file for 2012 taxes   If this is a certificate covering all purchases under a specified account or order number, check here □  and enter:           a. How to file for 2012 taxes Effective date           b. How to file for 2012 taxes Expiration date   (period not to exceed 1 year after effective date)           c. How to file for 2012 taxes Buyer's account or order number     ▪ Buyer will provide a new certificate to the vendor if any information in this certificate changes. How to file for 2012 taxes     ▪ If Buyer uses the diesel fuel or kerosene to which this certificate relates for a purpose other than stated in the certificate, Buyer will be liable for any tax. How to file for 2012 taxes     ▪ Buyer acknowledges that it has not and will not claim any credit or payment for the diesel fuel or kerosene to which this certificate relates. How to file for 2012 taxes     ▪ Buyer understands that the fraudulent use of this certificate may subject Buyer and all parties making such fraudulent use of this certificate to a fine or imprisonment, or both, together with the costs of prosecution. How to file for 2012 taxes           Printed or typed name of person signing           Title of person signing           Name of Buyer           Employer identification number           Address of Buyer           Signature and date signed   Model Certificate Q CERTIFICATE OF ULTIMATE PURCHASER OF KEROSENE FOR USE IN NONEXEMPT, NONCOMMERCIAL AVIATION (To support vendor's claim for credit or payment under section 6427(l)(4)(C)(ii) of the Internal Revenue Code. How to file for 2012 taxes )               Name, Address, and Employer Identification Number of Ultimate Vendor     The undersigned ultimate purchaser (“Buyer”) hereby certifies the following under penalties of perjury:     A. How to file for 2012 taxes The kerosene to which this certificate relates is purchased for a nonexempt use in noncommercial aviation. How to file for 2012 taxes     B. How to file for 2012 taxes This certificate applies to the following (complete as applicable):       1. How to file for 2012 taxes   If this is a single purchase certificate, check here □ and enter:           a. How to file for 2012 taxes Invoice or delivery ticket number           b. How to file for 2012 taxes Number of gallons       2. How to file for 2012 taxes   This is a certificate covering all purchases under a specified account or order number:           a. How to file for 2012 taxes Effective date           b. How to file for 2012 taxes Expiration date   (period not to exceed 1 year after effective date)           c. How to file for 2012 taxes Buyer's account number     ▪ Buyer will provide a new certificate to the vendor if any information in this certificate changes. How to file for 2012 taxes     ▪ If Buyer uses the kerosene to which this certificate relates for a use other than the nontaxable use stated above, Buyer will be liable for tax. How to file for 2012 taxes     ▪ Buyer understands that the fraudulent use of this certificate may subject Buyer and all parties making such fraudulent use of this certificate to a fine or imprisonment, or both, together with the costs of prosecution. How to file for 2012 taxes           Printed or typed name of person signing           Title of person signing           Name of Buyer           Employer identification number           Address of Buyer           Signature and date signed   Model Certificate R CERTIFICATE OF BUYER OF TAXABLE FUEL FOR USE BY A STATE OR NONPROFIT EDUCATIONAL ORGANIZATION (To support credit card issuer's claim for credit, refund, or payment under section 6416(a)(4)(B) or section 6427(l)(5)(D) of the Internal Revenue Code. How to file for 2012 taxes )               Name, Address, and Employer Identification Number of Credit Card Issuer. How to file for 2012 taxes     The undersigned ultimate purchaser (“Buyer”) hereby certifies the following under penalties of perjury:     A. How to file for 2012 taxes Buyer will use the taxable fuel to which this certificate relates for the exclusive use of a state; or     B. How to file for 2012 taxes Buyer will use the gasoline to which this certificate relates for the exclusive use of a nonprofit educational organization. How to file for 2012 taxes     C. How to file for 2012 taxes This certificate applies to all purchases made with the credit card identified below during the period specified:           a. How to file for 2012 taxes Effective date of certificate           b. How to file for 2012 taxes Expiration date of certificate   (period not to exceed 2 years after effective date)           c. How to file for 2012 taxes Buyer's account number     ▪ Buyer will provide a new certificate to the credit card issuer if any information in this certificate changes. How to file for 2012 taxes     ▪ Buyer understands that by signing this certificate, Buyer gives up its right to claim a credit or payment for the taxable fuel purchased with the credit card to which this certificate relates. How to file for 2012 taxes     ▪ Buyer acknowledges that it has not and will not claim any credit or payment for the taxable fuel purchased with the credit card to which this certificate relates. How to file for 2012 taxes     ▪ Buyer understands that the fraudulent use of this certificate may subject Buyer and all parties making such fraudulent use of this certificate to a fine or imprisonment, or both, together with the costs of prosecution. How to file for 2012 taxes           Printed or typed name of person signing           Title of person signing           Name of Buyer           Employer identification number           Address of Buyer           Signature and date signed   Model Statement S   STATEMENT OF BIODIESEL RESELLER     (To support a claim related to biodiesel or a biodiesel mixture under section 6426 of the Internal Revenue Code. How to file for 2012 taxes )     The undersigned biodiesel producer (“Reseller”) hereby certifies the following under penalties of perjury:   1. How to file for 2012 taxes                   Reseller's name, address, and employer identification number (EIN)   2. How to file for 2012 taxes                   Name, address, and EIN of Reseller's buyer   3. How to file for 2012 taxes       Date and location of sale to buyer   4. How to file for 2012 taxes Volume of biodiesel sold   5. How to file for 2012 taxes Certificate Identification Number on the Certificate for Biodiesel       Reseller has bought the biodiesel described in the accompanying Certificate for Biodiesel and Reseller has no reason to believe that any information in the certificate is false. How to file for 2012 taxes       Reseller has not been notified by the Internal Revenue Service that its right to provide a certificate or statement has been withdrawn. How to file for 2012 taxes       Reseller understands that the fraudulent use of this statement may subject Reseller and all parties making any fraudulent use of this statement to a fine or imprisonment, or both, together with the costs of prosecution. How to file for 2012 taxes           Printed or typed name of person signing this certificate           Title of person signing           Signature and date signed   Prev  Up  Next   Home   More Online Publications