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Income Tax For Seniors

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Income Tax For Seniors

Income tax for seniors Publication 584 - Main Content Table of Contents LossesCost or other basis. Income tax for seniors Fair market value. Income tax for seniors Exception for personal-use real property. Income tax for seniors More information. Income tax for seniors Comments and SuggestionsOrdering forms and publications. Income tax for seniors Tax questions. Income tax for seniors How To Get Tax HelpLow Income Taxpayer Clinics (LITCs). Income tax for seniors Losses Generally, you may deduct losses to your home, household goods, and motor vehicles on your federal income tax return. Income tax for seniors However, you may not deduct a casualty or theft loss that is covered by insurance unless you filed a timely insurance claim for reimbursement. Income tax for seniors Any reimbursement you receive will reduce the loss. Income tax for seniors If you did not file an insurance claim, you may deduct only the part of the loss that was not covered by insurance. Income tax for seniors Amount of loss. Income tax for seniors   You figure the amount of your loss using the following steps. Income tax for seniors Determine your cost or other basis in the property before the casualty or theft. Income tax for seniors Determine the decrease in fair market value (FMV) of the property as a result of the casualty or theft. Income tax for seniors (The decrease in FMV is the difference between the property's value immediately before and immediately after the casualty or theft. Income tax for seniors ) From the smaller of the amounts you determined in (1) and (2), subtract any insurance or other reimbursement you received or expect to receive. Income tax for seniors Apply the deduction limits, discussed later, to determine the amount of your deductible loss. Income tax for seniors Cost or other basis. Income tax for seniors   Cost or other basis usually means original cost plus improvements. Income tax for seniors If you did not acquire the property by purchasing it, your basis is determined as discussed in Publication 551, Basis of Assets. Income tax for seniors If you inherited the property from someone who died in 2010, and the executor of the decedent's estate made the election to file Form 8939, refer to the information provided by the executor or see Publication 4895, Tax Treatment of Property Acquired From a Decedent Dying in 2010. Income tax for seniors Fair market value. Income tax for seniors   FMV is the price for which you could sell your property to a willing buyer, when neither of you has to sell or buy and both of you know all the relevant facts. Income tax for seniors When filling out Schedules 1 through 20, you need to know the FMV of the property immediately before and immediately after the disaster, casualty, or theft. Income tax for seniors Separate computations. Income tax for seniors   Generally, if a single casualty or theft involves more than one item of property, you must figure the loss on each item separately. Income tax for seniors Then combine the losses to determine the total loss from that casualty or theft. Income tax for seniors Exception for personal-use real property. Income tax for seniors   In figuring a casualty loss on personal-use real property, the entire property (including any improvements, such as buildings, trees, and shrubs) is treated as one item. Income tax for seniors Figure the loss using the smaller of the following. Income tax for seniors The decrease in FMV of the entire property. Income tax for seniors The adjusted basis of the entire property. Income tax for seniors Deduction limits. Income tax for seniors   After you have figured the amount of your loss, as discussed earlier, you must figure how much of the loss you can deduct. Income tax for seniors You do this on Form 4684, section A. Income tax for seniors If the loss was to property for your personal use or your family's, there are two limits on the amount you can deduct for your casualty or theft loss. Income tax for seniors You must reduce each casualty or theft loss by $100 ($100 rule). Income tax for seniors You must further reduce the total of all your losses by 10% of your adjusted gross income (10% rule). Income tax for seniors More information. Income tax for seniors   For more information about the deduction limits, see Publication 547. Income tax for seniors When your loss is deductible. Income tax for seniors   You can generally deduct a casualty or disaster area loss only in the tax year in which the casualty or disaster occurred. Income tax for seniors You can generally deduct a theft loss only in the year you discovered your property was stolen. Income tax for seniors However, you can choose to deduct disaster area losses on your return for the year immediately before the year of the disaster if the President has declared your area a federal disaster area. Income tax for seniors For details, see Disaster Area Losses in Publication 547. Income tax for seniors Comments and Suggestions We welcome your comments about this publication and your suggestions for future editions. Income tax for seniors You can write to us at the following address: Internal Revenue Service Individual Forms and Publications Branch SE:W:CAR:MP:T:I 1111 Constitution Ave. Income tax for seniors NW, IR-6526 Washington, DC 20224 We respond to many letters by telephone. Income tax for seniors Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your correspondence. Income tax for seniors You can email us at taxforms@irs. Income tax for seniors gov. Income tax for seniors Please put “Publications Comment” on the subject line. Income tax for seniors You can also send us comments from www. Income tax for seniors irs. Income tax for seniors gov/formspubs. Income tax for seniors Select “Comment on Tax Forms and Publications” under “Information about. Income tax for seniors ” Although we cannot respond individually to each comment received, we do appreciate your feedback and will consider your comments as we revise our tax products. Income tax for seniors Ordering forms and publications. Income tax for seniors   Visit www. Income tax for seniors irs. Income tax for seniors gov/formspubs/ to download forms and publications, call 1-800-829-3676, or write to the address below and receive a response within 10 days after your request is received. Income tax for seniors Internal Revenue Service 1201 N. Income tax for seniors Mitsubishi Motorway Bloomington, IL 61705-6613 Tax questions. Income tax for seniors   If you have a tax question, check the information available on IRS. Income tax for seniors gov or call 1-800-829-1040. Income tax for seniors We cannot answer tax questions sent to either of the above addresses. Income tax for seniors How To Get Tax Help You can get help with unresolved tax issues, order free publications and forms, ask tax questions, and get information from the IRS in several ways. Income tax for seniors By selecting the method that is best for you, you will have quick and easy access to tax help. Income tax for seniors Free help with your return. Income tax for seniors   Free help in preparing your return is available nationwide from IRS-certified volunteers. Income tax for seniors The Volunteer Income Tax Assistance (VITA) program is designed to help low-moderate income taxpayers and the Tax Counseling for the Elderly (TCE) program is designed to assist taxpayers age 60 and older with their tax returns. Income tax for seniors Most VITA and TCE sites offer free electronic filing and all volunteers will let you know about credits and deductions you may be entitled to claim. Income tax for seniors To find the nearest VITA or TCE site, visit IRS. Income tax for seniors gov or call 1-800-906-9887 or 1-800-829-1040. Income tax for seniors   As part of the TCE program, AARP offers the Tax-Aide counseling program. Income tax for seniors To find the nearest AARP Tax-Aide site, call 1-888-227-7669 or visit AARP's website at www. Income tax for seniors aarp. Income tax for seniors org/money/taxaide. Income tax for seniors   For more information on these programs, go to IRS. Income tax for seniors gov and enter keyword “VITA” in the upper right-hand corner. Income tax for seniors Internet. Income tax for seniors You can access the IRS website at IRS. Income tax for seniors gov 24 hours a day, 7 days a week to: E-file your return. Income tax for seniors Find out about commercial tax preparation and e-file services available free to eligible taxpayers. Income tax for seniors Check the status of your 2011 refund. Income tax for seniors Go to IRS. Income tax for seniors gov and click on Where's My Refund. Income tax for seniors Wait at least 72 hours after the IRS acknowledges receipt of your e-filed return, or 3 to 4 weeks after mailing a paper return. Income tax for seniors If you filed Form 8379 with your return, wait 14 weeks (11 weeks if you filed electronically). Income tax for seniors Have your 2011 tax return available so you can provide your social security number, your filing status, and the exact whole dollar amount of your refund. Income tax for seniors Download forms, including talking tax forms, instructions, and publications. Income tax for seniors Order IRS products online. Income tax for seniors Research your tax questions online. Income tax for seniors Search publications online by topic or keyword. Income tax for seniors Use the online Internal Revenue Code, regulations, or other official guidance. Income tax for seniors View Internal Revenue Bulletins (IRBs) published in the last few years. Income tax for seniors Figure your withholding allowances using the withholding calculator online at www. Income tax for seniors irs. Income tax for seniors gov/individuals. Income tax for seniors Determine if Form 6251 must be filed by using our Alternative Minimum Tax (AMT) Assistant available online at www. Income tax for seniors irs. Income tax for seniors gov/individuals. Income tax for seniors Sign up to receive local and national tax news by email. Income tax for seniors Get information on starting and operating a small business. Income tax for seniors Phone. Income tax for seniors Many services are available by phone. Income tax for seniors   Ordering forms, instructions, and publications. Income tax for seniors Call 1-800-TAX -FORM (1-800-829-3676) to order current-year forms, instructions, and publications, and prior-year forms and instructions. Income tax for seniors You should receive your order within 10 days. Income tax for seniors Asking tax questions. Income tax for seniors Call the IRS with your tax questions at 1-800-829-1040. Income tax for seniors Solving problems. Income tax for seniors You can get face-to-face help solving tax problems every business day in IRS Taxpayer Assistance Centers. Income tax for seniors An employee can explain IRS letters, request adjustments to your account, or help you set up a payment plan. Income tax for seniors Call your local Taxpayer Assistance Center for an appointment. Income tax for seniors To find the number, go to www. Income tax for seniors irs. Income tax for seniors gov/localcontacts or look in the phone book under United States Government, Internal Revenue Service. Income tax for seniors TTY/TDD equipment. Income tax for seniors If you have access to TTY/TDD equipment, call 1-800-829-4059 to ask tax questions or to order forms and publications. Income tax for seniors TeleTax topics. Income tax for seniors Call 1-800-829-4477 to listen to pre-recorded messages covering various tax topics. Income tax for seniors Refund information. Income tax for seniors To check the status of your 2011 refund, call 1-800-829-1954 or 1-800-829-4477 (automated refund information 24 hours a day, 7 days a week). Income tax for seniors Wait at least 72 hours after the IRS acknowledges receipt of your e-filed return, or 3 to 4 weeks after mailing a paper return. Income tax for seniors If you filed Form 8379 with your return, wait 14 weeks (11 weeks if you filed electronically). Income tax for seniors Have your 2011 tax return available so you can provide your social security number, your filing status, and the exact whole dollar amount of your refund. Income tax for seniors If you check the status of your refund and are not given the date it will be issued, please wait until the next week before checking back. Income tax for seniors Other refund information. Income tax for seniors To check the status of a prior-year refund or amended return refund, call 1-800-829-1040. Income tax for seniors Evaluating the quality of our telephone services. Income tax for seniors To ensure IRS representatives give accurate, courteous, and professional answers, we use several methods to evaluate the quality of our telephone services. Income tax for seniors One method is for a second IRS representative to listen in on or record random telephone calls. Income tax for seniors Another is to ask some callers to complete a short survey at the end of the call. Income tax for seniors Walk-in. Income tax for seniors Many products and services are available on a walk-in basis. Income tax for seniors   Products. Income tax for seniors You can walk in to many post offices, libraries, and IRS offices to pick up certain forms, instructions, and publications. Income tax for seniors Some IRS offices, libraries, grocery stores, copy centers, city and county government offices, credit unions, and office supply stores have a collection of products available to print from a CD or photocopy from reproducible proofs. Income tax for seniors Also, some IRS offices and libraries have the Internal Revenue Code, regulations, Internal Revenue Bulletins, and Cumulative Bulletins available for research purposes. Income tax for seniors Services. Income tax for seniors You can walk in to your local Taxpayer Assistance Center every business day for personal, face-to-face tax help. Income tax for seniors An employee can explain IRS letters, request adjustments to your tax account, or help you set up a payment plan. Income tax for seniors If you need to resolve a tax problem, have questions about how the tax law applies to your individual tax return, or you are more comfortable talking with someone in person, visit your local Taxpayer Assistance Center where you can spread out your records and talk with an IRS representative face-to-face. Income tax for seniors No appointment is necessary—just walk in. Income tax for seniors If you prefer, you can call your local Center and leave a message requesting an appointment to resolve a tax account issue. Income tax for seniors A representative will call you back within 2 business days to schedule an in-person appointment at your convenience. Income tax for seniors If you have an ongoing, complex tax account problem or a special need, such as a disability, an appointment can be requested. Income tax for seniors All other issues will be handled without an appointment. Income tax for seniors To find the number of your local office, go to  www. Income tax for seniors irs. Income tax for seniors gov/localcontacts or look in the phone book under United States Government, Internal Revenue Service. Income tax for seniors Mail. Income tax for seniors You can send your order for forms, instructions, and publications to the address below. Income tax for seniors You should receive a response within 10 days after your request is received. Income tax for seniors  Internal Revenue Service 1201 N. Income tax for seniors Mitsubishi Motorway Bloomington, IL 61705-6613 Taxpayer Advocate Service. Income tax for seniors   The Taxpayer Advocate Service (TAS) is your voice at the IRS. Income tax for seniors Our job is to ensure that every taxpayer is treated fairly, and that you know and understand your rights. Income tax for seniors We offer free help to guide you through the often-confusing process of resolving tax problems that you haven’t been able to solve on your own. Income tax for seniors Remember, the worst thing you can do is nothing at all. Income tax for seniors   TAS can help if you can’t resolve your problem with the IRS and: Your problem is causing financial difficulties for you, your family, or your business. Income tax for seniors You face (or your business is facing) an immediate threat of adverse action. Income tax for seniors You have tried repeatedly to contact the IRS but no one has responded, or the IRS has not responded to you by the date promised. Income tax for seniors   If you qualify for our help, we’ll do everything we can to get your problem resolved. Income tax for seniors You will be assigned to one advocate who will be with you at every turn. Income tax for seniors We have offices in every state, the District of Columbia, and Puerto Rico. Income tax for seniors Although TAS is independent within the IRS, our advocates know how to work with the IRS to get your problems resolved. Income tax for seniors And our services are always free. Income tax for seniors   As a taxpayer, you have rights that the IRS must abide by in its dealings with you. Income tax for seniors Our tax toolkit at www. Income tax for seniors TaxpayerAdvocate. Income tax for seniors irs. Income tax for seniors gov can help you understand these rights. Income tax for seniors   If you think TAS might be able to help you, call your local advocate, whose number is in your phone book and on our website at www. Income tax for seniors irs. Income tax for seniors gov/advocate. Income tax for seniors You can also call our toll-free number at 1-877-777-4778 or TTY/TDD 1-800-829-4059. Income tax for seniors   TAS also handles large-scale or systemic problems that affect many taxpayers. Income tax for seniors If you know of one of these broad issues, please report it to us through our Systemic Advocacy Management System at www. Income tax for seniors irs. Income tax for seniors gov/advocate. Income tax for seniors Low Income Taxpayer Clinics (LITCs). Income tax for seniors   Low Income Taxpayer Clinics (LITCs) are independent from the IRS. Income tax for seniors Some clinics serve individuals whose income is below a certain level and who need to resolve a tax problem. Income tax for seniors These clinics provide professional representation before the IRS or in court on audits, appeals, tax collection disputes, and other issues for free or for a small fee. Income tax for seniors Some clinics can provide information about taxpayer rights and responsibilities in many different languages for individuals who speak English as a second language. Income tax for seniors For more information and to find a clinic near you, see the LITC page on www. Income tax for seniors irs. Income tax for seniors gov/advocate or IRS Publication 4134, Low Income Taxpayer Clinic List. Income tax for seniors This publication is also available by calling 1-800-829-3676 or at your local IRS office. Income tax for seniors Free tax services. Income tax for seniors   Publication 910, IRS Guide to Free Tax Services, is your guide to IRS services and resources. Income tax for seniors Learn about free tax information from the IRS, including publications, services, and education and assistance programs. Income tax for seniors The publication also has an index of over 100 TeleTax topics (recorded tax information) you can listen to on the telephone. Income tax for seniors The majority of the information and services listed in this publication are available to you free of charge. Income tax for seniors If there is a fee associated with a resource or service, it is listed in the publication. Income tax for seniors   Accessible versions of IRS published products are available on request in a variety of alternative formats for people with disabilities. Income tax for seniors DVD for tax products. Income tax for seniors You can order Publication 1796, IRS Tax Products DVD, and obtain: Current-year forms, instructions, and publications. Income tax for seniors Prior-year forms, instructions, and publications. Income tax for seniors Tax Map: an electronic research tool and finding aid. Income tax for seniors Tax law frequently asked questions. Income tax for seniors Tax Topics from the IRS telephone response system. Income tax for seniors Internal Revenue Code—Title 26 of the U. Income tax for seniors S. Income tax for seniors Code. Income tax for seniors Links to other Internet based Tax Research Materials. Income tax for seniors Fill-in, print, and save features for most tax forms. Income tax for seniors Internal Revenue Bulletins. Income tax for seniors Toll-free and email technical support. Income tax for seniors Two releases during the year. Income tax for seniors  – The first release will ship the beginning of January 2012. Income tax for seniors  – The final release will ship the beginning of March 2012. Income tax for seniors Purchase the DVD from National Technical Information Service (NTIS) at www. Income tax for seniors irs. Income tax for seniors gov/cdorders for $30 (no handling fee) or call 1-877-233-6767 toll free to buy the DVD for $30 (plus a $6 handling fee). Income tax for seniors Prev  Up  Next   Home   More Online Publications
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The Income Tax For Seniors

Income tax for seniors Publication 542 - Main Content Table of Contents Businesses Taxed as CorporationsPersonal services. Income tax for seniors Employee-owners. Income tax for seniors Other rules. Income tax for seniors Other rules. Income tax for seniors Property Exchanged for StockNonqualified preferred stock. Income tax for seniors Liabilities. Income tax for seniors Election to reduce basis. Income tax for seniors Capital Contributions Filing and Paying Income TaxesIncome Tax Return Penalties Estimated Tax U. Income tax for seniors S. Income tax for seniors Real Property Interest Accounting MethodsSection 481(a) adjustment. Income tax for seniors Accounting Periods Recordkeeping Income, Deductions, and Special ProvisionsCosts of Going Into Business Related Persons Income From Qualifying Shipping Activities Election to Expense Qualified Refinery Property Deduction to Comply With EPA Sulfur Regulations Energy-Efficient Commercial Building Property Deduction Corporate Preference Items Dividends-Received Deduction Extraordinary Dividends Below-Market Loans Charitable Contributions Capital Losses Net Operating Losses At-Risk Limits Passive Activity Limits Figuring TaxTax Rate Schedule Alternative Minimum Tax (AMT) Credits Recapture Taxes Accumulated Earnings Tax Distributions to ShareholdersMoney or Property Distributions Distributions of Stock or Stock Rights Constructive Distributions Reporting Dividends and Other Distributions How To Get Tax Help Businesses Taxed as Corporations The rules you must use to determine whether a business is taxed as a corporation changed for businesses formed after 1996. Income tax for seniors Business formed before 1997. Income tax for seniors   A business formed before 1997 and taxed as a corporation under the old rules will generally continue to be taxed as a corporation. Income tax for seniors Business formed after 1996. Income tax for seniors   The following businesses formed after 1996 are taxed as corporations. Income tax for seniors A business formed under a federal or state law that refers to it as a corporation, body corporate, or body politic. Income tax for seniors A business formed under a state law that refers to it as a joint-stock company or joint-stock association. Income tax for seniors An insurance company. Income tax for seniors Certain banks. Income tax for seniors A business wholly owned by a state or local government. Income tax for seniors A business specifically required to be taxed as a corporation by the Internal Revenue Code (for example, certain publicly traded partnerships). Income tax for seniors Certain foreign businesses. Income tax for seniors Any other business that elects to be taxed as a corporation. Income tax for seniors For example, a limited liability company (LLC) can elect to be treated as an association taxable as a corporation by filing Form 8832, Entity Classification Election. Income tax for seniors For more information about LLCs, see Publication 3402, Taxation of Limited Liability Companies. Income tax for seniors S corporations. Income tax for seniors   Some corporations may meet the qualifications for electing to be S corporations. Income tax for seniors For information on S corporations, see the instructions for Form 1120S, U. Income tax for seniors S. Income tax for seniors Income Tax Return for an S Corporation. Income tax for seniors Personal service corporations. Income tax for seniors   A corporation is a personal service corporation if it meets all of the following requirements. Income tax for seniors Its principal activity during the “testing period” is performing personal services (defined later). Income tax for seniors Generally, the testing period for any tax year is the prior tax year. Income tax for seniors If the corporation has just been formed, the testing period begins on the first day of its tax year and ends on the earlier of: The last day of its tax year, or The last day of the calendar year in which its tax year begins. Income tax for seniors Its employee-owners substantially perform the services in (1), above. Income tax for seniors This requirement is met if more than 20% of the corporation's compensation cost for its activities of performing personal services during the testing period is for personal services performed by employee-owners. Income tax for seniors Its employee-owners own more than 10% of the fair market value of its outstanding stock on the last day of the testing period. Income tax for seniors Personal services. Income tax for seniors   Personal services include any activity performed in the fields of accounting, actuarial science, architecture, consulting, engineering, health (including veterinary services), law, and the performing arts. Income tax for seniors Employee-owners. Income tax for seniors   A person is an employee-owner of a personal service corporation if both of the following apply. Income tax for seniors He or she is an employee of the corporation or performs personal services for, or on behalf of, the corporation (even if he or she is an independent contractor for other purposes) on any day of the testing period. Income tax for seniors He or she owns any stock in the corporation at any time during the testing period. Income tax for seniors Other rules. Income tax for seniors   For other rules that apply to personal service corporations see Accounting Periods, later. Income tax for seniors Closely held corporations. Income tax for seniors   A corporation is closely held if all of the following apply. Income tax for seniors It is not a personal service corporation. Income tax for seniors At any time during the last half of the tax year, more than 50% of the value of its outstanding stock is, directly or indirectly, owned by or for five or fewer individuals. Income tax for seniors “Individual” includes certain trusts and private foundations. Income tax for seniors Other rules. Income tax for seniors   For the at-risk rules that apply to closely held corporations, seeAt-Risk Limits, later. Income tax for seniors Property Exchanged for Stock If you transfer property (or money and property) to a corporation in exchange for stock in that corporation (other than nonqualified preferred stock, described later), and immediately afterward you are in control of the corporation, the exchange is usually not taxable. Income tax for seniors This rule applies both to individuals and to groups who transfer property to a corporation. Income tax for seniors It also applies whether the corporation is being formed or is already operating. Income tax for seniors It does not apply in the following situations. Income tax for seniors The corporation is an investment company. Income tax for seniors You transfer the property in a bankruptcy or similar proceeding in exchange for stock used to pay creditors. Income tax for seniors The stock is received in exchange for the corporation's debt (other than a security) or for interest on the corporation's debt (including a security) that accrued while you held the debt. Income tax for seniors Both the corporation and any person involved in a nontaxable exchange of property for stock must attach to their income tax returns a complete statement of all facts pertinent to the exchange. Income tax for seniors For more information, see section 1. Income tax for seniors 351-3 of the Regulations. Income tax for seniors Control of a corporation. Income tax for seniors   To be in control of a corporation, you or your group of transferors must own, immediately after the exchange, at least 80% of the total combined voting power of all classes of stock entitled to vote and at least 80% of the outstanding shares of each class of nonvoting stock. Income tax for seniors Example 1. Income tax for seniors You and Bill Jones buy property for $100,000. Income tax for seniors You both organize a corporation when the property has a fair market value of $300,000. Income tax for seniors You transfer the property to the corporation for all its authorized capital stock, which has a par value of $300,000. Income tax for seniors No gain is recognized by you, Bill, or the corporation. Income tax for seniors Example 2. Income tax for seniors You and Bill transfer the property with a basis of $100,000 to a corporation in exchange for stock with a fair market value of $300,000. Income tax for seniors This represents only 75% of each class of stock of the corporation. Income tax for seniors The other 25% was already issued to someone else. Income tax for seniors You and Bill recognize a taxable gain of $200,000 on the transaction. Income tax for seniors Services rendered. Income tax for seniors   The term property does not include services rendered or to be rendered to the issuing corporation. Income tax for seniors The value of stock received for services is income to the recipient. Income tax for seniors Example. Income tax for seniors You transfer property worth $35,000 and render services valued at $3,000 to a corporation in exchange for stock valued at $38,000. Income tax for seniors Right after the exchange, you own 85% of the outstanding stock. Income tax for seniors No gain is recognized on the exchange of property. Income tax for seniors However, you recognize ordinary income of $3,000 as payment for services you rendered to the corporation. Income tax for seniors Property of relatively small value. Income tax for seniors   The term property does not include property of a relatively small value when it is compared to the value of stock and securities already owned or to be received for services by the transferor if the main purpose of the transfer is to qualify for the nonrecognition of gain or loss by other transferors. Income tax for seniors   Property transferred will not be considered to be of relatively small value if its fair market value is at least 10% of the fair market value of the stock and securities already owned or to be received for services by the transferor. Income tax for seniors Stock received in disproportion to property transferred. Income tax for seniors   If a group of transferors exchange property for corporate stock, each transferor does not have to receive stock in proportion to his or her interest in the property transferred. Income tax for seniors If a disproportionate transfer takes place, it will be treated for tax purposes in accordance with its true nature. Income tax for seniors It may be treated as if the stock were first received in proportion and then some of it used to make gifts, pay compensation for services, or satisfy the transferor's obligations. Income tax for seniors Money or other property received. Income tax for seniors   If, in an otherwise nontaxable exchange of property for corporate stock, you also receive money or property other than stock, you may have to recognize gain. Income tax for seniors You must recognize gain only up to the amount of money plus the fair market value of the other property you receive. Income tax for seniors The rules for figuring the recognized gain in this situation generally follow those for a partially nontaxable exchange discussed in Publication 544 under Like-Kind Exchanges. Income tax for seniors If the property you give up includes depreciable property, the recognized gain may have to be reported as ordinary income from depreciation. Income tax for seniors See chapter 3 of Publication 544. Income tax for seniors No loss is recognized. Income tax for seniors Nonqualified preferred stock. Income tax for seniors   Nonqualified preferred stock is treated as property other than stock. Income tax for seniors Generally, it is preferred stock with any of the following features. Income tax for seniors The holder has the right to require the issuer or a related person to redeem or buy the stock. Income tax for seniors The issuer or a related person is required to redeem or buy the stock. Income tax for seniors The issuer or a related person has the right to redeem or buy the stock and, on the issue date, it is more likely than not that the right will be exercised. Income tax for seniors The dividend rate on the stock varies with reference to interest rates, commodity prices, or similar indices. Income tax for seniors For a detailed definition of nonqualified preferred stock, see section 351(g)(2) of the Internal Revenue Code. Income tax for seniors Liabilities. Income tax for seniors   If the corporation assumes your liabilities, the exchange generally is not treated as if you received money or other property. Income tax for seniors There are two exceptions to this treatment. Income tax for seniors If the liabilities the corporation assumes are more than your adjusted basis in the property you transfer, gain is recognized up to the difference. Income tax for seniors However, if the liabilities assumed give rise to a deduction when paid, such as a trade account payable or interest, no gain is recognized. Income tax for seniors If there is no good business reason for the corporation to assume your liabilities, or if your main purpose in the exchange is to avoid federal income tax, the assumption is treated as if you received money in the amount of the liabilities. Income tax for seniors For more information on the assumption of liabilities, see section 357(d) of the Internal Revenue Code. Income tax for seniors Example. Income tax for seniors You transfer property to a corporation for stock. Income tax for seniors Immediately after the transfer, you control the corporation. Income tax for seniors You also receive $10,000 in the exchange. Income tax for seniors Your adjusted basis in the transferred property is $20,000. Income tax for seniors The stock you receive has a fair market value (FMV) of $16,000. Income tax for seniors The corporation also assumes a $5,000 mortgage on the property for which you are personally liable. Income tax for seniors Gain is realized as follows. Income tax for seniors FMV of stock received $16,000 Cash received 10,000 Liability assumed by corporation 5,000 Total received $31,000 Minus: Adjusted basis of property transferred 20,000 Realized gain $11,000   The liability assumed is not treated as money or other property. Income tax for seniors The recognized gain is limited to $10,000, the cash received. Income tax for seniors Loss on exchange. Income tax for seniors   If you have a loss from an exchange and own, directly or indirectly, more than 50% of the corporation's stock, you cannot deduct the loss. Income tax for seniors For more information, see Nondeductible Loss under Sales and Exchanges Between Related Persons in chapter 2 of Publication 544. Income tax for seniors Basis of stock or other property received. Income tax for seniors   The basis of the stock you receive is generally the adjusted basis of the property you transfer. Income tax for seniors Increase this amount by any amount treated as a dividend, plus any gain recognized on the exchange. Income tax for seniors Decrease this amount by any cash you received, the fair market value of any other property you received, and any loss recognized on the exchange. Income tax for seniors Also decrease this amount by the amount of any liability the corporation or another party to the exchange assumed from you, unless payment of the liability gives rise to a deduction when paid. Income tax for seniors    Further decreases may be required when the corporation or another party to the exchange assumes from you a liability that gives rise to a deduction when paid, if the basis of the stock would otherwise be higher than its fair market value on the date of the exchange. Income tax for seniors This rule does not apply if the entity assuming the liability acquired either substantially all of the assets or the trade or business with which the liability is associated. Income tax for seniors The basis of any other property you receive is its fair market value on the date of the trade. Income tax for seniors Basis of property transferred. Income tax for seniors   A corporation that receives property from you in exchange for its stock generally has the same basis you had in the property, increased by any gain you recognized on the exchange. Income tax for seniors However, the increase for the gain recognized may be limited. Income tax for seniors For more information, see section 362 of the Internal Revenue Code. Income tax for seniors Election to reduce basis. Income tax for seniors   In a section 351 transaction, if the adjusted basis of the property transferred exceeds the property's fair market value, the transferor and transferee may make an irrevocable election to treat the basis of the stock received by the transferor as having a basis equal to the fair market value of the property transferred. Income tax for seniors The transferor and transferee make this election by attaching a statement to their tax returns filed by the due date (including extensions) for the tax year in which the transaction occurred. Income tax for seniors However, if the transferor makes the election by including the certification provided in Notice 2005-70, 2005-41, I. Income tax for seniors R. Income tax for seniors B. Income tax for seniors 694, on or with its tax return filed by the due date (including extensions), then no election need be made by the transferee. Income tax for seniors    For more information on making this election, see section 362(e)(2)(C) of the Internal Revenue Code, and Notice 2005-70. Income tax for seniors Capital Contributions This section explains the tax treatment of contributions from shareholders and nonshareholders. Income tax for seniors Paid-in capital. Income tax for seniors   Contributions to the capital of a corporation, whether or not by shareholders, are paid-in capital. Income tax for seniors These contributions are not taxable to the corporation. Income tax for seniors Basis. Income tax for seniors   The corporation's basis of property contributed to capital by a shareholder is the same as the basis the shareholder had in the property, increased by any gain the shareholder recognized on the exchange. Income tax for seniors However, the increase for the gain recognized may be limited. Income tax for seniors For more information, see Basis of property transferred, above, and section 362 of the Internal Revenue Code. Income tax for seniors   The basis of property contributed to capital by a person other than a shareholder is zero. Income tax for seniors   If a corporation receives a cash contribution from a person other than a shareholder, the corporation must reduce the basis of any property acquired with the contribution during the 12-month period beginning on the day it received the contribution by the amount of the contribution. Income tax for seniors If the amount contributed is more than the cost of the property acquired, then reduce, but not below zero, the basis of the other properties held by the corporation on the last day of the 12-month period in the following order. Income tax for seniors Depreciable property. Income tax for seniors Amortizable property. Income tax for seniors Property subject to cost depletion but not to percentage depletion. Income tax for seniors All other remaining properties. Income tax for seniors   Reduce the basis of property in each category to zero before going on to the next category. Income tax for seniors   There may be more than one piece of property in each category. Income tax for seniors Base the reduction of the basis of each property on the following ratio:   Basis of each piece of property   Bases of all properties (within that category) If the corporation wishes to make this adjustment in some other way, it must get IRS approval. Income tax for seniors The corporation files a request for approval with its income tax return for the tax year in which it receives the contribution. Income tax for seniors Filing and Paying Income Taxes The federal income tax is a pay-as-you-go tax. Income tax for seniors A corporation generally must make estimated tax payments as it earns or receives income during its tax year. Income tax for seniors After the end of the year, the corporation must file an income tax return. Income tax for seniors This section will help you determine when and how to pay and file corporate income taxes. Income tax for seniors For certain corporations affected by Presidentially declared disasters such as hurricanes, the due dates for filing returns, paying taxes, and performing other time-sensitive acts may be extended. Income tax for seniors The IRS may also forgive the interest and penalties on any underpaid tax for the length of any extension. Income tax for seniors For more information, visit www. Income tax for seniors irs. Income tax for seniors gov/newsroom/article/0,,id=108362. Income tax for seniors 00. Income tax for seniors Income Tax Return This section will help you determine when and how to report a corporation's income tax. Income tax for seniors Who must file. Income tax for seniors   Unless exempt under section 501 of the Internal Revenue Code, all domestic corporations in existence for any part of a tax year (including corporations in bankruptcy) must file an income tax return whether or not they have taxable income. Income tax for seniors Which form to file. Income tax for seniors   A corporation generally must file Form 1120, U. Income tax for seniors S. Income tax for seniors Corporation Income Tax Return, to report its income, gains, losses, deductions, credits, and to figure its income tax liability. Income tax for seniors Certain organizations and entities must file special returns. Income tax for seniors For more information, see Special Returns for Certain Organizations, in the Instructions for Form 1120. Income tax for seniors Electronic filing. Income tax for seniors   Corporations can generally electronically file (e-file) Form 1120 and certain related forms, schedules, and attachments. Income tax for seniors Certain corporations with total assets of $10 million or more, that file at least 250 returns a year must e-file Form 1120. Income tax for seniors However, in certain instances, these corporations can request a waiver. Income tax for seniors For more information regarding electronic filing, visit www. Income tax for seniors irs. Income tax for seniors gov/efile. Income tax for seniors When to file. Income tax for seniors   Generally, a corporation must file its income tax return by the 15th day of the 3rd month after the end of its tax year. Income tax for seniors A new corporation filing a short-period return must generally file by the 15th day of the 3rd month after the short period ends. Income tax for seniors A corporation that has dissolved must generally file by the 15th day of the 3rd month after the date it dissolved. Income tax for seniors Example 1. Income tax for seniors A corporation's tax year ends December 31. Income tax for seniors It must file its income tax return by March 15th. Income tax for seniors Example 2. Income tax for seniors A corporation's tax year ends June 30. Income tax for seniors It must file its income tax return by September 15th. Income tax for seniors   If the due date falls on a Saturday, Sunday, or legal holiday, the due date is extended to the next business day. Income tax for seniors Extension of time to file. Income tax for seniors   File Form 7004, Application for Automatic Extension of Time To File Certain Business Income Tax, Information and Other Returns, to request an extension of time to file a corporation income tax return. Income tax for seniors The IRS will grant the extension if you complete the form properly, file it, and pay any tax due by the original due date for the return. Income tax for seniors   Form 7004 does not extend the time for paying the tax due on the return. Income tax for seniors Interest, and possibly penalties, will be charged on any part of the final tax due not shown as a balance due on Form 7004. Income tax for seniors The interest is figured from the original due date of the return to the date of payment. Income tax for seniors   For more information, see the instructions for Form 7004. Income tax for seniors How to pay your taxes. Income tax for seniors   A corporation must pay its tax due in full no later than the 15th day of the 3rd month after the end of its tax year. Income tax for seniors Electronic Federal Tax Payment System (EFTPS). Income tax for seniors   Corporations generally must use EFTPS to make deposits of all tax liabilities (including social security, Medicare, withheld income, excise, and corporate income taxes). Income tax for seniors For more information on EFTPS and enrollment, visit www. Income tax for seniors eftps. Income tax for seniors gov or call 1-800-555-4477. Income tax for seniors Also see Publication 966, The Secure Way to Pay Your Federal Taxes. Income tax for seniors Note. Income tax for seniors Forms 8109 and 8109-B, Federal Tax Deposit Coupon, can no longer be used to make federal tax deposits. Income tax for seniors Penalties Generally, if the corporation receives a notice about interest and penalties after it files its return, send the IRS an explanation and we will determine if the corporation meets reasonable-cause criteria. Income tax for seniors Do not attach an explanation when the corporation's return is filed. Income tax for seniors See the instructions for your income tax return. Income tax for seniors Late filing of return. Income tax for seniors    A corporation that does not file its tax return by the due date, including extensions, may be penalized 5% of the unpaid tax for each month or part of a month the return is late, up to a maximum of 25% of the unpaid tax. Income tax for seniors If the corporation is charged a penalty for late payment of tax (discussed next) for the same period of time, the penalty for late filing is reduced by the amount of the penalty for late payment. Income tax for seniors The minimum penalty for a return that is over 60 days late is the smaller of the tax due or $100. Income tax for seniors The penalty will not be imposed if the corporation can show the failure to file on time was due to a reasonable cause. Income tax for seniors Late payment of tax. Income tax for seniors    A corporation that does not pay the tax when due may be penalized ½ of 1% of the unpaid tax for each month or part of a month the tax is not paid, up to a maximum of 25% of the unpaid tax. Income tax for seniors The penalty will not be imposed if the corporation can show that the failure to pay on time was due to a reasonable cause. Income tax for seniors Trust fund recovery penalty. Income tax for seniors   If income, social security, and Medicare taxes that a corporation must withhold from employee wages are not withheld or are not deposited or paid to the United States Treasury, the trust fund recovery penalty may apply. Income tax for seniors The penalty is the full amount of the unpaid trust fund tax. Income tax for seniors This penalty may apply to you if these unpaid taxes cannot be immediately collected from the business. Income tax for seniors   The trust fund recovery penalty may be imposed on all persons who are determined by the IRS to be responsible for collecting, accounting for, and paying these taxes, and who acted willfully in not doing so. Income tax for seniors   A responsible person can be an officer or employee of a corporation, an accountant, or a volunteer director/trustee. Income tax for seniors A responsible person also may include one who signs checks for the corporation or otherwise has authority to cause the spending of business funds. Income tax for seniors   Willfully means voluntarily, consciously, and intentionally. Income tax for seniors A responsible person acts willfully if the person knows the required actions are not taking place. Income tax for seniors   For more information on withholding and paying these taxes, see Publication 15 (Circular E), Employer's Tax Guide, and Publication 51, (Circular A), Agricultural Employer's Tax Guide. Income tax for seniors Other penalties. Income tax for seniors   Other penalties can be imposed for negligence, substantial understatement of tax, reportable transaction understatements, and fraud. Income tax for seniors See sections 6662, 6662A, and 6663 of the Internal Revenue Code. Income tax for seniors Estimated Tax Generally, a corporation must make installment payments if it expects its estimated tax for the year to be $500 or more. Income tax for seniors If the corporation does not pay the installments when they are due, it could be subject to an underpayment penalty. Income tax for seniors This section will explain how to avoid this penalty. Income tax for seniors When to pay estimated tax. Income tax for seniors   Installment payments are due by the 15th day of the 4th, 6th, 9th, and 12th months of the corporation's tax year. Income tax for seniors Example 1. Income tax for seniors Your corporation's tax year ends December 31. Income tax for seniors Installment payments are due on April 15, June 15, September 15, and December 15. Income tax for seniors Example 2. Income tax for seniors Your corporation's tax year ends June 30. Income tax for seniors Installment payments are due on October 15, December 15, March 15, and June 15. Income tax for seniors   If any due date falls on a Saturday, Sunday, or legal holiday, the installment is due on the next business day. Income tax for seniors How to figure each required installment. Income tax for seniors   Use Form 1120-W, Estimated Tax for Corporations, as a worksheet to figure each required installment of estimated tax. Income tax for seniors You will generally use one of the following two methods to figure each required installment. Income tax for seniors You should use the method that yields the smallest installment payments. Income tax for seniors Note. Income tax for seniors In these discussions, “return” generally refers to the corporation's original return. Income tax for seniors However, an amended return is considered the original return if it is filed by the due date (including extensions) of the original return. Income tax for seniors Method 1. Income tax for seniors   Each required installment is 25% of the income tax the corporation will show on its return for the current year. Income tax for seniors Method 2. Income tax for seniors   Each required installment is 25% of the income tax shown on the corporation's return for the previous year. Income tax for seniors   To use Method 2: The corporation must have filed a return for the previous year, The return must have been for a full 12 months, and The return must have shown a positive tax liability (not zero). Income tax for seniors Also, if the corporation is a large corporation, it can use Method 2 to figure the first installment only. Income tax for seniors   See the Instructions for Form 1120-W, for the definition of a large corporation and other special rules for large corporations. Income tax for seniors Other methods. Income tax for seniors   If a corporation's income is expected to vary during the year because, for example, its business is seasonal, it may be able to lower the amount of one or more required installments by using one or both of the following methods. Income tax for seniors The annualized income installment method. Income tax for seniors The adjusted seasonal installment method. Income tax for seniors Use Schedule A of Form 1120-W to determine if using one or both of these methods will lower the amount of any required installments. Income tax for seniors Refiguring required installments. Income tax for seniors   If after the corporation figures and deposits its estimated tax it finds that its tax liability for the year will be more or less than originally estimated, it may have to refigure its required installments to see if an underpayment penalty may apply. Income tax for seniors An immediate catchup payment should be made to reduce any penalty resulting from the underpayment of any earlier installments. Income tax for seniors Underpayment penalty. Income tax for seniors   If the corporation does not pay a required installment of estimated tax by its due date, it may be subject to a penalty. Income tax for seniors The penalty is figured separately for each installment due date. Income tax for seniors The corporation may owe a penalty for an earlier due date, even if it paid enough tax later to make up the underpayment. Income tax for seniors This is true even if the corporation is due a refund when its return is filed. Income tax for seniors Form 2220. Income tax for seniors   Use Form 2220, Underpayment of Estimated Tax by Corporations, to determine if a corporation is subject to the penalty for underpayment of estimated tax and to figure the amount of the penalty. Income tax for seniors   If the corporation is charged a penalty, the amount of the penalty depends on the following three factors. Income tax for seniors The amount of the underpayment. Income tax for seniors The period during which the underpayment was due and unpaid. Income tax for seniors The interest rate for underpayments published quarterly by the IRS in the Internal Revenue Bulletin. Income tax for seniors   A corporation generally does not have to file Form 2220 with its income tax return because the IRS will figure any penalty and bill the corporation. Income tax for seniors However, even if the corporation does not owe a penalty, complete and attach the form to the corporation's tax return if any of the following apply. Income tax for seniors The annualized income installment method was used to figure any required installment. Income tax for seniors The adjusted seasonal installment method was used to figure any required installment. Income tax for seniors The corporation is a large corporation figuring its first required installment based on the prior year's tax. Income tax for seniors How to pay estimated tax. Income tax for seniors   A corporation is generally required to use EFTPS to pay its taxes. Income tax for seniors See Electronic Federal Tax Payment System (EFTPS), earlier. Income tax for seniors Also see the Instructions for Form 1120-W. Income tax for seniors Quick refund of overpayments. Income tax for seniors   A corporation that has overpaid its estimated tax for the tax year may be able to apply for a quick refund. Income tax for seniors Use Form 4466, Corporation Application for Quick Refund of Overpayment of Estimated Tax, to apply for a quick refund of an overpayment of estimated tax. Income tax for seniors A corporation can apply for a quick refund if the overpayment is: At least 10% of its expected tax liability, and At least $500. Income tax for seniors Use Form 4466 to figure the corporation's expected tax liability and the overpayment of estimated tax. Income tax for seniors File Form 4466 before the 16th day of the 3rd month after the end of the tax year, but before the corporation files its income tax return. Income tax for seniors Do not file Form 4466 before the end of the corporation's tax year. Income tax for seniors An extension of time to file the corporation's income tax return will not extend the time for filing Form 4466. Income tax for seniors The IRS will act on the form within 45 days from the date you file it. Income tax for seniors U. Income tax for seniors S. Income tax for seniors Real Property Interest If a domestic corporation acquires a U. Income tax for seniors S. Income tax for seniors real property interest from a foreign person or firm, the corporation may have to withhold tax on the amount it pays for the property. Income tax for seniors The amount paid includes cash, the fair market value of other property, and any assumed liability. Income tax for seniors If a domestic corporation distributes a U. Income tax for seniors S. Income tax for seniors real property interest to a foreign person or firm, it may have to withhold tax on the fair market value of the property. Income tax for seniors A corporation that fails to withhold may be liable for the tax, and any penalties and interest that apply. Income tax for seniors For more information, see section 1445 of the Internal Revenue Code; Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities; Form 8288, U. Income tax for seniors S. Income tax for seniors Withholding Tax Return for Dispositions by Foreign Persons of U. Income tax for seniors S. Income tax for seniors Real Property Interests; and Form 8288-A, Statement of Withholding on Dispositions by Foreign Persons of U. Income tax for seniors S. Income tax for seniors Real Property Interests. Income tax for seniors Accounting Methods An accounting method is a set of rules used to determine when and how income and expenses are reported. Income tax for seniors Taxable income should be determined using the method of accounting regularly used in keeping the corporation's books and records. Income tax for seniors In all cases, the method used must clearly show taxable income. Income tax for seniors Generally, permissible methods include: Cash, Accrual, or Any other method authorized by the Internal Revenue Code. Income tax for seniors Accrual method. Income tax for seniors   Generally, a corporation (other than a qualified personal service corporation) must use the accrual method of accounting if its average annual gross receipts exceed $5 million. Income tax for seniors A corporation engaged in farming operations also must use the accrual method. Income tax for seniors   If inventories are required, the accrual method generally must be used for sales and purchases of merchandise. Income tax for seniors However, qualifying taxpayers and eligible businesses of qualifying small business taxpayers are excepted from using the accrual method for eligible trades or businesses and may account for inventoriable items as materials and supplies that are not incidental. Income tax for seniors   Under the accrual method, an amount is includable in income when: All the events have occurred that fix the right to receive the income, which is the earliest of the date: The required performance takes place, Payment is due, or Payment is received; and The amount can be determined with reasonable accuracy. Income tax for seniors   Generally, an accrual basis taxpayer can deduct accrued expenses in the tax year when: All events that determine the liability have occurred, The amount of the liability can be figured with reasonable accuracy, and Economic performance takes place with respect to the expense. Income tax for seniors   There are exceptions to the economic performance rule for certain items, including recurring expenses. Income tax for seniors See section 461(h) of the Internal Revenue Code and the related regulations for the rules for determining when economic performance takes place. Income tax for seniors Nonaccrual experience method. Income tax for seniors   Accrual method corporations are not required to maintain accruals for certain amounts from the performance of services that, on the basis of their experience, will not be collected, if: The services are in the fields of health, law, engineering, architecture, accounting, actuarial science, performing arts, or consulting; or The corporation's average annual gross receipts for the 3 prior tax years does not exceed $5 million. Income tax for seniors   This provision does not apply if interest is required to be paid on the amount or if there is any penalty for failure to pay the amount timely. Income tax for seniors Percentage of completion method. Income tax for seniors   Long-term contracts (except for certain real property construction contracts) must generally be accounted for using the percentage of completion method described in section 460 of the Internal Revenue Code. Income tax for seniors Mark-to-market accounting method. Income tax for seniors   Generally, dealers in securities must use the mark-to-market accounting method described in section 475 of the Internal Revenue Code. Income tax for seniors Under this method any security held by a dealer as inventory must be included in inventory at its FMV. Income tax for seniors Any security not held as inventory at the close of the tax year is treated as sold at its FMV on the last business day of the tax year. Income tax for seniors Any gain or loss must be taken into account in determining gross income. Income tax for seniors The gain or loss taken into account is treated as ordinary gain or loss. Income tax for seniors   Dealers in commodities and traders in securities and commodities can elect to use the mark-to-market accounting method. Income tax for seniors Change in accounting method. Income tax for seniors   A corporation can change its method of accounting used to report taxable income (for income as a whole or for the treatment of any material item). Income tax for seniors The corporation must file Form 3115, Application for Change in Accounting Method. Income tax for seniors For more information, see Form 3115 and Publication 538. Income tax for seniors Section 481(a) adjustment. Income tax for seniors   The corporation may have to make an adjustment under section 481(a) of the Internal Revenue Code to prevent amounts of income or expense from being duplicated or omitted. Income tax for seniors The section 481(a) adjustment period is generally 1 year for a net negative adjustment and 4 years for a net positive adjustment. Income tax for seniors However, a corporation can elect to use a 1-year adjustment period if the net section 481(a) adjustment for the change is less than $25,000. Income tax for seniors The corporation must complete the appropriate lines of Form 3115 to make the election. Income tax for seniors See the Instructions for Form 3115. Income tax for seniors Accounting Periods A corporation must figure its taxable income on the basis of a tax year. Income tax for seniors A tax year is the annual accounting period a corporation uses to keep its records and report its income and expenses. Income tax for seniors Generally, corporations can use either a calendar year or a fiscal year as its tax year. Income tax for seniors Unless special rules apply, a corporation generally adopts a tax year by filing its first federal income tax return using that tax year. Income tax for seniors For more information, see Publication 538. Income tax for seniors Personal service corporation. Income tax for seniors   A personal service corporation must use a calendar year as its tax year unless: It elects to use a 52–53 week tax year that ends with reference to the calendar year; It can establish a business purpose for a different tax year and obtains approval of the IRS. Income tax for seniors See Form 1128, Application To Adopt, Change, or Retain a Tax Year, and Publication 538; or It elects under section 444 of the Internal Revenue Code to have a tax year other than a calendar year. Income tax for seniors Use Form 8716, Election to Have a Tax Year Other Than a Required Tax Year, to make the election. Income tax for seniors   If a personal service corporation makes a section 444 election, its deduction for certain amounts paid to employee-owners may be limited. Income tax for seniors See Schedule H (Form 1120), Section 280H Limitations for a Personal Service Corporation (PSC), to figure the maximum deduction. Income tax for seniors Change of tax year. Income tax for seniors   Generally, a corporation must get the consent of the IRS before changing its tax year by filing Form 1128. Income tax for seniors However, under certain conditions, a corporation can change its tax year without getting the consent. Income tax for seniors For more information, see Form 1128 and Publication 538. Income tax for seniors Recordkeeping A corporation should keep its records for as long as they may be needed for the administration of any provision of the Internal Revenue Code. Income tax for seniors Usually records that support items of income, deductions, or credits on the return must be kept for 3 years from the date the return is due or filed, whichever is later. Income tax for seniors Keep records that verify the corporation's basis in property for as long as they are needed to figure the basis of the original or replacement property. Income tax for seniors The corporation should keep copies of all filed returns. Income tax for seniors They help in preparing future and amended returns and in the calculation of earnings and profits. Income tax for seniors Income, Deductions, and Special Provisions Rules on income and deductions that apply to individuals also apply, for the most part, to corporations. Income tax for seniors However, the following special provisions apply only to corporations. Income tax for seniors Costs of Going Into Business When you go into business, treat all costs you incur to get your business started as capital expenses. Income tax for seniors However, a corporation can elect to deduct a limited amount of start-up or organizational costs. Income tax for seniors Any costs not deducted can be amortized. Income tax for seniors Start-up costs are costs for creating an active trade or business or investigating the creation or acquisition of an active trade or business. Income tax for seniors Organizational costs are the direct costs of creating the corporation. Income tax for seniors For more information on deducting or amortizing start-up and organizational costs, see the instructions for your income tax return. Income tax for seniors Also see, Publication 535, chapter 7, Costs You Can Deduct or Capitalize, and chapter 8, Amortization. Income tax for seniors Related Persons A corporation that uses an accrual method of accounting cannot deduct business expenses and interest owed to a related person who uses the cash method of accounting until the corporation makes the payment and the corresponding amount is includible in the related person's gross income. Income tax for seniors Determine the relationship, for this rule, as of the end of the tax year for which the expense or interest would otherwise be deductible. Income tax for seniors If a deduction is denied, the rule will continue to apply even if the corporation's relationship with the person ends before the expense or interest is includible in the gross income of that person. Income tax for seniors These rules also deny the deduction of losses on the sale or exchange of property between related persons. Income tax for seniors Related persons. Income tax for seniors   For purposes of this rule, the following persons are related to a corporation. Income tax for seniors Another corporation, that is a member of the same controlled group (as defined in section 267(f) of the Internal Revenue Code). Income tax for seniors An individual who owns, directly or indirectly, more than 50% of the value of the outstanding stock of the corporation. Income tax for seniors A trust fiduciary, when the trust or the grantor of the trust owns, directly or indirectly, more than 50% in value of the outstanding stock of the corporation. Income tax for seniors An S corporation, if the same persons own more than 50% in value of the outstanding stock of each corporation. Income tax for seniors A partnership, if the same persons own more than 50% in value of the outstanding stock of the corporation and more than 50% of the capital or profits interest in the partnership. Income tax for seniors Any employee-owner, if the corporation is a personal service corporation (see Personal service corporation, earlier), regardless of the amount of stock owned by the employee-owner. Income tax for seniors Ownership of stock. Income tax for seniors   To determine whether an individual directly or indirectly owns any of the outstanding stock of a corporation, the following apply. Income tax for seniors Stock owned, directly or indirectly, by or for a corporation, partnership, estate, or trust, is treated as being owned proportionately by or for its shareholders, partners, or beneficiaries. Income tax for seniors An individual is treated as owning the stock owned, directly or indirectly, by or for the individual's family. Income tax for seniors Family includes only brothers and sisters (including half brothers and half sisters), a spouse, ancestors, and lineal descendants. Income tax for seniors Any individual owning (other than by applying (2), above) stock in a corporation, is treated as also owning the stock owned directly or indirectly by that individual's partner. Income tax for seniors To apply (1), (2), or (3), above, stock constructively owned by a person under (1) is treated as actually owned by that person. Income tax for seniors But stock constructively owned by an individual under (2) or (3) is not treated as actually owned by the individual for applying either (2) or (3) to make another person the constructive owner of that stock. Income tax for seniors Reallocation of income and deductions. Income tax for seniors   Where it is necessary to clearly show income or prevent tax evasion, the IRS can reallocate gross income, deductions, credits, or allowances between two or more organizations, trades, or businesses owned or controlled directly, or indirectly, by the same interests. Income tax for seniors Complete liquidations. Income tax for seniors   The disallowance of losses from the sale or exchange of property between related persons does not apply to liquidating distributions. Income tax for seniors More information. Income tax for seniors   For more information about the related person rules, see Publication 544. Income tax for seniors Income From Qualifying Shipping Activities A corporation may make an election to be taxed on its notional shipping income at the highest corporate tax rate. Income tax for seniors If a corporation makes this election it may exclude income from qualifying shipping activities from gross income. Income tax for seniors Also if the election is made, the corporation generally may not claim any loss, deduction, or credit with respect to qualifying shipping activities. Income tax for seniors A corporation making this election may also elect to defer gain on the disposition of a qualifying vessel. Income tax for seniors A corporation uses Form 8902, Alternative Tax on Qualifying Shipping Activities, to make the election and figure the alternative tax. Income tax for seniors For more information regarding the election, see Form 8902. Income tax for seniors Election to Expense Qualified Refinery Property A corporation can make an irrevocable election on its tax return filed by the due date (including extensions) to deduct 50% of the cost of qualified refinery property (defined in section 179C(c) of the Internal Revenue Code), placed in service before January 1, 2014. Income tax for seniors The deduction is allowed for the year in which the property is placed in service. Income tax for seniors A subchapter T cooperative can make an irrevocable election on its return by the due date (including extensions) to allocate this deduction to its owners based on their ownership interest. Income tax for seniors For more information, see section 179C of the Internal Revenue Code and the related Regulations. Income tax for seniors Deduction to Comply With EPA Sulfur Regulations A small business refiner can make an irrevocable election on its tax return filed by the due date (including extensions) to deduct up to 75% of qualified costs paid or incurred to comply with the Highway Diesel Fuel Sulfur Control Requirements of the Environmental Protection Agency (EPA). Income tax for seniors A subchapter T cooperative can make an irrevocable election on its return filed by the due date (including extensions) to allocate the deduction to its owners based on their ownership interest. Income tax for seniors For more information, see sections 45H and 179B of the Internal Revenue Code and the related Regulations. Income tax for seniors Energy-Efficient Commercial Building Property Deduction A corporation can claim a deduction for costs associated with energy-efficient commercial building property, placed in service before January 1, 2014. Income tax for seniors In order to qualify for the deduction: The costs must be associated with depreciable or amortizable property in a Standard 90. Income tax for seniors 1-2001 domestic building; The property must be either a part of the interior lighting system, the heating, cooling, ventilation and hot water system, or the building envelope (defined in section 179D(c)(1)(C) of the Internal Revenue Code); and The property must be installed as part of a plan to reduce the total annual energy and power costs of the building by 50% or more. Income tax for seniors The deduction is limited to $1. Income tax for seniors 80 per square foot of the building less the total amount of deductions taken for this property in prior tax years. Income tax for seniors Other rules and limitations apply. Income tax for seniors The corporation must reduce the basis of any property by any deduction taken. Income tax for seniors The deduction is subject to recapture if the corporation fails to fully implement an energy savings plan. Income tax for seniors For more information, see section 179D of the Internal Revenue Code. Income tax for seniors Also see Notice 2006-52, 2006-26 I. Income tax for seniors R. Income tax for seniors B. Income tax for seniors 1175, clarified and amplified by Notice 2008-40, 2008-14 I. Income tax for seniors R. Income tax for seniors B. Income tax for seniors 725, and any successor. Income tax for seniors Corporate Preference Items A corporation must make special adjustments to certain items before it takes them into account in determining its taxable income. Income tax for seniors These items are known as corporate preference items and they include the following. Income tax for seniors Gain on the disposition of section 1250 property. Income tax for seniors For more information, see section 1250 Property under Depreciation Recapture in chapter 3 of Publication 544. Income tax for seniors Percentage depletion for iron ore and coal (including lignite). Income tax for seniors For more information, see Mines and Geothermal Deposits under Mineral Property in chapter 9 of Publication 535. Income tax for seniors Amortization of pollution control facilities. Income tax for seniors For more information, see Pollution Control Facilities in chapter 8 of Publication 535 and section 291(a)(5) of the Internal Revenue Code. Income tax for seniors Mineral exploration and development costs. Income tax for seniors For more information, see Exploration Costs and Development Costs in chapter 7 of Publication 535. Income tax for seniors For more information on corporate preference items, see section 291 of the Internal Revenue Code. Income tax for seniors Dividends-Received Deduction A corporation can deduct a percentage of certain dividends received during its tax year. Income tax for seniors This section discusses the general rules that apply. Income tax for seniors The deduction is figured on Form 1120, Schedule C, or the applicable schedule of your income tax return. Income tax for seniors For more information, see the Instructions for Form 1120, or the instructions for your applicable income tax return. Income tax for seniors Dividends from domestic corporations. Income tax for seniors   A corporation can deduct, within certain limits, 70% of the dividends received if the corporation receiving the dividend owns less than 20% of the corporation distributing the dividend. Income tax for seniors If the corporation owns 20% or more of the distributing corporation's stock, it can, subject to certain limits, deduct 80% of the dividends received. Income tax for seniors Ownership. Income tax for seniors   Determine ownership, for these rules, by the amount of voting power and value of the paying corporation's stock (other than certain preferred stock) the receiving corporation owns. Income tax for seniors Small business investment companies. Income tax for seniors   Small business investment companies can deduct 100% of the dividends received from taxable domestic corporations. Income tax for seniors Dividends from regulated investment companies. Income tax for seniors   Regulated investment company dividends received are subject to certain limits. Income tax for seniors Capital gain dividends received from a regulated investment company do not qualify for the deduction. Income tax for seniors For more information, see section 854 of the Internal Revenue Code. Income tax for seniors No deduction allowed for certain dividends. Income tax for seniors   Corporations cannot take a deduction for dividends received from the following entities. Income tax for seniors A real estate investment trust (REIT). Income tax for seniors A corporation exempt from tax under section 501 or 521 of the Internal Revenue Code either for the tax year of the distribution or the preceding tax year. Income tax for seniors A corporation whose stock was held less than 46 days during the 91-day period beginning 45 days before the stock became ex-dividend with respect to the dividend. Income tax for seniors Ex-dividend means the holder has no rights to the dividend. Income tax for seniors A corporation whose preferred stock was held less than 91 days during the 181-day period beginning 90 days before the stock became ex-dividend with respect to the dividend if the dividends received are for a period or periods totaling more than 366 days. Income tax for seniors Any corporation, if your corporation is under an obligation (pursuant to a short sale or otherwise) to make related payments with respect to positions in substantially similar or related property. Income tax for seniors Dividends on deposits. Income tax for seniors   Dividends on deposits or withdrawable accounts in domestic building and loan associations, mutual savings banks, cooperative banks, and similar organizations are interest, not dividends. Income tax for seniors They do not qualify for this deduction. Income tax for seniors Limit on deduction for dividends. Income tax for seniors   The total deduction for dividends received or accrued is generally limited (in the following order) to: 80% of the difference between taxable income and the 100% deduction allowed for dividends received from affiliated corporations, or by a small business investment company, for dividends received or accrued from 20%-owned corporations, then 70% of the difference between taxable income and the 100% deduction allowed for dividends received from affiliated corporations, or by a small business investment company, for dividends received or accrued from less-than-20%-owned corporations (reducing taxable income by the total dividends received from 20%-owned corporations). Income tax for seniors Figuring the limit. Income tax for seniors   In figuring the limit, determine taxable income without the following items. Income tax for seniors The net operating loss deduction. Income tax for seniors The domestic production activities deduction. Income tax for seniors The deduction for dividends received. Income tax for seniors Any adjustment due to the nontaxable part of an extraordinary dividend (see Extraordinary Dividends, below). Income tax for seniors Any capital loss carryback to the tax year. Income tax for seniors Effect of net operating loss. Income tax for seniors   If a corporation has a net operating loss (NOL) for a tax year, the limit of 80% (or 70%) of taxable income does not apply. Income tax for seniors To determine whether a corporation has an NOL, figure the dividends-received deduction without the 80% (or 70%) of taxable income limit. Income tax for seniors Example 1. Income tax for seniors A corporation loses $25,000 from operations. Income tax for seniors It receives $100,000 in dividends from a 20%-owned corporation. Income tax for seniors Its taxable income is $75,000 ($100,000 – $25,000) before the deduction for dividends received. Income tax for seniors If it claims the full dividends-received deduction of $80,000 ($100,000 × 80%) and combines it with an operations loss of $25,000, it will have an NOL of ($5,000). Income tax for seniors Therefore, the 80% of taxable income limit does not apply. Income tax for seniors The corporation can deduct the full $80,000. Income tax for seniors Example 2. Income tax for seniors Assume the same facts as in Example 1, except that the corporation only loses $15,000 from operations. Income tax for seniors Its taxable income is $85,000 before the deduction for dividends received. Income tax for seniors After claiming the dividends-received deduction of $80,000 ($100,000 × 80%), its taxable income is $5,000. Income tax for seniors Because the corporation will not have an NOL after applying a full dividends-received deduction, its allowable dividends-received deduction is limited to 80% of its taxable income, or $68,000 ($85,000 × 80%). Income tax for seniors Extraordinary Dividends If a corporation receives an extraordinary dividend on stock held 2 years or less before the dividend announcement date, it generally must reduce its basis in the stock by the nontaxed part of the dividend. Income tax for seniors The nontaxed part is any dividends-received deduction allowable for the dividends. Income tax for seniors Extraordinary dividend. Income tax for seniors   An extraordinary dividend is any dividend on stock that equals or exceeds a certain percentage of the corporation's adjusted basis in the stock. Income tax for seniors The percentages are: 5% for stock preferred as to dividends, or 10% for other stock. Income tax for seniors Treat all dividends received that have ex-dividend dates within an 85-consecutive-day period as one dividend. Income tax for seniors Treat all dividends received that have ex-dividend dates within a 365-consecutive-day period as extraordinary dividends if the total of the dividends exceeds 20% of the corporation's adjusted basis in the stock. Income tax for seniors Disqualified preferred stock. Income tax for seniors   Any dividend on disqualified preferred stock is treated as an extraordinary dividend regardless of the period of time the corporation held the stock. Income tax for seniors   Disqualified preferred stock is any stock preferred as to dividends if any of the following apply. Income tax for seniors The stock when issued has a dividend rate that declines (or can reasonably be expected to decline) in the future. Income tax for seniors The issue price of the stock exceeds its liquidation rights or stated redemption price. Income tax for seniors The stock is otherwise structured to avoid the rules for extraordinary dividends and to enable corporate shareholders to reduce tax through a combination of dividends-received deductions and loss on the disposition of the stock. Income tax for seniors   These rules apply to stock issued after July 10, 1989, unless it was issued under a written binding contract in effect on that date, and thereafter, before the issuance of the stock. Income tax for seniors More information. Income tax for seniors   For more information on extraordinary dividends, see section 1059 of the Internal Revenue Code. Income tax for seniors Below-Market Loans If a corporation receives a below-market loan and uses the proceeds for its trade or business, it may be able to deduct the forgone interest. Income tax for seniors A below-market loan is a loan on which no interest is charged or on which interest is charged at a rate below the applicable federal rate. Income tax for seniors A below-market loan generally is treated as an arm's-length transaction in which the borrower is considered as having received both the following: A loan in exchange for a note that requires payment of interest at the applicable federal rate, and An additional payment in an amount equal to the forgone interest. Income tax for seniors Treat the additional payment as a gift, dividend, contribution to capital, payment of compensation, or other payment, depending on the substance of the transaction. Income tax for seniors Foregone interest. Income tax for seniors   For any period, forgone interest is equal to: The interest that would be payable for that period if interest accrued on the loan at the applicable federal rate and was payable annually on December 31, minus Any interest actually payable on the loan for the period. Income tax for seniors See Below-market loans, in chapter 4 of Publication 535 for more information. Income tax for seniors Charitable Contributions A corporation can claim a limited deduction for charitable contributions made in cash or other property. Income tax for seniors The contribution is deductible if made to, or for the use of, a qualified organization. Income tax for seniors For more information on qualified organizations, see Publication 526, Charitable Contributions. Income tax for seniors Also see, Exempt Organizations Select Check (EO Select Check) at www. Income tax for seniors irs. Income tax for seniors gov/charities, the on-line search tool for finding information on organizations eligible to receive tax-deductible contributions. Income tax for seniors Note. Income tax for seniors You cannot take a deduction if any of the net earnings of an organization receiving contributions benefit any private shareholder or individual. Income tax for seniors Cash method corporation. Income tax for seniors   A corporation using the cash method of accounting deducts contributions in the tax year paid. Income tax for seniors Accrual method corporation. Income tax for seniors   A corporation using an accrual method of accounting can choose to deduct unpaid contributions for the tax year the board of directors authorizes them if it pays them by the 15th day of the 3rd month after the close of that tax year. Income tax for seniors Make the choice by reporting the contribution on the corporation's return for the tax year. Income tax for seniors A declaration stating that the board of directors adopted the resolution during the tax year must accompany the return. Income tax for seniors The declaration must include the date the resolution was adopted. Income tax for seniors Limitations on deduction. Income tax for seniors   A corporation cannot deduct charitable contributions that exceed 10% of its taxable income for the tax year. Income tax for seniors Figure taxable income for this purpose without the following. Income tax for seniors The deduction for charitable contributions. Income tax for seniors The dividends-received deduction. Income tax for seniors The deduction allowed under section 249 of the Internal Revenue Code. Income tax for seniors The domestic production activities deduction. Income tax for seniors Any net operating loss carryback to the tax year. Income tax for seniors Any capital loss carryback to the tax year. Income tax for seniors Farmers and ranchers. Income tax for seniors    Corporations that are farmers and ranchers should see section 170(b)(2) of the Internal Revenue Code for special rules that may affect the deduction limit. Income tax for seniors Carryover of excess contributions. Income tax for seniors   You can carry over, within certain limits, to each of the subsequent 5 years any charitable contributions made during the current year that exceed the 10% limit. Income tax for seniors You lose any excess not used within that period. Income tax for seniors For example, if a corporation has a carryover of excess contributions paid in 2010 and it does not use all the excess on its return for 2011, it can carry any excess over to 2012, 2013, 2014, and 2015, if applicable. Income tax for seniors Any excess not used in 2015 is lost. Income tax for seniors Do not deduct a carryover of excess contributions in the carryover year until after you deduct contributions made in that year (subject to the 10% limit). Income tax for seniors You cannot deduct a carryover of excess contributions to the extent it increases a net operating loss carryover. Income tax for seniors Cash contributions. Income tax for seniors   A corporation must maintain a record of any contribution of cash, check, or other monetary contribution, regardless of the amount. Income tax for seniors The record can be a bank record, receipt, letter, or other written communication from the donee indicating the name of the organization, the date of the contribution, and the amount of the contribution. Income tax for seniors Keep the record of the contribution with the other corporate records. Income tax for seniors Do not attach the records to the corporation's return. Income tax for seniors For more information on cash contributions, see Publication 526. Income tax for seniors Gifts of $250 or more. Income tax for seniors   Generally, no deduction is allowed for any contribution of $250 or more unless the corporation gets a written acknowledgement from the donee organization. Income tax for seniors The acknowledgement should show the amount of cash contributed, a description of the property contributed, and either gives a description and a good faith estimate of the value of any goods or services provided in return for the contribution or states that no goods or services were provided in return for the contribution. Income tax for seniors The acknowledgement should be received by the due date (including extensions) of the return, or, if earlier, the date the return was filed. Income tax for seniors Keep the acknowledgement with other corporate records. Income tax for seniors Do not attach the acknowledgement to the return. Income tax for seniors Contributions of property other than cash. Income tax for seniors   If a corporation (other than a closely-held or a personal service corporation) claims a deduction of more than $500 for contributions of property other than cash, a schedule describing the property and the method used to determine its fair market value must be attached to the corporation's return. Income tax for seniors In addition the corporation should keep a record of: The approximate date and manner of acquisition of the donated property and The cost or other basis of the donated property held by the donor for less than 12 months prior to contribution. Income tax for seniors   Closely held and personal service corporations must complete and attach Form 8283, Noncash Charitable Contributions, to their returns if they claim a deduction of more than $500 for non-cash contributions. Income tax for seniors For all other corporations, if the deduction claimed for donated property exceeds $5,000, complete Form 8283 and attach it to the corporation's return. Income tax for seniors   A corporation must obtain a qualified appraisal for all deductions of property claimed in excess of $5,000. Income tax for seniors A qualified appraisal is not required for the donation of cash, publicly traded securities, inventory, and any qualified vehicles sold by a donee organization without any significant intervening use or material improvement. Income tax for seniors The appraisal should be maintained with other corporate records and only attached to the corporation's return when the deduction claimed exceeds $500,000; $20,000 for donated art work. Income tax for seniors   See Form 8283 for more information. Income tax for seniors Qualified conservation contributions. Income tax for seniors   If a corporation makes a qualified conservation contribution, the corporation must provide information regarding the legal interest being donated, the fair market value of the underlying property before and after the donation, and a description of the conservation purpose for which the property will be used. Income tax for seniors For more information, see section 170(h) of the Internal Revenue Code. Income tax for seniors Contributions of used vehicles. Income tax for seniors   A corporation is allowed a deduction for the contribution of used motor vehicles, boats, and airplanes. Income tax for seniors The deduction is limited, and other special rules apply. Income tax for seniors For more information, see Publication 526. Income tax for seniors Reduction for contributions of certain property. Income tax for seniors   For a charitable contribution of property, the corporation must reduce the contribution by the sum of: The ordinary income and short-term capital gain that would have resulted if the property were sold at its FMV and For certain contributions, the long-term capital gain that would have resulted if the property were sold at its FMV. Income tax for seniors   The reduction for the long-term capital gain applies to: Contributions of tangible personal property for use by an exempt organization for a purpose or function unrelated to the basis for its exemption; Contributions of any property to or for the use of certain private foundations except for stock for which market quotations are readily available; and Contributions of any patent, certain copyrights, trademark, trade name, trade secret, know-how, software (that is a section 197 intangible), or similar property, or applications or registrations of such property. Income tax for seniors Larger deduction. Income tax for seniors   A corporation (other than an S corporation) may be able to claim a deduction equal to the lesser of (a) the basis of the donated inventory or property plus one-half of the inventory or property's appreciation (gain if the donated inventory or property was sold at fair market value on the date of the donation), or (b) two times basis of the donated inventory or property. Income tax for seniors This deduction may be allowed for certain contributions of: Certain inventory and other property made to a donee organization and used solely for the care of the ill, the needy, and infants. Income tax for seniors Scientific property constructed by the corporation (other than an S corporation, personal holding company, or personal service corporation) and donated no later than 2 years after substantial completion of the construction. Income tax for seniors The property must be donated to a qualified organization and its original use must be by the donee for research, experimentation, or research training within the United States in the area of physical or biological science. Income tax for seniors Computer technology and equipment acquired or constructed and donated no later than 3 years after either acquisition or substantial completion of construction to an educational organization for educational purposes within the United States. Income tax for seniors Contributions to organizations conducting lobbying activities. Income tax for seniors   Contributions made to an organization that conducts lobbying activities are not deductible if: The lobbying activities relate to matters of direct financial interest to the donor's trade or business and The principal purpose of the contribution was to avoid federal income tax by obtaining a deduction for activities that would have been nondeductible under the lobbying expense rules if conducted directly by the donor. Income tax for seniors More information. Income tax for seniors   For more information on charitable contributions, including substantiation and recordkeeping requirements, see section 170 of the Internal Revenue Code, the related regulations, and Publication 526. Income tax for seniors Capital Losses A corporation can deduct capital losses only up to the amount of its capital gains. Income tax for seniors In other words, if a corporation has an excess capital loss, it cannot deduct the loss in the current tax year. Income tax for seniors Instead, it carries the loss to other tax years and deducts it from any net capital gains that occur in those years. Income tax for seniors A capital loss is carried to other years in the following order. Income tax for seniors 3 years prior to the loss year. Income tax for seniors 2 years prior to the loss year. Income tax for seniors 1 year prior to the loss year. Income tax for seniors Any loss remaining is carried forward for 5 years. Income tax for seniors When you carry a net capital loss to another tax year, treat it as a short-term loss. Income tax for seniors It does not retain its original identity as long term or short term. Income tax for seniors Example. Income tax for seniors A calendar year corporation has a net short-term capital gain of $3,000 and a net long-term capital loss of $9,000. Income tax for seniors The short-term gain offsets some of the long-term loss, leaving a net capital loss of $6,000. Income tax for seniors The corporation treats this $6,000 as a short-term loss when carried back or forward. Income tax for seniors The corporation carries the $6,000 short-term loss back 3 years. Income tax for seniors In year 1, the corporation had a net short-term capital gain of $8,000 and a net long-term capital gain of $5,000. Income tax for seniors It subtracts the $6,000 short-term loss first from the net short-term gain. Income tax for seniors This results in a net capital gain for year 1 of $7,000. Income tax for seniors This consists of a net short-term capital gain of $2,000 ($8,000 − $6,000) and a net long-term capital gain of $5,000. Income tax for seniors S corporation status. Income tax for seniors   A corporation may not carry a capital loss from, or to, a year for which it is an S corporation. Income tax for seniors Rules for carryover and carryback. Income tax for seniors   When carrying a capital loss from one year to another, the following rules apply. Income tax for seniors When figuring the current year's net capital loss, you cannot combine it with a capital loss carried from another year. Income tax for seniors In other words, you can carry capital losses only to years that would otherwise have a total net capital gain. Income tax for seniors If you carry capital losses from 2 or more years to the same year, deduct the loss from the earliest year first. Income tax for seniors You cannot use a capital loss carried from another year to produce or increase a net operating loss in the year to which you carry it back. Income tax for seniors Refunds. Income tax for seniors   When you carry back a capital loss to an earlier tax year, refigure your tax for that year. Income tax for seniors If your corrected tax is less than the tax you originally owed, use either Form 1139, Corporate Application for Tentative Refund, or Form 1120X, Amended U. Income tax for seniors S. Income tax for seniors Corporation Income Tax Return, to apply for a refund. Income tax for seniors Form 1139. Income tax for seniors    A corporation can get a refund faster by using Form 1139. Income tax for seniors It cannot file Form 1139 before filing the return for the corporation's capital loss year, but it must file Form 1139 no later than 1 year after the year it sustains the capital loss. Income tax for seniors Form 1120X. Income tax for seniors   If the corporation does not file Form 1139, it must file Form 1120X to apply for a refund. Income tax for seniors The corporation must file the Form 1120X within 3 years of the due date, includin