2003 Tax Help Archives  
Publication 570 2003 Tax Year

Publication 570
Main Contents

This is archived information that pertains only to the 2003 Tax Year. If you
are looking for information for the current tax year, go to the Tax Prep Help Area.

Possession Exclusion

For 2003, the possession exclusion applies only to individuals who are bona fide residents of American Samoa. However, there are also similar provisions discussed later, applicable to income derived from sources in, or income earned by residents of, Guam, Commonwealth of Northern Mariana Islands (CNMI), Puerto Rico, and the U.S. Virgin Islands.

Individuals in the following U.S. possessions or territories are not eligible for the possession exclusion discussed here.

  • Baker Island
  • Commonwealth of Northern Mariana Islands (CNMI)
  • Guam
  • Howland Islands
  • Jarvis Island
  • Johnston Island
  • Kingman Reef
  • Midway Islands
  • Palmyra
  • Puerto Rico
  • Virgin Islands
  • Wake Island

Special filing requirements apply to individuals in the CNMI, Guam, Puerto Rico, and the Virgin Islands. See Filing Requirements for Individuals in U.S. Possessions, later. Individuals in the other possessions listed above should see If You Do Not Qualify, later.

Qualifications

To qualify for the possession exclusion, you must be a bona fide resident of American Samoa for the entire tax year. For example, if your tax year is the calendar year, you must be a bona fide resident from January 1 through December 31. In addition to this time requirement, the following factors may be considered in determining bona fide residence.

  • Your intent to be a resident of American Samoa, as shown by the circumstances.
  • The establishment of a permanent home for you and members of your family in American Samoa for an indefinite period of time.
  • Your social, cultural, and economic ties to American Samoa.
  • Your physical presence for the year.

Other factors that may be considered are the nature, extent, and reasons for temporary absences; assumption of economic burdens and payment of taxes to American Samoa; existence of other homes outside of American Samoa; and place of employment.

Caution

If you were not a bona fide resident of American Samoa for all of 2003, you cannot claim the possession exclusion. See If You Do Not Qualify, later.

What Income Can Be Excluded

If you qualify as a bona fide resident of American Samoa for 2003, you can exclude income from sources in American Samoa, Guam, or the CNMI, and income effectively connected with your trade or business in these possessions.

Possession source income.

Excludable income from sources within the possessions includes the following.

  1. Wages, salaries, and other kinds of pay for personal services performed in the possessions. (But see U.S. Government wages, later, for an exception.)
  2. Dividends received from possession sources, including those paid by:

    1. U.S. corporations that do business in the possessions and elect the Puerto Rico and possession tax credit, and
    2. Possession and foreign corporations that do business mainly in the possessions.

  3. Interest on deposits paid by banks that do business mainly in the possessions, including interest paid on deposits with the possession branches of:

    1. Domestic banks with commercial banking business in the possessions, and
    2. Savings and loan associations chartered under federal or state laws.

  4. Gains from the sale of securities, such as stock certificates, are from sources in the possessions if the seller's residence is in a possession and the sale is not attributable to an office or other fixed place of business maintained by the seller in the United States.

U.S. Government wages.

For purposes of the possession exclusion, possession source income does not include wages, salaries, etc., paid by the U.S. Government or any of its agencies to civilian or military employees.

Scholarships and fellowships.

The source of a scholarship or fellowship grant is generally the residence of the payer. The result is the same if payments are made by an agency acting on behalf of the payer.

Examples.

In the following examples, assume that corporations chartered in American Samoa (American Samoan corporations) do business only in American Samoa, and that the U.S. and foreign corporations do not carry on business in the possessions.

Example 1.

Frank Harris, who is single, is an engineer who went to work in American Samoa for a private construction company in August 2002. He lived there for all of 2003. He is a bona fide resident of American Samoa for 2003.

During 2003, he received the following amounts of income.

Possession source income:
Samoan wages $23,300
Nonpossession source income:    
Dividends (U.S.) 400  
Dividends (foreign) 100  
Interest (U.S.) 1,300 1,800
Total income   $25,100

Frank's possession source income eligible for the exclusion is $23,300. Frank's remaining income ($1,800) is not possession source income and is not eligible for the exclusion.

Example 2.

Oliver Hunter was employed by a private employer in American Samoa from June 2002, through December 31, 2003. He is a bona fide resident of American Samoa for 2003.

During 2003, he received the following amounts of income.

Possession source income:    
Samoan wages $16,000  
Guam interest 500  
    $16,500
Nonpossession source income:    
U.S. dividends 2,000  
Short-term capital gain from sale of U.S. stock 4,000 6,000
Total income   $22,500

Oliver's possession source income of $16,500 is eligible for the exclusion. Oliver's remaining income ($6,000) is not possession source income and is not eligible for the exclusion.

Deductions and Credits

You can neither deduct nor claim a credit for items connected to your possession income that you exclude from gross income on your U.S. income tax return. See Filing U.S. Tax Returns, later, to find out if you have to file a U.S. income tax return.

Items that do not apply to a particular type of income must be divided between your excluded income from possession sources and income from all other sources to find the amount you can deduct on your U.S. tax return. Examples of these items are medical expenses, real estate taxes, mortgage interest on your home, and charitable contributions.

Figuring the deduction.

To figure the amount of an item you can deduct on your U.S. income tax return, multiply the amount by the following fraction.

Gross income from sources
outside the possessions
Total gross income from all
sources (including excluded
possession income)

Standard deduction.

The standard deduction does not apply to a particular type of income. It must be divided between your excluded income and income from other sources. This division must be made before you can determine if you must file a U.S. tax return, because the minimum income level at which you must file a return is based, in part, on the standard deduction for your filing status.

Example.

Barbara Jones, a U.S. citizen, is single, under 65, and a bona fide resident of American Samoa. During 2003, she received $20,000 of income from Samoan sources and $5,000 of income from sources outside the possessions. She does not itemize her deductions. Her allowable standard deduction for 2003 is figured as follows:

$5,000
$25,000
× $4,750 (standard deduction) = $950

Foreign tax credit.

If you must report possession source income on your U.S. tax return, you can claim a foreign tax credit for income taxes paid in the possessions on that income. You cannot claim a foreign tax credit for taxes paid on excluded possession income. The foreign tax credit is generally figured on Form 1116.

If you have income, such as U.S. Government wages, that is not excludable, and you have income from possession sources that is excludable, you must figure the credit by reducing your foreign taxes paid or accrued by the taxes based on the excluded income. You must make this reduction for each separate income category. To find the amount of this reduction, use the following formula for each income category.

Formula 3

Formula 3

For more information on the foreign tax credit, get Publication 514.

Personal exemptions.

Personal exemptions are allowed in full. They are not divided. However, they may be phased out depending upon your adjusted gross income and filing status.

Moving expenses.

If you are claiming expenses for a move to a U.S. possession from the United States, or from a U.S. possession to the United States, use Form 3903, Moving Expenses. These are not considered foreign moves. Get Publication 521, Moving Expenses, for more information.

If You Do Not Qualify

If you do not qualify for the possession exclusion because you are not a bona fide resident of American Samoa (as explained earlier), or not a bona fide resident of American Samoa for the entire year, figure your tax liability in the usual manner. Report all your taxable income, including income from foreign and possession sources, and claim all allowable exemptions, deductions, and credits, following the instructions for Form 1040.

You can take a credit against your U.S. tax liability if you paid income taxes to a foreign country or a possession and reported income from sources outside the United States on your U.S. tax return. Get Form 1116 to determine your credit and whether you must attach Form 1116 to your Form 1040. For more information, see Publication 514.

Filing U.S. Tax Returns

If you do not qualify for the possession exclusion, you must generally file a U.S. income tax return if your gross income was at least the amount shown below for your filing status.

Filing status: Gross income of at least:
Single $7,800
Married, filing jointly* 15,600
Married, filing separately 3,050
Head of household 10,050
Qualifying widow(er) 12,550
*If you did not live with your spouse at the end of 2003 (or on the date your spouse died) and your gross income was at least $3,050, you must file a return.

If you were age 65 or over at the end of 2003, and you do not qualify for the possession exclusion, the minimum income levels for filing a return are higher. For these amounts, see the instructions for Form 1040.

Some persons (such as those who can be claimed as a dependent on another person's return) must file a tax return even though their gross income is less than the amount shown above for their filing status. For more information, see the instructions for Form 1040.

Bona fide residents of American Samoa.

If you qualify for the possession exclusion and all of your income is from sources in American Samoa, Guam, or the CNMI, or is effectively connected with your trade or business in these possessions, you do not have to file a U.S. income tax return.

If you qualify for the possession exclusion and you have income from sources outside American Samoa, Guam, or the CNMI, you must file a U.S. income tax return if your gross income is at least the amount shown on line 3 of the following worksheet.

1. Enter the allowable standard deduction you figured earlier under Deductions and Credits.  
2. Personal exemption. (If your filing status is married filing jointly, enter $6,100. Otherwise, enter $3,050.)  
3. Add lines 1 and 2. You must file a U.S. income tax return if your gross income from sources outside American Samoa, Guam, and the CNMI is at least this amount.  

Example.

Regina Gray, a U.S. citizen, uses a calendar tax year. She was employed in American Samoa from July 2002 to January 2004. Her 2003 income consisted of her salary from her job plus interest of $500 on deposits in a U.S. bank.

Regina does not have to file a U.S. income tax return for 2003 because she can claim the possession exclusion, and her U.S. income is below the amount that would require her to file a U.S. tax return.

Form 4563.

If you must file a U.S. income tax return and you qualify for the possession exclusion, claim the exclusion by attaching Form 4563 to Form 1040. Form 4563 cannot be filed by itself. There is an example of a filled-in Form 4563 near the end of this publication.

Tip

If you must file a U.S. income tax return, you may be able to file a paperless return using IRS e-file. See your form instructions or visit our web site at www.irs.gov.

When and Where To File

If you file on a calendar year basis, the due date for filing your U.S. income tax return is April 15 following the end of your tax year. If you use a fiscal year (a year ending on the last day of a month other than December), the due date is the 15th day of the 4th month after the end of your fiscal year. If any due date falls on a Saturday, Sunday, or legal holiday, your tax return is due on the next business day.

For this purpose, a legal holiday is a legal holiday in the District of Columbia or in the state where the return is required to be filed. It does not include a legal holiday in a foreign country, unless it is also a legal holiday described in the previous sentence.

Federal tax returns mailed by taxpayers are filed on time if they bear an official postmark dated on or before the due date, including any extensions. If you use a private delivery service designated by the IRS, the postmark date generally is the date the private delivery service records in its database or marks on the mailing label. See your form instructions for a list of designated private delivery services.

Extensions of time to file.

If you live outside the United States and Puerto Rico and have your main place of business or post of duty outside the United States and Puerto Rico on the regular due date of your return, you are automatically granted a 2-month extension to file your return. If you file on a calendar year basis, you have until June 15. This extension is also available if you are on military duty outside the United States and Puerto Rico. Your assigned tour of duty outside the United States and Puerto Rico must include the entire due date of your return.

If you use this automatic 2-month extension, you must attach a statement to your return showing that you qualify for it. You must pay interest on any unpaid tax from the original due date (April 15 if you file a calendar year return) to the date you pay the tax.

Married persons.

If you and your spouse file a joint return, only one of you needs to meet the qualifications discussed above to take advantage of the automatic extension to June 15 for filing your tax return.

If you file separate returns instead of a joint return, only the spouse who meets the qualifications can use the automatic extension.

4-month extension.

You can get an automatic 4-month extension of time to file your tax return if you do one of the following by the due date for filing your return.

  • E-file Form 4868 by phone. You can do this only during the period of February 13 – April 15.
  • E-file Form 4868 using your personal computer or a tax professional.
  • E-file and pay by credit card. You may pay by phone or over the internet. You do not file Form 4868.
  • File a paper Form 4868.

See Form 4868 for information on getting an extension using these options.

You must estimate your tax liability for the year and, if you think you owe tax, you can make a payment. You will be charged interest on any tax not paid by the regular due date of your return, and you may be charged a penalty for the late payment. Any payment you made with the application for extension should be entered on line 66 of Form 1040.

U.S. citizens or residents living outside the United States.

If you live outside the United States and Puerto Rico and you qualify for the automatic 2-month extension (discussed earlier), you can file a paper Form 4868 by June 15 to get an additional 2 months to file. Print “Taxpayer Abroad” across the top of Form 4868. You cannot request this extension by phone or computer.

Note.

You cannot ask the Internal Revenue Service to figure your tax if you use the extension of time to file.

Extension beyond 4 months.

Further extensions of the time to file are granted only under very unusual circumstances. If you need additional time to file, apply for the extension either in a letter or by filing Form 2688. Extensions beyond the 4-month automatic extension are not granted as a matter of course. You must show reasonable cause.

Except in undue hardship cases, an application for extension on Form 2688 will not be accepted until you have taken advantage of the automatic 4-month extension.

Where to file.

If you have to file Form 1040 with the United States, and you use Form 4563 to exclude income from American Samoa, Guam, and the CNMI, file your return with the Internal Revenue Service Center, Philadelphia, PA 19255–0215. If you do not qualify for the possession exclusion, mail your return to the address shown for the possession or state in which you reside in the Form 1040 instructions.

E-file.

If you must file a U.S. income tax return, you may be able to file a paperless return using IRS e-file. See your form instructions or visit our web site at www.irs.gov.

Self-Employment Tax

A U.S. citizen who is self-employed must pay self-employment tax on net self-employment earnings of $400 or more. This rule applies whether or not the earnings are excludable from gross income (or whether or not a U.S. income tax return must otherwise be filed).

Your payments of self-employment tax contribute to your coverage under the social security system. Social security coverage provides you with old age, survivor, and disability benefits and hospital insurance.

The self-employment tax rate is 15.3% (12.4% social security tax plus 2.9% Medicare tax). The maximum amount of earnings subject to social security (old age, survivor, and disability insurance) tax is $87,000 for 2003. All earnings are subject to Medicare (hospital insurance) tax.

Self-employment tax form.

If you have to file Form 1040 with the United States, figure your self-employment tax on Schedule SE (Form 1040) and attach it to Form 1040.

If you are a resident of American Samoa, Guam, the CNMI, Puerto Rico, or the Virgin Islands who has net self-employment income, and you do not have to file Form 1040 with the United States, use Form 1040–SS to figure your self-employment tax.

Tip

If you are a resident of Puerto Rico, you can file Form 1040–PR instead of Form 1040–SS. Form 1040–PR is the Spanish-language version of Form 1040–SS.

Self-employment tax deduction.

You can deduct one-half of your self-employment tax on line 28 of Form 1040 in figuring adjusted gross income. This is an income tax deduction only; it is not a deduction in figuring net earnings from self-employment.

If you are a bona fide resident of American Samoa or Puerto Rico, and you exclude your self-employment income from gross income, you cannot take the deduction on line 28 of Form 1040 because the deduction is related to excluded income.

If part of your self-employment income is excluded, only the part of the deduction that is based on the nonexcluded income is allowed. This would happen if, for instance, you have two businesses, and only the income from one of them is excludable.

Figure the tax on the nonexcluded income by multiplying your total self-employment tax (from Schedule SE) by the following fraction.


Self-employment income that is not excluded
Total self-employment income
(including excluded income)
The result is your self-employment tax on nonexcluded income. You can deduct one-half of this amount on line 28 of Form 1040.

Double Taxation

A mutual agreement procedure exists to settle issues where there is an inconsistency between the tax treatment by the IRS and the taxing authorities of the following possessions.

  • American Samoa.
  • Guam.
  • Puerto Rico.
  • The Virgin Islands.

These issues usually involve allocations of income, deductions, credits, or allowances between related persons, determinations of residency, and determinations of the source of income and related expenses.

Address you may need

Send your written request for assistance under this procedure to:

Internal Revenue Service
Director, International
Attn: Office of Tax Treaty
1111 Constitution Avenue, N.W.
Washington, DC 20224

Your request must contain a statement that assistance is requested under the mutual agreement procedure with the possession. It must also contain all the facts and circumstances relating to your particular case. It must be signed and dated. To avoid unnecessary delays, make sure you include all of the following information.

  1. Your name, address, and social security number.
  2. The name, address, and social security number of the related person in the possession (if one is involved).
  3. The tax year(s) in question and the Internal Revenue Service Center where your return was filed.
  4. If income tax is involved, the type of income, a description of the transaction, activities, or other pertinent circumstances, and the positions taken by you and the possession tax agency.
  5. The amount of the item (income, deduction, or credit) involved and the amount of tax the possession assessed or proposed to assess.
  6. A description of the control and business relationships between you and the related person in the possession, if that applies.
  7. The status of your tax liability for the year(s) in question and, if it applies, the status of the tax liability of the related person in the possession.
  8. Whether you or the related person, if one is involved, is entitled to any possession tax incentive or subsidy program benefits for the year(s) in question.
  9. Copies of any correspondence received from the possession tax agency and copies of any material you provided to them.
  10. Copy of the possession tax return(s) for the year(s) in question.
  11. Whether a foreign tax credit was claimed on your federal tax return for all or part of the possession tax paid or accrued on the item in question.
  12. Whether your federal return or the return of the related person, if there is one, was examined, or is being examined.
  13. A separate document signed and dated by you that you consent to the disclosure to the designated possession tax official of any or all of the items of information set forth in, or enclosed with, the request for assistance under this procedure.

Credit or refund.

In addition to the tax assistance request, if you seek a credit or refund of any overpayment of United States tax paid on the income in question, you should file a claim on Form 1040X, Amended U.S. Individual Income Tax Return. Indicate on the form that a request for assistance under the mutual agreement procedure with the possession has been filed. Attach a copy of the request to the form.

You should take whatever steps must be taken under the possession tax code to prevent the expiration of the statutory period for filing a claim for credit or refund of a possession tax.

Filing Requirements
for Individuals in
U.S. Possessions

An individual who has income from Guam, the CNMI, American Samoa, the Virgin Islands, or Puerto Rico will probably have to file a tax return with the tax department of one of the possessions. It is possible that you may have to file two annual tax returns: one with the possession's tax department and the other with the U.S. Internal Revenue Service.

You should ask for forms and advice about the filing of possession tax returns from that possession's tax department and not the Internal Revenue Service. In some situations you may have to determine if you are a resident or a nonresident of a certain possession. Contact the tax department of that possession for advice about this point.

The following discussions cover the general rules for filing returns in Guam, the CNMI, American Samoa, the Virgin Islands, and Puerto Rico.

Caution

A U.S. person who becomes a resident of American Samoa, Guam, or the CNMI may be subject to U.S. tax on U.S. source income, including gain from sales of certain U.S. assets, during the 10-year period beginning when the person becomes a resident. The U.S. person will be subject to U.S. tax on any gain from the disposition of U.S. property (including appreciated stock issued by a U.S. corporation) during this period.

Guam

Guam has its own tax system based on the same tax laws and tax rates that apply in the United States.

Address you may need

Requests for advice about Guam residency and tax matters should be addressed to:


Department of Revenue and Taxation
Government of Guam
P.O. Box 23607
GMF, GU 96921

Phone number

The telephone number is (671) 472–7471. The fax number is (671) 472–2643.

If you are a U.S. citizen with income from sources in Guam and the United States, you must file your income tax return as explained below with either Guam or the United States, but not both. You are not liable for any income tax to the jurisdiction with which you do not have to file.

If you are a resident of Guam on the last day of your tax year, you should file your return with the Department of Revenue and Taxation at the address above.

Include income from worldwide sources on the Guam return. Include any balance of tax due with your tax return.

Example.

Gary Barker was a resident of Guam during the entire year. He received wages of $20,000 paid by a private employer and dividends of $4,000 from U.S. corporations that carry on business mainly in the United States.

He must file a 2003 income tax return with the Government of Guam. He reports his total income of $24,000 on the Guam return.

Address you may need

If you are a resident of the United States on the last day of your tax year, you should file your return with the:


Internal Revenue Service
Philadelphia, PA 19255–0215

Include income from worldwide sources on the U.S. return. Include any balance of tax due with your tax return.

If you are neither a resident of Guam nor a resident of the United States at the end of your tax year, you should file with Guam if you are a citizen of Guam but not otherwise a citizen of the United States (born or naturalized in Guam). If you are a U.S. citizen or resident but not otherwise a citizen or resident of Guam, you should file with the United States.

Example.

William Berry, a U.S. citizen, was employed by a private company in Guam from June 1 through December 31, 2003. He received a salary of $20,000 during that period for his work in Guam, $4,000 in dividends from U.S. corporations that carry on business mainly in the United States, and $1,000 in interest from deposits in U.S. banks. William was advised by the Guam Department of Revenue and Taxation that he was not a resident of Guam. He must file a U.S. tax return. On his U.S. tax return, he reports the $4,000 of dividends, the $1,000 of interest, and the $20,000 Guam salary in addition to any income he had in 2003 before June 1.

Joint return.

If you file a joint return, you should file it (and pay the tax) with the jurisdiction where the spouse who has the greater adjusted gross income would have to file (if you were filing separately). If the spouse with the greater adjusted gross income is a resident of Guam at the end of the tax year, file the joint return with Guam. If the spouse with the greater adjusted gross income is a resident of the United States at the end of the tax year, file the joint return with the United States. For this purpose, income is determined without regard to community property laws.

Example.

Bill White, a U.S. citizen, was a resident of the United States, and his wife, a citizen of Guam, was a resident of Guam at the end of the year. Bill earned $25,000 as an engineer in the United States. His wife earned $15,000 as a teacher in Guam. Mr. and Mrs. White will file a joint return. Because Bill has the greater adjusted gross income, the Whites must file their return with the United States and report the entire $40,000 on that return.

U.S. military employees.

If you are a member of the U.S. Armed Forces stationed on Guam, you are not considered a resident of Guam and you must file your return with the United States. However, if you are a member of the military and a citizen of Guam, or if you are a civilian employee of the military, you are subject to the same rules described in the previous paragraphs.

Income tax withheld.

Take into account tax withheld by both jurisdictions in determining if there is tax due or an overpayment.

Payment of estimated tax.

If you have to pay estimated tax, make your payment to the jurisdiction where you would file your income tax return if your tax year were to end on the date your estimated tax payment is first due. Generally, you should make your quarterly payments of estimated tax to the jurisdiction where you made your original estimated tax payment. However, estimated tax payments to either jurisdiction will be treated as payments to the jurisdiction with which you file the tax return.

If you make a joint payment of estimated tax, make your payment to the jurisdiction where the spouse who has the greater estimated adjusted gross income would have to pay (if a separate payment were made). For this purpose, income is determined without regard to community property laws.

Example.

Bill West is single and files his return on a calendar year basis. He is a resident of the United States at the time that he must make his first payment of estimated income tax for the year. Since Bill does not expect to be a resident of Guam at the end of the year, he pays his estimated tax to the United States by April 15. Later in the year, however, Bill becomes a resident of Guam and receives income from Guam sources that causes him to refigure his estimated tax payments. The quarterly estimated tax payments must be made to the United States because he was a U.S. resident when his first payment of estimated tax was due. Because Bill is a resident of Guam at the end of his tax year, he must file his income tax return with Guam. On that return, he claims credit for the estimated tax payments made to the United States.

Early payment of estimated tax.

If you make your first payment of estimated tax early and you do not send it to the jurisdiction to which you should have sent it if you had not made it early, make all later payments to the jurisdiction to which the first payment should have been made had you not made it early.

Example.

Lauren Post is single and files her return on a calendar year basis. On March 1, Lauren was a resident of the United States and made an early first payment of estimated income tax to the United States. She became a resident of Guam before the due date of her first payment of estimated tax (April 15), and remained a resident of Guam for the rest of the year. Lauren must make the rest of her payments of estimated tax to Guam because she is a resident of Guam on the date that her first payment of estimated tax is otherwise due. At the end of the year, Lauren will file her tax return with Guam and claim credit for all estimated tax payments on that return.

Estimated tax form.

If your estimated tax obligation is to the United States, use the worksheet in the Form 1040–ES package to figure your estimated tax, including self-employment tax. If you are paying by check or money order, use the payment vouchers in the Form 1040-ES package. Or, you can make your payments electronically and not have to file any paper forms. See the Form 1040-ES instructions for information on making payments.

Information return.

If your adjusted gross income from all sources is at least $50,000, your gross income consists of at least $5,000 from sources in Guam, and you file a U.S. income tax return, attach Form 5074 to Form 1040.

Note.

Guam and the United States have entered into an implementing agreement. The effective date of the agreement, however, has been indefinitely postponed. When the agreement goes into effect, the following rules may apply.

  • Guam may enact its own laws for taxing residents of Guam as well as for taxing income sourced in Guam (or income effectively connected with a trade or business in Guam) and paid to a nonresident.
  • Individuals who are bona fide residents of Guam and have income sourced outside Guam, the CNMI, or American Samoa may have to file a U.S. tax return.
  • Individuals who are bona fide residents of Guam and have income sourced in any of the three possessions may be able to treat that income as exempt from U.S. income tax under the possession exclusion rules.

Double taxation.

A mutual agreement procedure exists to settle cases of double taxation between the United States and Guam. See Double Taxation under Filing U.S. Tax Returns, earlier.

The Commonwealth of the Northern Mariana Islands

The Commonwealth of the Northern Mariana Islands (CNMI) has its own tax system based partly on the same tax laws and tax rates that apply to the United States and partly on local taxes imposed by the CNMI government.

Address you may need

Requests for advice about CNMI residency and tax matters should be addressed to:


Division of Revenue and Taxation
Commonwealth of the Northern
Mariana Islands
P. O. Box 5234, CHRB
Saipan, MP 96950

Phone number

The telephone number is (670) 664–1000. The fax number is (670) 664–1015.

If you are a U.S. citizen with income from the CNMI and the United States, you must file your income tax return with either the CNMI or the United States as explained below. Do not file with both. You are not liable for tax to the jurisdiction with which you do not have to file.

If you are a resident of the CNMI on the last day of your tax year, you should file your return with the Division of Revenue and Taxation at the address above.

Include income from worldwide sources on the CNMI return. Include any balance of tax due with your tax return.

If you are a resident of the United States on the last day of your tax year, you should file your return with the Internal Revenue Service Center, Philadelphia, PA 19255–0215.

Include income from worldwide sources on the U.S. return. Include any balance of tax due with your tax return.

If you are neither a resident of the CNMI nor a resident of the United States at the end of your tax year, but you are a citizen of the CNMI, you should file with the CNMI Division of Revenue and Taxation. File with the Internal Revenue Service Center if you are a citizen of the United States.

Joint return.

If you file a joint return, you should file it (and pay the tax) with the jurisdiction where the spouse who has the greater adjusted gross income would have to file (if you were filing separately). If the spouse with the greater adjusted gross income is a resident of the CNMI at the end of the tax year, file the joint return with the CNMI. If the spouse with the greater adjusted gross income is a resident of the United States at the end of the tax year, file the joint return with the United States. For this purpose, income is determined without regard to community property laws.

Income tax withheld.

Take into account income tax withheld by both jurisdictions in determining if there is tax due or an overpayment.

Payment of estimated tax.

If you must pay estimated tax, make your payment to the jurisdiction where you would file your income tax return if your tax year were to end on the date your first payment of estimated tax is due. Generally, you should make your quarterly payments of estimated tax to the jurisdiction where you made your first payment of estimated tax. However, estimated tax payments to either jurisdiction will be treated as payments to the jurisdiction with which you file the tax return.

If you make a joint payment of estimated tax, make the payment to the jurisdiction where the spouse who has the greater estimated adjusted gross income would have to pay (if a separate payment were made). For this purpose, income is determined without regard to community property laws.

Early payment of estimated tax.

If you make your first payment of estimated tax early and you do not send it to the jurisdiction to which you should have sent it if you had not made it early, make all later payments to the jurisdiction to which the first payment should have been made had you not made it early.

Estimated tax form.

If your estimated income tax obligation is to the United States, use the worksheet in the Form 1040–ES package to figure your estimated tax, including self-employment tax. If you are paying by check or money order, use the payment vouchers in the Form 1040–ES package. Or, you can make your payments electronically and not have to file any paper forms. See the Form 1040–ES instructions for information on making payments.

Information return.

If your adjusted gross income from all sources is at least $50,000, your gross income consists of at least $5,000 from sources in the CNMI, and you file a U.S. income tax return, attach Form 5074 to Form 1040.

Note.

When the CNMI and the United States enter into an implementing agreement, the following rules may apply.

  • The CNMI may enact its own laws for taxing residents of the CNMI as well as for taxing income sourced in the CNMI (or income effectively connected with a trade or business in the CNMI) and paid to a nonresident.
  • Individuals who are bona fide residents of the CNMI and have income sourced outside the CNMI, Guam, or American Samoa may have to file a U.S. tax return.
  • Individuals who are bona fide residents of the CNMI and have income sourced in any of the three possessions may be able to exclude that income under the possession exclusion rules.

American Samoa

American Samoa has its own separate and independent tax system. Although its tax laws are modeled on the U.S. Internal Revenue Code, there are certain differences.

Address you may need

Requests for advice about matters connected with Samoan taxation should be sent to:


Tax Division
Government of American Samoa
Pago Pago, American Samoa 96799

Residents of American Samoa.

If you are a U.S. citizen and a resident of American Samoa, you must report your gross income from worldwide sources on your Samoan tax return. If you report non-Samoan source income on your Samoan tax return, you can claim a credit against your Samoan tax liability for income taxes paid on that income to the United States, a foreign country, or another possession.

If you are a resident of American Samoa for part of the tax year and you then leave American Samoa, you must file a tax return with American Samoa for the part of the year you were present in American Samoa.

Bona fide residents of American Samoa include military personnel whose official home of record is American Samoa.

Nonresidents of American Samoa.

If you are a nonresident of American Samoa, you should report only income from Samoan sources on your Samoan tax return. U.S. citizens residing in American Samoa are considered residents of American Samoa for income tax purposes.

U.S. Government employees.

If you are employed in American Samoa by either the U.S. Government or any of its agencies, or by the Government of American Samoa, you are subject to tax by American Samoa on your pay from either government. Whether you are subject to tax by American Samoa on your non-Samoan source income depends on your status as a resident or nonresident.

Wages and salaries paid by the Governments of the United States and American Samoa to U.S. citizens are also subject to U.S. federal income tax. These payments do not qualify for the possession exclusion, discussed earlier.

If you report government wages on both your U.S. and Samoan tax returns, you can take a credit on your U.S. tax return for income taxes paid or accrued to American Samoa. Figure that credit on Form 1116, and attach that form to your U.S. tax return, Form 1040. Show your wages paid for services performed in American Samoa on line 1 of Form 1116 as income from sources in a possession.

Estimated tax.

Use the worksheet in the Form 1040–ES package to figure your estimated tax, including self-employment tax. If you are paying by check or money order, use the payment vouchers in the Form 1040–ES package. Or, you can make your payments electronically and not have to file any paper forms. See the Form 1040–ES instructions for information on making payments.

Double taxation.

A mutual agreement procedure exists to settle cases of double taxation between the United States and American Samoa. See Double Taxation under Filing U.S. Tax Returns, earlier.

The Virgin Islands

An important factor in Virgin Islands taxation is whether, on the last day of the tax year, you are a bona fide resident of the Virgin Islands. If you are a temporary worker on the last day of the tax year, you may or may not be a bona fide resident of the Virgin Islands. You should contact the Virgin Islands Bureau of Internal Revenue for more information.

Resident of the Virgin Islands.

If you are a bona fide resident of the Virgin Islands on the last day of the tax year, you must file your tax return on Form 1040 with the Government of the Virgin Islands and pay the entire tax due to the Virgin Islands. You do not have to file with the IRS for any tax year in which you are a bona fide resident of the Virgin Islands on the last day of the year, provided you report and pay tax on your income from all sources to the Virgin Islands and identify the source(s) of the income on the return. If you have non-Virgin Islands source income, you must also file Virgin Islands Form 1040 INFO, Non-Virgin Islands Source Income of Virgin Islands Residents, with the Virgin Islands Bureau of Internal Revenue.

Address you may need

You can get Form 1040 INFO by contacting:


Virgin Islands Bureau of Internal Revenue
9601 Estate Thomas
Charlotte Amalie
St. Thomas, U.S. Virgin Islands 00802

Phone number

The telephone number is (340) 774–5865. The fax number is (340) 714–9336.

Example.

Mr. and Mrs. Maple left the United States on June 15, 2003, and arrived in the Virgin Islands on the same day. They qualified as bona fide residents of the Virgin Islands on the last day of their tax year, December 31, 2003.

Mr. and Mrs. Maple file Form 1040 with the Government of the Virgin Islands and attach a Form 1040 INFO. The Maples report their worldwide income and pay the entire tax for the year to the Virgin Islands. Even though they lived in the United States part of the year, their income tax obligations for that year are completely satisfied by filing their return with, and paying their tax to, the Virgin Islands Bureau of Internal Revenue.

Non-Virgin Islands resident with Virgin Islands income.

If you are not a bona fide resident of the Virgin Islands on the last day of your tax year, you must file identical tax returns with the United States and the Virgin Islands if you have:

  1. Income from sources in the Virgin Islands, or
  2. Income effectively connected with the conduct of a trade or business in the Virgin Islands.

File the original return with the United States and file a copy of the U.S. return (including all attachments, forms, and schedules) with the Virgin Islands Bureau of Internal Revenue by the due date for filing Form 1040.

The amount of tax you must pay to the Virgin Islands is figured as follows:

Total tax on U.S. return
(after certain adjustments)
× V.I. AGI
Worldwide AGI

Form 8689.

Use Form 8689 to make this computation. You must complete this form and attach it to each copy of your return. You should pay any tax due to the Virgin Islands when you file your return with the Virgin Islands Bureau of Internal Revenue. You receive credit for taxes paid to the Virgin Islands by including the amount on Form 8689, line 38, in the total on Form 1040, line 68. On the dotted line next to line 68, enter “Form 8689” and show the amount.

See the illustrated example at the end of this publication.

Where to file.

If you are not a bona fide resident of the Virgin Islands, but you have income from the Virgin Islands, you must file Form 1040 and all attachments with the Internal Revenue Service Center, Philadelphia, PA 19255–0215, and with the Virgin Islands Bureau of Internal Revenue.

Address you may need

If you are a bona fide resident of the Virgin Islands, you should file your return with:


Virgin Islands Bureau of Internal Revenue
9601 Estate Thomas
Charlotte Amalie
St. Thomas, U.S. Virgin Islands 00802

Contact that office for information about filing your Virgin Islands tax return.

Extensions of time to file.

You can get an automatic 4-month extension of time to file your tax return. See Extensions of time to file under Filing U.S. Tax Returns, earlier. Bona fide residents of the Virgin Islands must file paper Form 4868 with the Virgin Islands Bureau of Internal Revenue. Non-Virgin Islands residents should file separate extension requests with the IRS and the Virgin Islands Bureau of Internal Revenue and make any payments due to the respective jurisdictions. However, the Virgin Islands Bureau of Internal Revenue will honor an extension request that was timely filed with the IRS.

If you need more time after filing Form 4868, file Form 2688. For more information, see the Form 2688 instructions.

Double taxation.

A mutual agreement procedure exists to settle cases of double taxation between the United States and the Virgin Islands. See Double Taxation under Filing U.S. Tax Returns, earlier.

The Commonwealth
of Puerto Rico

The Commonwealth of Puerto Rico has its own separate and independent tax system. Although it is modeled after the U.S. system, there are differences in law and tax rates. If you are a U.S. citizen with income from Puerto Rico, you may be liable for Puerto Rican taxes. You may also be liable for filing a U.S. tax return.

Address you may need

Requests for information about the filing of Puerto Rican tax returns should be addressed to:


Departamento de Hacienda
Negociado de Asistencia
Contributiva y Legislacíon
P.O. Box 9024140
San Juan, Puerto Rico 00902–4140

Phone number

The telephone number is (787) 721–2020, extension 3611. To obtain Puerto Rican tax forms, contact the Forms and Publications Division Office at the above address or call (787) 721–2020, extensions 2645 or 2646.

Access by computer

You can also access the Puerto Rican web site at
www.hacienda.gobierno.pr.

Residents of Puerto Rico.

If you are a U.S. citizen and also a resident of the Commonwealth of Puerto Rico for the entire tax year, you generally must include income from worldwide sources on your Puerto Rican return. Wages and cost-of-living allowances paid by the U.S. Government for working in Puerto Rico are subject to Puerto Rican tax. However, cost-of-living allowances paid by the U.S. government are exempt from Puerto Rican tax if you meet certain requirements. Advice about possible tax benefits under the Puerto Rican investment incentive programs is available from the Puerto Rican tax authorities. If you report U.S. source income on your Puerto Rican tax return, you can claim a credit against your Puerto Rican tax, up to the amount allowable, for income taxes paid to the United States.

Nonresidents of Puerto Rico.

If you are a U.S. citizen and are not a resident of Puerto Rico, include only your income from Puerto Rican sources on your Puerto Rican return. Wages for services performed in Puerto Rico for the U.S. Government or for private employers is income from Puerto Rican sources.

U.S. taxation.

As a U.S. citizen, you must report gross income from worldwide sources, regardless of where you live. However, a special rule applies if you are a bona fide resident of Puerto Rico for an entire tax year, or have been a bona fide resident of Puerto Rico for at least 2 years and later change your residence from Puerto Rico during a tax year.

Income.

Under the special rule, income you receive from Puerto Rican sources during your residence in Puerto Rico is exempt from U.S. tax. This includes income for the period of Puerto Rican residence in the year you change your residence from Puerto Rico if you resided there at least 2 years before the change. However, income you receive for services performed in Puerto Rico as an employee of the United States is not exempt from U.S. income tax.

Deductions and credits.

Deductions and credits that specifically apply to your exempt Puerto Rican income are not allowable on your U.S. income tax return.

Deductions that do not specifically apply to any particular type of income must be divided between your income from Puerto Rican sources and income from all other sources to find the part that you can deduct on your U.S. tax return. Examples of deductions that do not specifically apply to a particular type of income are alimony payments, the standard deduction, and certain itemized deductions (such as medical expenses, charitable contributions, and real estate taxes and mortgage interest on your home).

To find the part of a deduction that is allowable, multiply the deduction by the following fraction.

Gross income subject
to U.S. tax
Gross income from all sources
(including exempt Puerto Rican income)

Example.

You and your spouse are both under 65 and U.S. citizens who are bona fide residents of Puerto Rico for the entire year. You file a joint income tax return. During 2003, you earned $15,000 from Puerto Rican sources and your spouse earned $25,000 from the U.S. Government. You have $16,000 of itemized deductions that do not apply to any specific type of income. These are medical expenses of $4,000, real estate taxes of $5,000, home mortgage interest of $6,000, and charitable contributions of $1,000 (cash contributions). You determine the amount of each deduction that you can claim on your Schedule A (Form 1040), by multiplying the deduction by the following fraction:

Gross income subject
to U.S. tax
Gross income from all sources
(including exempt Puerto Rican income)

SCHEDULE A (Form 1040) –

Itemized deductions should be modified as shown below:

Medical Expenses

$25,000
$40,000
× $4,000 = $2,500
(enter on line 1
of Schedule A)

Real Estate Taxes

$25,000
$40,000
× $5,000 = $3,125
(enter on line 6
of Schedule A)

Home Mortgage Interest

$25,000
$40,000
× $6,000 = $3,750
(enter on line 10
or 11 of Schedule A)

Charitable Contributions

(cash contributions)

$25,000
$40,000
× $1,000 = $625
(enter on line 15
of Schedule A)

Enter on Schedule A (Form 1040) only the allowable portion of each deduction.

Personal exemptions

are allowed in full and need not be divided. However, they may be phased out depending upon your adjusted gross income and filing status.

Standard deduction.

The standard deduction does not specifically apply to any particular type of income. To find the amount you can claim on line 37 of Form 1040, multiply your standard deduction by the fraction given earlier. In the space above line 37, print “Standard deduction modified due to exempt income under section 933.

Tip

Make this computation before you determine if you must file a U.S. tax return, because the minimum income level at which you must file a return is based, in part, on the standard deduction for your filing status.

Example.

James and Joan Brown, both under 65, are U.S. citizens and bona fide residents of Puerto Rico. They file a joint income tax return. During 2003, they received $15,000 of income from Puerto Rican sources and $8,000 of income from sources outside Puerto Rico. They do not itemize their deductions. Their allowable standard deduction for 2003 is figured as follows:

$8,000
$23,000
× $9,500 (standard deduction) = $3,304

The Browns do not have to file a U.S. income tax return because their gross income ($8,000) is less than their allowable standard deduction plus their exemptions ($3,304 + $6,100 = $9,404).

Foreign tax credit.

If you are a U.S. citizen and your Puerto Rican income is not exempt, you must report that income on your U.S. tax return along with income from sources outside Puerto Rico. However, you can claim a foreign tax credit, figured on Form 1116, for income taxes paid to Puerto Rico on the Puerto Rican income that is not exempt.

You cannot claim a foreign tax credit for taxes paid on exempt income. If you have income from Puerto Rican sources, such as U.S. Government wages, that is not exempt, and you have income from Puerto Rican sources that is exempt, you must figure the credit by reducing your foreign taxes paid or accrued by the taxes based on the exempt income. You make this reduction for each separate income category. To find the amount of this reduction, use the following formula for each income category.

Formula 14

Formula 14

You enter the amount of the reduction on line 12 of Form 1116.

Example.

John and Mary Reddy are U.S. citizens and were bona fide residents of Puerto Rico during all of 2003. They file a joint tax return. The following table shows their exempt and taxable income for U.S. federal income tax purposes.

  Taxable Exempt
John's wages from U.S. Government $25,000  
Mary's wages from a Puerto Rican corp.   $15,000
Dividend from Puerto Rican corp. doing business in Puerto Rico   200
Dividend from U.S. corp. doing business in U.S.* 1,000  
Totals $26,000 $15,200
*Income from sources outside Puerto Rico is taxable.

John and Mary must file 2003 income tax returns with both Puerto Rico and the United States. They have gross income of $26,000 for U.S. tax purposes. They paid taxes to Puerto Rico of $4,000. The tax on the wages is $3,980 and the tax on the dividend from the Puerto Rican corporation is $20. They figure their foreign tax credit on two Forms 1116, which they must attach to their U.S. return. They fill out one Form 1116 for wages and one Form 1116 for the dividend. John and Mary figure the Puerto Rican taxes on exempt income as follows.

Wages: $15,000 ÷ $40,000 × $3,980 = $1,493
Dividend: $200 ÷ $200 × $20 = $20

They enter $1,493 on line 12 of the Form 1116 for wages and $20 on line 12 of the Form 1116 for the dividend.

Earned income credit.

Even if you maintain a household in Puerto Rico that is your principal home and the home of your qualifying child, you cannot claim the earned income credit on your U.S. tax return. This credit is available only if you maintain the household in the United States or you are serving on extended active duty in the Armed Forces of the United States.

Additional child credit.

If you are not required to file a U.S. income tax return, this credit is available only if you meet all three of the following conditions.

  1. You are a bona fide resident of Puerto Rico,
  2. Social security and Medicare taxes were withheld from your wages or you paid self-employment tax, and
  3. You had three or more qualifying children. (For the definition of a qualifying child, see the instructions for Form 1040–PR or Form 1040–SS.)

If your income exceeds certain levels, you may be disqualified from receiving this credit. This credit may be claimed using Form 1040–PR or Form 1040–SS.

Estimated tax.

If your estimated income tax obligation is to the United States, use the worksheet in the Form 1040–ES package to figure your estimated tax, including self-employment tax. If you are paying by check or money order, use the payment vouchers in the Form 1040–ES package. Or, you can make your payments electronically and not have to file any paper forms. See the Form 1040–ES instructions for information on making payments.

Double taxation.

A mutual agreement procedure exists to settle cases of double taxation between the United States and the Commonwealth of Puerto Rico. See Double Taxation under Filing U.S. Tax Returns, earlier.

Illustrated Example
of Form 4563

John Black is a U.S. citizen and was a bona fide resident of American Samoa during all of 2003. He has to file Form 1040 because his gross income from sources outside the possessions ($8,000 of dividends from U.S. corporations) is at least the total of his personal exemption and allowable standard deduction for single filers. (See Filing U.S.Tax Returns, earlier.) Because he has to file Form 1040 (not illustrated), he fills out Form 4563 to determine the amount of possession income he can exclude.

Line 1.

John enters the date his bona fide residence began in American Samoa, June 2, 2002. Because he is still a bona fide resident, he prints “not ended” in the second blank space.

Line 2.

He checks the box labeled “Rented house or apartment” to describe his type of living quarters in American Samoa.

Lines 3a and 3b.

He checks “No” on line 3a because no family members lived with him. He leaves line 3b blank.

Lines 4a and 4b.

He checks “No” on line 4a because he did not maintain a home outside American Samoa. He leaves line 4b blank.

Line 5.

He enters the name and address of his employer, Samoa Products Co. It is a private Samoan corporation.

Line 6.

He enters the dates of his 2-week vacation to New Zealand from November 11 to November 25. That was his only trip outside American Samoa during the year.

Line 7.

He enters the $24,000 in wages he received from Samoa Products Co.

Line 9.

He received dividends of $100 from a CNMI corporation and $220 from a Samoan corporation. He enters the total of those amounts. He does not enter his dividends from U.S. corporations because they do not qualify for the possession exclusion.

Line 15.

John totals the amounts on lines 7 and 9 to get the amount he can exclude from his gross income in 2003.

Illustrated Example
of Form 8689

Gerald and Lily Smith live and work in the United States. In 2003, they received $14,400 in income from the rental of a condominium they own in the Virgin Islands. The rental income was deposited in a bank in the Virgin Islands and they received $500 of interest on this income. They were not bona fide residents of the Virgin Islands at the end of the year.

The Smiths complete Form 1040 (not illustrated), reporting their income from all sources. They report their wages, interest income, and the income and expenses from their Virgin Islands rental property (Schedule E, Form 1040).

The Smiths also complete Form 8689 to determine how much of their U.S. tax shown on line 60 of Form 1040 (with certain adjustments) is due to the Virgin Islands. This is the amount the Smiths must pay to the Virgin Islands.

The Smiths file their Form 1040, attaching Form 8689 and all other schedules, with the Internal Revenue Service.

At the same time, they send a copy of their Form 1040 with all schedules, including Form 8689, to the Virgin Islands Bureau of Internal Revenue. This copy will be processed as their original Virgin Islands return.

Completing Form 8689.

Gerald and Lily enter their names and Gerald's social security number at the top of the form.

Part I. The Smiths enter their income from the Virgin Islands in Part I. The interest income is entered on line 2 and the net rental income of $6,200 ($14,400 of rental income minus $8,200 of rental expenses) is entered on line 11. The Smiths' total Virgin Islands income of $6,700 is entered on line 16.

Part II. The Smiths have no adjustments to their Virgin Islands income, so they enter zero (–0–) on line 26, and $6,700 on line 27. Their Virgin Islands adjusted gross income is $6,700.

Part III. On line 28, the Smiths enter the amount from line 60, Form 1040 ($5,199). They leave line 29 blank and put this same amount on line 30.

The Smiths enter their worldwide adjusted gross income, $54,901, (line 35, Form 1040) on line 31. They divide their Virgin Islands adjusted gross income, $6,700 (from line 27), by line 31. They multiply this decimal, .122, by the amount on line 30 to find the amount of tax allocated to the Virgin Islands (line 33).

Part IV. Part IV is used to show payments of income tax to the Virgin Islands only. The Smiths had no tax withheld by the Virgin Islands, but made estimated tax payments to the Virgin Islands of $600, which are shown on lines 35 and 37. The Smiths include this amount ($600) in the total on Form 1040, line 68. On the dotted line next to line 68, they print “Form 8689” and show the amount. The Smiths do not complete Form 1116. The income tax the Smiths owe to the Virgin Islands ($34) is shown on line 42. They must pay their Virgin Islands tax at the same time they file the copy of their return with the Virgin Islands.


Please click the link to view the image.

Form 4563, page 1 for John Black


Please click the link to view the image.

Form 8689, page 1 for Bill and Jane Smith

How To Get Tax Help

You can get help with unresolved tax issues, order free publications and forms, ask tax questions, and get more information from the IRS in several ways. By selecting the method that is best for you, you will have quick and easy access to tax help.

Contacting your Taxpayer Advocate.

If you have attempted to deal with an IRS problem unsuccessfully, you should contact your Taxpayer Advocate.

The Taxpayer Advocate independently represents your interests and concerns within the IRS by protecting your rights and resolving problems that have not been fixed through normal channels. While Taxpayer Advocates cannot change the tax law or make a technical tax decision, they can clear up problems that resulted from previous contacts and ensure that your case is given a complete and impartial review.

To contact your Taxpayer Advocate:

  • Call the Taxpayer Advocate toll free at
    1–877–777–4778.
  • Call, write, or fax the Taxpayer Advocate office in your area.
  • Call 1–800–829–4059 if you are a
    TTY/TDD user.
  • Visit the web site at www.irs.gov/advocate.

For more information, see Publication 1546, The Taxpayer Advocate Service of the IRS.

Free tax services.

To find out what services are available, get Publication 910, Guide to Free Tax Services. It contains a list of free tax publications and an index of tax topics. It also describes other free tax information services, including tax education and assistance programs and a list of TeleTax topics.

Access by computer

Internet. You can access the IRS web site 24 hours a day, 7 days a week at www.irs.gov to:

  • E-file. Access commercial tax preparation and e-file services available for free to eligible taxpayers.
  • Check the amount of advance child tax credit payments you received in 2003.
  • Check the status of your 2003 refund. Click on “Where's My Refund” and then on “Go Get My Refund Status.” Be sure to wait at least 6 weeks from the date you filed your return (3 weeks if you filed electronically) and have your 2003 tax return available because you will need to know your filing status and the exact whole dollar amount of your refund.
  • Download forms, instructions, and publications.
  • Order IRS products on-line.
  • See answers to frequently asked tax questions.
  • Search publications on-line by topic or keyword.
  • Figure your withholding allowances using our Form W-4 calculator.
  • Send us comments or request help by e-mail.
  • Sign up to receive local and national tax news by e-mail.
  • Get information on starting and operating a small business.

You can also reach us using File Transfer Protocol at ftp.irs.gov.

Request information by fax

Fax. You can get over 100 of the most requested forms and instructions 24 hours a day, 7 days a week, by fax. Just call 703–368–9694 from your fax machine. Follow the directions from the prompts. When you order forms, enter the catalog number for the form you need. The items you request will be faxed to you.

For help with transmission problems, call 703–487–4608.

Long-distance charges may apply.

Phone number

Phone. Many services are available by phone.

  • Ordering forms, instructions, and publications. Call 1–800–829–3676 to order current-year forms, instructions, and publications and prior-year forms and instructions. You should receive your order within 10 days.
  • Asking tax questions. Call the IRS with your tax questions at 1–800–829–1040.
  • Solving problems. You can get face-to-face help solving tax problems every business day in IRS Taxpayer Assistance Centers. An employee can explain IRS letters, request adjustments to your account, or help you set up a payment plan. Call your local Taxpayer Assistance Center for an appointment. To find the number, go to www.irs.gov or look in the phone book under “United States Government, Internal Revenue Service.
  • TTY/TDD equipment. If you have access to TTY/TDD equipment, call 1–800–829– 4059 to ask tax or account questions or to order forms and publications.
  • TeleTax topics. Call 1–800–829–4477 to listen to pre-recorded messages covering various tax topics.
  • Refund information. If you would like to check the status of your 2003 refund, call 1–800–829 4477 for automated refund information and follow the recorded instructions or call 1–800–829–1954. Be sure to wait at least 6 weeks from the date you filed your return (3 weeks if you filed electronically) and have your 2003 tax return available because you will need to know your filing status and the exact whole dollar amount of your refund.


Evaluating the quality of our telephone services. To ensure that IRS representatives give accurate, courteous, and professional answers, we use several methods to evaluate the quality of our telephone services. One method is for a second IRS representative to sometimes listen in on or record telephone calls. Another is to ask some callers to complete a short survey at the end of the call.

Walk-in services

Walk-in. Many products and services are available on a walk-in basis.

  • Products. You can walk in to many post offices, libraries, and IRS offices to pick up certain forms, instructions, and publications. 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-ROM or photocopy from reproducible proofs. Also, some IRS offices and libraries have the Internal Revenue Code, regulations, Internal Revenue Bulletins, and Cumulative Bulletins available for research purposes.
  • Services. You can walk in to your local Taxpayer Assistance Center every business day to ask tax questions or get help with a tax problem. An employee can explain IRS letters, request adjustments to your account, or help you set up a payment plan. You can set up an appointment by calling your local Center and, at the prompt, leaving a message requesting Everyday Tax Solutions help. A representative will call you back within 2 business days to schedule an in-person appointment at your convenience. To find the number, go to www.irs.gov or look in the phone book under “United States Government, Internal Revenue Service.

Address you may need

Mail. You can send your order for forms, instructions, and publications to the Distribution Center nearest to you and receive a response within 10 workdays after your request is received. Use the address that applies to your part of the country.

  • Western part of U.S.:
    Western Area Distribution Center
    Rancho Cordova, CA 95743–0001
  • Central part of U.S.:
    Central Area Distribution Center
    P.O. Box 8903
    Bloomington, IL 61702–8903
  • Eastern part of U.S. and foreign addresses:
    Eastern Area Distribution Center
    P.O. Box 85074
    Richmond, VA 23261–5074

Request information on CDROM

CD-ROM for tax products. You can order IRS Publication 1796, Federal Tax Products on CD-ROM, and obtain:

  • Current-year forms, instructions, and publications.
  • Prior-year forms and instructions.
  • Frequently requested tax forms that may be filled in electronically, printed out for submission, and saved for recordkeeping.
  • Internal Revenue Bulletins.

Buy the CD-ROM from National Technical Information Service (NTIS) on the Internet at www.irs.gov/cdorders for $22 (no handling fee) or call 1–877–233–6767 toll free to buy the CD-ROM for $22 (plus a $5 handling fee). The first release is available in early January and the final release is available in late February.

Request information on CDROM

CD-ROM for small businesses. IRS Publication 3207, Small Business Resource Guide, is a must for every small business owner or any taxpayer about to start a business. This handy, interactive CD contains all the business tax forms, instructions and publications needed to successfully manage a business. In addition, the CD provides an abundance of other helpful information, such as how to prepare a business plan, finding financing for your business, and much more. The design of the CD makes finding information easy and quick and incorporates file formats and browsers that can be run on virtually any desktop or laptop computer.

It is available in early April. You can get a free copy by calling 1–800–829–3676 or by visiting the web site at www.irs.gov/smallbiz.

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