| Pub. 17, Your Federal Income Tax |
2004 Tax Year |
Chapter 1 - Filing Information
This is archived information that pertains only to the 2004 Tax Year. If you are looking for information for the current tax year, go to the Tax Prep Help Area.
What's New Who must file. Generally, the amount of income you can receive before you must file a return has been increased. See Table 1-1, Table 1-2,
and Table 1-3 for the
specific amounts.
Higher taxable income limits for filing Form 1040A, 1040EZ, and TeleFile. Beginning with the 2004 tax return, you can use Form 1040A, Form 1040EZ, and TeleFile if your taxable income is less than
$100,000. Previously, the
limit was taxable income of less than $50,000.
Mailing your return. You may be mailing your return to a different address this year because the IRS has changed the filing location for several
areas. If you received
an envelope with your tax package, please use it. Otherwise, see Where Do I File, later in this chapter.
Reminders
Alternative filing methods. Rather than filing a return on paper, you may be able to file electronically using IRS e-file. Create your own personal identification
number (PIN) and file a completely paperless tax return. For more information, see Does My Return Have To Be on Paper, later.
Change of address. If you change your address, you should notify the IRS. See Change of Address, later, under What Happens After I File.
Write in your social security number. You must write your social security number (SSN) in the spaces provided on your tax return. If you file a joint return, write
the SSNs in the same
order as the names.
Direct deposit of refund. Instead of getting a paper check, you may be able to have your refund deposited directly into your account at a bank or other
financial
institution. See Direct Deposit under Refunds, later.
Alternative payment methods. If you owe additional tax, you may be able to pay electronically. See How To Pay, later.
Installment agreement. If you cannot pay the full amount due with your return, you may ask to make monthly installment payments. See Installment Agreement,
later, under Amount You Owe.
Service in combat zone. You are allowed extra time to take care of your tax matters if you are a member of the Armed Forces who served in a combat
zone, or if you served
in the combat zone in support of the Armed Forces. See Individuals Serving in Combat Zone, later, under When Do I Have To File.
Adoption taxpayer identification number. If a child has been placed in your home for purposes of legal adoption and you will not be able to get a social security number
for the child in
time to file your return, you may be able to get an adoption taxpayer identification number (ATIN). For more information,
see Social Security
Number, later.
Taxpayer identification number for aliens. If you or your dependent is a nonresident or resident alien who does not have and is not eligible to get a social security
number, file Form W-7,
Application for IRS Individual Taxpayer Identification Number, with the IRS. For more information, see Social Security Number, later.
Third party designee. You can allow the IRS to discuss your tax return with a friend, family member, or any other person you choose by checking
the “Yes” box in the
Third party designee area of your return. For more information, see Third Party Designee, later.
Introduction
This chapter discusses:
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Whether you have to file a return,
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Which form to use,
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How to file electronically,
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When, how, and where to file your return,
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What happens if you pay too little or too much tax,
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What records you should keep and how long you should keep them, and
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How you can change a return you have already filed.
Do I Have To File a Return?
You must file a federal income tax return if you are a citizen or resident of the United States or a resident of Puerto Rico
and you meet the
filing requirements for any of the following categories that apply to you.
-
Individuals in general. (There are special rules for surviving spouses, executors, administrators, legal representatives,
U.S. citizens and
residents living outside the United States, residents of Puerto Rico, and individuals with income from U.S. possessions.)
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Dependents.
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Children under age 14.
-
Self-employed persons.
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Aliens.
The filing requirements for each category are explained in this chapter.
The filing requirements apply even if you do not owe tax.
Even if you do not have to file a return, it may be to your advantage to do so. See Who Should File , later.
File only one federal income tax return for the year regardless of how many jobs you had, how many Forms W-2 you received,
or how many states you
lived in during the year.
If you are a U.S. citizen or resident, whether you must file a return depends on three factors:
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Your gross income,
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Your filing status, and
-
Your age.
To find out whether you must file, see Table 1-1, Table 1-2, and Table 1-3. Even if no table shows that you must file, you
may need to file to get
money back. (See Who Should File, later.)
Gross income.
This includes all income you receive in the form of money, goods, property, and services that is not exempt from tax.
It also includes income from
sources outside the United States (even if you may exclude all or part of it). Common types of income are discussed in Part Two of this
publication.
Community income.
If you are married and your permanent home is in a community property state, half of any income described by state
law as community income may be
considered yours. This affects your federal taxes, including whether you must file if you do not file a joint return with
your spouse. See Publication
555, Community Property, for more information.
Self-employed individuals.
If you are self-employed, your gross income includes the amount on line 7 of Schedule C (Form 1040), Profit or Loss
From Business, line 1 of
Schedule C-EZ (Form 1040), Net Profit From Business, and line 11 of Schedule F (Form 1040), Profit or Loss From Farming. See
Self-Employed
Persons, later, for more information about your filing requirements.
If you do not report all of your self-employment income, your social security benefits may be lower when you retire.
Filing status.
Your filing status depends on whether you are single or married and on your family situation. Your filing status is
determined on the last day of
your tax year, which is December 31 for most taxpayers. See chapter 2 for an explanation of each filing status.
Age.
If you are 65 or older at the end of the year, you generally can have a higher amount of gross income than other taxpayers
before you must file.
See Table 1-1. You are considered 65 on the day before your 65th birthday. For example, if your 65th birthday is on January
1, 2005, you are
considered 65 for 2004.
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Table 1-1.2004 Filing Requirements for Most Taxpayers |
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IF your filing status is...
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AND at the end of 2004 you
were...*
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THEN file a return if
your gross income
was at least...**
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single
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under 65
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$7,950
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|
| |
65 or older
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$9,150
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|
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married filing jointly***
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under 65 (both spouses)
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$15,900
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65 or older (one spouse)
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$16,850
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65 or older (both spouses)
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$17,800
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married filing separately
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any age
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$3,100
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|
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head of household
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under 65
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$10,250
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| |
65 or older
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$11,450
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qualifying widow(er) with
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under 65
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$12,800
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dependent child
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65 or older
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$13,750
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*
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If you were born on January 1, 1940, you are considered to be age 65 at the end of 2004.
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|
**
|
Gross income means all income you received in the form of money, goods, property, and services that is not exempt from tax,
including any
income from sources outside the United States (even if you may exclude part or all of it). Do not include social security benefits as gross
income unless you are married filing a separate return and you lived with your spouse at any time during 2004.
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|
***
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If you did not live with your spouse at the end of 2004 (or on the date your spouse died) and your gross income was at least
$3,100, you must
file a return regardless of your age.
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Surviving Spouses, Executors, Administrators, and Legal Representatives
You must file a final return for a decedent (a person who died) if both of the following are true.
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You are the surviving spouse, executor, administrator, or legal representative.
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The decedent met the filing requirements at the date of death.
For more information on rules for filing a decedent's final return, see chapter 4.
U.S. Citizens and Residents Living Outside the United States
If you are a U.S. citizen or resident living outside the United States, you must file a return if you meet the filing requirements.
For information
on special tax rules that may apply to you, get Publication 54, Tax Guide for U.S. Citizens and Resident Aliens Abroad. It
is available at most U.S.
embassies and consulates. Also see How To Get Tax Help in the back of this publication.
Generally, if you are a U.S. citizen and a resident of Puerto Rico, you must file a U.S. income tax return if you meet the
filing requirements.
This is in addition to any legal requirement you may have to file an income tax return for Puerto Rico.
If you are a resident of Puerto Rico for the entire year, gross income does not include income from sources within Puerto
Rico, except for amounts
received as an employee of the United States or a U.S. agency. If you receive income from Puerto Rican sources that is not
subject to U.S. tax, you
must reduce your standard deduction. As a result, the amount of income you must have before you are required to file a U.S.
income tax return is lower
than the applicable amount in Table 1-1 or Table 1-2. For more information, see U.S. taxation and its discussion, Standard
deduction, under The Commonwealth of Puerto Rico in Publication 570, Tax Guide for Individuals With Income From U.S. Possessions.
Individuals With Income From U.S. Possessions
If you had income from Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, or the Virgin Islands, special
rules may apply when
determining whether you must file a U.S. federal income tax return. In addition, you may have to file a return with the individual
island government.
See Publication 570 for more information.
If you are a dependent (one who meets the dependency tests in chapter 3), see Table 1-2 to find whether you must file a return.
You also must file
if your situation is described in Table 1-3.
Responsibility of parent.
Generally, a child is responsible for filing his or her own tax return and for paying any tax on the return. But if
a dependent child who must file
an income tax return cannot file it for any reason, such as age, then a parent, guardian, or other legally responsible person
must file it for the
child. If the child cannot sign the return, the parent or guardian must sign the child's name followed by the words “ By (your signature), parent for
minor child.”
Child's earnings.
Amounts a child earns by performing services are his or her gross income. This is true even if under local law the
child's parents have the right
to the earnings and may actually have received them. If the child does not pay the tax due on this income, the parent is liable
for the tax.
If a child's only income is interest and dividends (including capital gain distributions and Alaska Permanent Fund dividends)
and certain other
conditions are met, a parent can elect to include the child's income on the parent's return. If this election is made, the
child does not have to file
a return. See Parent's Election To Report Child's Interest and Dividends in chapter 33.
You are self-employed if you:
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Carry on a trade or business as a sole proprietor,
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Are an independent contractor,
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Are a member of a partnership, or
-
Are in business for yourself in any other way.
Self-employment can include work in addition to your regular full-time business activities, such as certain part-time work
you do at home or in
addition to your regular job. You must file a return if your gross income is at least as much as the filing requirement amount for your filing status and
age (shown in Table
1-1). Also, you must file Form 1040 and Schedule SE (Form 1040), Self-Employment Tax, if:
-
Your net earnings from self-employment (excluding church employee income) were $400 or more, or
-
You had church employee income of $108.28 or more. (See Table 1-3.)
Use Schedule SE (Form 1040) to figure your self-employment tax. Self-employment tax is comparable to the social security and
Medicare tax withheld
from an employee's wages. For more information about this tax, get Publication 533, Self-Employment Tax.
Employees of foreign governments or international organizations.
If you are a U.S. citizen who works in the United States for an international organization, a foreign government,
or a wholly owned instrumentality
of a foreign government, and your employer is not required to withhold social security and Medicare taxes from your wages,
you must include your
earnings from services performed in the United States when figuring your net earnings from self-employment.
Ministers.
You must include income from services you performed as a minister when figuring your net earnings from self-employment,
unless you have an
exemption from self-employment tax. This also applies to Christian Science practitioners and members of a religious order
who have not taken a vow of
poverty. For more information, get Publication 517, Social Security and Other Information for Members of the Clergy and Religious
Workers.
Table 1-2. 2004 Filing Requirements for Dependents
See chapter 3 to find out if someone can claim you as a dependent.
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If your parents (or someone else) can claim you as a dependent, and any of the situations below apply
to you, you must file a return. (See Table 1-3 for other situations when you must file.)
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In this table, earned income includes salaries, wages, tips, and professional fees. It
also includes taxable scholarship and fellowship grants. (See Scholarship and Fellowship Grants in chapter 13.) Unearned income
includes investment-type income such as taxable interest, ordinary dividends, and capital gain distributions. It also includes
unemployment
compensation, taxable social security benefits, pensions, annuities, and distributions of unearned income from a trust. Gross income is the
total of your earned and unearned income.
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| Caution: If your gross income was $3,100 or more, you generally cannot be claimed as a
dependent unless you were under age 19 or a full-time student under age 24. For details, see Gross Income Test in chapter
3.
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| Single dependents—Were you either age 65 or older or
blind?
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□
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No. |
You must file a return if any of the following apply.
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•
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Your unearned income was more than $800.
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•
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Your earned income was more than $4,850.
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•
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Your gross income was more than the larger of:
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|
•
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$800, or
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|
|
•
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Your earned income (up to $4,600) plus $250.
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□
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Yes. |
You must file a return if any of the following apply.
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| |
|
•
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Your unearned income was more than $2,000 ($3,200 if 65 or older and blind).
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| |
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•
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Your earned income was more than $6,050 ($7,250 if 65 or older and blind).
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•
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Your gross income was more than $1,200 ($2,400 if 65 or older and blind)
plus the larger of:
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| |
|
|
•
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$800, or
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|
|
•
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Your earned income (up to $4,600) plus $250.
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| Married dependents—Were you either age 65 or older or blind?
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□
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No. |
You must file a return if any of the following apply.
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| |
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•
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Your unearned income was more than $800.
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|
•
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Your earned income was more than $4,850.
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•
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Your gross income was at least $5 and your spouse files a separate return and itemizes
deductions.
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•
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Your gross income was more than the larger of:
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| |
|
|
•
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$800, or
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| |
|
|
•
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Your earned income (up to $4,600) plus $250.
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□
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Yes. |
You must file a return if any of the following apply.
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| |
|
•
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Your unearned income was more than $1,750 ($2,700 if 65 or older and blind).
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•
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Your earned income was more than $5,800 ($6,750 if 65 or older and blind).
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•
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Your gross income was at least $5 and your spouse files a separate return and itemizes
deductions.
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•
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Your gross income was more than $950 ($1,900 if 65 or older and blind)
plus the larger of:
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| |
|
|
•
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$800, or
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| |
|
|
•
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Your earned income (up to $4,600) plus $250.
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Your status as an alien—resident, nonresident, or dual-status—determines whether and how you must file an income tax return.
The rules used to determine your alien status are discussed in Publication 519, U.S. Tax Guide for Aliens.
Resident alien.
If you are a resident alien for the entire year, you must file a tax return following the same rules that apply to
U.S. citizens. Use the forms
discussed in this publication.
Nonresident alien.
If you are a nonresident alien, the rules and tax forms that apply to you are different from those that apply to U.S.
citizens and resident aliens.
See Publication 519 to find out if U.S. income tax laws apply to you and which forms you should file.
Dual-status taxpayer.
If you are a resident alien for part of the tax year and a nonresident alien for the rest of the year, you are a dual-status
taxpayer. Different
rules apply for each part of the year. For information on dual-status taxpayers, see Publication 519.
Even if you do not have to file, you should file a federal income tax return to get money back if any of the following conditions
apply.
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You had federal income tax withheld from your pay.
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You qualify for the earned income credit. See chapter 38 for more information.
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You qualify for the additional child tax credit. See chapter 36 for more information.
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You qualify for the health coverage tax credit. See chapter 39 for more information.
You must use one of three forms to file your return: Form 1040EZ, Form 1040A, or Form 1040. (But also see Does My Return Have To Be on
Paper, later.)
Form 1040EZ is the simplest form to use.
You can use Form 1040EZ if all of the following apply.
-
Your filing status is single or married filing jointly. If you were a nonresident alien at any time in 2004, your filing status
must be
married filing jointly.
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You (and your spouse if married filing a joint return) were under age 65 and not blind at the end of 2004. If you were born
on January 1,
1940, you are considered to be age 65 at the end of 2004.
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You do not claim any dependents.
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Your taxable income is less than $100,000.
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Your income is only from wages, salaries, tips, unemployment compensation, Alaska Permanent Fund dividends, taxable scholarship
and
fellowship grants, and taxable interest of $1,500 or less.
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You did not receive any advance earned income credit (EIC) payments.
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You do not claim any adjustments to income, such as a deduction for IRA contributions or student loan interest.
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You do not claim any credits other than the earned income credit.
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You do not owe any household employment taxes on wages you paid to a household employee.
You must meet all of these requirements to use Form 1040EZ. If you do not, you must use Form 1040A or Form 1040.
Figuring tax.
On Form 1040EZ, you can use only the tax table to figure your tax. You cannot use Form 1040EZ to report any other
tax.
If you do not qualify to use Form 1040EZ, you may be able to use Form 1040A.
You can use Form 1040A if all of the following apply.
-
Your income is only from wages, salaries, tips, IRA distributions, pensions and annuities, taxable social security and railroad
retirement
benefits, taxable scholarship and fellowship grants, interest, ordinary dividends (including Alaska Permanent Fund dividends),
capital gain
distributions, and unemployment compensation.
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Your taxable income is less than $100,000.
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Your adjustments to income are for only the following items.
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Educator expenses.
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IRA deduction.
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Student loan interest deduction.
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Tuition and fees deduction.
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You do not itemize your deductions.
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Your taxes are from only the following items.
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Tax Table.
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Alternative minimum tax. (See chapter 32.)
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Advance earned income credit (EIC) payments, if you received any. (See chapter 38.)
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Recapture of an education credit. (See chapter 37.)
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Form 8615, Tax for Children Under Age 14 With Investment Income of More Than $1,600.
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Qualified Dividends and Capital Gain Tax Worksheet.
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You claim only the following tax credits.
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The credit for child and dependent care expenses. (See chapter 34.)
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The credit for the elderly or the disabled. (See chapter 35.)
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The child tax credit. (See chapter 36.)
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The additional child tax credit. (See chapter 36.)
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The education credits. (See chapter 37.)
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The retirement savings contributions credit. (See chapter 39.)
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The earned income credit. (See chapter 38.)
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The adoption credit. (See chapter 39.)
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You did not have an alternative minimum tax adjustment on stock you acquired from the exercise of an incentive stock option.
(See
Publication 525, Taxable and Nontaxable Income.)
You must meet all of the above requirements to use Form 1040A. If you do not, you must use Form 1040.
If you meet the above requirements, you can use Form 1040A even if you received employer-provided adoption benefits
or dependent care benefits.
If you receive a capital gain distribution that includes unrecaptured section 1250 gain, section 1202 gain, or collectibles
(28%) gain, you cannot
use Form 1040A. You must use Form 1040.
If you cannot use Form 1040EZ or Form 1040A, you must use Form 1040. You can use Form 1040 to report all types of income,
deductions, and credits.
You may have received Form 1040A or Form 1040EZ in the mail because of the return you filed last year. If your situation has
changed this year, it
may be to your advantage to file Form 1040 instead. You may pay less tax by filing Form 1040 because you can take itemized
deductions, some
adjustments to income, and credits you cannot take on Form 1040A or Form 1040EZ.
You must use Form 1040 if any of the following apply.
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Your taxable income is $100,000 or more.
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You itemize your deductions.
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You had income that cannot be reported on Form 1040EZ or Form 1040A, including tax-exempt interest from private activity bonds
issued after
August 7, 1986.
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You claim any adjustments to gross income other than the adjustments listed earlier under Form 1040A.
-
Your Form W-2, box 12, shows uncollected employee tax (social security and Medicare tax) on tips (see chapter 7) or group-term
life
insurance (see chapter 6).
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You received $20 or more in tips in any one month and did not report all of them to your employer. (See chapter 7.)
-
You claim any credits other than the credits listed earlier under Form 1040A.
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You owe the excise tax on insider stock compensation from an expatriated corporation.
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You have to file other forms with your return to report certain exclusions, taxes, or transactions.
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Table 1-3.Other Situations When You Must File a 2004 Return |
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If any of the four conditions listed below apply, you must file a return, even if your income is less than the
amount shown in Table 1-1 or Table 1-2.
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|
1.
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You owe any special taxes, such as:
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| |
•
•
•
•
•
•
•
•
•
•
•
•
•
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Social security or Medicare tax on tips you did not report to your employer. (See chapter 7.)
Uncollected social security, Medicare, or railroad retirement tax on tips you reported to your employer. (See chapter 7.)
Uncollected social security, Medicare, or railroad retirement tax on your group-term life insurance. This amount should be
shown in box 12 of your
Form W-2.
Alternative minimum tax. (See chapter 32.)
Additional tax on a qualified retirement plan, including an individual retirement arrangement (IRA). (See chapter 18.)
Additional tax on an Archer MSA or health savings account. (See Publication 969, Health Savings Accounts and Other Tax-Favored
Health Plans.)
Additional tax on a Coverdell ESA or qualified tuition program. (See Publication 970, Tax Benefits for Education.)
Recapture of an investment credit or a low-income housing credit. (See the instructions for Form 4255, Recapture of Investment
Credit, or Form
8611, Recapture of Low-Income Housing Credit.)
Recapture tax on the disposition of a home purchased with a federally-subsidized mortgage. (See chapter 16.)
Recapture of the qualified electric vehicle credit. (See chapter 39.)
Recapture of an education credit. (See chapter 37.)
Recapture of the Indian employment credit. (See the instructions for Form 8845, Indian Employment Credit.)
Recapture of the new markets credit. (See Form 8874, New Markets Credit.)
|
|
2.
|
You received any advance earned income credit (EIC) payments from your employer. This amount should be
shown in box 9 of your Form W-2. (See chapter 38.)
|
|
3.
|
You had net earnings from self-employment of at least $400. (See Self-Employed Persons earlier
in this chapter.)
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|
4.
|
You had wages of $108.28 or more from a church or qualified church-controlled organization that is exempt
from employer social security and Medicare taxes. (See Publication 533.)
|
Does My Return Have To Be on Paper?
You may be able to file a paperless return using IRS e-file (electronic filing). It's so easy, over 61 million taxpayers preferred
e-file over filing a paper tax return last year.
This section explains how to e-file:
-
Using an Authorized IRS e-file Provider,
-
Using your personal computer, or
-
Using a telephone (TeleFile).
Table 1-4 lists the benefits of IRS e-file. IRS e-file uses automation to replace most of the manual steps needed to process
paper returns. As a result, the processing of e-file returns is faster and more accurate than the processing of paper returns. However, as
with a paper return, you are responsible for making sure your return contains accurate information and is filed on time.
Using e-file does not affect your chances of an IRS examination of your return.
Electronic signatures.
Create your own personal identification number (PIN) and use a tax professional or file your own paperless return
electronically. If you are
married filing jointly, you and your spouse will each need to create a PIN and enter these PINs as your electronic signatures.
A PIN is any combination of five numbers, except five zeros. If you use a PIN, there is nothing to sign and nothing
to mail—not even your
Forms W-2.
To verify your identity, you will be asked to enter your adjusted gross income (AGI) from your originally filed 2003
income tax return, if
applicable. Do not use your AGI from an amended return (Form 1040X), math error notice, or other changed amount from the IRS.
AGI is the amount shown
on your 2003 Form 1040, line 34; Form 1040A, line 21; Form 1040EZ, line 4; and on the TeleFile Tax Record, line I. If you
do not have your 2003 income
tax return, call the IRS at 1-800-829-1040 to get a free transcript of your account. You will also be asked to enter your
date of birth (DOB). Make
sure your DOB is accurate and matches the information on record with the Social Security Administration by checking your annual
Social Security
Statement.
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Table 1-4.Benefits of IRS e-file |
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Free File Options!
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•
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At least 60 percent of taxpayers are eligible to use free commercial online tax preparation software to e-file.
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•
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Visit
www.irs.gov/efile to see if you qualify and to
access these free services offered by the tax software industry (not the IRS).
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Fast! Easy! Convenient!
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•
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Get your refund in half the time as paper filers do, even faster and safer with Direct Deposit—in as few as 10 days.
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•
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Sign electronically and file a completely paperless return.
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•
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Receive an electronic proof of receipt within 48 hours that the IRS received your return.
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•
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If you owe, you can e-file and authorize an electronic funds withdrawal or pay by credit card. If you e-file before April
15, 2005, you can schedule an electronic funds withdrawal from your checking or savings account as late as April 15, 2005.
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Prepare and file your federal and state returns together and save time.
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Accurate! Secure!
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IRS computers quickly and automatically check for errors or other missing information.
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•
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The chance of being audited does not differ whether you e-file or file a paper tax return.
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•
|
Your bank account information is safeguarded along with other tax return information. The IRS does not have access to credit
card
numbers.
|
You cannot sign your return electronically if you are a first-time filer under age 16 at the end of 2004, or if you are filing
Form 3115, 3468 (if
attachments are required), 5713, 8283 (if completing Section B), 8332, 8858, or 8885.
For more details on the PIN method, visit
www.irs.gov/efile and click on “ IRS
e-file for Individual Taxpayers.”
An Authorized IRS e-file Provider can, with your authorization, generate a PIN for you.
Forms 8453 and 8453-OL.
Your return is not complete without your signature. If you are not eligible or choose not to sign your return electronically,
you must complete,
sign, and file Form 8453, U.S. Individual Income Tax Declaration for an IRS e-file Return, or Form 8453-OL, U.S. Individual Income Tax
Declaration for an IRS e-file Online Return, whichever applies.
State returns.
In most states, you can file an electronic state return simultaneously with your federal return. For more information,
check with your local IRS
office, state tax agency, tax professional, or the IRS web site at
www.irs.gov/efile.
Refunds.
You can have a refund check mailed to you, or you can have your refund deposited directly to your checking or savings
account.
With e-file, your refund will be issued in half the time as when filing on paper. If you choose direct deposit, you can receive your
refund in as few as 10 days.
As with a paper return, you may not get all of your refund if you owe certain past-due amounts, such as federal tax,
state tax, a student loan, or
child support. See Offset against debts under Refunds, later.
Refund inquiries.
If you do not receive your refund within 3 weeks after your electronically-filed return was accepted by IRS, see Past-Due Refund, later.
Balance due.
If you owe tax, you must pay it by April 15, 2005, to avoid late-payment penalties and interest. You can make your
payment electronically by credit
card or by scheduling an electronic funds withdrawal from your checking or savings account.
See How To Pay, later, for information on how to pay the balance due.
Using an Authorized IRS e-file Provider
Many tax professionals electronically file tax returns for their clients. As a taxpayer, you have two options.
You may personally enter your PIN or complete Form 8879, IRS e-file Signature Authorization, to authorize the provider to enter your PIN
on your return.
Note.
Tax professionals may charge a fee for IRS e-file. Fees may vary depending on the professional and the specific services rendered.
Using Your Personal Computer
You can file your tax return in a fast, easy, convenient way using your personal computer. A computer with a modem or Internet
access and tax
preparation software are all you need. You can e-file from the comfort of your home 24 hours a day, 7 days a week. Best of all, you may
qualify for Free File.
If you do not qualify for the Free File options, visit our Partners Page for partners that offer other free or low-cost filing
options.
IRS approved tax preparation software is available for online use on the Internet, for download from the Internet, and in
retail stores.
For information on Free File, Partners Page, and tax preparation software, visit our website at
www.irs.gov/efile.
Using a Telephone (TeleFile)
For millions of eligible taxpayers, TeleFile is the easiest way to file. TeleFile allows you to file your simple federal tax
return using a
touch-tone telephone. Only taxpayers who met the qualifications for Form 1040EZ in the prior year are eligible to receive
the TeleFile tax package for
the current year. A TeleFile tax package is automatically mailed to you if you are eligible. TeleFile is completely paperless—there
are no forms
to mail in. Just follow the instructions in the TeleFile tax package. TeleFile is filed directly with the IRS, usually in
10 minutes, and it's FREE.
Parents: If your children receive a TeleFile tax package, please encourage them to use TeleFile.
Through Employers and Financial Institutions
Some businesses offer free e-file to their employees, members, or customers. Others offer it for a fee. Ask your employer or financial
institution if they offer IRS e-file as an employee, member, or customer benefit.
Free Help With Your Return
Free help in preparing your return is available nationwide from IRS-trained volunteers. The Volunteer Income Tax Assistance
(VITA) program is
designed to help low-income taxpayers and the Tax Counseling for the Elderly (TCE) program is designed to assist taxpayers
age 60 or older with their
tax returns. Many VITA sites offer free electronic filing and all volunteers will let you know about the credits and deductions
you may be entitled to
claim. To find a site near you, call 1-800-829-1040. Or to find the nearest AARP TaxAide site, visit AARP's website at
www.aarp.org/taxaide or call 1-888-227-7669. For more
information on these programs, go to
www.irs.gov and enter keyword “VITA” in the upper right-hand corner.
April 15, 2005, is the due date for filing your 2004 income tax return if you use the calendar year. For a quick view of due
dates for filing a
return with or without an extension of time to file (discussed later), see Table 1-5.
Table 1-5. When To File Your 2004 Return
For U.S. citizens and residents who file returns on a calendar year.
| |
For Most Taxpayers |
For Certain Taxpayers
Outside the U.S. |
|
No extension requested
|
April 15, 2005
|
June 15, 2005
|
Automatic extension Form 4868 filed, or credit
card payment made
|
August 15, 2005
|
August 15, 2005
|
2nd extension Form 2688 filed after getting
automatic extension
|
October 17, 2005
|
October 17, 2005
|
If you use a fiscal year (a year ending on the last day of any month except December, or a 52-53-week year), your income tax
return is due by the
15th day of the 4th month after the close of your fiscal year.
When the due date for doing any act for tax purposes—filing a return, paying taxes, etc.—falls on a Saturday, Sunday, or legal
holiday,
the due date is delayed until the next business day.
Filing on time.
Your paper return is filed on time if it is mailed in an envelope that is properly addressed, has enough postage,
and is postmarked by the due
date. If you send your return by registered mail, the date of the registration is the postmark date. The registration is evidence
that the return was
delivered. If you send a return by certified mail and have your receipt postmarked by a postal employee, the date on the receipt
is the postmark date.
The postmarked certified mail receipt is evidence that the return was delivered.
Private delivery services.
If you use a private delivery service designated by the IRS to send your return, the postmark date generally is the
date the private delivery
service records in its database or marks on the mailing label. The private delivery service can tell you how to get written
proof of this date.
The following are designated private delivery services.
-
DHL Express (DHL): DHL Same Day Service, DHL Next Day 10:30 am, DHL Next Day 12:00 pm, DHL Next Day 3:00 pm, and DHL 2nd Day
Service.
-
Federal Express (FedEx): FedEx Priority Overnight, FedEx Standard Overnight, FedEx 2Day, FedEx International Priority, and
FedEx
International First.
-
United Parcel Service (UPS): UPS Next Day Air, UPS Next Day Air Saver, UPS 2nd Day Air, UPS 2nd Day Air A.M., UPS Worldwide
Express Plus,
and UPS Worldwide Express.
Private delivery services cannot deliver items to P.O. boxes. You must use the U.S. Postal Service to mail any item to an
IRS P.O. box address.
Electronically filed returns.
If you use IRS e-file, your return is considered filed on time if the authorized electronic return transmitter postmarks the
transmission by the due date. An authorized electronic return transmitter is a participant in the IRS e-file program that transmits
electronic tax return information directly to the IRS.
The electronic postmark is a record of when the authorized electronic return transmitter received the transmission
of your electronically filed
return on its host system. The date and time in your time zone controls whether your electronically filed return is timely.
Filing late.
If you do not file your return by the due date, you may have to pay a failure-to-file penalty and interest. For more
information, see
Penalties, later. Also see Interest under Amount You Owe.
If you were due a refund but you did not file a return, you generally must file within 3 years from the date the return
was due (including
extensions) to get that refund.
Nonresident alien.
If you are a nonresident alien and earn wages subject to U.S. income tax withholding, your 2004 U.S. income tax return
(Form 1040NR or Form
1040NR-EZ) is due by:
-
April 15, 2005, if you use a calendar year, or
-
The 15th day of the 4th month after the end of your fiscal year if you use a fiscal year.
If you do not earn wages subject to U.S. income tax withholding, your return is due by:
-
June 15, 2005, if you use a calendar year, or
-
The 15th day of the 6th month after the end of your fiscal year, if you use a fiscal year.
Get Publication 519 for more filing information.
Filing for a decedent.
If you must file a final income tax return for a taxpayer who died during the year (a decedent), the return is due
by the 15th day of the 4th month
after the end of the decedent's normal tax year. In most cases, for a 2004 return, this will be April 15, 2005. See Final Return for the
Decedent in chapter 4.
Extensions of Time To File
You may be able to get an extension of time to file your return. Special rules apply for those who were:
If you cannot file your 2004 return by the due date, you may be able to get an automatic 4-month extension of time to file.
Example.
If your return is due on April 15, 2005, you will have until August 15, 2005, to file.
If you do not pay the tax due by the regular due date (generally, April 15), you will owe interest. You may also be charged
penalties, discussed
later.
How to get the automatic extension.
You can get the automatic extension by:
-
Using IRS e-file (electronic filing), or
-
Filing a paper form.
E-file options.
There are three ways you can use e-file to get an extension of time to file. If you e-file, you will get a confirmation
number when you complete the transaction. Keep the number with your records.
Complete Form 4868, Application for Automatic Extension of Time To File U.S. Individual Income Tax Return, to use
as a worksheet. If you think you
may owe tax when you file your return, use Part II of the form to estimate your balance due. Do not send Form 4868 to the IRS.
E-file by phone.
You can file Form 4868 by phone any time from February 2 through April 15, 2005. You will need to provide certain
information from your tax return
for 2003. If you wish to make a payment by electronic funds withdrawal, see Electronic payment options, under How To Pay, later
in this chapter.
E-file using your personal computer or a tax professional.
You can use a tax software package with your personal computer or a tax professional to file Form 4868 electronically.
You will need to provide
certain information from your tax return for 2003. If you wish to make a payment by electronic funds withdrawal, see Electronic payment
options, under How To Pay, later in this chapter.
E-file and pay by credit card.
You can get an extension by paying part or all of your estimate of tax due by using a credit card. You can do this
by phone or over the Internet.
You do not file Form 4868. See Credit card, under How To Pay, later in this chapter.
Filing a paper Form 4868.
You can get an extension of time to file by filing a paper Form 4868. Mail it to the address shown in the form instructions.
If you want to make a payment with the form, make your check or money order payable to the “ United States Treasury.” Write your SSN, daytime
phone number, and “ 2004 Form 4868” on your check or money order.
When to file.
You must request the automatic extension by the due date for your return. You can file your return any time before
the 4-month extension period
ends.
When you file your return.
Enter any payment you made related to the extension of time to file on line 68, Form 1040. If you file Form 1040EZ
or Form 1040A, include that
payment in your total payments on line 9 of Form 1040EZ or line 43 of Form 1040A. Also print “ Form 4868” and the amount paid in the space to the
left of line 9 or line 43.
Extension beyond 4 months.
If you get the 4-month extension and you later find that you are not able to file within the 4-month extension period,
you may be able to get 2
more months to file, for a total of 6 months.
You can apply for an extension beyond the 4-month extension either by writing a letter to the IRS or by filing Form
2688, Application for
Additional Extension of Time To File U.S. Individual Income Tax Return. Except in cases of undue hardship, a request for additional
time will not be
approved unless you have first used the automatic 4-month extension. Form 2688 or your letter will not be considered if you
file it after the extended
due date.
You should ask for the extension early so that, if it is not approved, you still will be able to file on time.
To get an extension beyond the automatic 4-month extension, you must give all the following information.
-
The reason for requesting the extension.
-
The tax year to which the extension applies.
-
The length of time needed for the extension.
-
Whether another extension of time to file has already been requested for this tax year.
You must sign the request for this extension, or it may be signed by your attorney, CPA, enrolled agent, or a person with
a power of attorney.
If you are unable to sign the request because of illness or for another good reason, a person with a close personal or business
relationship to you
can sign for you, stating why you could not sign the request.
E-file.
Refer to your tax software package or tax preparer for ways to file Form 2688 electronically. You will need to provide
certain information from
your tax return for 2003. If you file electronically, do not mail the Form 2688.
Extension approved.
If your application for this extension is approved, you will be notified by the IRS.
If the IRS later determines that the statements made on your request for this extension are false or misleading and
an extension would not have
been approved at the time based on the true facts, the extension will be null and void. You will have to pay the failure-to-file
penalty (discussed
later under Civil Penalties).
Extension not approved.
If your application for this extension is not approved, you must file your return by the extended due date of the
automatic extension. You may be
allowed to file within 10 days of the date of the notice you get from the IRS if the end of the 10-day period is later than
the due date. The notice
will tell you if the 10-day grace period is granted.
No further extensions.
If you are in the United States, an extension of more than 6 months will not be approved.
Individuals Outside the United States
You are allowed an automatic 2-month extension (until June 15, 2005, if you use the calendar year) to file your 2004 return
and pay any federal
income tax due if:
-
You are a U.S. citizen or resident, and
-
On the due date of your return:
-
You are living outside of the United States and Puerto Rico, and your main place of business or post of duty is outside the
United States
and
Puerto Rico, or
-
You are in military or naval service on duty outside the United States and
Puerto Rico.
However, if you pay the tax due after the regular due date (generally, April 15), interest will be charged from that date
until the date the tax is
paid.
If you served in a combat zone or qualified hazardous duty area, you may be eligible for a longer extension of time to file.
See Individuals
Serving in Combat Zone, later, for special rules that apply to you.
Married taxpayers.
If you file a joint return, only one spouse has to qualify for this automatic extension. If you and your spouse file
separate returns, this
automatic extension applies only to the spouse who qualifies.
How to get the extension.
To use this special automatic extension, you must attach a statement to your return explaining what situation qualified
you for the extension. (See
the situations listed under (2), earlier.)
Extensions beyond 2 months.
If you cannot file your return within the automatic 2-month extension period, you may be able to get an additional
2-month extension, for a total
of 4 months. Generally, you must file a paper Form 4868 by the end of the automatic extension period (usually June 15) to
get this additional 2-month
extension. Write “ Taxpayer Abroad” across the top of Form 4868.
This additional 2-month extension of time to file is not a further extension of time to pay. You can use a credit
card to pay your estimate of tax
due. See How To Pay, later in this chapter.
Extension beyond 4 months.
If you are still unable to file your return within the 4-month extension period, you may be able to get an extension
for 2 more months, for a total
of 6 months. See Extension beyond 4 months, earlier.
No further extension.
An extension of more than 6 months will generally not be granted. However, if you are outside the United States and
meet certain tests, you may be
granted a longer extension. For more information, see Further extensions under When To File and Pay in Publication 54.
Individuals Serving in Combat Zone
The deadline for filing your tax return, paying any tax you may owe, and filing a claim for refund is automatically extended
if you serve in a
combat zone. This applies to members of the Armed Forces, as well as merchant marines serving aboard vessels under the operational
control of the
Department of Defense, Red Cross personnel, accredited correspondents, and civilians under the direction of the Armed Forces
in support of the Armed
Forces.
Combat zone.
For purposes of the automatic extension, the term “ combat zone” includes the following areas.
-
The Persian Gulf area, effective January 17, 1991.
-
The qualified hazardous duty area of Bosnia and Herzegovina, Croatia, and Macedonia, effective November 21, 1995.
-
The qualified hazardous duty area of the Federal Republic of Yugoslavia (Serbia/Montenegro), Albania, the Adriatic Sea, and
the Ionian Sea
north of the 39th parallel, effective March 24, 1999.
-
Afghanistan, effective September 19, 2001.
See Publication 3, Armed Forces' Tax Guide, for information about other tax benefits available to military personnel
serving in a combat zone.
Extension period.
The deadline for filing your return, paying any tax due, and filing a claim for refund is extended for at least 180
days after the later of:
-
The last day you are in a combat zone or the last day the area qualifies as a combat zone, or
-
The last day of any continuous qualified hospitalization for injury from service in the combat zone.
In addition to the 180 days, your deadline is also extended by the number of days you had left to take action with
the IRS when you entered the
combat zone. For example, you have 3½ months (January 1–April 15) to file your tax return. Any days left in this period when
you
entered the combat zone (or the entire 3½ months if you entered it before the beginning of the year) are added to the 180
days. See
Extension of Deadline in Publication 3 for more information.
The above rules on the extension for filing your return also apply when you are deployed outside the United States
(away from your permanent duty
station) while participating in a designated contingency operation.
How Do I Prepare My Return?
This section explains how to get ready to fill in your tax return and when to report your income and expenses. It also explains
how to complete
certain sections of the form. You may find Table 1-6 helpful when you prepare your return.
In most cases, based on what you filed last year, the IRS will mail you Form 1040, Form 1040A, or Form 1040EZ with related
instructions, or a
TeleFile package. Before you fill in the form, look at the form instructions to see if you need, or would benefit from filing,
a different form this
year. Also see if you need any additional forms or schedules. You may also want to read Does My Return Have To Be on Paper, earlier. If you do not receive a tax return package in the mail, or if you need other forms, you can order them or print them from
the Internet. See
How To Get Tax Help in the back of this publication.
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Table 1-6.
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Six Steps for Preparing Your Return |
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1
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—
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Get your records together for income and expenses.
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2
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—
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Get the forms, schedules, and publications you need.
|
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3
|
—
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Fill in your return.
|
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4
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—
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Check your return to make sure it is correct.
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5
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—
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Sign and date your return.
|
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6
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—
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Attach all required forms and schedules.
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Substitute tax forms.
You cannot use your own version of a tax form unless it meets the requirements explained in Publication 1167, General
Rules and Specifications for
Substitute Forms and Schedules.
Form W-2.
If you are an employee, you should receive Form W-2 from your employer. You will need the information from this form
to prepare your return. See
Form W-2 under Credit for Withholding and Estimated Tax in chapter 5.
If you do not receive Form W-2 by January 31, 2005, contact your employer. If you still do not get the form by February
15, the IRS can help you by
requesting the form from your employer. When you request IRS help, be prepared to provide the following information.
-
Your name, address (including zip code), and phone number.
-
Your SSN.
-
Your dates of employment.
-
Your employer's name, address (including zip code), and phone number.
Form 1099.
If you received certain types of income, you may receive a Form 1099. For example, if you received taxable interest
of $10 or more, the payer
generally must give you a Form 1099-INT. If you have not received it by January 31, 2005, contact the payer. If you still
do not get the form by
February 15, call the IRS for help.
When Do I Report My Income and Expenses?
You must figure your taxable income on the basis of a tax year. A “tax year” is an annual accounting period used for keeping records and
reporting income and expenses. You must account for your income and expenses in a way that clearly shows your taxable income.
The way you do this is
called an accounting method. This section explains which accounting periods and methods you can use.
Most individual tax returns cover a calendar year—the 12 months from January 1 through December 31. If you do not use a calendar
year, your
accounting period is a fiscal year. A regular fiscal year is a 12-month period that ends on the last day of any month except
December. A 52-53-week
fiscal year varies from 52 to 53 weeks and always ends on the same day of the week.
You choose your accounting period (tax year) when you file your first income tax return. It cannot be longer than 12 months.
More information.
For more information on accounting periods, including how to change your accounting period, see Publication 538, Accounting
Periods and Methods.
Your accounting method is the way you account for your income and expenses. Most taxpayers use either the cash method or an
accrual method. You
choose a method when you file your first income tax return. If you want to change your accounting method after that, you generally
must get IRS
approval.
Cash method.
If you use this method, report all items of income in the year in which you actually or constructively receive them.
Generally, you deduct all
expenses in the year you actually pay them. This is the method most individual taxpayers use.
Constructive receipt.
Generally, you constructively receive income when it is credited to your account or set apart in any way that makes
it available to you. You do not
need to have physical possession of it. For example, interest credited to your bank account on December 31, 2004, is taxable
income to you in 2004 if
you could have withdrawn it in 2004 (even if the amount is not entered in your passbook or withdrawn until 2005).
Garnisheed wages.
If your employer uses your wages to pay your debts, or if your wages are attached or garnisheed, the full amount is
constructively received by you.
You must include these wages in income for the year you would have received them.
Brokerage and other accounts.
Profits from a brokerage account, or similar account, are fully taxable in the year you earn them. This is true even
if:
-
You do not withdraw the earnings,
-
The credit balance in the account may be reduced or eliminated by losses in later years, or
-
Current profits are used to reduce or eliminate a debit balance from previous years.
Debts paid for you.
If another person cancels or pays your debts (but not as a gift or loan), you have constructively received the amount
and generally must include it
in your gross income for the year. See Canceled Debts in chapter 13 for more information.
Payment to third party.
If a third party is paid income from property you own, you have constructively received the income. It is the same
as if you had actually received
the income and paid it to the third party.
Payment to an agent.
Income an agent receives for you is income you constructively received in the year the agent receives it. If you indicate
in a contract that your
income is to be paid to another person, you must include the amount in your gross income when the other person receives it.
Check received or available.
A valid check that was made available to you before the end of the tax year is constructively received by you in that
year. A check that was
“ made available to you” includes a check you have already received, but not cashed or deposited. It also includes, for example, your last
paycheck of the year that your employer made available for you to pick up at the office before the end of the year. It is
constructively received by
you in that year whether or not you pick it up before the end of the year or wait to receive it by mail after the end of the
year.
No constructive receipt.
There may be facts to show that you did not constructively receive income.
Example.
Alice Johnson, a teacher, agreed to her school board's condition that, in her absence, she would receive only the difference
between her regular
salary and the salary of a substitute teacher hired by the school board. Therefore, Alice did not constructively receive the
amount by which her
salary was reduced to pay the substitute teacher.
Accrual method.
If you use an accrual method, you generally report income when you earn it, rather than when you receive it. You generally
deduct your expenses
when you incur them, rather than when you pay them.
Income paid in advance.
An advance payment of income is generally included in gross income in the year you receive it. Your method of accounting
does not matter as long as
the income is available to you. An advance payment may include rent or interest you receive in advance and pay for services
you will perform later.
Beginning in 2004, a limited deferral until the next tax year may be allowed for certain advance payments. See Publication
538 for specific
information.
Additional information.
For more information on accounting methods, including how to change your accounting method, get Publication 538.
You must enter your social security number (SSN) in the space provided on your return. Be sure the SSN on your return is the
same as the SSN on
your social security card. If you are married, enter the SSNs for both you and your spouse, whether you file jointly or separately.
If you are filing a joint return, write the SSNs in the same order as the names. Use this same order in submitting other forms
and documents to the
IRS.
Name change.
If you changed your name because of marriage, divorce, etc., immediately notify your Social Security Administration
(SSA) office so the name on
your tax return is the same as the one the SSA has on its records. This will help prevent delays in issuing your refund and
safeguard your future
social security benefits.
Dependent's social security number.
You must provide the SSN of each dependent you claim, regardless of the dependent's age. This requirement applies
to all dependents (not just your
children) claimed on your tax return.
Exception.
If your child was born and died in 2004 and you do not have an SSN for the child, you may attach a
copy of the child's birth certificate instead. If you do, enter “ DIED” in column (2) of line 6c (Form 1040 or 1040A).
No social security number.
File Form SS-5, Application for a Social Security Card, with your local SSA office to get an SSN for yourself or your
dependent. It usually takes
about 2 weeks to get an SSN. If you or your dependent is not eligible for an SSN, see Individual taxpayer identification number (ITIN),
later.
If you are a U.S. citizen or resident alien, you must show proof of age, identity, and citizenship or alien status
with your Form SS-5. If you are
12 or older and have never been assigned an SSN, you must appear in person with this proof at an SSA office.
Form SS-5 is available at any SSA office, on the Internet at
www.socialsecurity.gov, or by calling 1-800-772-1213. If
you have any questions about which documents you can use as proof of age, identity, or citizenship, contact your SSA office.
If your dependent does not have an SSN by the time your return is due, you may want to ask for an extension of time
to file, as explained earlier
under When Do I Have To File.
If you do not provide a required SSN or if you provide an incorrect SSN, your tax may be increased and any refund
may be reduced.
Adoption taxpayer identification number (ATIN).
If you are in the process of adopting a child who is a U.S. citizen or resident and cannot get an SSN for the child
until the adoption is final,
you can apply for an ATIN to use instead of an SSN.
File Form W-7A, Application for Taxpayer Identification Number for
Pending U.S. Adoptions, with the IRS to get an ATIN if all of the following are true.
-
You have a child living with you who was placed in your home for legal adoption by an authorized placement agency.
-
You cannot get the child's existing SSN even though you have made a reasonable attempt to get it from the birth parents, the
placement
agency, and other persons.
-
You cannot get an SSN for the child from the SSA because, for example, the adoption is not final.
-
You cannot get an Individual Taxpayer Identification Number (ITIN) (discussed later) for the child.
-
You are eligible to claim the child as a dependent on your tax return.
After the adoption is final, you must apply for an SSN for the child. You cannot continue using the ATIN.
See Form W-7A for more information.
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