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Free Federal And State Tax Filing For Students

Free federal and state tax filing for students Publication 971 - Additional Material Table of Contents How To Get Tax HelpLow Income Taxpayer Clinics (LITCs). Free federal and state tax filing for students Questions & AnswersThis section answers questions commonly asked by taxpayers about innocent spouse relief. Free federal and state tax filing for students . Free federal and state tax filing for students What is joint and several liability? . Free federal and state tax filing for students How can I get relief from joint and several liability? . Free federal and state tax filing for students What are the rules for innocent spouse relief? . Free federal and state tax filing for students What are erroneous items? . Free federal and state tax filing for students What is an understated tax? . Free federal and state tax filing for students Will I qualify for innocent spouse relief in any situation where there is an understated tax? . Free federal and state tax filing for students What are the rules for separation of liability relief? . Free federal and state tax filing for students Why would a request for separation of liability relief be denied? . Free federal and state tax filing for students What are the rules for equitable relief? . Free federal and state tax filing for students How do state community property laws affect my ability to qualify for relief? . Free federal and state tax filing for students How do I request relief? . Free federal and state tax filing for students When should I file Form 8857? . Free federal and state tax filing for students Where should I file Form 8857? . Free federal and state tax filing for students I am currently undergoing an examination of my return. Free federal and state tax filing for students How do I request innocent spouse relief? . Free federal and state tax filing for students What if the IRS has given me notice that it will levy my account for the tax liability and I decide to request relief? . Free federal and state tax filing for students What is injured spouse relief? . Free federal and state tax filing for students What is joint and several liability? When you file a joint income tax return, the law makes both you and your spouse responsible for the entire tax liability. Free federal and state tax filing for students This is called joint and several liability. Free federal and state tax filing for students Joint and several liability applies not only to the tax liability you show on the return but also to any additional tax liability the IRS determines to be due, even if the additional tax is due to the income, deductions, or credits of your spouse or former spouse. Free federal and state tax filing for students You remain jointly and severally liable for taxes, and the IRS still can collect from you, even if you later divorce and the divorce decree states that your former spouse will be solely responsible for the tax. Free federal and state tax filing for students There are three types of relief for filers of joint returns: “innocent spouse relief,” “separation of liability relief,” and “equitable relief. Free federal and state tax filing for students ” Each type has different requirements. Free federal and state tax filing for students They are explained separately below. Free federal and state tax filing for students To qualify for innocent spouse relief, you must meet all of the following conditions. Free federal and state tax filing for students You must have filed a joint return which has an understated tax. Free federal and state tax filing for students The understated tax must be due to erroneous items of your spouse (or former spouse). Free federal and state tax filing for students You must establish that at the time you signed the joint return, you did not know, and had no reason to know, that there was an understated tax. Free federal and state tax filing for students Taking into account all of the facts and circumstances, it would be unfair to hold you liable for the understated tax. Free federal and state tax filing for students You must request relief within 2 years after the date on which the IRS first began collection activity against you after July 22, 1998. Free federal and state tax filing for students Erroneous items are any deductions, credits, or bases that are incorrectly stated on the return, and any income that is not properly reported on the return. Free federal and state tax filing for students You have an understated tax if the IRS determined that your total tax should be more than the amount actually shown on your return. Free federal and state tax filing for students For example, you reported total tax on your 2008 return of $2,500. Free federal and state tax filing for students IRS determined in an audit of your 2008 return that the total tax should be $3,000. Free federal and state tax filing for students You have a $500 understated tax. Free federal and state tax filing for students No. Free federal and state tax filing for students There are many situations in which you may owe tax that is related to your spouse (or former spouse), but not be eligible for innocent spouse relief. Free federal and state tax filing for students For example, you and your spouse file a joint return on which you report $10,000 of income and deductions, but you knew that your spouse was not reporting $5,000 of dividends. Free federal and state tax filing for students You are not eligible for innocent spouse relief because you have knowledge of the understated tax. Free federal and state tax filing for students Under this type of relief, you allocate (separate) the understated tax (plus interest and penalties) on your joint return between you and your spouse (or former spouse). Free federal and state tax filing for students The understated tax allocated to you is generally the amount you are responsible for. Free federal and state tax filing for students To qualify for separation of liability relief, you must have filed a joint return and meet either of the following requirements at the time you file Form 8857. Free federal and state tax filing for students You are no longer married to, or are legally separated from, the spouse with whom you filed the joint return for which you are requesting relief. Free federal and state tax filing for students (Under this rule, you are no longer married if you are widowed. Free federal and state tax filing for students ) You were not a member of the same household as the spouse with whom you filed the joint return at any time during the 12-month period ending on the date you file Form 8857. Free federal and state tax filing for students In addition to the above requirements, you must file a Form 8857 within 2 years after the date on which the IRS first began collection activity against you after July 22, 1998. Free federal and state tax filing for students Even if you meet the requirements listed earlier, a request for separation of liability relief will not be granted in the following situations. Free federal and state tax filing for students The IRS proves that you and your spouse (or former spouse) transferred assets to one another as part of a fraudulent scheme. Free federal and state tax filing for students The IRS proves that at the time you signed your joint return, you had actual knowledge of any erroneous items giving rise to the deficiency that are allocable to your spouse (or former spouse). Free federal and state tax filing for students Your spouse (or former spouse) transferred property to you to avoid tax or the payment of tax. Free federal and state tax filing for students Equitable relief is only available if you meet all of the following conditions. Free federal and state tax filing for students You do not qualify for innocent spouse relief, separation of liability relief, or relief from liability arising from community property law. Free federal and state tax filing for students You have an understated tax or underpaid tax. Free federal and state tax filing for students See Note later. Free federal and state tax filing for students You did not pay the tax. Free federal and state tax filing for students However, see Refunds , earlier, for exceptions. Free federal and state tax filing for students The IRS determines that it is unfair to hold you liable for the understated or underpaid tax taking into account all the facts and circumstances. Free federal and state tax filing for students You and your spouse (or former spouse) did not transfer assets to one another as a part of a fraudulent scheme. Free federal and state tax filing for students Your spouse (or former spouse) did not transfer property to you for the main purpose of avoiding tax or the payment of tax. Free federal and state tax filing for students You did not file or fail to file your return with the intent to commit fraud. Free federal and state tax filing for students The income tax liability for which you seek relief is attributable to your spouse (or former spouse) with whom you filed the joint return. Free federal and state tax filing for students For exceptions to this condition, see item (8) under Conditions for Getting Equitable Relief , earlier. Free federal and state tax filing for students You timely file Form 8857 as explained earlier in Exception for equitable relief under How To Request Relief. Free federal and state tax filing for students Note. Free federal and state tax filing for students Unlike innocent spouse relief or separation of liability relief, if you qualify for equitable relief, you can also get relief from an underpaid tax. Free federal and state tax filing for students (An underpaid tax is tax that is properly shown on the return, but has not been paid. Free federal and state tax filing for students ) Community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Free federal and state tax filing for students Generally, community property laws require you to allocate community income and expenses equally between both spouses. Free federal and state tax filing for students However, community property laws are not taken into account in determining whether an item belongs to you or to your spouse (or former spouse) for purposes of requesting any relief from liability. Free federal and state tax filing for students      File Form 8857, Request for Innocent Spouse Relief, to ask the IRS for relief. Free federal and state tax filing for students You must file an additional Form 8857 if you are requesting relief for more than three years. Free federal and state tax filing for students If you are requesting innocent spouse relief or separation of liability relief, file Form 8857 no later than two years after the date on which the IRS first began collection activities against you after July 22, 1998. Free federal and state tax filing for students If you are requesting equitable relief, see Exception for equitable relief. Free federal and state tax filing for students under How To Request Relief, earlier, for when to file Form 8857. Free federal and state tax filing for students If you are requesting relief from liability arising from community property law, see How and When To Request Relief under Community Property Laws, earlier, for when to file Form 8857. Free federal and state tax filing for students Use the address or fax number shown in the Instructions for Form 8857. Free federal and state tax filing for students File Form 8857 at the address or send it to the fax number shown in the Instructions for Form 8857. Free federal and state tax filing for students Do not file it with the employee assigned to examine your return. Free federal and state tax filing for students Generally, the IRS has 10 years to collect an amount you owe. Free federal and state tax filing for students This is the collection statute of limitations. Free federal and state tax filing for students By law, the IRS is not allowed to collect from you after the 10-year period ends. Free federal and state tax filing for students If you request relief for any tax year, the IRS cannot collect from you for that year while your request is pending. Free federal and state tax filing for students But interest and penalties continue to accrue. Free federal and state tax filing for students Your request is generally considered pending from the date the IRS receives your Form 8857 until the date your request is resolved. Free federal and state tax filing for students This includes the time the Tax Court is considering your request. Free federal and state tax filing for students After your case is resolved, the IRS can begin or resume collecting from you. Free federal and state tax filing for students The 10-year period will be increased by the amount of time your request for relief was pending plus 60 days. Free federal and state tax filing for students See Publication 594 for more information. Free federal and state tax filing for students Injured spouse relief is different from innocent spouse relief. Free federal and state tax filing for students When a joint return is filed and the refund is used to pay one spouse's past-due federal tax, state income tax, state unemployment compensation debts, child support, spousal support, or federal non-tax debt, such as a student loan, the other spouse may be considered an injured spouse. Free federal and state tax filing for students The injured spouse can get back his or her share of the joint overpayment using Form 8379, Injured Spouse Allocation. Free federal and state tax filing for students You are considered an injured spouse if: You are not legally obligated to pay the past-due amount, and You meet any of the following conditions: You made and reported tax payments (such as federal income tax withholding or estimated tax payments). Free federal and state tax filing for students You had earned income (such as wages, salaries, or self-employment income) and claimed the earned income credit or the additional child tax credit. Free federal and state tax filing for students You claimed a refundable tax credit, such as the health coverage tax credit or the refundable credit for prior year minimum tax. Free federal and state tax filing for students Note. Free federal and state tax filing for students If your residence was in a community property state at any time during the year, you may file Form 8379 even if only item (1) above applies. Free federal and state tax filing for students . Free federal and state tax filing for students How can I get relief from joint and several liability? There are three types of relief for filers of joint returns: “innocent spouse relief,” “separation of liability relief,” and “equitable relief. Free federal and state tax filing for students ” Each type has different requirements. Free federal and state tax filing for students They are explained separately below. Free federal and state tax filing for students To qualify for innocent spouse relief, you must meet all of the following conditions. Free federal and state tax filing for students You must have filed a joint return which has an understated tax. Free federal and state tax filing for students The understated tax must be due to erroneous items of your spouse (or former spouse). Free federal and state tax filing for students You must establish that at the time you signed the joint return, you did not know, and had no reason to know, that there was an understated tax. Free federal and state tax filing for students Taking into account all of the facts and circumstances, it would be unfair to hold you liable for the understated tax. Free federal and state tax filing for students You must request relief within 2 years after the date on which the IRS first began collection activity against you after July 22, 1998. Free federal and state tax filing for students Erroneous items are any deductions, credits, or bases that are incorrectly stated on the return, and any income that is not properly reported on the return. Free federal and state tax filing for students You have an understated tax if the IRS determined that your total tax should be more than the amount actually shown on your return. Free federal and state tax filing for students For example, you reported total tax on your 2008 return of $2,500. Free federal and state tax filing for students IRS determined in an audit of your 2008 return that the total tax should be $3,000. Free federal and state tax filing for students You have a $500 understated tax. Free federal and state tax filing for students No. Free federal and state tax filing for students There are many situations in which you may owe tax that is related to your spouse (or former spouse), but not be eligible for innocent spouse relief. Free federal and state tax filing for students For example, you and your spouse file a joint return on which you report $10,000 of income and deductions, but you knew that your spouse was not reporting $5,000 of dividends. Free federal and state tax filing for students You are not eligible for innocent spouse relief because you have knowledge of the understated tax. Free federal and state tax filing for students Under this type of relief, you allocate (separate) the understated tax (plus interest and penalties) on your joint return between you and your spouse (or former spouse). Free federal and state tax filing for students The understated tax allocated to you is generally the amount you are responsible for. Free federal and state tax filing for students To qualify for separation of liability relief, you must have filed a joint return and meet either of the following requirements at the time you file Form 8857. Free federal and state tax filing for students You are no longer married to, or are legally separated from, the spouse with whom you filed the joint return for which you are requesting relief. Free federal and state tax filing for students (Under this rule, you are no longer married if you are widowed. Free federal and state tax filing for students ) You were not a member of the same household as the spouse with whom you filed the joint return at any time during the 12-month period ending on the date you file Form 8857. Free federal and state tax filing for students In addition to the above requirements, you must file a Form 8857 within 2 years after the date on which the IRS first began collection activity against you after July 22, 1998. Free federal and state tax filing for students Even if you meet the requirements listed earlier, a request for separation of liability relief will not be granted in the following situations. Free federal and state tax filing for students The IRS proves that you and your spouse (or former spouse) transferred assets to one another as part of a fraudulent scheme. Free federal and state tax filing for students The IRS proves that at the time you signed your joint return, you had actual knowledge of any erroneous items giving rise to the deficiency that are allocable to your spouse (or former spouse). Free federal and state tax filing for students Your spouse (or former spouse) transferred property to you to avoid tax or the payment of tax. Free federal and state tax filing for students Equitable relief is only available if you meet all of the following conditions. Free federal and state tax filing for students You do not qualify for innocent spouse relief, separation of liability relief, or relief from liability arising from community property law. Free federal and state tax filing for students You have an understated tax or underpaid tax. Free federal and state tax filing for students See Note later. Free federal and state tax filing for students You did not pay the tax. Free federal and state tax filing for students However, see Refunds , earlier, for exceptions. Free federal and state tax filing for students The IRS determines that it is unfair to hold you liable for the understated or underpaid tax taking into account all the facts and circumstances. Free federal and state tax filing for students You and your spouse (or former spouse) did not transfer assets to one another as a part of a fraudulent scheme. Free federal and state tax filing for students Your spouse (or former spouse) did not transfer property to you for the main purpose of avoiding tax or the payment of tax. Free federal and state tax filing for students You did not file or fail to file your return with the intent to commit fraud. Free federal and state tax filing for students The income tax liability for which you seek relief is attributable to your spouse (or former spouse) with whom you filed the joint return. Free federal and state tax filing for students For exceptions to this condition, see item (8) under Conditions for Getting Equitable Relief , earlier. Free federal and state tax filing for students You timely file Form 8857 as explained earlier in Exception for equitable relief under How To Request Relief. Free federal and state tax filing for students Note. Free federal and state tax filing for students Unlike innocent spouse relief or separation of liability relief, if you qualify for equitable relief, you can also get relief from an underpaid tax. Free federal and state tax filing for students (An underpaid tax is tax that is properly shown on the return, but has not been paid. Free federal and state tax filing for students ) Community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Free federal and state tax filing for students Generally, community property laws require you to allocate community income and expenses equally between both spouses. Free federal and state tax filing for students However, community property laws are not taken into account in determining whether an item belongs to you or to your spouse (or former spouse) for purposes of requesting any relief from liability. Free federal and state tax filing for students      File Form 8857, Request for Innocent Spouse Relief, to ask the IRS for relief. Free federal and state tax filing for students You must file an additional Form 8857 if you are requesting relief for more than three years. Free federal and state tax filing for students If you are requesting innocent spouse relief or separation of liability relief, file Form 8857 no later than two years after the date on which the IRS first began collection activities against you after July 22, 1998. Free federal and state tax filing for students If you are requesting equitable relief, see Exception for equitable relief. Free federal and state tax filing for students under How To Request Relief, earlier, for when to file Form 8857. Free federal and state tax filing for students If you are requesting relief from liability arising from community property law, see How and When To Request Relief under Community Property Laws, earlier, for when to file Form 8857. Free federal and state tax filing for students Use the address or fax number shown in the Instructions for Form 8857. Free federal and state tax filing for students File Form 8857 at the address or send it to the fax number shown in the Instructions for Form 8857. Free federal and state tax filing for students Do not file it with the employee assigned to examine your return. Free federal and state tax filing for students Generally, the IRS has 10 years to collect an amount you owe. Free federal and state tax filing for students This is the collection statute of limitations. Free federal and state tax filing for students By law, the IRS is not allowed to collect from you after the 10-year period ends. Free federal and state tax filing for students If you request relief for any tax year, the IRS cannot collect from you for that year while your request is pending. Free federal and state tax filing for students But interest and penalties continue to accrue. Free federal and state tax filing for students Your request is generally considered pending from the date the IRS receives your Form 8857 until the date your request is resolved. Free federal and state tax filing for students This includes the time the Tax Court is considering your request. Free federal and state tax filing for students After your case is resolved, the IRS can begin or resume collecting from you. Free federal and state tax filing for students The 10-year period will be increased by the amount of time your request for relief was pending plus 60 days. Free federal and state tax filing for students See Publication 594 for more information. Free federal and state tax filing for students Injured spouse relief is different from innocent spouse relief. Free federal and state tax filing for students When a joint return is filed and the refund is used to pay one spouse's past-due federal tax, state income tax, state unemployment compensation debts, child support, spousal support, or federal non-tax debt, such as a student loan, the other spouse may be considered an injured spouse. Free federal and state tax filing for students The injured spouse can get back his or her share of the joint overpayment using Form 8379, Injured Spouse Allocation. Free federal and state tax filing for students You are considered an injured spouse if: You are not legally obligated to pay the past-due amount, and You meet any of the following conditions: You made and reported tax payments (such as federal income tax withholding or estimated tax payments). Free federal and state tax filing for students You had earned income (such as wages, salaries, or self-employment income) and claimed the earned income credit or the additional child tax credit. Free federal and state tax filing for students You claimed a refundable tax credit, such as the health coverage tax credit or the refundable credit for prior year minimum tax. Free federal and state tax filing for students Note. Free federal and state tax filing for students If your residence was in a community property state at any time during the year, you may file Form 8379 even if only item (1) above applies. Free federal and state tax filing for students . Free federal and state tax filing for students What are the rules for innocent spouse relief? To qualify for innocent spouse relief, you must meet all of the following conditions. Free federal and state tax filing for students You must have filed a joint return which has an understated tax. Free federal and state tax filing for students The understated tax must be due to erroneous items of your spouse (or former spouse). Free federal and state tax filing for students You must establish that at the time you signed the joint return, you did not know, and had no reason to know, that there was an understated tax. Free federal and state tax filing for students Taking into account all of the facts and circumstances, it would be unfair to hold you liable for the understated tax. Free federal and state tax filing for students You must request relief within 2 years after the date on which the IRS first began collection activity against you after July 22, 1998. Free federal and state tax filing for students Erroneous items are any deductions, credits, or bases that are incorrectly stated on the return, and any income that is not properly reported on the return. Free federal and state tax filing for students You have an understated tax if the IRS determined that your total tax should be more than the amount actually shown on your return. Free federal and state tax filing for students For example, you reported total tax on your 2008 return of $2,500. Free federal and state tax filing for students IRS determined in an audit of your 2008 return that the total tax should be $3,000. Free federal and state tax filing for students You have a $500 understated tax. Free federal and state tax filing for students No. Free federal and state tax filing for students There are many situations in which you may owe tax that is related to your spouse (or former spouse), but not be eligible for innocent spouse relief. Free federal and state tax filing for students For example, you and your spouse file a joint return on which you report $10,000 of income and deductions, but you knew that your spouse was not reporting $5,000 of dividends. Free federal and state tax filing for students You are not eligible for innocent spouse relief because you have knowledge of the understated tax. Free federal and state tax filing for students Under this type of relief, you allocate (separate) the understated tax (plus interest and penalties) on your joint return between you and your spouse (or former spouse). Free federal and state tax filing for students The understated tax allocated to you is generally the amount you are responsible for. Free federal and state tax filing for students To qualify for separation of liability relief, you must have filed a joint return and meet either of the following requirements at the time you file Form 8857. Free federal and state tax filing for students You are no longer married to, or are legally separated from, the spouse with whom you filed the joint return for which you are requesting relief. Free federal and state tax filing for students (Under this rule, you are no longer married if you are widowed. Free federal and state tax filing for students ) You were not a member of the same household as the spouse with whom you filed the joint return at any time during the 12-month period ending on the date you file Form 8857. Free federal and state tax filing for students In addition to the above requirements, you must file a Form 8857 within 2 years after the date on which the IRS first began collection activity against you after July 22, 1998. Free federal and state tax filing for students Even if you meet the requirements listed earlier, a request for separation of liability relief will not be granted in the following situations. Free federal and state tax filing for students The IRS proves that you and your spouse (or former spouse) transferred assets to one another as part of a fraudulent scheme. Free federal and state tax filing for students The IRS proves that at the time you signed your joint return, you had actual knowledge of any erroneous items giving rise to the deficiency that are allocable to your spouse (or former spouse). Free federal and state tax filing for students Your spouse (or former spouse) transferred property to you to avoid tax or the payment of tax. Free federal and state tax filing for students Equitable relief is only available if you meet all of the following conditions. Free federal and state tax filing for students You do not qualify for innocent spouse relief, separation of liability relief, or relief from liability arising from community property law. Free federal and state tax filing for students You have an understated tax or underpaid tax. Free federal and state tax filing for students See Note later. Free federal and state tax filing for students You did not pay the tax. Free federal and state tax filing for students However, see Refunds , earlier, for exceptions. Free federal and state tax filing for students The IRS determines that it is unfair to hold you liable for the understated or underpaid tax taking into account all the facts and circumstances. Free federal and state tax filing for students You and your spouse (or former spouse) did not transfer assets to one another as a part of a fraudulent scheme. Free federal and state tax filing for students Your spouse (or former spouse) did not transfer property to you for the main purpose of avoiding tax or the payment of tax. Free federal and state tax filing for students You did not file or fail to file your return with the intent to commit fraud. Free federal and state tax filing for students The income tax liability for which you seek relief is attributable to your spouse (or former spouse) with whom you filed the joint return. Free federal and state tax filing for students For exceptions to this condition, see item (8) under Conditions for Getting Equitable Relief , earlier. Free federal and state tax filing for students You timely file Form 8857 as explained earlier in Exception for equitable relief under How To Request Relief. Free federal and state tax filing for students Note. Free federal and state tax filing for students Unlike innocent spouse relief or separation of liability relief, if you qualify for equitable relief, you can also get relief from an underpaid tax. Free federal and state tax filing for students (An underpaid tax is tax that is properly shown on the return, but has not been paid. Free federal and state tax filing for students ) Community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Free federal and state tax filing for students Generally, community property laws require you to allocate community income and expenses equally between both spouses. Free federal and state tax filing for students However, community property laws are not taken into account in determining whether an item belongs to you or to your spouse (or former spouse) for purposes of requesting any relief from liability. Free federal and state tax filing for students      File Form 8857, Request for Innocent Spouse Relief, to ask the IRS for relief. Free federal and state tax filing for students You must file an additional Form 8857 if you are requesting relief for more than three years. Free federal and state tax filing for students If you are requesting innocent spouse relief or separation of liability relief, file Form 8857 no later than two years after the date on which the IRS first began collection activities against you after July 22, 1998. Free federal and state tax filing for students If you are requesting equitable relief, see Exception for equitable relief. Free federal and state tax filing for students under How To Request Relief, earlier, for when to file Form 8857. Free federal and state tax filing for students If you are requesting relief from liability arising from community property law, see How and When To Request Relief under Community Property Laws, earlier, for when to file Form 8857. Free federal and state tax filing for students Use the address or fax number shown in the Instructions for Form 8857. Free federal and state tax filing for students File Form 8857 at the address or send it to the fax number shown in the Instructions for Form 8857. Free federal and state tax filing for students Do not file it with the employee assigned to examine your return. Free federal and state tax filing for students Generally, the IRS has 10 years to collect an amount you owe. Free federal and state tax filing for students This is the collection statute of limitations. Free federal and state tax filing for students By law, the IRS is not allowed to collect from you after the 10-year period ends. Free federal and state tax filing for students If you request relief for any tax year, the IRS cannot collect from you for that year while your request is pending. Free federal and state tax filing for students But interest and penalties continue to accrue. Free federal and state tax filing for students Your request is generally considered pending from the date the IRS receives your Form 8857 until the date your request is resolved. Free federal and state tax filing for students This includes the time the Tax Court is considering your request. Free federal and state tax filing for students After your case is resolved, the IRS can begin or resume collecting from you. Free federal and state tax filing for students The 10-year period will be increased by the amount of time your request for relief was pending plus 60 days. Free federal and state tax filing for students See Publication 594 for more information. Free federal and state tax filing for students Injured spouse relief is different from innocent spouse relief. Free federal and state tax filing for students When a joint return is filed and the refund is used to pay one spouse's past-due federal tax, state income tax, state unemployment compensation debts, child support, spousal support, or federal non-tax debt, such as a student loan, the other spouse may be considered an injured spouse. Free federal and state tax filing for students The injured spouse can get back his or her share of the joint overpayment using Form 8379, Injured Spouse Allocation. Free federal and state tax filing for students You are considered an injured spouse if: You are not legally obligated to pay the past-due amount, and You meet any of the following conditions: You made and reported tax payments (such as federal income tax withholding or estimated tax payments). Free federal and state tax filing for students You had earned income (such as wages, salaries, or self-employment income) and claimed the earned income credit or the additional child tax credit. Free federal and state tax filing for students You claimed a refundable tax credit, such as the health coverage tax credit or the refundable credit for prior year minimum tax. Free federal and state tax filing for students Note. Free federal and state tax filing for students If your residence was in a community property state at any time during the year, you may file Form 8379 even if only item (1) above applies. Free federal and state tax filing for students . Free federal and state tax filing for students What are “erroneous items”? Erroneous items are any deductions, credits, or bases that are incorrectly stated on the return, and any income that is not properly reported on the return. Free federal and state tax filing for students You have an understated tax if the IRS determined that your total tax should be more than the amount actually shown on your return. Free federal and state tax filing for students For example, you reported total tax on your 2008 return of $2,500. Free federal and state tax filing for students IRS determined in an audit of your 2008 return that the total tax should be $3,000. Free federal and state tax filing for students You have a $500 understated tax. Free federal and state tax filing for students No. Free federal and state tax filing for students There are many situations in which you may owe tax that is related to your spouse (or former spouse), but not be eligible for innocent spouse relief. Free federal and state tax filing for students For example, you and your spouse file a joint return on which you report $10,000 of income and deductions, but you knew that your spouse was not reporting $5,000 of dividends. Free federal and state tax filing for students You are not eligible for innocent spouse relief because you have knowledge of the understated tax. Free federal and state tax filing for students Under this type of relief, you allocate (separate) the understated tax (plus interest and penalties) on your joint return between you and your spouse (or former spouse). Free federal and state tax filing for students The understated tax allocated to you is generally the amount you are responsible for. Free federal and state tax filing for students To qualify for separation of liability relief, you must have filed a joint return and meet either of the following requirements at the time you file Form 8857. Free federal and state tax filing for students You are no longer married to, or are legally separated from, the spouse with whom you filed the joint return for which you are requesting relief. Free federal and state tax filing for students (Under this rule, you are no longer married if you are widowed. Free federal and state tax filing for students ) You were not a member of the same household as the spouse with whom you filed the joint return at any time during the 12-month period ending on the date you file Form 8857. Free federal and state tax filing for students In addition to the above requirements, you must file a Form 8857 within 2 years after the date on which the IRS first began collection activity against you after July 22, 1998. Free federal and state tax filing for students Even if you meet the requirements listed earlier, a request for separation of liability relief will not be granted in the following situations. Free federal and state tax filing for students The IRS proves that you and your spouse (or former spouse) transferred assets to one another as part of a fraudulent scheme. Free federal and state tax filing for students The IRS proves that at the time you signed your joint return, you had actual knowledge of any erroneous items giving rise to the deficiency that are allocable to your spouse (or former spouse). Free federal and state tax filing for students Your spouse (or former spouse) transferred property to you to avoid tax or the payment of tax. Free federal and state tax filing for students Equitable relief is only available if you meet all of the following conditions. Free federal and state tax filing for students You do not qualify for innocent spouse relief, separation of liability relief, or relief from liability arising from community property law. Free federal and state tax filing for students You have an understated tax or underpaid tax. Free federal and state tax filing for students See Note later. Free federal and state tax filing for students You did not pay the tax. Free federal and state tax filing for students However, see Refunds , earlier, for exceptions. Free federal and state tax filing for students The IRS determines that it is unfair to hold you liable for the understated or underpaid tax taking into account all the facts and circumstances. Free federal and state tax filing for students You and your spouse (or former spouse) did not transfer assets to one another as a part of a fraudulent scheme. Free federal and state tax filing for students Your spouse (or former spouse) did not transfer property to you for the main purpose of avoiding tax or the payment of tax. Free federal and state tax filing for students You did not file or fail to file your return with the intent to commit fraud. Free federal and state tax filing for students The income tax liability for which you seek relief is attributable to your spouse (or former spouse) with whom you filed the joint return. Free federal and state tax filing for students For exceptions to this condition, see item (8) under Conditions for Getting Equitable Relief , earlier. Free federal and state tax filing for students You timely file Form 8857 as explained earlier in Exception for equitable relief under How To Request Relief. Free federal and state tax filing for students Note. Free federal and state tax filing for students Unlike innocent spouse relief or separation of liability relief, if you qualify for equitable relief, you can also get relief from an underpaid tax. Free federal and state tax filing for students (An underpaid tax is tax that is properly shown on the return, but has not been paid. Free federal and state tax filing for students ) Community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Free federal and state tax filing for students Generally, community property laws require you to allocate community income and expenses equally between both spouses. Free federal and state tax filing for students However, community property laws are not taken into account in determining whether an item belongs to you or to your spouse (or former spouse) for purposes of requesting any relief from liability. Free federal and state tax filing for students      File Form 8857, Request for Innocent Spouse Relief, to ask the IRS for relief. Free federal and state tax filing for students You must file an additional Form 8857 if you are requesting relief for more than three years. Free federal and state tax filing for students If you are requesting innocent spouse relief or separation of liability relief, file Form 8857 no later than two years after the date on which the IRS first began collection activities against you after July 22, 1998. Free federal and state tax filing for students If you are requesting equitable relief, see Exception for equitable relief. Free federal and state tax filing for students under How To Request Relief, earlier, for when to file Form 8857. Free federal and state tax filing for students If you are requesting relief from liability arising from community property law, see How and When To Request Relief under Community Property Laws, earlier, for when to file Form 8857. Free federal and state tax filing for students Use the address or fax number shown in the Instructions for Form 8857. Free federal and state tax filing for students File Form 8857 at the address or send it to the fax number shown in the Instructions for Form 8857. Free federal and state tax filing for students Do not file it with the employee assigned to examine your return. Free federal and state tax filing for students Generally, the IRS has 10 years to collect an amount you owe. Free federal and state tax filing for students This is the collection statute of limitations. Free federal and state tax filing for students By law, the IRS is not allowed to collect from you after the 10-year period ends. Free federal and state tax filing for students If you request relief for any tax year, the IRS cannot collect from you for that year while your request is pending. Free federal and state tax filing for students But interest and penalties continue to accrue. Free federal and state tax filing for students Your request is generally considered pending from the date the IRS receives your Form 8857 until the date your request is resolved. Free federal and state tax filing for students This includes the time the Tax Court is considering your request. Free federal and state tax filing for students After your case is resolved, the IRS can begin or resume collecting from you. Free federal and state tax filing for students The 10-year period will be increased by the amount of time your request for relief was pending plus 60 days. Free federal and state tax filing for students See Publication 594 for more information. Free federal and state tax filing for students Injured spouse relief is different from innocent spouse relief. Free federal and state tax filing for students When a joint return is filed and the refund is used to pay one spouse's past-due federal tax, state income tax, state unemployment compensation debts, child support, spousal support, or federal non-tax debt, such as a student loan, the other spouse may be considered an injured spouse. Free federal and state tax filing for students The injured spouse can get back his or her share of the joint overpayment using Form 8379, Injured Spouse Allocation. Free federal and state tax filing for students You are considered an injured spouse if: You are not legally obligated to pay the past-due amount, and You meet any of the following conditions: You made and reported tax payments (such as federal income tax withholding or estimated tax payments). Free federal and state tax filing for students You had earned income (such as wages, salaries, or self-employment income) and claimed the earned income credit or the additional child tax credit. Free federal and state tax filing for students You claimed a refundable tax credit, such as the health coverage tax credit or the refundable credit for prior year minimum tax. Free federal and state tax filing for students Note. Free federal and state tax filing for students If your residence was in a community property state at any time during the year, you may file Form 8379 even if only item (1) above applies. Free federal and state tax filing for students . Free federal and state tax filing for students What is an “understated tax”? You have an understated tax if the IRS determined that your total tax should be more than the amount actually shown on your return. Free federal and state tax filing for students For example, you reported total tax on your 2008 return of $2,500. Free federal and state tax filing for students IRS determined in an audit of your 2008 return that the total tax should be $3,000. Free federal and state tax filing for students You have a $500 understated tax. Free federal and state tax filing for students No. Free federal and state tax filing for students There are many situations in which you may owe tax that is related to your spouse (or former spouse), but not be eligible for innocent spouse relief. Free federal and state tax filing for students For example, you and your spouse file a joint return on which you report $10,000 of income and deductions, but you knew that your spouse was not reporting $5,000 of dividends. Free federal and state tax filing for students You are not eligible for innocent spouse relief because you have knowledge of the understated tax. Free federal and state tax filing for students Under this type of relief, you allocate (separate) the understated tax (plus interest and penalties) on your joint return between you and your spouse (or former spouse). Free federal and state tax filing for students The understated tax allocated to you is generally the amount you are responsible for. Free federal and state tax filing for students To qualify for separation of liability relief, you must have filed a joint return and meet either of the following requirements at the time you file Form 8857. Free federal and state tax filing for students You are no longer married to, or are legally separated from, the spouse with whom you filed the joint return for which you are requesting relief. Free federal and state tax filing for students (Under this rule, you are no longer married if you are widowed. Free federal and state tax filing for students ) You were not a member of the same household as the spouse with whom you filed the joint return at any time during the 12-month period ending on the date you file Form 8857. Free federal and state tax filing for students In addition to the above requirements, you must file a Form 8857 within 2 years after the date on which the IRS first began collection activity against you after July 22, 1998. Free federal and state tax filing for students Even if you meet the requirements listed earlier, a request for separation of liability relief will not be granted in the following situations. Free federal and state tax filing for students The IRS proves that you and your spouse (or former spouse) transferred assets to one another as part of a fraudulent scheme. Free federal and state tax filing for students The IRS proves that at the time you signed your joint return, you had actual knowledge of any erroneous items giving rise to the deficiency that are allocable to your spouse (or former spouse). Free federal and state tax filing for students Your spouse (or former spouse) transferred property to you to avoid tax or the payment of tax. Free federal and state tax filing for students Equitable relief is only available if you meet all of the following conditions. Free federal and state tax filing for students You do not qualify for innocent spouse relief, separation of liability relief, or relief from liability arising from community property law. Free federal and state tax filing for students You have an understated tax or underpaid tax. Free federal and state tax filing for students See Note later. Free federal and state tax filing for students You did not pay the tax. Free federal and state tax filing for students However, see Refunds , earlier, for exceptions. Free federal and state tax filing for students The IRS determines that it is unfair to hold you liable for the understated or underpaid tax taking into account all the facts and circumstances. Free federal and state tax filing for students You and your spouse (or former spouse) did not transfer assets to one another as a part of a fraudulent scheme. Free federal and state tax filing for students Your spouse (or former spouse) did not transfer property to you for the main purpose of avoiding tax or the payment of tax. Free federal and state tax filing for students You did not file or fail to file your return with the intent to commit fraud. Free federal and state tax filing for students The income tax liability for which you seek relief is attributable to your spouse (or former spouse) with whom you filed the joint return. Free federal and state tax filing for students For exceptions to this condition, see item (8) under Conditions for Getting Equitable Relief , earlier. Free federal and state tax filing for students You timely file Form 8857 as explained earlier in Exception for equitable relief under How To Request Relief. Free federal and state tax filing for students Note. Free federal and state tax filing for students Unlike innocent spouse relief or separation of liability relief, if you qualify for equitable relief, you can also get relief from an underpaid tax. Free federal and state tax filing for students (An underpaid tax is tax that is properly shown on the return, but has not been paid. Free federal and state tax filing for students ) Community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Free federal and state tax filing for students Generally, community property laws require you to allocate community income and expenses equally between both spouses. Free federal and state tax filing for students However, community property laws are not taken into account in determining whether an item belongs to you or to your spouse (or former spouse) for purposes of requesting any relief from liability. Free federal and state tax filing for students      File Form 8857, Request for Innocent Spouse Relief, to ask the IRS for relief. Free federal and state tax filing for students You must file an additional Form 8857 if you are requesting relief for more than three years. Free federal and state tax filing for students If you are requesting innocent spouse relief or separation of liability relief, file Form 8857 no later than two years after the date on which the IRS first began collection activities against you after July 22, 1998. Free federal and state tax filing for students If you are requesting equitable relief, see Exception for equitable relief. Free federal and state tax filing for students under How To Request Relief, earlier, for when to file Form 8857. Free federal and state tax filing for students If you are requesting relief from liability arising from community property law, see How and When To Request Relief under Community Property Laws, earlier, for when to file Form 8857. Free federal and state tax filing for students Use the address or fax number shown in the Instructions for Form 8857. Free federal and state tax filing for students File Form 8857 at the address or send it to the fax number shown in the Instructions for Form 8857. Free federal and state tax filing for students Do not file it with the employee assigned to examine your return. Free federal and state tax filing for students Generally, the IRS has 10 years to collect an amount you owe. Free federal and state tax filing for students This is the collection statute of limitations. Free federal and state tax filing for students By law, the IRS is not allowed to collect from you after the 10-year period ends. Free federal and state tax filing for students If you request relief for any tax year, the IRS cannot collect from you for that year while your request is pending. Free federal and state tax filing for students But interest and penalties continue to accrue. Free federal and state tax filing for students Your request is generally considered pending from the date the IRS receives your Form 8857 until the date your request is resolved. Free federal and state tax filing for students This includes the time the Tax Court is considering your request. Free federal and state tax filing for students After your case is resolved, the IRS can begin or resume collecting from you. Free federal and state tax filing for students The 10-year period will be increased by the amount of time your request for relief was pending plus 60 days. Free federal and state tax filing for students See Publication 594 for more information. Free federal and state tax filing for students Injured spouse relief is different from innocent spouse relief. Free federal and state tax filing for students When a joint return is filed and the refund is used to pay one spouse's past-due federal tax, state income tax, state unemployment compensation debts, child support, spousal support, or federal non-tax debt, such as a student loan, the other spouse may be considered an injured spouse. Free federal and state tax filing for students The injured spouse can get back his or her share of the joint overpayment using Form 8379, Injured Spouse Allocation. Free federal and state tax filing for students You are considered an injured spouse if: You are not legally obligated to pay the past-due amount, and You meet any of the following conditions: You made and reported tax payments (such as federal income tax withholding or estimated tax payments). Free federal and state tax filing for students You had earned income (such as wages, salaries, or self-employment income) and claimed the earned income credit or the additional child tax credit. Free federal and state tax filing for students You claimed a refundable tax credit, such as the health coverage tax credit or the refundable credit for prior year minimum tax. Free federal and state tax filing for students Note. Free federal and state tax filing for students If your residence was in a community property state at any time during the year, you may file Form 8379 even if only item (1) above applies. Free federal and state tax filing for students . Free federal and state tax filing for students Will I qualify for innocent spouse relief in any situation where there is an understated tax? No. Free federal and state tax filing for students There are many situations in which you may owe tax that is related to your spouse (or former spouse), but not be eligible for innocent spouse relief. Free federal and state tax filing for students For example, you and your spouse file a joint return on which you report $10,000 of income and deductions, but you knew that your spouse was not reporting $5,000 of dividends. Free federal and state tax filing for students You are not eligible for innocent spouse relief because you have knowledge of the understated tax. Free federal and state tax filing for students Under this type of relief, you allocate (separate) the understated tax (plus interest and penalties) on your joint return between you and your spouse (or former spouse). Free federal and state tax filing for students The understated tax allocated to you is generally the amount you are responsible for. Free federal and state tax filing for students To qualify for separation of liability relief, you must have filed a joint return and meet either of the following requirements at the time you file Form 8857. Free federal and state tax filing for students You are no longer married to, or are legally separated from, the spouse with whom you filed the joint return for which you are requesting relief. Free federal and state tax filing for students (Under this rule, you are no longer married if you are widowed. Free federal and state tax filing for students ) You were not a member of the same household as the spouse with whom you filed the joint return at any time during the 12-month period ending on the date you file Form 8857. Free federal and state tax filing for students In addition to the above requirements, you must file a Form 8857 within 2 years after the date on which the IRS first began collection activity against you after July 22, 1998. Free federal and state tax filing for students Even if you meet the requirements listed earlier, a request for separation of liability relief will not be granted in the following situations. Free federal and state tax filing for students The IRS proves that you and your spouse (or former spouse) transferred assets to one another as part of a fraudulent scheme. Free federal and state tax filing for students The IRS proves that at the time you signed your joint return, you had actual knowledge of any erroneous items giving rise to the deficiency that are allocable to your spouse (or former spouse). Free federal and state tax filing for students Your spouse (or former spouse) transferred property to you to avoid tax or the payment of tax. Free federal and state tax filing for students Equitable relief is only available if you meet all of the following conditions. Free federal and state tax filing for students You do not qualify for innocent spouse relief, separation of liability relief, or relief from liability arising from community property law. Free federal and state tax filing for students You have an understated tax or underpaid tax. Free federal and state tax filing for students See Note later. Free federal and state tax filing for students You did not pay the tax. Free federal and state tax filing for students However, see Refunds , earlier, for exceptions. Free federal and state tax filing for students The IRS determines that it is unfair to hold you liable for the understated or underpaid tax taking into account all the facts and circumstances. Free federal and state tax filing for students You and your spouse (or former spouse) did not transfer assets to one another as a part of a fraudulent scheme. Free federal and state tax filing for students Your spouse (or former spouse) did not transfer property to you for the main purpose of avoiding tax or the payment of tax. Free federal and state tax filing for students You did not file or fail to file your return with the intent to commit fraud. Free federal and state tax filing for students The income tax liability for which you seek relief is attributable to your spouse (or former spouse) with whom you filed the joint return. Free federal and state tax filing for students For exceptions to this condition, see item (8) under Conditions for Getting Equitable Relief , earlier. Free federal and state tax filing for students You timely file Form 8857 as explained earlier in Exception for equitable relief under How To Request Relief. Free federal and state tax filing for students Note. Free federal and state tax filing for students Unlike innocent spouse relief or separation of liability relief, if you qualify for equitable relief, you can also get relief from an underpaid tax. Free federal and state tax filing for students (An underpaid tax is tax that is properly shown on the return, but has not been paid. Free federal and state tax filing for students ) Community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Free federal and state tax filing for students Generally, community property laws require you to allocate community income and expenses equally between both spouses. Free federal and state tax filing for students However, community property laws are not taken into account in determining whether an item belongs to you or to your spouse (or former spouse) for purposes of requesting any relief from liability. Free federal and state tax filing for students      File Form 8857, Request for Innocent Spouse Relief, to ask the IRS for relief. Free federal and state tax filing for students You must file an additional Form 8857 if you are requesting relief for more than three years. Free federal and state tax filing for students If you are requesting innocent spouse relief or separation of liability relief, file Form 8857 no later than two years after the date on which the IRS first began collection activities against you after July 22, 1998. Free federal and state tax filing for students If you are requesting equitable relief, see Exception for equitable relief. Free federal and state tax filing for students under How To Request Relief, earlier, for when to file Form 8857. Free federal and state tax filing for students If you are requesting relief from liability arising from community property law, see How and When To Request Relief under Community Property Laws, earlier, for when to file Form 8857. Free federal and state tax filing for students Use the address or fax number shown in the Instructions for Form 8857. Free federal and state tax filing for students File Form 8857 at the address or send it to the fax number shown in the Instructions for Form 8857. Free federal and state tax filing for students Do not file it with the employee assigned to examine your return. Free federal and state tax filing for students Generally, the IRS has 10 years to collect an amount you owe. Free federal and state tax filing for students This is the collection statute of limitations. Free federal and state tax filing for students By law, the IRS is not allowed to collect from you after the 10-year period ends. Free federal and state tax filing for students If you request relief for any tax year, the IRS cannot collect from you for that year while your request is pending. Free federal and state tax filing for students But interest and penalties continue to accrue. Free federal and state tax filing for students Your request is generally considered pending from the date the IRS receives your Form 8857 until the date your request is resolved. Free federal and state tax filing for students This includes the time the Tax Court is considering your request. Free federal and state tax filing for students After your case is resolved, the IRS can begin or resume collecting from you. Free federal and state tax filing for students The 10-year period will be increased by the amount of time your request for relief was pending plus 60 days. Free federal and state tax filing for students See Publication 594 for more information. Free federal and state tax filing for students Injured spouse relief is different from innocent spouse relief. Free federal and state tax filing for students When a joint return is filed and the refund is used to pay one spouse's past-due federal tax, state income tax, state unemployment compensation debts, child support, spousal support, or federal non-tax debt, such as a student loan, the other spouse may be considered an injured spouse. Free federal and state tax filing for students The injured spouse can get back his or her share of the joint overpayment using Form 8379, Injured Spouse Allocation. Free federal and state tax filing for students You are considered an injured spouse if: You are not legally obligated to pay the past-due amount, and You meet any of the following conditions: You made and reported tax payments (such as federal income tax withholding or estimated tax payments). Free federal and state tax filing for students You had earned income (such as wages, salaries, or self-employment income) and claimed the earned income credit or the additional child tax credit. Free federal and state tax filing for students You claimed a refundable tax credit, such as the health coverage tax credit or the refundable credit for prior year minimum tax. Free federal and state tax filing for students Note. Free federal and state tax filing for students If your residence was in a community property state at any time during the year, you may file Form 8379 even if only item (1) above applies. Free federal and state tax filing for students . Free federal and state tax filing for students What are the rules for separation of liability relief? Under this type of relief, you allocate (separate) the understated tax (plus interest and penalties) on your joint return between you and your spouse (or former spouse). Free federal and state tax filing for students The understated tax allocated to you is generally the amount you are responsible for. Free federal and state tax filing for students To qualify for separation of liability relief, you must have filed a joint return and meet either of the following requirements at the time you file Form 8857. Free federal and state tax filing for students You are no longer married to, or are legally separated from, the spouse with whom you filed the joint return for which you are requesting relief. Free federal and state tax filing for students (Under this rule, you are no longer married if you are widowed. Free federal and state tax filing for students ) You were not a member of the same household as the spouse with whom you filed the joint return at any time during the 12-month period ending on the date you file Form 8857. Free federal and state tax filing for students In addition to the above requirements, you must file a Form 8857 within 2 years after the date on which the IRS first began collection activity against you after July 22, 1998. Free federal and state tax filing for students Even if you meet the requirements listed earlier, a request for separation of liability relief will not be granted in the following situations. Free federal and state tax filing for students The IRS proves that you and your spouse (or former spouse) transferred assets to one another as part of a fraudulent scheme. Free federal and state tax filing for students The IRS proves that at the time you signed your joint return, you had actual knowledge of any erroneous items giving rise to the deficiency that are allocable to your spouse (or former spouse). Free federal and state tax filing for students Your spouse (or former spouse) transferred property to you to avoid tax or the payment of tax. Free federal and state tax filing for students Equitable relief is only available if you meet all of the following conditions. Free federal and state tax filing for students You do not qualify for innocent spouse relief, separation of liability relief, or relief from liability arising from community property law. Free federal and state tax filing for students You have an understated tax or underpaid tax. Free federal and state tax filing for students See Note later. Free federal and state tax filing for students You did not pay the tax. Free federal and state tax filing for students However, see Refunds , earlier, for exceptions. Free federal and state tax filing for students The IRS determines that it is unfair to hold you liable for the understated or underpaid tax taking into account all the facts and circumstances. Free federal and state tax filing for students You and your spouse (or former spouse) did not transfer assets to one another as a part of a fraudulent scheme. Free federal and state tax filing for students Your spouse (or former spouse) did not transfer property to you for the main purpose of avoiding tax or the payment of tax. Free federal and state tax filing for students You did not file or fail to file your return with the intent to commit fraud. Free federal and state tax filing for students The income tax liability for which you seek relief is attributable to your spouse (or former spouse) with whom you filed the joint return. Free federal and state tax filing for students For exceptions to this condition, see item (8) under Conditions for Getting Equitable Relief , earlier. Free federal and state tax filing for students You timely file Form 8857 as explained earlier in Exception for equitable relief under How To Request Relief. Free federal and state tax filing for students Note. Free federal and state tax filing for students Unlike innocent spouse relief or separation of liability relief, if you qualify for equitable relief, you can also get relief from an underpaid tax. Free federal and state tax filing for students (An underpaid tax is tax that is properly shown on the return, but has not been paid. Free federal and state tax filing for students ) Community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Free federal and state tax filing for students Generally, community property laws require you to allocate community income and expenses equally between both spouses. Free federal and state tax filing for students However, community property laws are not taken into account in determining whether an item belongs to you or to your spouse (or former spouse) for purposes of requesting any relief from liability. Free federal and state tax filing for students      File Form 8857, Request for Innocent Spouse Relief, to ask the IRS for relief. Free federal and state tax filing for students You must file an additional Form 8857 if you are requesting relief for more than three years. Free federal and state tax filing for students If you are requesting innocent spouse relief or separation of liability relief, file Form 8857 no later than two years after the date on which the IRS first began collection activities against you after July 22, 1998. Free federal and state tax filing for students If you are requesting equitable relief, see Exception for equitable relief. Free federal and state tax filing for students under How To Request Relief, earlier, for when to file Form 8857. Free federal and state tax filing for students If you are requesting relief from liability arising from community property law, see How and When To Request Relief under Community Property Laws, earlier, for when to file Form 8857. Free federal and state tax filing for students Use the address or fax number shown in the Instructions for Form 8857. Free federal and state tax filing for students File Form 8857 at the address or send it to the fax number shown in the Instructions for Form 8857. Free federal and state tax filing for students Do not file it with the employee assigned to examine your return. Free federal and state tax filing for students Generally, the IRS has 10 years to collect an amount you owe. Free federal and state tax filing for students This is the collection statute of limitations. Free federal and state tax filing for students By law, the IRS is not allowed to collect from you after the 10-year period ends. Free federal and state tax filing for students If you request relief for any tax year, the IRS cannot collect from you for that year while your request is pending. Free federal and state tax filing for students But interest and penalties continue to accrue. Free federal and state tax filing for students Your request is generally considered pending from the date the IRS receives your Form 8857 until the date your request is resolved. Free federal and state tax filing for students This includes the time the Tax Court is considering your request. Free federal and state tax filing for students After your case is resolved, the IRS can begin or resume collecting from you. Free federal and state tax filing for students The 10-year period will be increased by the amount of time your request for relief was pending plus 60 days. Free federal and state tax filing for students See Publication 594 for more information. Free federal and state tax filing for students Injured spouse relief is different from innocent spouse relief. Free federal and state tax filing for students When a joint return is filed and the refund is used to pay one spouse's past-due federal tax, state income tax, state unemployment compensation debts, child support, spousal support, or federal non-tax debt, such as a student loan, the other spouse may be considered an injured spouse. Free federal and state tax filing for students The injured spouse can get back his or her share of the joint overpayment using Form 8379, Injured Spouse Allocation. Free federal and state tax filing for students You are considered an injured spouse if: You are not legally obligated to pay the past-due amount, and You meet any of the following conditions: You made and reported tax payments (such as federal income tax withholding or estimated tax payments). Free federal and state tax filing for students You had earned income (such as wages, salaries, or self-employment income) and claimed the earned income credit or the additional child tax credit. Free federal and state tax filing for students You claimed a refundable tax credit, such as the health coverage tax credit or the refundable credit for prior year minimum tax. Free federal and state tax filing for students Note. Free federal and state tax filing for students If your residence was in a community property state at any time during the year, you may file Form 8379 even if only item (1) above applies. Free federal and state tax filing for students . Free federal and state tax filing for students Why would a request for separation of liability relief be denied? Even if you meet the requirements listed earlier, a request for separation of liability relief will not be granted in the following situations. Free federal and state tax filing for students The IRS proves that you and your spouse (or former spouse) transferred assets to one another as part of a fraudulent scheme. Free federal and state tax filing for students The IRS proves that at the time you signed your joint return, you had actual knowledge of any erroneous items giving rise to the deficiency that are allocable to your spouse (or former spouse). Free federal and state tax filing for students Your spouse (or former spouse) transferred property to you to avoid tax or the payment of tax. Free federal and state tax filing for students Equitable relief is only available if you meet all of the following conditions. Free federal and state tax filing for students You do not qualify for innocent spouse relief, separation of liability relief, or relief from liability arising from community property law. Free federal and state tax filing for students You have an understated tax or underpaid tax. Free federal and state tax filing for students See Note later. Free federal and state tax filing for students You did not pay the tax. Free federal and state tax filing for students However, see Refunds , earlier, for exceptions. Free federal and state tax filing for students The IRS determines that it is unfair to hold you liable for the understated or underpaid tax taking into account all the facts and circumstances. Free federal and state tax filing for students You and your spouse (or former spouse) did not transfer assets to one another as a part of a fraudulent scheme. Free federal and state tax filing for students Your spouse (or former spouse) did not transfer property to you for the main purpose of avoiding tax or the payment of tax. Free federal and state tax filing for students You did not file or fail to file your return with the intent to commit fraud. Free federal and state tax filing for students The income tax liability for which you seek relief is attributable to your spouse (or former spouse) with whom you filed the joint return. Free federal and state tax filing for students For exceptions to this condition, see item (8) under Conditions for Getting Equitable Relief , earlier. Free federal and state tax filing for students You timely file Form 8857 as explained earlier in Exception for equitable relief under How To Request Relief. Free federal and state tax filing for students Note. Free federal and state tax filing for students Unlike innocent spouse relief or separation of liability relief, if you qualify for equitable relief, you can also get relief from an underpaid tax. Free federal and state tax filing for students (An underpaid tax is tax that is properly shown on the return, but has not been paid. Free federal and state tax filing for students ) Community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Free federal and state tax filing for students Generally, community property laws require you to allocate community income and expenses equally between both spouses. Free federal and state tax filing for students However, community property laws are not taken into account in determining whether an item belongs to you or to your spouse (or former spouse) for purposes of requesting any relief from liability. Free federal and state tax filing for students      File Form 8857, Request for Innocent Spouse Relief, to ask the IRS for relief. Free federal and state tax filing for students You must file an additional Form 8857 if you are requesting relief for more than three years. Free federal and state tax filing for students If you are requesting innocent spouse relief or separation of liability relief, file Form 8857 no later than two years after the date on which the IRS first began collection activities against you after July 22, 1998. Free federal and state tax filing for students If you are requesting equitable relief, see Exception for equitable relief. Free federal and state tax filing for students under How To Request Relief, earlier, for when to file Form 8857. Free federal and state tax filing for students If you are requesting relief from liability arising from community property law, see How and When To Request Relief under Community Property Laws, earlier, for when to file Form 8857. Free federal and state tax filing for students Use the address or fax number shown in the Instructions for Form 8857. Free federal and state tax filing for students File Form 8857 at the address or send it to the fax number shown in the Instructions for Form 8857. Free federal and state tax filing for students Do not file it with the employee assigned to examine your return. Free federal and state tax filing for students Generally, the IRS has 10 years to collect an amount you owe. Free federal and state tax filing for students This is the collection statute of limitations. Free federal and state tax filing for students By law, the IRS is not allowed to collect from you after the 10-year period ends. Free federal and state tax filing for students If you request relief for any tax year, the IRS cannot collect from you for that year while your request is pending. Free federal and state tax filing for students But interest and penalties continue to accrue. Free federal and state tax filing for students Your request is generally considered pending from the date the IRS receives your Form 8857 until the date your request is resolved. Free federal and state tax filing for students This includes the time the Tax Court is considering your request. Free federal and state tax filing for students After your case is resolved, the IRS can begin or resume collecting from you. Free federal and state tax filing for students The 10-year period will be increased by the amount of time your request for relief was pending plus 60 days. Free federal and state tax filing for students See Publication 594 for more information. Free federal and state tax filing for students Injured spouse relief is different from innocent spouse relief. Free federal and state tax filing for students When a joint return is filed and the refund is used to pay one spouse's past-due federal tax, state income tax, state unemployment compensation debts, child support, spousal support, or federal non-tax debt, such as a student loan, the other spouse may be considered an injured spouse. Free federal and state tax filing for students The injured spouse can get back his or her share of the joint overpayment using Form 8379, Injured Spouse Allocation. Free federal and state tax filing for students You are considered an injured spouse if: You are not legally obligated to pay the past-due amount, and You meet any of the following conditions: You made and reported tax payments (such as federal income tax withholding or estimated tax payments). Free federal and state tax filing for students You had earned income (such as wages, salaries, or self-employment income) and claimed the earned income credit or the additional child tax credit. Free federal and state tax filing for students You claimed a refundable tax credit, such as the health coverage tax credit or the refundable credit for prior year minimum tax. Free federal and state tax filing for students Note. Free federal and state tax filing for students If your residence was in a community property state at any time during the year, you may file Form 8379 even if only item (1) above applies. Free federal and state tax filing for students . Free federal and state tax filing for students What are the rules for equitable relief? Equitable relief is only available if you meet all of the following conditions. Free federal and state tax filing for students You do not qualify for innocent spouse relief, separation of liability relief, or relief from liability arising from community property law. Free federal and state tax filing for students You have an understated tax or underpaid tax. Free federal and state tax filing for students See Note later. Free federal and state tax filing for students You did not pay the tax. Free federal and state tax filing for students However, see Refunds , earlier, for exceptions. Free federal and state tax filing for students The IRS determines that it is unfair to hold you liable for the understated or underpaid tax taking into account all the facts and circumstances. Free federal and state tax filing for students You and your spouse (or former spouse) did not transfer assets to one another as a part of a fraudulent scheme. Free federal and state tax filing for students Your spouse (or former spouse) did not transfer property to you for the main purpose of avoiding tax or the payment of tax. Free federal and state tax filing for students You did not file or fail to file your return with the intent to commit fraud. Free federal and state tax filing for students The income tax liability for which you seek relief is attributable to your spouse (or former spouse) with whom you filed the joint return. Free federal and state tax filing for students For exceptions to this condition, see item (8) under Conditions for Getting Equitable Relief , earlier. Free federal and state tax filing for students You timely file Form 8857 as explained earlier in Exception for equitable relief under How To Request Relief. Free federal and state tax filing for students Note. Free federal and state tax filing for students Unlike innocent spouse relief or separation of liability relief, if you qualify for equitable relief, you can also get relief from an underpaid tax. Free federal and state tax filing for students (An underpaid tax is tax that is properly shown on the return, but has not been paid. Free federal and state tax filing for students ) Community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Free federal and state tax filing for students Generally, community property laws require you to allocate community income and expenses equally between both spouses. Free federal and state tax filing for students However, community property laws are not taken into account in determining whether an item belongs to you or to your spouse (or former spouse) for purposes of requesting any relief from liability. Free federal and state tax filing for students      File Form 8857, Request for Innocent Spouse Relief, to ask the IRS for relief. Free federal and state tax filing for students You must file an additional Form 8857 if you are requesting relief for more than three years. Free federal and state tax filing for students If you are requesting innocent spouse relief or separation of liability relief, file Form 8857 no later than two years after the date on which the IRS first began collection activities against you after July 22, 1998. Free federal and state tax filing for students If you are requesting equitable relief, see Exception for equitable relief. Free federal and state tax filing for students under How To Request Relief, earlier, for when to file Form 8857. Free federal and state tax filing for students If you are requesting relief from liability arising from community property law, see How and When To Request Relief under Community Property Laws, earlier, for when to file Form 8857. Free federal and state tax filing for students Use the address or fax number shown in the Instructions for Form 8857. Free federal and state tax filing for students File Form 8857 at the address or send it to the fax number shown in the Instructions for Form 8857. Free federal and state tax filing for students Do not file it with the employee assigned to examine your return. Free federal and state tax filing for students Generally, the IRS has 10 years to collect an amount you owe. Free federal and state tax filing for students This is the collection statute of limitations. Free federal and state tax filing for students By law, the IRS is not allowed to collect from you after the 10-year period ends. Free federal and state tax filing for students If you request relief for any tax year, the IRS cannot collect from you for that year while your request is pending. Free federal and state tax filing for students But interest and penalties continue to accrue. Free federal and state tax filing for students Your request is generally considered pending from the date the IRS receives your Form 8857 until the date your request is resolved. Free federal and state tax filing for students This includes the time the Tax Court is considering your request. Free federal and state tax filing for students After your case is resolved, the IRS can begin or resume collecting from you. Free federal and state tax filing for students The 10-year period will be increased by the amount of time your request for relief was pending plus 60 days. Free federal and state tax filing for students See Publication 594 for more information. Free federal and state tax filing for students Injured spouse relief is different from innocent spouse relief. Free federal and state tax filing for students When a joint return is filed and the refund is used to pay one spouse's past-due federal tax, state income tax, state unemployment compensation debts, child support, spousal support, or federal non-tax debt, such as a student loan, the other spouse may be considered an injured spouse. Free federal and state tax filing for students The injured spouse can get back his or her share of the joint overpayment using Form 8379, Injured Spouse Allocation. Free federal and state tax filing for students You are considered an injured spouse if: You are not legally obligated to pay the past-due amount, and You meet any of the following conditions: You made and reported tax payments (such as federal income tax withholding or estimated tax payments). Free federal and state tax filing for students You had earned income (such as wages, salaries, or self-employment income) and claimed the earned income credit or the additional child tax credit. Free federal and state tax filing for students You claimed a refundable tax credit, such as the health coverage tax credit or the refundable credit for prior year minimum tax. Free federal and state tax filing for students Note. Free federal and state tax filing for students If your residence was in a community property state at any time during the year, you may file Form 8379 even if only item (1) above applies. Free federal and state tax filing for students . Free federal and state tax filing for students How do state community property laws affect my ability to qualify for relief? Community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Free federal and state tax filing for students Generally, community property laws require you to allocate community income and expenses equally between both spouses. Free federal and state tax filing for students However, community property laws are not taken into account in determining whether an item belongs to you or to your spouse (or former spouse) for purposes of requesting any relief from liability. Free federal and state tax filing for students      File Form 8857, Request for Innocent Spouse Relief, to ask the IRS for relief. Free federal and state tax filing for students You must file an additional Form 8857 if you are requesting relief for more than three years. Free federal and state tax filing for students If you are requesting innocent spouse relief or separation of liability relief, file Form 8857 no later than two years after the date on which the IRS first began collection activities against you after July 22, 1998. Free federal and state tax filing for students If you are requesting equitable relief, see Exception for equitable relief. Free federal and state tax filing for students under How To Request Relief, earlier, for when to file Form 8857. Free federal and state tax filing for students If you are requesting relief from liability arising from community property law, see How and When To Request Relief under Community Property Laws, earlier, for when to file Form 8857. Free federal and state tax filing for students Use the address or fax number shown in the Instructions for Form 8857. Free federal and state tax filing for students File Form 8857 at the address or send it to the fax number shown in the Instructions for Form 8857. Free federal and state tax filing for students Do not file it with the employee assigned to examine your return. Free federal and state tax filing for students Generally, the IRS has 10 years to collect an amount you owe. Free federal and state tax filing for students This is the collection statute of limitations. Free federal and state tax filing for students By law, the IRS is not allowed to collect from you after the 10-year period ends. Free federal and state tax filing for students If you request relief for any tax year, the IRS cannot collect from you for that year while your request is pending. Free federal and state tax filing for students But interest and penalties continue to accrue. Free federal and state tax filing for students Your request is generally considered pending from the date the IRS receives your Form 8857 until the date your request is resolved. Free federal and state tax filing for students This includes the time the Tax Court is considering your request. Free federal and state tax filing for students After your case is resolved, the IRS can begin or
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The U.S. Senate and the U.S. House of Representatives make up the two chambers of Congress. The Senate has 100 members, 2 from each state, who are elected to serve for a term of 6 years.

The Free Federal And State Tax Filing For Students

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