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How To Do An Amended Return

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How To Do An Amended Return

How to do an amended return Publication 938 - Introductory Material Table of Contents Introduction Introduction Section references are to the Internal Revenue Code unless otherwise noted. How to do an amended return This publication contains directories relating to real estate mortgage investment conduits (REMICs) and collateralized debt obligations (CDOs). How to do an amended return The directory for each calendar quarter is based on information submitted to the IRS during that quarter. How to do an amended return For each quarter, there is a directory of new REMICs and CDOs and, if required, a section containing amended listings. How to do an amended return You can use the directory to find the representative of the REMIC or the issuer of the CDO from whom you can request tax information. How to do an amended return The amended listing section shows changes to previously listed REMICs and CDOs. How to do an amended return The update for each calendar quarter will be added to this publication approximately six weeks after the end of the quarter. How to do an amended return Publication 938 is only available on the Internet. How to do an amended return To get Publication 938, including prior issues, visit IRS. How to do an amended return gov. How to do an amended return Future developments. How to do an amended return   The IRS has created a page on IRS. How to do an amended return gov that includes information about Publication 938 at www. How to do an amended return irs. How to do an amended return gov/pub938. How to do an amended return Information about any future developments affecting Publication 938 (such as legislation enacted after we release it) will be posted on that page. How to do an amended return Other information. How to do an amended return   Publication 550, Investment Income and Expenses, discusses the tax treatment that applies to holders of these investment products. How to do an amended return For other information about REMICs, see sections 860A through 860G and the regulations issued under those sections. How to do an amended return Prev  Up  Next   Home   More Online Publications
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The How To Do An Amended Return

How to do an amended return Publication 555 - Main Content Table of Contents Domicile Community or Separate Property and Income Identifying Income, Deductions, and CreditsIncome Exemptions Deductions Credits, Taxes, and Payments Community Property Laws DisregardedRequesting relief. How to do an amended return Equitable relief. How to do an amended return Earned income. How to do an amended return Trade or business income. How to do an amended return Partnership income or loss. How to do an amended return Separate property income. How to do an amended return Social security benefits. How to do an amended return Other income. How to do an amended return End of the Community Preparing a Federal Income Tax ReturnJoint Return Versus Separate Returns Separate Return Preparation How To Get Tax HelpLow Income Taxpayer Clinics Domicile Whether you have community property and community income depends on the state where you are domiciled. How to do an amended return If you and your spouse (or your registered domestic partner) have different domiciles, check the laws of each to see whether you have community property or community income. How to do an amended return You have only one domicile even if you have more than one home. How to do an amended return Your domicile is a permanent legal home that you intend to use for an indefinite or unlimited period, and to which, when absent, you intend to return. How to do an amended return The question of your domicile is mainly a matter of your intention as indicated by your actions. How to do an amended return You must be able to show that you intend a given place or state to be your permanent home. How to do an amended return If you move into or out of a community property state during the year, you may or may not have community income. How to do an amended return Factors considered in determining domicile include: Where you pay state income tax, Where you vote, Location of property you own, Your citizenship, Length of residence, and Business and social ties to the community. How to do an amended return Amount of time spent. How to do an amended return    The amount of time spent in one place does not always explain the difference between home and domicile. How to do an amended return A temporary home or residence may continue for months or years while a domicile may be established the first moment you occupy the property. How to do an amended return Your intent is the determining factor in proving where you have your domicile. How to do an amended return    Note. How to do an amended return When this publication refers to where you live, it means your domicile. How to do an amended return Community or Separate Property and Income If you file a federal tax return separately from your spouse, you must report half of all community income and all of your separate income. How to do an amended return Likewise, a registered domestic partner must report half of all community income and all of his or her separate income on his or her federal tax return. How to do an amended return You each must attach your Form 8958 to your Form 1040 showing how you figured the amount you are reporting on your return. How to do an amended return Generally, the laws of the state in which you are domiciled govern whether you have community property and community income or separate property and separate income for federal tax purposes. How to do an amended return The following is a summary of the general rules. How to do an amended return These rules are also shown in Table 1. How to do an amended return Community property. How to do an amended return    Generally, community property is property: That you, your spouse (or your registered domestic partner), or both acquire during your marriage (or registered domestic partnership) while you and your spouse (or your registered domestic partner) are domiciled in a community property state. How to do an amended return That you and your spouse (or your registered domestic partner) agreed to convert from separate to community property. How to do an amended return That cannot be identified as separate property. How to do an amended return Community income. How to do an amended return    Generally, community income is income from: Community property. How to do an amended return Salaries, wages, and other pay received for the services performed by you, your spouse (or your registered domestic partner), or both during your marriage (or registered domestic partnership) while domiciled in a community property state. How to do an amended return Real estate that is treated as community property under the laws of the state where the property is located. How to do an amended return Note Separate property. How to do an amended return    Generally, separate property is: Property that you or your spouse (or your registered domestic partner) owned separately before your marriage (or registered domestic partnership). How to do an amended return Money earned while domiciled in a noncommunity property state. How to do an amended return Property that you or your spouse (or your registered domestic partner) received separately as a gift or inheritance during your marriage (or registered domestic partnership). How to do an amended return Property that you or your spouse (or your registered domestic partner) bought with separate funds, or acquired in exchange for separate property, during your marriage (or registered domestic partnership). How to do an amended return Property that you and your spouse (or your registered domestic partner) converted from community property to separate property through an agreement valid under state law. How to do an amended return The part of property bought with separate funds, if part was bought with community funds and part with separate funds. How to do an amended return Separate income. How to do an amended return    Generally, income from separate property is the separate income of the spouse (or the registered domestic partner) who owns the property. How to do an amended return    In Idaho, Louisiana, Texas, and Wisconsin, income from most separate property is community income. How to do an amended return Table 1. How to do an amended return General Rules — Property and Income: Community or Separate? Community property is property: That you, your spouse (or your registered domestic partner), or both acquire during your marriage (or registered domestic partnership) while you and your spouse (or your registered domestic partner) are domiciled in a community property state. How to do an amended return (Includes the part of property bought with community property funds if part was bought with community funds and part with separate funds. How to do an amended return ) That you and your spouse (or your registered domestic partner) agreed to convert from separate to community property. How to do an amended return That cannot be identified as separate property. How to do an amended return Separate property is: Property that you or your spouse (or your registered domestic partner) owned separately before your marriage (or registered domestic partnership). How to do an amended return Money earned while domiciled in a noncommunity property state. How to do an amended return Property either of you received as a gift or inherited separately during your marriage (or registered domestic partnership). How to do an amended return Property bought with separate funds, or exchanged for separate property, during your marriage (or registered domestic partnership). How to do an amended return Property that you and your spouse (or your registered domestic partner) agreed to convert from community to separate property through an agreement valid under state law. How to do an amended return The part of property bought with separate funds, if part was bought with community funds and part with separate funds. How to do an amended return Community income 1,2,3 is income from: Community property. How to do an amended return Salaries, wages, or pay for services of you, your spouse (or your registered domestic partner), or both during your marriage (or registered domestic partnership) while domiciled in a community property state. How to do an amended return Real estate that is treated as community property under the laws of the state where the property is located. How to do an amended return Separate income 1,2 is income from: Separate property which belongs to the spouse (or registered domestic partner) who owns the property. How to do an amended return 1In Idaho, Louisiana, Texas, and Wisconsin, income from most separate property is community income. How to do an amended return 2Check your state law if you are separated but do not meet the conditions discussed in Spouses living apart all year , later. How to do an amended return In some states, the income you earn after you are separated and before a divorce decree is issued continues to be community income. How to do an amended return In other states, it is separate income. How to do an amended return 3Under special rules, income that can otherwise be characterized as community income may not be treated as community income for federal income tax purposes in certain situations. How to do an amended return See Community Property Laws Disregarded , later. How to do an amended return Identifying Income, Deductions, and Credits If you file separate returns, you and your spouse (or your registered domestic partner) each must attach your Form 8958 to your Form 1040 to identify your community and separate income, deductions, credits, and other return amounts according to the laws of your state. How to do an amended return Under special rules, income that can otherwise be characterized as community income may not be treated as community income for federal income tax purposes in certain situations. How to do an amended return See Community Property Laws Disregarded, later. How to do an amended return Check your state law if you are separated but do not meet the conditions discussed in Spouses living apart all year, later. How to do an amended return In some states, the income you earn after you are separated and before a divorce decree is issued continues to be community income. How to do an amended return In other states, it is separate income. How to do an amended return Income The following is a discussion of the general effect of community property laws on the federal income tax treatment of certain items of income. How to do an amended return Wages, earnings, and profits. How to do an amended return    A spouse's (or your registered domestic partner's) wages, earnings, and net profits from a sole proprietorship are community income and must be evenly split. How to do an amended return Dividends, interest, and rents. How to do an amended return    Dividends, interest, and rents from community property are community income and must be evenly split. How to do an amended return Dividends, interest, and rents from separate property are characterized in accordance with the discussion under Income from separate property , later. How to do an amended return Example. How to do an amended return If you and your spouse (or your registered domestic partner) buy a bond that is considered community property under your state laws, half the bond interest belongs to you and half belongs to your spouse. How to do an amended return You each must show the bond interest and the split of that interest on your Form 8958, and report half the interest on your Form 1040. How to do an amended return Attach your Form 8958 to your Form 1040. How to do an amended return Alimony received. How to do an amended return    Alimony or separate maintenance payments made prior to divorce are taxable to the payee spouse only to the extent they exceed 50% (his or her share) of the reportable community income. How to do an amended return This is so because the payee spouse is already required to report half of the community income. How to do an amended return See also Alimony paid , later. How to do an amended return Gains and losses. How to do an amended return    Gains and losses are classified as separate or community depending on how the property is held. How to do an amended return For example, a loss on separate property, such as stock held separately, is a separate loss. How to do an amended return On the other hand, a loss on community property, such as a casualty loss to your home held as community property, is a community loss. How to do an amended return See Publication 544, Sales and Other Dispositions of Assets, for information on gains and losses. How to do an amended return See Publication 547, Casualties, Disasters, and Thefts, for information on losses due to a casualty or theft. How to do an amended return Withdrawals from individual retirement arrangements (IRAs) and Coverdell Education Savings Accounts (ESAs). How to do an amended return    There are several kinds of individual retirement arrangements (IRAs). How to do an amended return They are traditional IRAs (including SEP-IRAs), SIMPLE IRAs, and Roth IRAs. How to do an amended return IRAs and ESAs by law are deemed to be separate property. How to do an amended return Therefore, taxable IRA and ESA distributions are separate property, even if the funds in the account would otherwise be community property. How to do an amended return These distributions are wholly taxable to the spouse (or registered domestic partner) whose name is on the account. How to do an amended return That spouse (or registered domestic partner) is also liable for any penalties and additional taxes on the distributions. How to do an amended return Pensions. How to do an amended return    Generally, distributions from pensions will be characterized as community or separate income depending on the respective periods of participation in the pension while married (or during the registered domestic partnership) and domiciled in a community property state or in a noncommunity property state during the total period of participation in the pension. How to do an amended return See the example under Civil service retirement , later. How to do an amended return These rules may vary between states. How to do an amended return Check your state law. How to do an amended return Lump-sum distributions. How to do an amended return    If you were born before January 2, 1936, and receive a lump-sum distribution from a qualified retirement plan, you may be able to choose an optional method of figuring the tax on the distribution. How to do an amended return For the 10-year tax option, you must disregard community property laws. How to do an amended return For more information, see Publication 575, Pension and Annuity Income, and Form 4972, Tax on Lump-Sum Distributions. How to do an amended return Civil service retirement. How to do an amended return    For income tax purposes, community property laws apply to annuities payable under the Civil Service Retirement Act (CSRS) or Federal Employee Retirement System (FERS). How to do an amended return   Whether a civil service annuity is separate or community income depends on your marital status (or your status as a registered domestic partner) and domicile of the employee when the services were performed for which the annuity is paid. How to do an amended return Even if you now live in a noncommunity property state and you receive a civil service annuity, it may be community income if it is based on services you performed while married (or during the registered domestic partnership) and domiciled in a community property state. How to do an amended return   If a civil service annuity is a mixture of community income and separate income, it must be divided between the two kinds of income. How to do an amended return The division is based on the employee's domicile and marital status (or registered domestic partnership) in community and noncommunity property states during his or her periods of service. How to do an amended return Example. How to do an amended return Henry Wright retired this year after 30 years of civil service. How to do an amended return He and his wife were domiciled in a community property state during the past 15 years. How to do an amended return Since half the service was performed while the Wrights were married and domiciled in a community property state, half the civil service retirement pay is considered to be community income. How to do an amended return If Mr. How to do an amended return Wright receives $1,000 a month in retirement pay, $500 is considered community income—half ($250) is his income and half ($250) is his wife's. How to do an amended return Military retirement pay. How to do an amended return    State community property laws apply to military retirement pay. How to do an amended return Generally, the pay is either separate or community income based on the marital status and domicile of the couple while the member of the Armed Forces was in active military service. How to do an amended return For example, military retirement pay for services performed during marriage and domicile in a community property state is community income. How to do an amended return   Active military pay earned while married and domiciled in a community property state is also community income. How to do an amended return This income is considered to be received half by the member of the Armed Forces and half by the spouse. How to do an amended return Partnership income. How to do an amended return    If an interest is held in a partnership, and income from the partnership is attributable to the efforts of either spouse (or registered domestic partner), the partnership income is community property. How to do an amended return If it is merely a passive investment in a separate property partnership, the partnership income will be characterized in accordance with the discussion under Income from separate property , later. How to do an amended return Tax-exempt income. How to do an amended return    For spouses, community income exempt from federal tax generally keeps its exempt status for both spouses. How to do an amended return For example, under certain circumstances, income earned outside the United States is tax exempt. How to do an amended return If you earned income and met the conditions that made it exempt, the income is also exempt for your spouse even though he or she may not have met the conditions. How to do an amended return Registered domestic partners should consult the particular exclusion provision to see if the exempt status applies to both. How to do an amended return Income from separate property. How to do an amended return    In some states, income from separate property is separate income. How to do an amended return These states include Arizona, California, Nevada, New Mexico, and Washington. How to do an amended return Other states characterize income from separate property as community income. How to do an amended return These states include Idaho, Louisiana, Texas, and Wisconsin. How to do an amended return Exemptions When you file separate returns, you must claim your own exemption amount for that year. How to do an amended return (See your tax return instructions. How to do an amended return ) You cannot divide the amount allowed as an exemption for a dependent between you and your spouse (or your registered domestic partner). How to do an amended return When community funds provide support for more than one person, each of whom otherwise qualifies as a dependent, you and your spouse (or your registered domestic partner) may divide the number of dependency exemptions as explained in the following example. How to do an amended return Example. How to do an amended return Ron and Diane White have three dependent children and live in Nevada. How to do an amended return If Ron and Diane file separately, only Ron can claim his own exemption, and only Diane can claim her own exemption. How to do an amended return Ron and Diane can agree that one of them will claim the exemption for one, two, or all of their children and the other will claim any remaining exemptions. How to do an amended return They cannot each claim half of the total exemption amount for their three children. How to do an amended return Deductions If you file separate returns, your deductions generally depend on whether the expenses involve community or separate income. How to do an amended return Business and investment expenses. How to do an amended return    If you file separate returns, expenses incurred to earn or produce community business or investment income are generally divided equally between you and your spouse (or your registered domestic partner). How to do an amended return Each of you is entitled to deduct one-half of the expenses on your separate returns. How to do an amended return Expenses incurred by a spouse (or registered domestic partner) to produce separate business or investment income is deductible by the spouse (or the registered domestic partner) who earns the corresponding separate business or investment income. How to do an amended return    Other limits may also apply to business and investment expenses. How to do an amended return For more information, see Publication 535, Business Expenses, and Publication 550, Investment Income and Expenses. How to do an amended return Alimony paid. How to do an amended return    Payments that may otherwise qualify as alimony are not deductible by the payer if they are the recipient spouse's part of community income. How to do an amended return They are deductible as alimony only to the extent they are more than that spouse's part of community income. How to do an amended return Example. How to do an amended return You live in a community property state. How to do an amended return You are separated but the special rules explained later under Spouses living apart all year do not apply. How to do an amended return Under a written agreement, you pay your spouse $12,000 of your $20,000 total yearly community income. How to do an amended return Your spouse receives no other community income. How to do an amended return Under your state law, earnings of a spouse living separately and apart from the other spouse continue as community property. How to do an amended return On your separate returns, each of you must report $10,000 of the total community income. How to do an amended return In addition, your spouse must report $2,000 as alimony received. How to do an amended return You can deduct $2,000 as alimony paid. How to do an amended return IRA deduction. How to do an amended return    Deductions for IRA contributions cannot be split between spouses (or registered domestic partners). How to do an amended return The deduction for each spouse (or each registered domestic partner) is figured separately and without regard to community property laws. How to do an amended return Personal expenses. How to do an amended return   Expenses that are paid out of separate funds, such as medical expenses, are deductible by the spouse who pays them. How to do an amended return If these expenses are paid from community funds, divide the deduction equally between you and your spouse. How to do an amended return Credits, Taxes, and Payments The following is a discussion of the general effect of community property laws on the treatment of certain credits, taxes, and payments on your separate return. How to do an amended return Child tax credit. How to do an amended return    You may be entitled to a child tax credit for each of your qualifying children. How to do an amended return You must provide the name and identification number (usually the social security number) of each qualifying child on your return. How to do an amended return See your tax return instructions for the maximum amount of the credit you can claim for each qualifying child. How to do an amended return Limit on credit. How to do an amended return    The credit is limited if your modified adjusted gross income (modified AGI) is above a certain amount. How to do an amended return The amount at which the limitation (phaseout) begins depends on your filing status. How to do an amended return Generally, your credit is limited to your tax liability unless you have three or more qualifying children. How to do an amended return See your tax return instructions for more information. How to do an amended return Self-employment tax. How to do an amended return    For the effect of community property laws on the income tax treatment of income from a sole proprietorship and partnerships, see Wages, earnings, and profits and Partnership income , earlier. How to do an amended return The following rules only apply to persons married for federal tax purposes. How to do an amended return Registered domestic partners report community income for self-employment tax purposes the same way they do for income tax purposes. How to do an amended return Sole proprietorship. How to do an amended return    With regard to net income from a trade or business (other than a partnership) that is community income, self-employment tax is imposed on the spouse carrying on the trade or business. How to do an amended return Partnerships. How to do an amended return    All of the distributive share of a married partner's income or loss from a partnership trade or business is attributable to the partner for computing any self-employment tax, even if a portion of the partner's distributive share of income or loss is community income or loss that is otherwise attributable to the partner's spouse for income tax purposes. How to do an amended return If both spouses are partners, any self-employment tax is allocated based on their distributive shares. How to do an amended return Federal income tax withheld. How to do an amended return    Report the credit for federal income tax withheld on community wages in the same manner as your wages. How to do an amended return If you and your spouse file separate returns on which each of you reports half the community wages, each of you is entitled to credit for half the income tax withheld on those wages. How to do an amended return Likewise, each registered domestic partner is entitled to credit for half the income tax withheld on those wages. How to do an amended return Estimated tax payments. How to do an amended return    In determining whether you must pay estimated tax, apply the estimated tax rules to your estimated income. How to do an amended return These rules are explained in Publication 505. How to do an amended return   If you think you may owe estimated tax and want to pay the tax separately (registered domestic partners must pay the tax separately), determine whether you must pay it by taking into account: Half the community income and deductions, All of your separate income and deductions, and Your own exemption and any exemptions for dependents that you may claim. How to do an amended return   Whether you and your spouse pay estimated tax jointly or separately will not affect your choice of filing joint or separate income tax returns. How to do an amended return   If you and your spouse paid estimated tax jointly but file separate income tax returns, either of you can claim all of the estimated tax paid, or you may divide it between you in any way that you agree upon. How to do an amended return   If you cannot agree on how to divide it, the estimated tax you can claim equals the total estimated tax paid times the tax shown on your separate return, divided by the total of the tax shown on your return and your spouse's return. How to do an amended return   If you paid your estimated taxes separately, you get credit for only the estimated taxes you paid. How to do an amended return Earned income credit. How to do an amended return    You may be entitled to an earned income credit (EIC). How to do an amended return You cannot claim this credit if your filing status is married filing separately. How to do an amended return   If you are married, but qualify to file as head of household under rules for married taxpayers living apart (see Publication 501, Exemptions, Standard Deduction, and Filing Information), and live in a state that has community property laws, your earned income for the EIC does not include any amount earned by your spouse that is treated as belonging to you under community property laws. How to do an amended return That amount is not earned income for the EIC, even though you must include it in your gross income on your income tax return. How to do an amended return Your earned income includes the entire amount you earned, even if part of it is treated as belonging to your spouse under your state's community property laws. How to do an amended return The same rule applies to registered domestic partners. How to do an amended return    This rule does not apply when determining your adjusted gross income (AGI) for the EIC. How to do an amended return Your AGI includes that part of both your and your spouse's (or your registered domestic partner's) wages that you are required to include in gross income shown on your tax return. How to do an amended return   For more information about the EIC, see Publication 596, Earned Income Credit (EIC). How to do an amended return Overpayments. How to do an amended return    The amount of an overpayment on a joint return is allocated under the community property laws of the state in which you are domiciled. How to do an amended return If, under the laws of your state, community property is subject to premarital or other separate debts of either spouse, the full joint overpayment may be used to offset the obligation. How to do an amended return If, under the laws of your state, community property is not subject to premarital or other separate debts of either spouse, only the portion of the joint overpayment allocated to the spouse liable for the obligation can be used to offset that liability. How to do an amended return The portion allocated to the other spouse can be refunded. How to do an amended return Community Property Laws Disregarded The following discussions are situations where special rules apply to community property and community income for spouses. How to do an amended return These rules do not apply to registered domestic partners. How to do an amended return Certain community income not treated as community income by one spouse. How to do an amended return    Community property laws may not apply to an item of community income that you received but did not treat as community income. How to do an amended return You are responsible for reporting all of that income item if: You treat the item as if only you are entitled to the income, and You do not notify your spouse of the nature and amount of the income by the due date for filing the return (including extensions). How to do an amended return Relief from liability arising from community property law. How to do an amended return    You are not responsible for the tax relating to an item of community income if all the following conditions are met. How to do an amended return You did not file a joint return for the tax year. How to do an amended return You did not include an item of community income in gross income. How to do an amended return The item of community income you did not include is one of the following: Wages, salaries, and other compensation your spouse (or former spouse) received for services he or she performed as an employee. How to do an amended return Income your spouse (or former spouse) derived from a trade or business he or she operated as a sole proprietor. How to do an amended return Your spouse's (or former spouse's) distributive share of partnership income. How to do an amended return Income from your spouse's (or former spouse's) separate property (other than income described in (a), (b), or (c)). How to do an amended return Use the appropriate community property law to determine what is separate property. How to do an amended return Any other income that belongs to your spouse (or former spouse) under community property law. How to do an amended return You establish that you did not know of, and had no reason to know of, that community income. How to do an amended return Under all facts and circumstances, it would not be fair to include the item of community income in your gross income. How to do an amended return Requesting relief. How to do an amended return    For information on how and when to request relief from liabilities arising from community property laws, see Community Property Laws in Publication 971, Innocent Spouse Relief. How to do an amended return Equitable relief. How to do an amended return    If you do not qualify for the relief discussed earlier under Relief from liability arising from community property law and are now liable for an underpaid or understated tax you believe should be paid only by your spouse (or former spouse), you may request equitable relief. How to do an amended return To request equitable relief, you must file Form 8857, Request for Innocent Spouse Relief. How to do an amended return Also see Publication 971. How to do an amended return Spousal agreements. How to do an amended return    In some states a married couple may enter into an agreement that affects the status of property or income as community or separate property. How to do an amended return Check your state law to determine how it affects you. How to do an amended return Nonresident alien spouse. How to do an amended return    If you are a U. How to do an amended return S. How to do an amended return citizen or resident alien and you choose to treat your nonresident alien spouse as a U. How to do an amended return S. How to do an amended return resident for tax purposes and you are domiciled in a community property state or country, use the community property rules. How to do an amended return You must file a joint return for the year you make the choice. How to do an amended return You can file separate returns in later years. How to do an amended return For details on making this choice, see Publication 519, U. How to do an amended return S. How to do an amended return Tax Guide for Aliens. How to do an amended return   If you are a U. How to do an amended return S. How to do an amended return citizen or resident alien and do not choose to treat your nonresident alien spouse as a U. How to do an amended return S. How to do an amended return resident for tax purposes, treat your community income as explained next under Spouses living apart all year. How to do an amended return However, you do not have to meet the four conditions discussed there. How to do an amended return Spouses living apart all year. How to do an amended return    If you are married at any time during the calendar year, special rules apply for reporting certain community income. How to do an amended return You must meet all the following conditions for these special rules to apply. How to do an amended return You and your spouse lived apart all year. How to do an amended return You and your spouse did not file a joint return for a tax year beginning or ending in the calendar year. How to do an amended return You and/or your spouse had earned income for the calendar year that is community income. How to do an amended return You and your spouse have not transferred, directly or indirectly, any of the earned income in condition (3) above between yourselves before the end of the year. How to do an amended return Do not take into account transfers satisfying child support obligations or transfers of very small amounts or value. How to do an amended return If all these conditions are met, you and your spouse must report your community income as discussed next. How to do an amended return See also Certain community income not treated as community income by one spouse , earlier. How to do an amended return Earned income. How to do an amended return    Treat earned income that is not trade or business or partnership income as the income of the spouse who performed the services to earn the income. How to do an amended return Earned income is wages, salaries, professional fees, and other pay for personal services. How to do an amended return   Earned income does not include amounts paid by a corporation that are a distribution of earnings and profits rather than a reasonable allowance for personal services rendered. How to do an amended return Trade or business income. How to do an amended return    Treat income and related deductions from a trade or business that is not a partnership as those of the spouse carrying on the trade or business. How to do an amended return Partnership income or loss. How to do an amended return    Treat income or loss from a trade or business carried on by a partnership as the income or loss of the spouse who is the partner. How to do an amended return Separate property income. How to do an amended return    Treat income from the separate property of one spouse as the income of that spouse. How to do an amended return Social security benefits. How to do an amended return    Treat social security and equivalent railroad retirement benefits as the income of the spouse who receives the benefits. How to do an amended return Other income. How to do an amended return    Treat all other community income, such as dividends, interest, rents, royalties, or gains, as provided under your state's community property law. How to do an amended return Example. How to do an amended return George and Sharon were married throughout the year but did not live together at any time during the year. How to do an amended return Both domiciles were in a community property state. How to do an amended return They did not file a joint return or transfer any of their earned income between themselves. How to do an amended return During the year their incomes were as follows:   George Sharon Wages $20,000 $22,000 Consulting business 5,000   Partnership   10,000 Dividends from separate property 1,000 2,000 Interest from community property 500 500 Total $26,500 $34,500 Under the community property law of their state, all the income is considered community income. How to do an amended return (Some states treat income from separate property as separate income—check your state law. How to do an amended return ) Sharon did not take part in George's consulting business. How to do an amended return Ordinarily, on their separate returns they would each report $30,500, half the total community income of $61,000 ($26,500 + $34,500). How to do an amended return But because they meet the four conditions listed earlier under Spouses living apart all year , they must disregard community property law in reporting all their income (except the interest income) from community property. How to do an amended return They each report on their returns only their own earnings and other income, and their share of the interest income from community property. How to do an amended return George reports $26,500 and Sharon reports $34,500. How to do an amended return Other separated spouses. How to do an amended return    If you and your spouse are separated but do not meet the four conditions discussed earlier under Spouses living apart all year , you must treat your income according to the laws of your state. How to do an amended return In some states, income earned after separation but before a decree of divorce continues to be community income. How to do an amended return In other states, it is separate income. How to do an amended return End of the Community The marital community may end in several ways. How to do an amended return When the marital community ends, the community assets (money and property) are divided between the spouses. How to do an amended return Similarly, a registered domestic partnership may end in several ways and the community assets must be divided between the registered domestic partners. How to do an amended return Death of spouse. How to do an amended return    If you own community property and your spouse dies, the total fair market value (FMV) of the community property, including the part that belongs to you, generally becomes the basis of the entire property. How to do an amended return For this rule to apply, at least half the value of the community property interest must be includible in your spouse's gross estate, whether or not the estate must file a return (this rule does not apply to registered domestic partners). How to do an amended return Example. How to do an amended return Bob and Ann owned community property that had a basis of $80,000. How to do an amended return When Bob died, his and Ann's community property had an FMV of $100,000. How to do an amended return One-half of the FMV of their community interest was includible in Bob's estate. How to do an amended return The basis of Ann's half of the property is $50,000 after Bob died (half of the $100,000 FMV). How to do an amended return The basis of the other half to Bob's heirs is also $50,000. How to do an amended return   For more information about the basis of assets, see Publication 551, Basis of Assets. How to do an amended return    The above basis rule does not apply if your spouse died in 2010 and the spouse's executor elected out of the estate tax, in which case section 1022 will apply. How to do an amended return See Publication 4895, Tax Treatment of Property Acquired From a Decedent Dying in 2010, for additional information. How to do an amended return Divorce or separation. How to do an amended return    If spouses divorce or separate, the (equal or unequal) division of community property in connection with the divorce or property settlement does not result in a gain or loss. How to do an amended return For registered domestic partners, an unequal division of community property in a property settlement may result in a gain or loss. How to do an amended return For information on the tax consequences of the division of property under a property settlement or divorce decree, see Publication 504. How to do an amended return   Each spouse (or each registered domestic partner) is taxed on half the community income for the part of the year before the community ends. How to do an amended return However, see Spouses living apart all year , earlier. How to do an amended return Any income received after the community ends is separate income. How to do an amended return This separate income is taxable only to the spouse (or the registered domestic partner) to whom it belongs. How to do an amended return   An absolute decree of divorce or annulment ends the marital community in all community property states. How to do an amended return A decree of annulment, even though it holds that no valid marriage ever existed, usually does not nullify community property rights arising during the “marriage. How to do an amended return ” However, you should check your state law for exceptions. How to do an amended return   A decree of legal separation or of separate maintenance may or may not end the marital community. How to do an amended return The court issuing the decree may terminate the marital community and divide the property between the spouses. How to do an amended return   A separation agreement may divide the community property between you and your spouse. How to do an amended return It may provide that this property, along with future earnings and property acquired, will be separate property. How to do an amended return This agreement may end the community. How to do an amended return   In some states, the marital community ends when the spouses permanently separate, even if there is no formal agreement. How to do an amended return Check your state law. How to do an amended return   If you are a registered domestic partner, you should check your state law to determine when the community ends. How to do an amended return Preparing a Federal Income Tax Return The following discussion does not apply to spouses who meet the conditions under Spouses living apart all year , discussed earlier. How to do an amended return Those spouses must report their community income as explained in that discussion. How to do an amended return Joint Return Versus Separate Returns Ordinarily, filing a joint return will give you a greater tax advantage than filing a separate return. How to do an amended return But in some cases, your combined income tax on separate returns may be less than it would be on a joint return. How to do an amended return This discussion concerning joint versus separate returns does not apply to registered domestic partners. How to do an amended return The following rules apply if your filing status is married filing separately. How to do an amended return You should itemize deductions if your spouse itemizes deductions, because you cannot claim the standard deduction. How to do an amended return You cannot take the credit for child and dependent care expenses in most instances. How to do an amended return You cannot take the earned income credit. How to do an amended return You cannot exclude any interest income from qualified U. How to do an amended return S. How to do an amended return savings bonds that you used for higher education expenses. How to do an amended return You cannot take the credit for the elderly or the disabled unless you lived apart from your spouse all year. How to do an amended return You may have to include in income more of any social security benefits (including any equivalent railroad retirement benefits) you received during the year than you would on a joint return. How to do an amended return You cannot deduct interest paid on a qualified student loan. How to do an amended return You cannot take the education credits. How to do an amended return You may have a smaller child tax credit than you would on a joint return. How to do an amended return You cannot take the exclusion or credit for adoption expenses in most instances. How to do an amended return Figure your tax both on a joint return and on separate returns under the community property laws of your state. How to do an amended return You can then compare the tax figured under both methods and use the one that results in less tax. How to do an amended return Separate Return Preparation If you file separate returns, you and your spouse must each report half of your combined community income and deductions in addition to your separate income and deductions. How to do an amended return Each of you must complete and attach Form 8958 to your Form 1040 showing how you figured the amount you are reporting on your return. How to do an amended return On the appropriate lines of your separate Form 1040, list only your share of the income and deductions on the appropriate lines of your separate tax returns (wages, interest, dividends, etc. How to do an amended return ). How to do an amended return The same reporting rule applies to registered domestic partners. How to do an amended return For a discussion of the effect of community property laws on certain items of income, deductions, credits, and other return amounts, see Identifying Income, Deductions, and Credits , earlier. How to do an amended return Attach your Form 8958 to your separate return showing how you figured the income, deductions, and federal income tax withheld that each of you reported. How to do an amended return Form 8958 is used for married spouses in community property states who choose to file married filing separately. How to do an amended return Form 8958 is also used for registered domestic partners who are domiciled in Nevada, Washington, or California. How to do an amended return A registered domestic partner in Nevada, Washington, or California must follow state community property laws and report half the combined community income of the individual and his or her registered domestic partner. How to do an amended return Extension of time to file. How to do an amended return    An extension of time for filing your separate return does not extend the time for filing your spouse's (or your registered domestic partner's) separate return. How to do an amended return If you and your spouse file a joint return, you cannot file separate returns after the due date for filing either separate return has passed. How to do an amended return How To Get Tax Help Whether it's help with a tax issue, preparing your tax return or a need for a free publication or form, get the help you need the way you want it: online, use a smart phone, call or walk in to an IRS office or volunteer site near you. How to do an amended return Free help with your tax return. How to do an amended return    You can get free help preparing your return nationwide from IRS-certified volunteers. How to do an amended return The Volunteer Income Tax Assistance (VITA) program helps low-to-moderate income, elderly, people with disabilities, and limited English proficient taxpayers. How to do an amended return The Tax Counseling for the Elderly (TCE) program helps taxpayers age 60 and older with their tax returns. How to do an amended return Most VITA and TCE sites offer free electronic filing and all volunteers will let you know about credits and deductions you may be entitled to claim. How to do an amended return In addition, some VITA and TCE sites provide taxpayers the opportunity to prepare their own return with help from an IRS-certified volunteer. How to do an amended return To find the nearest VITA or TCE site, you can use the VITA Locator Tool on IRS. How to do an amended return gov, download the IRS2Go app, or call 1-800-906-9887. How to do an amended return   As part of the TCE program, AARP offers the Tax-Aide counseling program. How to do an amended return To find the nearest AARP Tax-Aide site, visit AARP's website at www. How to do an amended return aarp. How to do an amended return org/money/taxaide or call 1-888-227-7669. How to do an amended return For more information on these programs, go to IRS. How to do an amended return gov and enter “VITA” in the search box. How to do an amended return Internet. How to do an amended return    IRS. How to do an amended return gov and IRS2Go are ready when you are —24 hours a day, 7 days a week. How to do an amended return Download the free IRS2Go app from the iTunes app store or from Google Play. How to do an amended return Use it to check your refund status, order transcripts of your tax returns or tax account, watch the IRS YouTube channel, get IRS news as soon as it's released to the public, subscribe to filing season updates or daily tax tips, and follow the IRS Twitter news feed, @IRSnews, to get the latest federal tax news, including information about tax law changes and important IRS programs. How to do an amended return Check the status of your 2013 refund with the Where's My Refund? application on IRS. How to do an amended return gov or download the IRS2Go app and select the Refund Status option. How to do an amended return The IRS issues more than 9 out of 10 refunds in less than 21 days. How to do an amended return Using these applications, you can start checking on the status of your return within 24 hours after we receive your e-filed return or 4 weeks after you mail a paper return. How to do an amended return You will also be given a personalized refund date as soon as the IRS processes your tax return and approves your refund. How to do an amended return The IRS updates Where's My Refund? every 24 hours, usually overnight, so you only need to check once a day. How to do an amended return Use the Interactive Tax Assistant (ITA) to research your tax questions. How to do an amended return No need to wait on the phone or stand in line. How to do an amended return The ITA is available 24 hours a day, 7 days a week, and provides you with a variety of tax information related to general filing topics, deductions, credits, and income. How to do an amended return When you reach the response screen, you can print the entire interview and the final response for your records. How to do an amended return New subject areas are added on a regular basis. How to do an amended return  Answers not provided through ITA may be found in Tax Trails, one of the Tax Topics on IRS. How to do an amended return gov which contain general individual and business tax information or by searching the IRS Tax Map, which includes an international subject index. How to do an amended return You can use the IRS Tax Map, to search publications and instructions by topic or keyword. How to do an amended return The IRS Tax Map integrates forms and publications into one research tool and provides single-point access to tax law information by subject. How to do an amended return When the user searches the IRS Tax Map, they will be provided with links to related content in existing IRS publications, forms and instructions, questions and answers, and Tax Topics. How to do an amended return Coming this filing season, you can immediately view and print for free all 5 types of individual federal tax transcripts (tax returns, tax account, record of account, wage and income statement, and certification of non-filing) using Get Transcript. How to do an amended return You can also ask the IRS to mail a return or an account transcript to you. How to do an amended return Only the mail option is available by choosing the Tax Records option on the IRS2Go app by selecting Mail Transcript on IRS. How to do an amended return gov or by calling 1-800-908-9946. How to do an amended return Tax return and tax account transcripts are generally available for the current year and the past three years. How to do an amended return Determine if you are eligible for the EITC and estimate the amount of the credit with the Earned Income Tax Credit (EITC) Assistant. How to do an amended return Visit Understanding Your IRS Notice or Letter to get answers to questions about a notice or letter you received from the IRS. How to do an amended return If you received the First Time Homebuyer Credit, you can use the First Time Homebuyer Credit Account Look-up tool for information on your repayments and account balance. How to do an amended return Check the status of your amended return using Where's My Amended Return? Go to IRS. How to do an amended return gov and enter Where's My Amended Return? in the search box. How to do an amended return You can generally expect your amended return to be processed up to 12 weeks from the date we receive it. How to do an amended return It can take up to 3 weeks from the date you mailed it to show up in our system. How to do an amended return Make a payment using one of several safe and convenient electronic payment options available on IRS. How to do an amended return gov. How to do an amended return Select the Payment tab on the front page of IRS. How to do an amended return gov for more information. How to do an amended return Determine if you are eligible and apply for an online payment agreement, if you owe more tax than you can pay today. How to do an amended return Figure your income tax withholding with the IRS Withholding Calculator on IRS. How to do an amended return gov. How to do an amended return Use it if you've had too much or too little withheld, your personal situation has changed, you're starting a new job or you just want to see if you're having the right amount withheld. How to do an amended return Determine if you might be subject to the Alternative Minimum Tax by using the Alternative Minimum Tax Assistant on IRS. How to do an amended return gov. How to do an amended return Request an Electronic Filing PIN by going to IRS. How to do an amended return gov and entering Electronic Filing PIN in the search box. How to do an amended return Download forms, instructions and publications, including accessible versions for people with disabilities. How to do an amended return Locate the nearest Taxpayer Assistance Center (TAC) using the Office Locator tool on IRS. How to do an amended return gov, or choose the Contact Us option on the IRS2Go app and search Local Offices. How to do an amended return An employee can answer questions about your tax account or help you set up a payment plan. How to do an amended return Before you visit, check the Office Locator on IRS. How to do an amended return gov, or Local Offices under Contact Us on IRS2Go to confirm the address, phone number, days and hours of operation, and the services provided. How to do an amended return If you have a special need, such as a disability, you can request an appointment. How to do an amended return Call the local number listed in the Office Locator, or look in the phone book under United States Government, Internal Revenue Service. How to do an amended return Apply for an Employer Identification Number (EIN). How to do an amended return Go to IRS. How to do an amended return gov and enter Apply for an EIN in the search box. How to do an amended return Read the Internal Revenue Code, regulations, or other official guidance. How to do an amended return Read Internal Revenue Bulletins. How to do an amended return Sign up to receive local and national tax news and more by email. How to do an amended return Just click on “subscriptions” above the search box on IRS. How to do an amended return gov and choose from a variety of options. How to do an amended return    Phone. How to do an amended return You can call the IRS, or you can carry it in your pocket with the IRS2Go app on your smart phone or tablet. How to do an amended return Download the free IRS2Go app from the iTunes app store or from Google Play. How to do an amended return Call to locate the nearest volunteer help site, 1-800-906-9887 or you can use the VITA Locator Tool on IRS. How to do an amended return gov, or download the IRS2Go app. How to do an amended return Low-to-moderate income, elderly, people with disabilities, and limited English proficient taxpayers can get free help with their tax return from the nationwide Volunteer Income Tax Assistance (VITA) program. How to do an amended return The Tax Counseling for the Elderly (TCE) program helps taxpayers age 60 and older with their tax returns. How to do an amended return Most VITA and TCE sites offer free electronic filing. How to do an amended return Some VITA and TCE sites provide IRS-certified volunteers who can help prepare your tax return. How to do an amended return Through the TCE program, AARP offers the Tax-Aide counseling program; call 1-888-227-7669 to find the nearest Tax-Aide location. How to do an amended return Call the automated Where's My Refund? information hotline to check the status of your 2013 refund 24 hours a day, 7 days a week at 1-800-829-1954. How to do an amended return If you e-file, you can start checking on the status of your return within 24 hours after the IRS receives your tax return or 4 weeks after you've mailed a paper return. How to do an amended return The IRS issues more than 9 out of 10 refunds in less than 21 days. How to do an amended return Where's My Refund? will give you a personalized refund date as soon as the IRS processes your tax return and approves your refund. How to do an amended return Before you call this automated hotline, have your 2013 tax return handy so you can enter your social security number, your filing status, and the exact whole dollar amount of your refund. How to do an amended return The IRS updates Where's My Refund? every 24 hours, usually overnight, so you only need to check once a day. How to do an amended return Note, the above information is for our automated hotline. How to do an amended return Our live phone and walk-in assistors can research the status of your refund only if it's been 21 days or more since you filed electronically or more than 6 weeks since you mailed your paper return. How to do an amended return Call the Amended Return Hotline, 1-866-464-2050, to check the status of your amended return. How to do an amended return You can generally expect your amended return to be processed up to 12 weeks from the date we receive it. How to do an amended return It can take up to 3 weeks from the date you mailed it to show up in our system. How to do an amended return Call 1-800-TAX-FORM (1-800-829-3676) to order current-year forms, instructions, publications, and prior-year forms and instructions (limited to 5 years). How to do an amended return You should receive your order within 10 business days. How to do an amended return Call TeleTax, 1-800-829-4477, to listen to pre-recorded messages covering general and business tax information. How to do an amended return If, between January and April 15, you still have questions about the Form 1040, 1040A, or 1040EZ (like filing requirements, dependents, credits, Schedule D, pensions and IRAs or self-employment taxes), call 1-800-829-1040. How to do an amended return Call using TTY/TDD equipment, 1-800-829-4059 to ask tax questions or order forms and publications. How to do an amended return The TTY/TDD telephone number is for people who are deaf, hard of hearing, or have a speech disability. How to do an amended return These individuals can also contact the IRS through relay services such as the Federal Relay Service. How to do an amended return    Walk-in. How to do an amended return You can find a selection of forms, publications and services — in-person. How to do an amended return Products. How to do an amended return You can walk in to some post offices, libraries, and IRS offices to pick up certain forms, instructions, and publications. How to do an amended return Some IRS offices, libraries, and city and county government offices have a collection of products available to photocopy from reproducible proofs. How to do an amended return Services. How to do an amended return You can walk in to your local TAC for face-to-face tax help. How to do an amended return An employee can answer questions about your tax account or help you set up a payment plan. How to do an amended return Before visiting, use the Office Locator tool on IRS. How to do an amended return gov, or choose the Contact Us option on the IRS2Go app and search Local Offices for days and hours of operation, and services provided. How to do an amended return    Mail. How to do an amended return You can send your order for forms, instructions, and publications to the address below. How to do an amended return You should receive a response within 10 business days after your request is received. How to do an amended return Internal Revenue Service 1201 N. How to do an amended return Mitsubishi Motorway Bloomington, IL 61705-6613   The Taxpayer Advocate Service Is Here to Help You. How to do an amended return The Taxpayer Advocate Service (TAS) is your voice at the IRS. How to do an amended return Our job is to ensure that every taxpayer is treated fairly and that you know and understand your rights. How to do an amended return   What can TAS do for you? We can offer you free help with IRS problems that you can't resolve on your own. How to do an amended return We know this process can be confusing, but the worst thing you can do is nothing at all! TAS can help if you can't resolve your tax problem and: Your problem is causing financial difficulties for you, your family, or your business. How to do an amended return You face (or your business is facing) an immediate threat of adverse action. How to do an amended return You've tried repeatedly to contact the IRS but no one has responded, or the IRS hasn't responded by the date promised. How to do an amended return   If you qualify for our help, you'll be assigned to one advocate who'll be with you at every turn and will do everything possible to resolve your problem. How to do an amended return Here's why we can help: TAS is an independent organization within the IRS. How to do an amended return Our advocates know how to work with the IRS. How to do an amended return Our services are free and tailored to meet your needs. How to do an amended return We have offices in every state, the District of Columbia, and Puerto Rico. How to do an amended return   How can you reach us? If you think TAS can help you, call your local advocate, whose number is in your local directory and at www. How to do an amended return irs. How to do an amended return gov/advocate, or call us toll-free at 1-877-777-4778. How to do an amended return   How else does TAS help taxpayers?  TAS also works to resolve large-scale, systemic problems that affect many taxpayers. How to do an amended return If you know of one of these broad issues, please report it to us through our Systemic Advocacy Management System at www. How to do an amended return irs. How to do an amended return gov/sams. How to do an amended return Low Income Taxpayer Clinics Low Income Taxpayer Clinics (LITCs) serve individuals whose income is below a certain level and need to resolve tax problems such as audits, appeals and tax collection disputes. How to do an amended return Some clinics can provide information about taxpayer rights and responsibilities in different languages for individuals who speak English as a second language. How to do an amended return Visit www. How to do an amended return irs. How to do an amended return gov/litc or see IRS Publication 4134, Low Income Taxpayer Clinic List. How to do an amended return Prev  Up  Next   Home   More Online Publications