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Nj 1040nr 2012

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Nj 1040nr 2012

Nj 1040nr 2012 1. Nj 1040nr 2012   Deducting Business Expenses Table of Contents What's New Introduction Topics - This chapter discusses: Useful Items - You may want to see: What Can I Deduct?Cost of Goods Sold Capital Expenses Capital versus Deductible Expenses Personal versus Business Expenses How Much Can I Deduct?Not-for-profit limits. Nj 1040nr 2012 At-risk limits. Nj 1040nr 2012 Passive activities. Nj 1040nr 2012 Net operating loss. Nj 1040nr 2012 When Can I Deduct an Expense?Economic performance. Nj 1040nr 2012 Not-for-Profit ActivitiesGross Income Limit on Deductions What's New Optional safe harbor method to determine the business use of a home deduction. Nj 1040nr 2012  Beginning in 2013, you can use the optional safe harbor method to determine the deduction for the business use of your home. Nj 1040nr 2012 See Optional safe harbor method under Business use of your home , later. Nj 1040nr 2012 Introduction This chapter covers the general rules for deducting business expenses. Nj 1040nr 2012 Business expenses are the costs of carrying on a trade or business, and they are usually deductible if the business is operated to make a profit. Nj 1040nr 2012 Topics - This chapter discusses: What you can deduct How much you can deduct When you can deduct Not-for-profit activities Useful Items - You may want to see: Publication 334 Tax Guide for Small Business 463 Travel, Entertainment, Gift, and Car Expenses 525 Taxable and Nontaxable Income 529 Miscellaneous Deductions 536 Net Operating Losses (NOLs) for Individuals, Estates, and Trusts 538 Accounting Periods and Methods 542 Corporations 547 Casualties, Disasters, and Thefts 587 Business Use of Your Home 925 Passive Activity and At-Risk Rules 936 Home Mortgage Interest Deduction 946 How To Depreciate Property Form (and Instructions) Sch A (Form 1040) Itemized Deductions 5213 Election To Postpone Determination as To Whether the Presumption Applies That an Activity Is Engaged in for Profit See chapter 12 for information about getting publications and forms. Nj 1040nr 2012 What Can I Deduct? To be deductible, a business expense must be both ordinary and necessary. Nj 1040nr 2012 An ordinary expense is one that is common and accepted in your industry. Nj 1040nr 2012 A necessary expense is one that is helpful and appropriate for your trade or business. Nj 1040nr 2012 An expense does not have to be indispensable to be considered necessary. Nj 1040nr 2012 Even though an expense may be ordinary and necessary, you may not be allowed to deduct the expense in the year you paid or incurred it. Nj 1040nr 2012 In some cases you may not be allowed to deduct the expense at all. Nj 1040nr 2012 Therefore, it is important to distinguish usual business expenses from expenses that include the following. Nj 1040nr 2012 The expenses used to figure cost of goods sold, Capital expenses, and Personal expenses. Nj 1040nr 2012 Cost of Goods Sold If your business manufactures products or purchases them for resale, you generally must value inventory at the beginning and end of each tax year to determine your cost of goods sold. Nj 1040nr 2012 Some of your business expenses may be included in figuring cost of goods sold. Nj 1040nr 2012 Cost of goods sold is deducted from your gross receipts to figure your gross profit for the year. Nj 1040nr 2012 If you include an expense in the cost of goods sold, you cannot deduct it again as a business expense. Nj 1040nr 2012 The following are types of expenses that go into figuring cost of goods sold. Nj 1040nr 2012 The cost of products or raw materials, including freight. Nj 1040nr 2012 Storage. Nj 1040nr 2012 Direct labor (including contributions to pension or annuity plans) for workers who produce the products. Nj 1040nr 2012 Factory overhead. Nj 1040nr 2012 Under the uniform capitalization rules, you must capitalize the direct costs and part of the indirect costs for certain production or resale activities. Nj 1040nr 2012 Indirect costs include rent, interest, taxes, storage, purchasing, processing, repackaging, handling, and administrative costs. Nj 1040nr 2012 This rule does not apply to personal property you acquire for resale if your average annual gross receipts (or those of your predecessor) for the preceding 3 tax years are not more than $10 million. Nj 1040nr 2012 For more information, see the following sources. Nj 1040nr 2012 Cost of goods sold—chapter 6 of Publication 334. Nj 1040nr 2012 Inventories—Publication 538. Nj 1040nr 2012 Uniform capitalization rules—Publication 538 and section 263A of the Internal Revenue Code and the related regulations. Nj 1040nr 2012 Capital Expenses You must capitalize, rather than deduct, some costs. Nj 1040nr 2012 These costs are a part of your investment in your business and are called “capital expenses. Nj 1040nr 2012 ” Capital expenses are considered assets in your business. Nj 1040nr 2012 In general, you capitalize three types of costs. Nj 1040nr 2012 Business start-up costs (See Tip below). Nj 1040nr 2012 Business assets. Nj 1040nr 2012 Improvements. Nj 1040nr 2012 You can elect to deduct or amortize certain business start-up costs. Nj 1040nr 2012 See chapters 7 and 8. Nj 1040nr 2012 Cost recovery. Nj 1040nr 2012   Although you generally cannot take a current deduction for a capital expense, you may be able to recover the amount you spend through depreciation, amortization, or depletion. Nj 1040nr 2012 These recovery methods allow you to deduct part of your cost each year. Nj 1040nr 2012 In this way, you are able to recover your capital expense. Nj 1040nr 2012 See Amortization (chapter 8) and Depletion (chapter 9) in this publication. Nj 1040nr 2012 A taxpayer can elect to deduct a portion of the costs of certain depreciable property as a section 179 deduction. Nj 1040nr 2012 A greater portion of these costs can be deducted if the property is qualified disaster assistance property. Nj 1040nr 2012 See Publication 946 for details. Nj 1040nr 2012 Going Into Business The costs of getting started in business, before you actually begin business operations, are capital expenses. Nj 1040nr 2012 These costs may include expenses for advertising, travel, or wages for training employees. Nj 1040nr 2012 If you go into business. Nj 1040nr 2012   When you go into business, treat all costs you had to get your business started as capital expenses. Nj 1040nr 2012   Usually you recover costs for a particular asset through depreciation. Nj 1040nr 2012 Generally, you cannot recover other costs until you sell the business or otherwise go out of business. Nj 1040nr 2012 However, you can choose to amortize certain costs for setting up your business. Nj 1040nr 2012 See Starting a Business in chapter 8 for more information on business start-up costs. Nj 1040nr 2012 If your attempt to go into business is unsuccessful. Nj 1040nr 2012   If you are an individual and your attempt to go into business is not successful, the expenses you had in trying to establish yourself in business fall into two categories. Nj 1040nr 2012 The costs you had before making a decision to acquire or begin a specific business. Nj 1040nr 2012 These costs are personal and nondeductible. Nj 1040nr 2012 They include any costs incurred during a general search for, or preliminary investigation of, a business or investment possibility. Nj 1040nr 2012 The costs you had in your attempt to acquire or begin a specific business. Nj 1040nr 2012 These costs are capital expenses and you can deduct them as a capital loss. Nj 1040nr 2012   If you are a corporation and your attempt to go into a new trade or business is not successful, you may be able to deduct all investigatory costs as a loss. Nj 1040nr 2012   The costs of any assets acquired during your unsuccessful attempt to go into business are a part of your basis in the assets. Nj 1040nr 2012 You cannot take a deduction for these costs. Nj 1040nr 2012 You will recover the costs of these assets when you dispose of them. Nj 1040nr 2012 Business Assets There are many different kinds of business assets; for example, land, buildings, machinery, furniture, trucks, patents, and franchise rights. Nj 1040nr 2012 You must fully capitalize the cost of these assets, including freight and installation charges. Nj 1040nr 2012 Certain property you produce for use in your trade or business must be capitalized under the uniform capitalization rules. Nj 1040nr 2012 See Regulations section 1. Nj 1040nr 2012 263A-2 for information on these rules. Nj 1040nr 2012 Improvements Improvements are generally major expenditures. Nj 1040nr 2012 Some examples are: new electric wiring, a new roof, a new floor, new plumbing, bricking up windows to strengthen a wall, and lighting improvements. Nj 1040nr 2012 The costs of making improvements to a business asset are capital expenses if the improvements add to the value of the asset, appreciably lengthen the time you can use it, or adapt it to a different use. Nj 1040nr 2012 Beginning in 2014, you must capitalize as improvements costs that are for the betterment of a unit of property, restore the unit of property, or adapt the unit of property to a new or different use. Nj 1040nr 2012 Temporary regulations allow you to capitalize costs meeting the above criteria for tax years beginning after 2011. Nj 1040nr 2012 However, you can currently deduct repairs that keep your property in a normal efficient operating condition as a business expense. Nj 1040nr 2012 Treat as repairs amounts paid to replace parts of a machine that only keep it in a normal operating condition. Nj 1040nr 2012 Restoration plan. Nj 1040nr 2012   Capitalize the cost of reconditioning, improving, or altering your property as part of a general restoration plan to make it suitable for your business. Nj 1040nr 2012 This applies even if some of the work would by itself be classified as repairs. Nj 1040nr 2012 Capital versus Deductible Expenses To help you distinguish between capital and deductible expenses, different examples are given below. Nj 1040nr 2012 Motor vehicles. Nj 1040nr 2012   You usually capitalize the cost of a motor vehicle you use in your business. Nj 1040nr 2012 You can recover its cost through annual deductions for depreciation. Nj 1040nr 2012   There are dollar limits on the depreciation you can claim each year on passenger automobiles used in your business. Nj 1040nr 2012 See Publication 463. Nj 1040nr 2012   Generally, repairs you make to your business vehicle are currently deductible. Nj 1040nr 2012 However, amounts you pay to recondition and overhaul a business vehicle are capital expenses and are recovered through depreciation. Nj 1040nr 2012 Roads and driveways. Nj 1040nr 2012    The cost of building a private road on your business property and the cost of replacing a gravel driveway with a concrete one are capital expenses you may be able to depreciate. Nj 1040nr 2012 The cost of maintaining a private road on your business property is a deductible expense. Nj 1040nr 2012 Tools. Nj 1040nr 2012   Unless the uniform capitalization rules apply, amounts spent for tools used in your business are deductible expenses if the tools have a life expectancy of less than 1 year or their cost is minor. Nj 1040nr 2012 Machinery parts. Nj 1040nr 2012   Unless the uniform capitalization rules apply, the cost of replacing short-lived parts of a machine to keep it in good working condition, but not add to its life, is a deductible expense. Nj 1040nr 2012 Heating equipment. Nj 1040nr 2012   The cost of changing from one heating system to another is a capital expense. Nj 1040nr 2012 Personal versus Business Expenses Generally, you cannot deduct personal, living, or family expenses. Nj 1040nr 2012 However, if you have an expense for something that is used partly for business and partly for personal purposes, divide the total cost between the business and personal parts. Nj 1040nr 2012 You can deduct the business part. Nj 1040nr 2012 For example, if you borrow money and use 70% of it for business and the other 30% for a family vacation, you generally can deduct 70% of the interest as a business expense. Nj 1040nr 2012 The remaining 30% is personal interest and generally is not deductible. Nj 1040nr 2012 See chapter 4 for information on deducting interest and the allocation rules. Nj 1040nr 2012 Business use of your home. Nj 1040nr 2012   If you use part of your home for business, you may be able to deduct expenses for the business use of your home. Nj 1040nr 2012 These expenses may include mortgage interest, insurance, utilities, repairs, and depreciation. Nj 1040nr 2012   To qualify to claim expenses for the business use of your home, you must meet both of the following tests. Nj 1040nr 2012 The business part of your home must be used exclusively and regularly for your trade or business. Nj 1040nr 2012 The business part of your home must be: Your principal place of business, or A place where you meet or deal with patients, clients, or customers in the normal course of your trade or business, or A separate structure (not attached to your home) used in connection with your trade or business. Nj 1040nr 2012   You generally do not have to meet the exclusive use test for the part of your home that you regularly use either for the storage of inventory or product samples, or as a daycare facility. Nj 1040nr 2012   Your home office qualifies as your principal place of business if you meet the following requirements. Nj 1040nr 2012 You use the office exclusively and regularly for administrative or management activities of your trade or business. Nj 1040nr 2012 You have no other fixed location where you conduct substantial administrative or management activities of your trade or business. Nj 1040nr 2012   If you have more than one business location, determine your principal place of business based on the following factors. Nj 1040nr 2012 The relative importance of the activities performed at each location. Nj 1040nr 2012 If the relative importance factor does not determine your principal place of business, consider the time spent at each location. Nj 1040nr 2012 Optional safe harbor method. Nj 1040nr 2012   Beginning in 2013, individual taxpayers can use the optional safe harbor method to determine the amount of deductible expenses attributable to certain business use of a residence during the tax year. Nj 1040nr 2012 This method is an alternative to the calculation, allocation, and substantiation of actual expenses. Nj 1040nr 2012   The deduction under the optional method is limited to $1,500 per year based on $5 a square foot for up to 300 square feet. Nj 1040nr 2012 Under this method, you claim your allowable mortgage interest, real estate taxes, and casualty losses on the home as itemized deductions on Schedule A (Form 1040). Nj 1040nr 2012 You are not required to allocate these deductions between personal and business use, as is required under the regular method. Nj 1040nr 2012 If you use the optional method, you cannot depreciate the portion of your home used in a trade or business. Nj 1040nr 2012   Business expenses unrelated to the home, such as advertising, supplies, and wages paid to employees, are still fully deductible. Nj 1040nr 2012 All of the requirements discussed earlier under Business use of your home still apply. Nj 1040nr 2012   For more information on the deduction for business use of your home, including the optional safe harbor method, see Publication 587. Nj 1040nr 2012    If you were entitled to deduct depreciation on the part of your home used for business, you cannot exclude the part of the gain from the sale of your home that equals any depreciation you deducted (or could have deducted) for periods after May 6, 1997. Nj 1040nr 2012 Business use of your car. Nj 1040nr 2012   If you use your car exclusively in your business, you can deduct car expenses. Nj 1040nr 2012 If you use your car for both business and personal purposes, you must divide your expenses based on actual mileage. Nj 1040nr 2012 Generally, commuting expenses between your home and your business location, within the area of your tax home, are not deductible. Nj 1040nr 2012   You can deduct actual car expenses, which include depreciation (or lease payments), gas and oil, tires, repairs, tune-ups, insurance, and registration fees. Nj 1040nr 2012 Or, instead of figuring the business part of these actual expenses, you may be able to use the standard mileage rate to figure your deduction. Nj 1040nr 2012 Beginning in 2013, the standard mileage rate is 56. Nj 1040nr 2012 5 cents per mile. Nj 1040nr 2012   If you are self-employed, you can also deduct the business part of interest on your car loan, state and local personal property tax on the car, parking fees, and tolls, whether or not you claim the standard mileage rate. Nj 1040nr 2012   For more information on car expenses and the rules for using the standard mileage rate, see Publication 463. Nj 1040nr 2012 How Much Can I Deduct? Generally, you can deduct the full amount of a business expense if it meets the criteria of ordinary and necessary and it is not a capital expense. Nj 1040nr 2012 Recovery of amount deducted (tax benefit rule). Nj 1040nr 2012   If you recover part of an expense in the same tax year in which you would have claimed a deduction, reduce your current year expense by the amount of the recovery. Nj 1040nr 2012 If you have a recovery in a later year, include the recovered amount in income in that year. Nj 1040nr 2012 However, if part of the deduction for the expense did not reduce your tax, you do not have to include that part of the recovered amount in income. Nj 1040nr 2012   For more information on recoveries and the tax benefit rule, see Publication 525. Nj 1040nr 2012 Payments in kind. Nj 1040nr 2012   If you provide services to pay a business expense, the amount you can deduct is limited to your out-of-pocket costs. Nj 1040nr 2012 You cannot deduct the cost of your own labor. Nj 1040nr 2012   Similarly, if you pay a business expense in goods or other property, you can deduct only what the property costs you. Nj 1040nr 2012 If these costs are included in the cost of goods sold, do not deduct them again as a business expense. Nj 1040nr 2012 Limits on losses. Nj 1040nr 2012   If your deductions for an investment or business activity are more than the income it brings in, you have a loss. Nj 1040nr 2012 There may be limits on how much of the loss you can deduct. Nj 1040nr 2012 Not-for-profit limits. Nj 1040nr 2012   If you carry on your business activity without the intention of making a profit, you cannot use a loss from it to offset other income. Nj 1040nr 2012 See Not-for-Profit Activities , later. Nj 1040nr 2012 At-risk limits. Nj 1040nr 2012   Generally, a deductible loss from a trade or business or other income-producing activity is limited to the investment you have “at risk” in the activity. Nj 1040nr 2012 You are at risk in any activity for the following. Nj 1040nr 2012 The money and adjusted basis of property you contribute to the activity. Nj 1040nr 2012 Amounts you borrow for use in the activity if: You are personally liable for repayment, or You pledge property (other than property used in the activity) as security for the loan. Nj 1040nr 2012 For more information, see Publication 925. Nj 1040nr 2012 Passive activities. Nj 1040nr 2012   Generally, you are in a passive activity if you have a trade or business activity in which you do not materially participate, or a rental activity. Nj 1040nr 2012 In general, deductions for losses from passive activities only offset income from passive activities. Nj 1040nr 2012 You cannot use any excess deductions to offset other income. Nj 1040nr 2012 In addition, passive activity credits can only offset the tax on net passive income. Nj 1040nr 2012 Any excess loss or credits are carried over to later years. Nj 1040nr 2012 Suspended passive losses are fully deductible in the year you completely dispose of the activity. Nj 1040nr 2012 For more information, see Publication 925. Nj 1040nr 2012 Net operating loss. Nj 1040nr 2012   If your deductions are more than your income for the year, you may have a “net operating loss. Nj 1040nr 2012 ” You can use a net operating loss to lower your taxes in other years. Nj 1040nr 2012 See Publication 536 for more information. Nj 1040nr 2012   See Publication 542 for information about net operating losses of corporations. Nj 1040nr 2012 When Can I Deduct an Expense? When you can deduct an expense depends on your accounting method. Nj 1040nr 2012 An accounting method is a set of rules used to determine when and how income and expenses are reported. Nj 1040nr 2012 The two basic methods are the cash method and the accrual method. Nj 1040nr 2012 Whichever method you choose must clearly reflect income. Nj 1040nr 2012 For more information on accounting methods, see Publication 538. Nj 1040nr 2012 Cash method. Nj 1040nr 2012   Under the cash method of accounting, you generally deduct business expenses in the tax year you pay them. Nj 1040nr 2012 Accrual method. Nj 1040nr 2012   Under an accrual method of accounting, you generally deduct business expenses when both of the following apply. Nj 1040nr 2012 The all-events test has been met. Nj 1040nr 2012 The test is met when: All events have occurred that fix the fact of liability, and The liability can be determined with reasonable accuracy. Nj 1040nr 2012 Economic performance has occurred. Nj 1040nr 2012 Economic performance. Nj 1040nr 2012   You generally cannot deduct or capitalize a business expense until economic performance occurs. Nj 1040nr 2012 If your expense is for property or services provided to you, or for your use of property, economic performance occurs as the property or services are provided, or the property is used. Nj 1040nr 2012 If your expense is for property or services you provide to others, economic performance occurs as you provide the property or services. Nj 1040nr 2012 Example. Nj 1040nr 2012 Your tax year is the calendar year. Nj 1040nr 2012 In December 2013, the Field Plumbing Company did some repair work at your place of business and sent you a bill for $600. Nj 1040nr 2012 You paid it by check in January 2014. Nj 1040nr 2012 If you use the accrual method of accounting, deduct the $600 on your tax return for 2013 because all events have occurred to “fix” the fact of liability (in this case the work was completed), the liability can be determined, and economic performance occurred in that year. Nj 1040nr 2012 If you use the cash method of accounting, deduct the expense on your 2014 return. Nj 1040nr 2012 Prepayment. Nj 1040nr 2012   You generally cannot deduct expenses in advance, even if you pay them in advance. Nj 1040nr 2012 This rule applies to both the cash and accrual methods. Nj 1040nr 2012 It applies to prepaid interest, prepaid insurance premiums, and any other expense paid far enough in advance to, in effect, create an asset with a useful life extending substantially beyond the end of the current tax year. Nj 1040nr 2012 Example. Nj 1040nr 2012 In 2013, you sign a 10-year lease and immediately pay your rent for the first 3 years. Nj 1040nr 2012 Even though you paid the rent for 2013, 2014, and 2015, you can only deduct the rent for 2013 on your 2013 tax return. Nj 1040nr 2012 You can deduct the rent for 2014 and 2015 on your tax returns for those years. Nj 1040nr 2012 Contested liability. Nj 1040nr 2012   Under the cash method, you can deduct a contested liability only in the year you pay the liability. Nj 1040nr 2012 Under the accrual method, you can deduct contested liabilities such as taxes (except foreign or U. Nj 1040nr 2012 S. Nj 1040nr 2012 possession income, war profits, and excess profits taxes) either in the tax year you pay the liability (or transfer money or other property to satisfy the obligation) or in the tax year you settle the contest. Nj 1040nr 2012 However, to take the deduction in the year of payment or transfer, you must meet certain conditions. Nj 1040nr 2012 See Regulations section 1. Nj 1040nr 2012 461-2. Nj 1040nr 2012 Related person. Nj 1040nr 2012   Under an accrual method of accounting, you generally deduct expenses when you incur them, even if you have not yet paid them. Nj 1040nr 2012 However, if you and the person you owe are related and that person uses the cash method of accounting, you must pay the expense before you can deduct it. Nj 1040nr 2012 Your deduction is allowed when the amount is includible in income by the related cash method payee. Nj 1040nr 2012 See Related Persons in Publication 538. Nj 1040nr 2012 Not-for-Profit Activities If you do not carry on your business or investment activity to make a profit, you cannot use a loss from the activity to offset other income. Nj 1040nr 2012 Activities you do as a hobby, or mainly for sport or recreation, are often not entered into for profit. Nj 1040nr 2012 The limit on not-for-profit losses applies to individuals, partnerships, estates, trusts, and S corporations. Nj 1040nr 2012 It does not apply to corporations other than S corporations. Nj 1040nr 2012 In determining whether you are carrying on an activity for profit, several factors are taken into account. Nj 1040nr 2012 No one factor alone is decisive. Nj 1040nr 2012 Among the factors to consider are whether: You carry on the activity in a businesslike manner, The time and effort you put into the activity indicate you intend to make it profitable, You depend on the income for your livelihood, Your losses are due to circumstances beyond your control (or are normal in the start-up phase of your type of business), You change your methods of operation in an attempt to improve profitability, You (or your advisors) have the knowledge needed to carry on the activity as a successful business, You were successful in making a profit in similar activities in the past, The activity makes a profit in some years, and You can expect to make a future profit from the appreciation of the assets used in the activity. Nj 1040nr 2012 Presumption of profit. Nj 1040nr 2012   An activity is presumed carried on for profit if it produced a profit in at least 3 of the last 5 tax years, including the current year. Nj 1040nr 2012 Activities that consist primarily of breeding, training, showing, or racing horses are presumed carried on for profit if they produced a profit in at least 2 of the last 7 tax years, including the current year. Nj 1040nr 2012 The activity must be substantially the same for each year within this period. Nj 1040nr 2012 You have a profit when the gross income from an activity exceeds the deductions. Nj 1040nr 2012   If a taxpayer dies before the end of the 5-year (or 7-year) period, the “test” period ends on the date of the taxpayer's death. Nj 1040nr 2012   If your business or investment activity passes this 3- (or 2-) years-of-profit test, the IRS will presume it is carried on for profit. Nj 1040nr 2012 This means the limits discussed here will not apply. Nj 1040nr 2012 You can take all your business deductions from the activity, even for the years that you have a loss. Nj 1040nr 2012 You can rely on this presumption unless the IRS later shows it to be invalid. Nj 1040nr 2012 Using the presumption later. Nj 1040nr 2012   If you are starting an activity and do not have 3 (or 2) years showing a profit, you can elect to have the presumption made after you have the 5 (or 7) years of experience allowed by the test. Nj 1040nr 2012   You can elect to do this by filing Form 5213. Nj 1040nr 2012 Filing this form postpones any determination that your activity is not carried on for profit until 5 (or 7) years have passed since you started the activity. Nj 1040nr 2012   The benefit gained by making this election is that the IRS will not immediately question whether your activity is engaged in for profit. Nj 1040nr 2012 Accordingly, it will not restrict your deductions. Nj 1040nr 2012 Rather, you will gain time to earn a profit in the required number of years. Nj 1040nr 2012 If you show 3 (or 2) years of profit at the end of this period, your deductions are not limited under these rules. Nj 1040nr 2012 If you do not have 3 (or 2) years of profit, the limit can be applied retroactively to any year with a loss in the 5-year (or 7-year) period. Nj 1040nr 2012   Filing Form 5213 automatically extends the period of limitations on any year in the 5-year (or 7-year) period to 2 years after the due date of the return for the last year of the period. Nj 1040nr 2012 The period is extended only for deductions of the activity and any related deductions that might be affected. Nj 1040nr 2012    You must file Form 5213 within 3 years after the due date of your return (determined without extensions) for the year in which you first carried on the activity, or, if earlier, within 60 days after receiving written notice from the Internal Revenue Service proposing to disallow deductions attributable to the activity. Nj 1040nr 2012 Gross Income Gross income from a not-for-profit activity includes the total of all gains from the sale, exchange, or other disposition of property, and all other gross receipts derived from the activity. Nj 1040nr 2012 Gross income from the activity also includes capital gains and rents received for the use of property which is held in connection with the activity. Nj 1040nr 2012 You can determine gross income from any not-for-profit activity by subtracting the cost of goods sold from your gross receipts. Nj 1040nr 2012 However, if you determine gross income by subtracting cost of goods sold from gross receipts, you must do so consistently, and in a manner that follows generally accepted methods of accounting. Nj 1040nr 2012 Limit on Deductions If your activity is not carried on for profit, take deductions in the following order and only to the extent stated in the three categories. Nj 1040nr 2012 If you are an individual, these deductions may be taken only if you itemize. Nj 1040nr 2012 These deductions may be taken on Schedule A (Form 1040). Nj 1040nr 2012 Category 1. Nj 1040nr 2012   Deductions you can take for personal as well as for business activities are allowed in full. Nj 1040nr 2012 For individuals, all nonbusiness deductions, such as those for home mortgage interest, taxes, and casualty losses, belong in this category. Nj 1040nr 2012 Deduct them on the appropriate lines of Schedule A (Form 1040). Nj 1040nr 2012 For tax years beginning after December 31, 2008, you can deduct a casualty loss on property you own for personal use only to the extent it is more than $500 and exceeds 10% of your adjusted gross income (AGI). Nj 1040nr 2012 The 10% AGI limitation does not apply to net disaster losses resulting from federally declared disasters in 2008 and 2009, and individuals are allowed to claim the net disaster losses even if they do not itemize their deductions. Nj 1040nr 2012 The reduction amount returns to $100 for tax years beginning after December 31, 2009. Nj 1040nr 2012 See Publication 547 for more information on casualty losses. Nj 1040nr 2012 For the limits that apply to home mortgage interest, see Publication 936. Nj 1040nr 2012 Category 2. Nj 1040nr 2012   Deductions that do not result in an adjustment to the basis of property are allowed next, but only to the extent your gross income from the activity is more than your deductions under the first category. Nj 1040nr 2012 Most business deductions, such as those for advertising, insurance premiums, interest, utilities, and wages, belong in this category. Nj 1040nr 2012 Category 3. Nj 1040nr 2012   Business deductions that decrease the basis of property are allowed last, but only to the extent the gross income from the activity exceeds the deductions you take under the first two categories. Nj 1040nr 2012 Deductions for depreciation, amortization, and the part of a casualty loss an individual could not deduct in category (1) belong in this category. Nj 1040nr 2012 Where more than one asset is involved, allocate depreciation and these other deductions proportionally. Nj 1040nr 2012    Individuals must claim the amounts in categories (2) and (3) as miscellaneous deductions on Schedule A (Form 1040). Nj 1040nr 2012 They are subject to the 2%-of-adjusted-gross-income limit. Nj 1040nr 2012 See Publication 529 for information on this limit. Nj 1040nr 2012 Example. Nj 1040nr 2012 Adriana is engaged in a not-for-profit activity. Nj 1040nr 2012 The income and expenses of the activity are as follows. Nj 1040nr 2012 Gross income $3,200 Subtract:     Real estate taxes $700   Home mortgage interest 900   Insurance 400   Utilities 700   Maintenance 200   Depreciation on an automobile 600   Depreciation on a machine 200 3,700 Loss $(500)   Adriana must limit her deductions to $3,200, the gross income she earned from the activity. Nj 1040nr 2012 The limit is reached in category (3), as follows. Nj 1040nr 2012 Limit on deduction $3,200 Category 1: Taxes and interest $1,600   Category 2: Insurance, utilities, and maintenance 1,300 2,900 Available for Category 3 $ 300   The $800 of depreciation is allocated between the automobile and machine as follows. Nj 1040nr 2012 $600 $800 x $300 = $225 depreciation for the automobile             $200 $800 x $300 = $75 depreciation for the machine The basis of each asset is reduced accordingly. Nj 1040nr 2012 Adriana includes the $3,200 of gross income on line 21 (other income) of Form 1040. Nj 1040nr 2012 The $1,600 for category (1) is deductible in full on the appropriate lines for taxes and interest on Schedule A (Form 1040). Nj 1040nr 2012 Adriana deducts the remaining $1,600 ($1,300 for category (2) and $300 for category (3)) as other miscellaneous deductions on Schedule A (Form 1040) subject to the 2%-of-adjusted-gross-income limit. Nj 1040nr 2012 Partnerships and S corporations. Nj 1040nr 2012   If a partnership or S corporation carries on a not-for-profit activity, these limits apply at the partnership or S corporation level. Nj 1040nr 2012 They are reflected in the individual shareholder's or partner's distributive shares. Nj 1040nr 2012 More than one activity. Nj 1040nr 2012   If you have several undertakings, each may be a separate activity or several undertakings may be combined. Nj 1040nr 2012 The following are the most significant facts and circumstances in making this determination. Nj 1040nr 2012 The degree of organizational and economic interrelationship of various undertakings. Nj 1040nr 2012 The business purpose that is (or might be) served by carrying on the various undertakings separately or together in a business or investment setting. Nj 1040nr 2012 The similarity of the undertakings. Nj 1040nr 2012   The IRS will generally accept your characterization if it is supported by facts and circumstances. Nj 1040nr 2012    If you are carrying on two or more different activities, keep the deductions and income from each one separate. Nj 1040nr 2012 Figure separately whether each is a not-for-profit activity. Nj 1040nr 2012 Then figure the limit on deductions and losses separately for each activity that is not for profit. Nj 1040nr 2012 Prev  Up  Next   Home   More Online Publications
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Register to Vote

Find assistance with registering to vote and voting.

Registering to Vote

The U.S. Election Assistance Commission has resources for voters, including voter guides, registration information, voting accessibility, and information for military and overseas voters.

Voter Eligibility

To be eligible to vote, you must be a U.S. citizen. In most states, you must be 18 years old to vote, but some states do allow 17 year olds to vote. States also have their own residency requirements to vote. For additional information about state-specific requirements and voter eligibility, contact your state election office.

How to Register

In almost all states, you can register by mail to vote using the National Mail Voter Registration Form. North Dakota, Wyoming, American Samoa, Guam, Puerto Rico, and the U.S. Virgin Islands do not accept the National Mail Voter Registration Form. New Hampshire accepts it only as a request for an absentee voter mail-in registration form. If you live in one of these states, please check with your state election office to find out how to register to vote.

You may also use the National Mail Voter Registration Form to update your registration if you changed your name, to change your address, or to register with a political party.

You may be able to apply to register to vote in person at the following public facilities:

In some states, you can also register online to vote. To learn if your state offers online voter registration, please contact your state election office.

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State Registration Deadlines

Almost every state has a voter registration deadline. In order to be eligible to vote in the November elections, you must submit the National Mail Voter Registration Form by these deadlines:

  • Alabama – Voter registration is closed during the 10 days before an election. Applications must be postmarked or delivered by the eleventh day prior to the election.
  • Alaska – 30 days before the election
  • Arizona – 29 days before the election
  • Arkansas – 30 days before the election
  • California – 15 days before the election
  • Colorado – 29 days before the election. If the application is received in the mails without a postmark, it must be received within 5 days of the close of registration.
  • Connecticut – 14 days before the election
  • Delaware – The fourth Saturday before a primary or general election, and 10 days before a special election.
  • District of Columbia – 30 days before the election
  • Florida – 29 days before the election
  • Georgia – The fifth Monday before any general primary, general election, or presidential preference primary, or regularly scheduled special election following the Georgia Election Code. If a special  election is scheduled on a date other that those dates prescribed by the Georgia Election Code, registration would close on the fifth day after the call.
  • Hawaii – 30 days before the election
  • Idaho – 25 days before the election
  • Illinois – 28 days before the election
  • Indiana – 29 days before the election
  • Iowa – Must be delivered by 5 PM, 10 days before the election, if it is a state primary or general election; 11 days before all others. Registration forms which are postmarked 15 or more days before an election are considered on time even if received after the deadline. If you fail to meet these deadlines, you can register to vote on election day.
  • Kansas – Postmarked or delivered 21 days before the election.
  • Kentucky – 29 days before the election
  • Louisiana – 30 days before the election
  • Maine – Delivered 21 business days before the election or you can register in-person up to and including election day.
  • Maryland – Delivered by 9 PM, 21 days before the election
  • Massachusetts – 20 days before the election
  • Michigan – 30 days before the election
  • Minnesota – Delivered by 5 PM, 21 days before the election. You can also register at the polling place on election day.
  • Mississippi – 30 days before the election
  • Missouri – 28 days before the election
  • Montana – 30 days before the election
  • Nebraska – The third Friday before the election (or delivered by 6 PM, on the second Friday before the election)
  • Nevada – The deadline for mail-in registration is the fifth Saturday before any primary or general election. In person registration remains available until 9 PM on the third Tuesday preceding any primary or general election. You may register to vote in person only by appearing at the office of the County Clerk/Registrar of Voters.
  • New Hampshire – Town and city clerks will accept the National Mail Voter Registration Form only as a request for their own absentee voter mail-in registration form, which your city or town clerk must receive by 10 days before the election. You can register at the town or city clerk’s office or in-person on election day.
  • New Jersey – 21 days before the election
  • New Mexico – 28 days before the election
  • New York – 25 days before the election
  • North Carolina – Postmarked 25 days before the election or received in the elections office or designated voter registration agency site by 5 PM, 25 days before the election.
  • North Dakota – No voter registration
  • Ohio – 30 days before the election
  • Oklahoma – 25 days before the election
  • Oregon – 21 days before the election
  • Pennsylvania – 30 days before an election or primary
  • Rhode Island – 30 days before the election
  • South Carolina – 30 days before the election
  • South Dakota – Received 15 days before the election
  • Tennessee – 30 days before the election
  • Texas – 30 days before the election
  • Utah – 30 days before the election for mail-in applications and 15 days before the election for walk-in registration at the county clerk’s office
  • Vermont – Delivered to the town clerk before 5 PM, on the Wednesday before the election
  • Virginia – Delivered 22 days before the election
  • Washington – 29 days before the election or 8 days before the election if delivered in person to the local voter registration office
  • West Virginia – 21 days before the election
  • Wisconsin – 20 days before the election or completed in the local voter registration office up to 5 PM or the close of business, whichever is later, on the Friday before the election. You can also register at the polling place on election day.
  • Wyoming – Cannot accept the National Mail Voter Registration Form. You can register in-person, by mail, or at the polls on election day.

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The Nj 1040nr 2012

Nj 1040nr 2012 3. Nj 1040nr 2012   Self-Employment Tax Table of Contents Topics - This chapter discusses: Useful Items - You may want to see: Who Must Pay Self-Employment Tax?Employed by a U. Nj 1040nr 2012 S. Nj 1040nr 2012 Church Effect of Exclusion Members of the Clergy Income From U. Nj 1040nr 2012 S. Nj 1040nr 2012 Possessions Exemption From Social Security and Medicare Taxes Topics - This chapter discusses: Who must pay self-employment tax, and Who is exempt from self-employment tax. Nj 1040nr 2012 Useful Items - You may want to see: Publication 334 Tax Guide for Small Business 517 Social Security and Other Information for Members of the Clergy and Religious Workers Form (and Instructions) Form 1040-PR Planilla para la Declaración de la Contribución Federal sobre el Trabajo por Cuenta Propia Form 1040-SS U. Nj 1040nr 2012 S. Nj 1040nr 2012 Self-Employment Tax Return Form 4361 Application for Exemption From Self-Employment Tax for Use by Ministers, Members of Religious Orders and Christian Science Practitioners Schedule SE (Form 1040) Self-Employment Tax See chapter 7 for information about getting these publications and forms. Nj 1040nr 2012 Who Must Pay Self-Employment Tax? If you are a self-employed U. Nj 1040nr 2012 S. Nj 1040nr 2012 citizen or resident, the rules for paying self-employment tax are generally the same whether you are living in the United States or abroad. Nj 1040nr 2012 The self-employment tax is a social security and Medicare tax on net earnings from self- employment. Nj 1040nr 2012 You must pay self-employment tax if your net earnings from self-employment are at least $400. Nj 1040nr 2012 For 2013, the maximum amount of net earnings from self-employment that is subject to the social security portion of the tax is $113,700. Nj 1040nr 2012 All net earnings are subject to the Medicare portion of the tax. Nj 1040nr 2012 Employed by a U. Nj 1040nr 2012 S. Nj 1040nr 2012 Church If you were employed by a U. Nj 1040nr 2012 S. Nj 1040nr 2012 church or a qualified church-controlled organization that chose exemption from social security and Medicare taxes and you received wages of $108. Nj 1040nr 2012 28 or more from the organization, the amounts paid to you are subject to self-employment tax. Nj 1040nr 2012 However, you can choose to be exempt from social security and Medicare taxes if you are a member of a recognized religious sect. Nj 1040nr 2012 See Publication 517 for more information about church employees and self-employment tax. Nj 1040nr 2012 Effect of Exclusion You must take all of your self-employment income into account in figuring your net earnings from self-employment, even income that is exempt from income tax because of the foreign earned income exclusion. Nj 1040nr 2012 Example. Nj 1040nr 2012 You are in business abroad as a consultant and qualify for the foreign earned income exclusion. Nj 1040nr 2012 Your foreign earned income is $95,000, your business deductions total $27,000, and your net profit is $68,000. Nj 1040nr 2012 You must pay self-employment tax on all of your net profit, including the amount you can exclude from income. Nj 1040nr 2012 Members of the Clergy If you are a member of the clergy, you are treated as self-employed for self-employment tax purposes. Nj 1040nr 2012 Your U. Nj 1040nr 2012 S. Nj 1040nr 2012 self-employment tax is based upon net earnings from self-employment figured without regard to the foreign earned income exclusion or the foreign housing exclusion. Nj 1040nr 2012 You can receive exemption from coverage for your ministerial duties if you conscientiously oppose public insurance due to religious reasons or if you oppose it due to the religious principles of your denomination. Nj 1040nr 2012 You must file Form 4361 to apply for this exemption. Nj 1040nr 2012 This subject is discussed in further detail in Publication 517. Nj 1040nr 2012 Income From U. Nj 1040nr 2012 S. Nj 1040nr 2012 Possessions If you are a U. Nj 1040nr 2012 S. Nj 1040nr 2012 citizen or resident alien and you own and operate a business in Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, or the U. Nj 1040nr 2012 S. Nj 1040nr 2012 Virgin Islands, you must pay tax on your net earnings from self-employment (if they are $400 or more) from those sources. Nj 1040nr 2012 You must pay the self-employment tax whether or not the income is exempt from U. Nj 1040nr 2012 S. Nj 1040nr 2012 income taxes (or whether or not you otherwise must file a U. Nj 1040nr 2012 S. Nj 1040nr 2012 income tax return). Nj 1040nr 2012 Unless your situation is described below, attach Schedule SE (Form 1040) to your U. Nj 1040nr 2012 S. Nj 1040nr 2012 income tax return. Nj 1040nr 2012 If you do not have to file Form 1040 with the United States and you are a resident of any of the U. Nj 1040nr 2012 S. Nj 1040nr 2012 possessions listed in the preceding paragraph, figure your self-employment tax on Form 1040-SS. Nj 1040nr 2012 Residents of Puerto Rico may file the Spanish-language Formulario 1040-PR. Nj 1040nr 2012 If you are not enclosing a check or money order, file your return with the: Department of the Treasury Internal Revenue Service Center Austin, TX 73301-0215 If you are enclosing a check or money order, file your return with the: Department of the Treasury P. Nj 1040nr 2012 O. Nj 1040nr 2012 Box 1303 Charlotte, NC 28201-1303 Exemption From Social Security and Medicare Taxes The United States may reach agreements with foreign countries to eliminate dual coverage and dual contributions (taxes) to social security systems for the same work. Nj 1040nr 2012 See Bilateral Social Security (Totalization) Agreements in chapter 2 under Social Security and Medicare Taxes. Nj 1040nr 2012 As a general rule, self-employed persons who are subject to dual taxation will only be covered by the social security system of the country where they reside. Nj 1040nr 2012 For more information on how any specific agreement affects self-employed persons, contact the United States Social Security Administration, as discussed under Bilateral Social Security (Totalization) Agreements in chapter 2. Nj 1040nr 2012 If your self-employment earnings should be exempt from foreign social security tax and subject only to U. Nj 1040nr 2012 S. Nj 1040nr 2012 self-employment tax, you should request a certificate of coverage from the U. Nj 1040nr 2012 S. Nj 1040nr 2012 Social Security Administration, Office of International Programs. Nj 1040nr 2012 The certificate will establish your exemption from the foreign social security tax. Nj 1040nr 2012 Send the request to the: Social Security Administration Office of International Programs P. Nj 1040nr 2012 O. Nj 1040nr 2012 Box 17741 Baltimore, MD 21235-7741 Prev  Up  Next   Home   More Online Publications