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Taxact 2011 free Publication 597 - Main Content Table of Contents Application of Treaty Personal Services Pensions, Annuities, Social Security, and AlimonyRoth IRAs. Taxact 2011 free Tax-deferred plans. Taxact 2011 free Investment Income From Canadian Sources Other Income Charitable ContributionsQualified charities. Taxact 2011 free Income Tax Credits Competent Authority Assistance How To Get Tax HelpText of Treaty U. Taxact 2011 free S. Taxact 2011 free Taxation Canadian Taxation Application of Treaty The benefits of the income tax treaty are generally provided on the basis of residence for income tax purposes. Taxact 2011 free That is, a person who is recognized as a resident of the United States who has income from Canada, will often pay less income tax to Canada on that income than if no treaty was in effect. Taxact 2011 free Article IV provides definitions of residents of Canada and the United States, and provides specific criteria for applying the treaty in cases where a taxpayer is considered by both countries to be a resident. Taxact 2011 free Saving clause. Taxact 2011 free   In most instances, a treaty does not affect the right of a country to tax its own residents (including those who are U. Taxact 2011 free S. Taxact 2011 free citizens) or of the United States to tax its residents or citizens (including U. Taxact 2011 free S. Taxact 2011 free citizens who are residents of the foreign country). Taxact 2011 free This provision is known as the “saving clause. Taxact 2011 free ”   For example, an individual who is a U. Taxact 2011 free S. Taxact 2011 free citizen and a resident of Canada may have dividend income from a U. Taxact 2011 free S. Taxact 2011 free corporation. Taxact 2011 free The treaty provides a maximum rate of 15% on dividends received by a resident of Canada from sources in the United States. Taxact 2011 free Even though a resident of Canada, the individual is a U. Taxact 2011 free S. Taxact 2011 free citizen and the saving clause overrides the treaty article that limits the U. Taxact 2011 free S. Taxact 2011 free tax to 15%. Taxact 2011 free    Exceptions to the saving clause can be found in Article XXIX, paragraph 3. Taxact 2011 free Treaty-based position. Taxact 2011 free   If you take the position that any U. Taxact 2011 free S. Taxact 2011 free tax is overruled or otherwise reduced by a U. Taxact 2011 free S. Taxact 2011 free treaty (a treaty-based position), you generally must disclose that position on Form 8833, Treaty-Based Return Position Disclosure Under Section 6114 or 7701(b), and attach it to your return. Taxact 2011 free Personal Services A U. Taxact 2011 free S. Taxact 2011 free citizen or resident who is temporarily present in Canada during the tax year is exempt from Canadian income taxes on pay for services performed, or remittances received from the United States, if the citizen or resident qualifies under one of the treaty exemption provisions set out below. Taxact 2011 free Income from employment (Article XV). Taxact 2011 free   Income U. Taxact 2011 free S. Taxact 2011 free residents receive for the performance of dependent personal services in Canada (except as public entertainers) is exempt from Canadian tax if it is not more than $10,000 in Canadian currency for the year. Taxact 2011 free If it is more than $10,000 for the year, it is exempt only if: The residents are present in Canada for no more than 183 days in any 12-month period beginning or ending in the year concerned, and The income is not paid by, or on behalf of, a Canadian resident and is not borne by a permanent establishment in Canada. Taxact 2011 free    Whether there is a permanent establishment in Canada is determined by the rules set forth in Article V. Taxact 2011 free Example. Taxact 2011 free You are a U. Taxact 2011 free S. Taxact 2011 free resident employed under an 8-month contract with a Canadian firm to install equipment in their Montreal plant. Taxact 2011 free During the calendar year you were physically present in Canada for 179 days and were paid $16,500 (Canadian) for your services. Taxact 2011 free Although you were in Canada for not more than 183 days during the year, your income is not exempt from Canadian income tax because it was paid by a Canadian resident and was more than $10,000 (Canadian) for the year. Taxact 2011 free Pay received by a U. Taxact 2011 free S. Taxact 2011 free resident for work regularly done in more than one country as an employee on a ship, aircraft, motor vehicle, or train operated by a U. Taxact 2011 free S. Taxact 2011 free resident is exempt from Canadian tax. Taxact 2011 free Income from self-employment (Article VII). Taxact 2011 free   Income from services performed (other than those performed as an employee) are taxed in Canada if they are attributable to a permanent establishment in Canada. Taxact 2011 free This income is treated as business profits, and deductions similar to those allowed under U. Taxact 2011 free S. Taxact 2011 free law are allowable. Taxact 2011 free   If you carry on (or have carried on) business in both Canada and the United States, the business profits are attributable to each country based on the profits that the permanent establishment might be expected to make if it were a distinct and separate person engaged in the same or similar activities. Taxact 2011 free The business profits attributable to the permanent establishment include only those profits derived from assets used, risks assumed, and activities performed by the permanent establishment. Taxact 2011 free   You may be considered to have a permanent establishment if you meet certain conditions. Taxact 2011 free For more information, see Article V (Permanent Establishment) and Article VII (Business Profits). Taxact 2011 free Public entertainers (Article XVI). Taxact 2011 free   The provisions under income from employment or income from self-employment do not apply to public entertainers (such as theater, motion picture, radio, or television artistes, musicians, or athletes) from the United States who receive more than $15,000 in gross receipts in Canadian currency, including reimbursed expenses, from their entertainment activities in Canada during the calendar year. Taxact 2011 free However, this provision for public entertainers does not apply (and the other provisions will apply) to athletes participating in team sports in leagues with regularly scheduled games in both the United States and Canada. Taxact 2011 free Compensation paid by the U. Taxact 2011 free S. Taxact 2011 free Government (Article XIX). Taxact 2011 free   Wages, salaries, and similar income (other than pensions) paid to a U. Taxact 2011 free S. Taxact 2011 free citizen by the United States or any of its agencies, instrumentalities, or political subdivisions for discharging governmental functions are exempt from Canadian income tax. Taxact 2011 free   The exemption does not apply to pay for services performed in connection with any trade or business carried on for profit by the United States, or any of its agencies, instrumentalities, or political subdivisions. Taxact 2011 free Students and apprentices (Article XX). Taxact 2011 free   A full-time student, apprentice, or business trainee who is in Canada to study or acquire business experience is exempt from Canadian income tax on remittances received from any source outside Canada for maintenance, education, or training. Taxact 2011 free The recipient must be or must have been a U. Taxact 2011 free S. Taxact 2011 free resident immediately before visiting Canada. Taxact 2011 free   An apprentice or business trainee can claim this exemption only for a period of one year from the date the individual first arrived in Canada for the purpose of training. Taxact 2011 free Pensions, Annuities, Social Security, and Alimony Under Article XVIII, pensions and annuities from Canadian sources paid to U. Taxact 2011 free S. Taxact 2011 free residents are subject to tax by Canada, but the tax is limited to 15% of the gross amount (if a periodic pension payment) or of the taxable amount (if an annuity). Taxact 2011 free Canadian pensions and annuities paid to U. Taxact 2011 free S. Taxact 2011 free residents may be taxed by the United States, but the amount of any pension included in income for U. Taxact 2011 free S. Taxact 2011 free tax purposes may not be more than the amount that would be included in income in Canada if the recipient were a Canadian resident. Taxact 2011 free Pensions. Taxact 2011 free   A pension includes any payment under a pension or other retirement arrangement, Armed Forces retirement pay, war veterans pensions and allowances, and payments under a sickness, accident, or disability plan. Taxact 2011 free It includes pensions paid by private employers and the government for services rendered. Taxact 2011 free   Pensions also include payments from individual retirement arrangements (IRAs) in the United States, registered retirement savings plans (RRSPs) and registered retirement income funds (RRIFs) in Canada. Taxact 2011 free   Pensions do not include social security benefits. Taxact 2011 free Roth IRAs. Taxact 2011 free   A distribution from a Roth IRA is exempt from Canadian tax to the extent it would be exempt from U. Taxact 2011 free S. Taxact 2011 free tax if paid to a U. Taxact 2011 free S. Taxact 2011 free resident. Taxact 2011 free In addition, you may elect to defer any tax in Canada on income accrued within the Roth IRA but not distributed by the Roth IRA. Taxact 2011 free However, you cannot defer tax on any accruals due to contributions made after you become a Canadian resident. Taxact 2011 free Tax-deferred plans. Taxact 2011 free   Generally, income that accrues in a Canadian RRSP or RRIF is subject to U. Taxact 2011 free S. Taxact 2011 free tax, even if it is not distributed. Taxact 2011 free However, a U. Taxact 2011 free S. Taxact 2011 free citizen or resident can elect to defer U. Taxact 2011 free S. Taxact 2011 free tax on income from the plan until the income is distributed. Taxact 2011 free Form 8891 is used to make the election. Taxact 2011 free Annuities. Taxact 2011 free    An annuity is a stated sum payable periodically at stated times, during life, or during a specified number of years, under an obligation to make the payments in return for adequate and full consideration (other than services rendered). Taxact 2011 free Annuities do not include: Non-periodic payments, or An annuity the cost of which was deductible for tax purposes. Taxact 2011 free Special rules. Taxact 2011 free    Special rules apply to pensions and annuities with respect to: Short-term assignments, Cross-border commuters, and Individuals who participate in a Canadian qualifying plan. Taxact 2011 free Generally, distributions in such cases are deemed to be earned in the country in which the plan is established, without regard to where the services were rendered. Taxact 2011 free Social security benefits. Taxact 2011 free   U. Taxact 2011 free S. Taxact 2011 free social security benefits paid to a resident of Canada are taxed in Canada as if they were benefits under the Canada Pension Plan, except that 15% of the amount of the benefit is exempt from Canadian tax. Taxact 2011 free Alimony. Taxact 2011 free   Alimony and similar amounts (including child support payments) from Canadian sources paid to U. Taxact 2011 free S. Taxact 2011 free residents are exempt from Canadian tax. Taxact 2011 free For purposes of U. Taxact 2011 free S. Taxact 2011 free tax, these amounts are excluded from income to the same extent they would be excluded from income in Canada if the recipient was a Canadian resident. Taxact 2011 free Investment Income From Canadian Sources The treaty provides beneficial treatment for certain items of Canadian source income that result from an investment of capital. Taxact 2011 free Dividends (Article X). Taxact 2011 free   For Canadian source dividends received by U. Taxact 2011 free S. Taxact 2011 free residents, the Canadian income tax generally may not be more than 15%. Taxact 2011 free   A 5% rate applies to intercorporate dividends paid from a subsidiary to a parent corporation owning at least 10% of the subsidiary's voting stock. Taxact 2011 free However, a 10% rate applies if the payer of the dividend is a nonresident-owned Canadian investment corporation. Taxact 2011 free   These rates do not apply if the owner of the dividends carries on, or has carried on, a business in Canada through a permanent establishment and the holding on which the income is paid is effectively connected with that permanent establishment. Taxact 2011 free Interest (Article XI). Taxact 2011 free   Generally, Canadian source interest received by U. Taxact 2011 free S. Taxact 2011 free residents is exempt from Canadian income tax. Taxact 2011 free   The exemption does not apply if the owner of the interest carries on, or has carried on, a business in Canada through a permanent establishment and the debt on which the income is paid is effectively connected with that permanent establishment. Taxact 2011 free Gains from the sale of property (Article XIII). Taxact 2011 free   Generally, gains from the sale of personal property by a U. Taxact 2011 free S. Taxact 2011 free resident having no permanent establishment in Canada are exempt from Canadian income tax. Taxact 2011 free However, the exemption from Canadian tax does not apply to gains realized by U. Taxact 2011 free S. Taxact 2011 free residents on Canadian real property, and on personal property belonging to a permanent establishment in Canada. Taxact 2011 free   If the property subject to Canadian tax is a capital asset and was owned by the U. Taxact 2011 free S. Taxact 2011 free resident on September 26, 1980, not as part of the business property of a permanent establishment in Canada, generally the taxable gain is limited to the appreciation after 1984. Taxact 2011 free Royalties (Article XII). Taxact 2011 free   The following are exempt from Canadian tax: Copyright royalties and other like payments for the production or reproduction of any literary, dramatic, musical, or artistic work (other than payments for motion pictures and works on film, videotape, or other means of reproduction for use in connection with television, which may be taxed at 10%), Payments for the use of, or the right to use, computer software, Payments for the use of, or the right to use, any patent or any information concerning industrial, commercial, or scientific experience (but not within a rental or franchise agreement), and Payments for broadcasting as agreed to in an exchange of notes between the countries. Taxact 2011 free   This rate or exemption does not apply if the owner of the royalties carries on, or has carried on, a business in Canada through a permanent establishment and the right or property on which the income is paid is effectively connected with that permanent establishment. Taxact 2011 free   This exemption (or lower rate) does not apply to royalties to explore for or to exploit mineral deposits, timber, and other natural resources. Taxact 2011 free Other Income Generally, Canadian source income that is not specifically mentioned in the treaty, may be taxed by Canada. Taxact 2011 free Gambling losses. Taxact 2011 free   Canadian residents may deduct gambling losses in the U. Taxact 2011 free S. Taxact 2011 free against gambling winnings in the U. Taxact 2011 free S. Taxact 2011 free in the same manner as a U. Taxact 2011 free S. Taxact 2011 free resident. Taxact 2011 free Charitable Contributions United States income tax return. Taxact 2011 free   Under Article XXI, you may deduct contributions to certain qualified Canadian charitable organizations on your United States income tax return. Taxact 2011 free Besides being subject to the overall limits applicable to all your charitable contributions under U. Taxact 2011 free S. Taxact 2011 free tax law, your charitable contributions to Canadian organizations (other than contributions to a college or university at which you or a member of your family is or was enrolled) are subject to the U. Taxact 2011 free S. Taxact 2011 free percentage limits on charitable contributions, applied to your Canadian source income. Taxact 2011 free If your return does not include gross income from Canadian sources, charitable contributions to Canadian organizations are generally not deductible. Taxact 2011 free Example. Taxact 2011 free You are a U. Taxact 2011 free S. Taxact 2011 free citizen living in Canada. Taxact 2011 free You have both U. Taxact 2011 free S. Taxact 2011 free and Canadian source income. Taxact 2011 free During your tax year, you contribute to Canadian organizations that would qualify as charitable organizations under U. Taxact 2011 free S. Taxact 2011 free tax law if they were U. Taxact 2011 free S. Taxact 2011 free organizations. Taxact 2011 free To figure the maximum amount of the contribution to Canadian organizations that you can deduct on your U. Taxact 2011 free S. Taxact 2011 free income tax return, multiply your adjusted gross income from Canadian sources by the percentage limit that applies to contributions under U. Taxact 2011 free S. Taxact 2011 free income tax law. Taxact 2011 free Then include this amount on your return along with all your domestic charitable contributions, subject to the appropriate percentage limit required for contributions under U. Taxact 2011 free S. Taxact 2011 free income tax law. Taxact 2011 free The appropriate percentage limit for U. Taxact 2011 free S. Taxact 2011 free tax purposes is applied to your total adjusted gross income from all sources. Taxact 2011 free Qualified charities. Taxact 2011 free   These Canadian organizations must meet the qualifications that a U. Taxact 2011 free S. Taxact 2011 free charitable organization must meet under U. Taxact 2011 free S. Taxact 2011 free tax law. Taxact 2011 free Usually an organization will notify you if it qualifies. Taxact 2011 free For further information on charitable contributions and the U. Taxact 2011 free S. Taxact 2011 free percentage limits, see Publication 526, Charitable Contributions. Taxact 2011 free Canadian income tax return. Taxact 2011 free   Under certain conditions, contributions to qualified U. Taxact 2011 free S. Taxact 2011 free charitable organizations may also be claimed on your Canadian income tax return if you are a Canadian resident. Taxact 2011 free Income Tax Credits The treaty contains a credit provision (Article XXIV) for the elimination of double taxation. Taxact 2011 free In general, the United States and Canada both allow a credit against their income tax for the income tax paid to the other country on income from sources in that other country. Taxact 2011 free For detailed discussions of the U. Taxact 2011 free S. Taxact 2011 free income tax treatment of tax paid to foreign countries, see Publication 514, Foreign Tax Credit for Individuals. Taxact 2011 free See paragraphs (4) and (5) of Article XXIV for certain provisions that affect the computation of the credit allowed by the United States for Canadian income taxes paid by U. Taxact 2011 free S. Taxact 2011 free citizens residing in Canada. Taxact 2011 free Competent Authority Assistance Under Article XXVI, a U. Taxact 2011 free S. Taxact 2011 free citizen or resident may request assistance from the U. Taxact 2011 free S. Taxact 2011 free competent authority when the actions of Canada, the United States, or both, potentially result in double taxation or taxation contrary to the treaty. Taxact 2011 free The U. Taxact 2011 free S. Taxact 2011 free competent authority may then consult with the Canadian competent authority to determine if the double taxation or denial of treaty benefits in question can be avoided. Taxact 2011 free If the competent authorities are not able to reach agreement in a case, binding arbitration proceedings may apply. Taxact 2011 free It is important that your request for competent authority assistance be made as soon as you have been notified by either Canada or the United States of proposed adjustments that would result in denial of treaty benefits or in double taxation. Taxact 2011 free This is so that implementation of any agreement reached by the competent authorities is not barred by administrative, legal, or procedural barriers. Taxact 2011 free For information that you should include with your request for competent authority assistance, see Revenue Procedure 2006-54, 2006-49 IRB 1035, available at www. Taxact 2011 free irs. Taxact 2011 free gov/irb/2006-49_IRB/ar13. Taxact 2011 free html. Taxact 2011 free The request should be addressed to:  Deputy Commissioner (International) Large Business and International Division Attn: Office of Tax Treaty  Internal Revenue Service 1111 Constitution Ave. Taxact 2011 free , NW Routing: MA3-322A Washington, D. Taxact 2011 free C. Taxact 2011 free 20024 In addition to a timely request for assistance, you should take the following measures: File a timely protective claim for credit or refund of U. Taxact 2011 free S. Taxact 2011 free taxes on Form 1040X, Form 1120X, or amended Form 1041, whichever is appropriate. Taxact 2011 free This will, among other things, give you the benefit of a foreign tax credit in case you do not qualify for the treaty benefit in question. Taxact 2011 free For figuring this credit, attach either Form 1116, Foreign Tax Credit (Individual, Estate, or Trust), or Form 1118, Foreign Tax Credit — Corporations, as appropriate. Taxact 2011 free Attach your protective claim to your request for competent authority assistance. Taxact 2011 free Take appropriate action under Canadian procedures to avoid the lapse or termination of your right of appeal under Canadian income tax law. Taxact 2011 free How To Get Tax Help You can get help with unresolved tax issues, order free publications and forms, ask tax questions, and get information from the IRS and the Canada Revenue Agency in several ways. Taxact 2011 free Text of Treaty You can get the text of the U. Taxact 2011 free S. Taxact 2011 free —Canada income tax treaty from: Superintendent of Documents U. Taxact 2011 free S. Taxact 2011 free Government Printing Office P. Taxact 2011 free O. Taxact 2011 free Box 371954 Pittsburgh, PA 15250-7954 The treaty can also be found on the Internet at IRS. Taxact 2011 free gov. Taxact 2011 free U. Taxact 2011 free S. Taxact 2011 free Taxation During the filing season, the IRS conducts a taxpayer assistance program in Canada. Taxact 2011 free To find out if IRS personnel will be in your area, you should contact the consular office at the nearest U. Taxact 2011 free S. Taxact 2011 free Embassy or consulate. Taxact 2011 free Mail. Taxact 2011 free For answers to technical or account questions, you can write to:   Internal Revenue Service International Section Philadelphia, PA 19255-0525 Phone. Taxact 2011 free You can call the IRS for help at (267) 941-1000 (not a toll-free call). Taxact 2011 free Canadian Taxation You can get information on Canadian taxation from the Canada Revenue Agency. Taxact 2011 free The International Tax Services Office can be contacted on 1-800-267-5177 (from anywhere in Canada and the U. Taxact 2011 free S. Taxact 2011 free ) or on the Internet at www. Taxact 2011 free cra-arc. Taxact 2011 free gc. Taxact 2011 free ca. Taxact 2011 free Prev  Up  Next   Home   More Online Publications
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Taxact 2011 free Publication 3402 - Introductory Material Table of Contents Reminder IntroductionOrdering forms and publications. Taxact 2011 free Tax questions. Taxact 2011 free Useful Items - You may want to see: Reminder Photographs of missing children. Taxact 2011 free  The Internal Revenue Service is a proud partner with the National Center for Missing and Exploited Children. Taxact 2011 free Photographs of missing children selected by the Center may appear in this publication on pages that would otherwise be blank. Taxact 2011 free You can help bring these children home by looking at the photographs and calling 1-800-THE-LOST (1-800-843-5678) if you recognize a child. Taxact 2011 free Introduction This publication provides federal income, employment, and excise tax information for limited liability companies. Taxact 2011 free This publication does not address state law governing the formation, operation, or termination of limited liability companies. Taxact 2011 free This publication does not address any state taxes. Taxact 2011 free Comments and suggestions. Taxact 2011 free   We welcome your comments about this publication and your suggestions for future editions. Taxact 2011 free   You can write to us at the following address: Internal Revenue Service Business Forms and Publications Branch SE:W:CAR:MP:T:B 1111 Constitution Ave. Taxact 2011 free NW, IR–6526 Washington, DC 20224   We respond to many letters by telephone. Taxact 2011 free Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your correspondence. Taxact 2011 free   You can email us at *taxforms@irs. Taxact 2011 free gov. Taxact 2011 free (The asterisk must be included in the address. Taxact 2011 free ) Please put “Publications Comment” on the subject line. Taxact 2011 free Although we cannot respond individually to each email, we do appreciate your feedback and will consider your comments as we revise our tax products. Taxact 2011 free Ordering forms and publications. Taxact 2011 free   Visit www. Taxact 2011 free irs. Taxact 2011 free gov/formspubs to download forms and publications, call 1-800-829-3676, or write to the address below and receive a response within 10 days after your request is received. Taxact 2011 free Internal Revenue Service1201 N. Taxact 2011 free Mitsubishi MotorwayBloomington, IL 61705-6613 Tax questions. Taxact 2011 free   If you have a tax question, check the information available on www. Taxact 2011 free irs. Taxact 2011 free gov or call 1-800-829-1040. Taxact 2011 free We cannot answer tax questions sent to either of the above addresses. Taxact 2011 free Useful Items - You may want to see: Publication 15 (Circular E), Employer's Tax Guide 334 Tax Guide for Small Business 505 Tax Withholding and Estimated Tax 535 Business Expenses 541 Partnerships 542 Corporations 544 Sales and Other Dispositions of Assets 583 Starting a Business and Keeping Records 925 Passive Activity and At-Risk Rules Form (and Instructions) 1065 U. Taxact 2011 free S. Taxact 2011 free Return of Partnership Income 1120 U. Taxact 2011 free S. Taxact 2011 free Corporation Income Tax Return 1120S U. Taxact 2011 free S. Taxact 2011 free Income Tax Return for an S Corporation 2553 Election by a Small Business Corporation 8832 Entity Classification Election See How To Get More Information near the end of this publication for information about getting publications and forms. Taxact 2011 free Prev  Up  Next   Home   More Online Publications