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1040nr 2011

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1040nr 2011

1040nr 2011 5. 1040nr 2011   Personal Use of Dwelling Unit (Including Vacation Home) Table of Contents Dividing Expenses Dwelling Unit Used as a HomeMain home. 1040nr 2011 Shared equity financing agreement. 1040nr 2011 Donation of use of the property. 1040nr 2011 Examples. 1040nr 2011 Days used for repairs and maintenance. 1040nr 2011 Days used as a main home before or after renting. 1040nr 2011 Reporting Income and DeductionsNot used as a home. 1040nr 2011 Used as a home but rented less than 15 days. 1040nr 2011 Used as a home and rented 15 days or more. 1040nr 2011 If you have any personal use of a dwelling unit (including a vacation home) that you rent, you must divide your expenses between rental use and personal use. 1040nr 2011 In general, your rental expenses will be no more than your total expenses multiplied by a fraction; the denominator of which is the total number of days the dwelling unit is used and the numerator of which is the total number of days actually rented at a fair rental price. 1040nr 2011 Only your rental expenses may deducted on Schedule E (Form 1040). 1040nr 2011 Some of your personal expenses may be deductible if you itemize your deductions on Schedule A (Form 1040). 1040nr 2011 You must also determine if the dwelling unit is considered a home. 1040nr 2011 The amount of rental expenses that you can deduct may be limited if the dwelling unit is considered a home. 1040nr 2011 Whether a dwelling unit is considered a home depends on how many days during the year are considered to be days of personal use. 1040nr 2011 There is a special rule if you used the dwelling unit as a home and you rented it for less than 15 days during the year. 1040nr 2011 Dwelling unit. 1040nr 2011   A dwelling unit includes a house, apartment, condominium, mobile home, boat, vacation home, or similar property. 1040nr 2011 It also includes all structures or other property belonging to the dwelling unit. 1040nr 2011 A dwelling unit has basic living accommodations, such as sleeping space, a toilet, and cooking facilities. 1040nr 2011   A dwelling unit does not include property (or part of the property) used solely as a hotel, motel, inn, or similar establishment. 1040nr 2011 Property is used solely as a hotel, motel, inn, or similar establishment if it is regularly available for occupancy by paying customers and is not used by an owner as a home during the year. 1040nr 2011 Example. 1040nr 2011 You rent a room in your home that is always available for short-term occupancy by paying customers. 1040nr 2011 You do not use the room yourself and you allow only paying customers to use the room. 1040nr 2011 This room is used solely as a hotel, motel, inn, or similar establishment and is not a dwelling unit. 1040nr 2011 Dividing Expenses If you use a dwelling unit for both rental and personal purposes, divide your expenses between the rental use and the personal use based on the number of days used for each purpose. 1040nr 2011 When dividing your expenses, follow these rules. 1040nr 2011 Any day that the unit is rented at a fair rental price is a day of rental use even if you used the unit for personal purposes that day. 1040nr 2011 (This rule does not apply when determining whether you used the unit as a home. 1040nr 2011 ) Any day that the unit is available for rent but not actually rented is not a day of rental use. 1040nr 2011 Fair rental price. 1040nr 2011   A fair rental price for your property generally is the amount of rent that a person who is not related to you would be willing to pay. 1040nr 2011 The rent you charge is not a fair rental price if it is substantially less than the rents charged for other properties that are similar to your property in your area. 1040nr 2011   Ask yourself the following questions when comparing another property with yours. 1040nr 2011 Is it used for the same purpose? Is it approximately the same size? Is it in approximately the same condition? Does it have similar furnishings? Is it in a similar location? If any of the answers are no, the properties probably are not similar. 1040nr 2011 Example. 1040nr 2011 Your beach cottage was available for rent from June 1 through August 31 (92 days). 1040nr 2011 Except for the first week in August (7 days), when you were unable to find a renter, you rented the cottage at a fair rental price during that time. 1040nr 2011 The person who rented the cottage for July allowed you to use it over the weekend (2 days) without any reduction in or refund of rent. 1040nr 2011 Your family also used the cottage during the last 2 weeks of May (14 days). 1040nr 2011 The cottage was not used at all before May 17 or after August 31. 1040nr 2011 You figure the part of the cottage expenses to treat as rental expenses as follows. 1040nr 2011 The cottage was used for rental a total of 85 days (92 − 7). 1040nr 2011 The days it was available for rent but not rented (7 days) are not days of rental use. 1040nr 2011 The July weekend (2 days) you used it is rental use because you received a fair rental price for the weekend. 1040nr 2011 You used the cottage for personal purposes for 14 days (the last 2 weeks in May). 1040nr 2011 The total use of the cottage was 99 days (14 days personal use + 85 days rental use). 1040nr 2011 Your rental expenses are 85/99 (86%) of the cottage expenses. 1040nr 2011 Note. 1040nr 2011 When determining whether you used the cottage as a home, the July weekend (2 days) you used it is considered personal use even though you received a fair rental price for the weekend. 1040nr 2011 Therefore, you had 16 days of personal use and 83 days of rental use for this purpose. 1040nr 2011 Because you used the cottage for personal purposes more than 14 days and more than 10% of the days of rental use (8 days), you used it as a home. 1040nr 2011 If you have a net loss, you may not be able to deduct all of the rental expenses. 1040nr 2011 See Dwelling Unit Used as a Home, next. 1040nr 2011 Dwelling Unit Used as a Home If you use a dwelling unit for both rental and personal purposes, the tax treatment of the rental expenses you figured earlier under Dividing Expenses and rental income depends on whether you are considered to be using the dwelling unit as a home. 1040nr 2011 You use a dwelling unit as a home during the tax year if you use it for personal purposes more than the greater of: 14 days, or 10% of the total days it is rented to others at a fair rental price. 1040nr 2011 See What is a day of personal use , later. 1040nr 2011 If a dwelling unit is used for personal purposes on a day it is rented at a fair rental price (discussed earlier), do not count that day as a day of rental use in applying (2) above. 1040nr 2011 Instead, count it as a day of personal use in applying both (1) and (2) above. 1040nr 2011 What is a day of personal use?   A day of personal use of a dwelling unit is any day that the unit is used by any of the following persons. 1040nr 2011 You or any other person who owns an interest in it, unless you rent it to another owner as his or her main home under a shared equity financing agreement (defined later). 1040nr 2011 However, see Days used as a main home before or after renting , later. 1040nr 2011 A member of your family or a member of the family of any other person who owns an interest in it, unless the family member uses the dwelling unit as his or her main home and pays a fair rental price. 1040nr 2011 Family includes only your spouse, brothers and sisters, half-brothers and half-sisters, ancestors (parents, grandparents, etc. 1040nr 2011 ), and lineal descendants (children, grandchildren, etc. 1040nr 2011 ). 1040nr 2011 Anyone under an arrangement that lets you use some other dwelling unit. 1040nr 2011 Anyone at less than a fair rental price. 1040nr 2011 Main home. 1040nr 2011   If the other person or member of the family in (1) or (2) above has more than one home, his or her main home is ordinarily the one he or she lived in most of the time. 1040nr 2011 Shared equity financing agreement. 1040nr 2011   This is an agreement under which two or more persons acquire undivided interests for more than 50 years in an entire dwelling unit, including the land, and one or more of the co-owners is entitled to occupy the unit as his or her main home upon payment of rent to the other co-owner or owners. 1040nr 2011 Donation of use of the property. 1040nr 2011   You use a dwelling unit for personal purposes if: You donate the use of the unit to a charitable organization, The organization sells the use of the unit at a fund-raising event, and The “purchaser” uses the unit. 1040nr 2011 Examples. 1040nr 2011   The following examples show how to determine if you have days of personal use. 1040nr 2011 Example 1. 1040nr 2011 You and your neighbor are co-owners of a condominium at the beach. 1040nr 2011 Last year, you rented the unit to vacationers whenever possible. 1040nr 2011 The unit was not used as a main home by anyone. 1040nr 2011 Your neighbor used the unit for 2 weeks last year; you did not use it at all. 1040nr 2011 Because your neighbor has an interest in the unit, both of you are considered to have used the unit for personal purposes during those 2 weeks. 1040nr 2011 Example 2. 1040nr 2011 You and your neighbors are co-owners of a house under a shared equity financing agreement. 1040nr 2011 Your neighbors live in the house and pay you a fair rental price. 1040nr 2011 Even though your neighbors have an interest in the house, the days your neighbors live there are not counted as days of personal use by you. 1040nr 2011 This is because your neighbors rent the house as their main home under a shared equity financing agreement. 1040nr 2011 Example 3. 1040nr 2011 You own a rental property that you rent to your son. 1040nr 2011 Your son does not own any interest in this property. 1040nr 2011 He uses it as his main home and pays you a fair rental price. 1040nr 2011 Your son's use of the property is not personal use by you because your son is using it as his main home, he owns no interest in the property, and he is paying you a fair rental price. 1040nr 2011 Example 4. 1040nr 2011 You rent your beach house to Rosa. 1040nr 2011 Rosa rents her cabin in the mountains to you. 1040nr 2011 You each pay a fair rental price. 1040nr 2011 You are using your beach house for personal purposes on the days that Rosa uses it because your house is used by Rosa under an arrangement that allows you to use her cabin. 1040nr 2011 Example 5. 1040nr 2011 You rent an apartment to your mother at less than a fair rental price. 1040nr 2011 You are using the apartment for personal purposes on the days that your mother rents it because you rent it for less than a fair rental price. 1040nr 2011 Days used for repairs and maintenance. 1040nr 2011   Any day that you spend working substantially full time repairing and maintaining (not improving) your property is not counted as a day of personal use. 1040nr 2011 Do not count such a day as a day of personal use even if family members use the property for recreational purposes on the same day. 1040nr 2011 Example. 1040nr 2011 Corey owns a cabin in the mountains that he rents for most of the year. 1040nr 2011 He spends a week at the cabin with family members. 1040nr 2011 Corey works on maintenance of the cabin 3 or 4 hours each day during the week and spends the rest of the time fishing, hiking, and relaxing. 1040nr 2011 Corey's family members, however, work substantially full time on the cabin each day during the week. 1040nr 2011 The main purpose of being at the cabin that week is to do maintenance work. 1040nr 2011 Therefore, the use of the cabin during the week by Corey and his family will not be considered personal use by Corey. 1040nr 2011 Days used as a main home before or after renting. 1040nr 2011   For purposes of determining whether a dwelling unit was used as a home, you may not have to count days you used the property as your main home before or after renting it or offering it for rent as days of personal use. 1040nr 2011 Do not count them as days of personal use if: You rented or tried to rent the property for 12 or more consecutive months. 1040nr 2011 You rented or tried to rent the property for a period of less than 12 consecutive months and the period ended because you sold or exchanged the property. 1040nr 2011 However, this special rule does not apply when dividing expenses between rental and personal use. 1040nr 2011 See Property Changed to Rental Use in chapter 4. 1040nr 2011 Example 1. 1040nr 2011 On February 29, 2012, you moved out of the house you had lived in for 6 years because you accepted a job in another town. 1040nr 2011 You rented your house at a fair rental price from March 15, 2012, to May 14, 2013 (14 months). 1040nr 2011 On June 1, 2013, you moved back into your old house. 1040nr 2011 The days you used the house as your main home from January 1 to February 29, 2012, and from June 1 to December 31, 2013, are not counted as days of personal use. 1040nr 2011 Therefore, you would use the rules in chapter 1 when figuring your rental income and expenses. 1040nr 2011 Example 2. 1040nr 2011 On January 31, you moved out of the condominium where you had lived for 3 years. 1040nr 2011 You offered it for rent at a fair rental price beginning on February 1. 1040nr 2011 You were unable to rent it until April. 1040nr 2011 On September 15, you sold the condominium. 1040nr 2011 The days you used the condominium as your main home from January 1 to January 31 are not counted as days of personal use when determining whether you used it as a home. 1040nr 2011 Examples. 1040nr 2011   The following examples show how to determine whether you used your rental property as a home. 1040nr 2011 Example 1. 1040nr 2011 You converted the basement of your home into an apartment with a bedroom, a bathroom, and a small kitchen. 1040nr 2011 You rented the basement apartment at a fair rental price to college students during the regular school year. 1040nr 2011 You rented to them on a 9-month lease (273 days). 1040nr 2011 You figured 10% of the total days rented to others at a fair rental price is 27 days. 1040nr 2011 During June (30 days), your brothers stayed with you and lived in the basement apartment rent free. 1040nr 2011 Your basement apartment was used as a home because you used it for personal purposes for 30 days. 1040nr 2011 Rent-free use by your brothers is considered personal use. 1040nr 2011 Your personal use (30 days) is more than the greater of 14 days or 10% of the total days it was rented (27 days). 1040nr 2011 Example 2. 1040nr 2011 You rented the guest bedroom in your home at a fair rental price during the local college's homecoming, commencement, and football weekends (a total of 27 days). 1040nr 2011 Your sister-in-law stayed in the room, rent free, for the last 3 weeks (21 days) in July. 1040nr 2011 You figured 10% of the total days rented to others at a fair rental price is 3 days. 1040nr 2011 The room was used as a home because you used it for personal purposes for 21 days. 1040nr 2011 That is more than the greater of 14 days or 10% of the 27 days it was rented (3 days). 1040nr 2011 Example 3. 1040nr 2011 You own a condominium apartment in a resort area. 1040nr 2011 You rented it at a fair rental price for a total of 170 days during the year. 1040nr 2011 For 12 of these days, the tenant was not able to use the apartment and allowed you to use it even though you did not refund any of the rent. 1040nr 2011 Your family actually used the apartment for 10 of those days. 1040nr 2011 Therefore, the apartment is treated as having been rented for 160 (170 – 10) days. 1040nr 2011 You figured 10% of the total days rented to others at a fair rental price is 16 days. 1040nr 2011 Your family also used the apartment for 7 other days during the year. 1040nr 2011 You used the apartment as a home because you used it for personal purposes for 17 days. 1040nr 2011 That is more than the greater of 14 days or 10% of the 160 days it was rented (16 days). 1040nr 2011 Minimal rental use. 1040nr 2011   If you use the dwelling unit as a home and you rent it less than 15 days during the year, that period is not treated as rental activity. 1040nr 2011 See Used as a home but rented less than 15 days, later, for more information. 1040nr 2011 Limit on deductions. 1040nr 2011   Renting a dwelling unit that is considered a home is not a passive activity. 1040nr 2011 Instead, if your rental expenses are more than your rental income, some or all of the excess expenses cannot be used to offset income from other sources. 1040nr 2011 The excess expenses that cannot be used to offset income from other sources are carried forward to the next year and treated as rental expenses for the same property. 1040nr 2011 Any expenses carried forward to the next year will be subject to any limits that apply for that year. 1040nr 2011 This limitation will apply to expenses carried forward to another year even if you do not use the property as your home for that subsequent year. 1040nr 2011   To figure your deductible rental expenses for this year and any carryover to next year, use Worksheet 5–1. 1040nr 2011 Reporting Income and Deductions Property not used for personal purposes. 1040nr 2011   If you do not use a dwelling unit for personal purposes, see chapter 3 for how to report your rental income and expenses. 1040nr 2011 Property used for personal purposes. 1040nr 2011   If you do use a dwelling unit for personal purposes, then how you report your rental income and expenses depends on whether you used the dwelling unit as a home. 1040nr 2011 Not used as a home. 1040nr 2011   If you use a dwelling unit for personal purposes, but not as a home, report all the rental income in your income. 1040nr 2011 Since you used the dwelling unit for personal purposes, you must divide your expenses between the rental use and the personal use as described earlier in this chapter under Dividing Expenses . 1040nr 2011 The expenses for personal use are not deductible as rental expenses. 1040nr 2011   Your deductible rental expenses can be more than your gross rental income; however, see Limits on Rental Losses in chapter 3. 1040nr 2011 Used as a home but rented less than 15 days. 1040nr 2011   If you use a dwelling unit as a home and you rent it less than 15 days during the year, its primary function is not considered to be rental and it should not be reported on Schedule E (Form 1040). 1040nr 2011 You are not required to report the rental income and rental expenses from this activity. 1040nr 2011 The expenses, including qualified mortgage interest, property taxes, and any qualified casualty loss will be reported as normally allowed on Schedule A (Form 1040). 1040nr 2011 See the Instructions for Schedule A (Form 1040) for more information on deducting these expenses. 1040nr 2011 Used as a home and rented 15 days or more. 1040nr 2011   If you use a dwelling unit as a home and rent it 15 days or more during the year, include all your rental income in your income. 1040nr 2011 Since you used the dwelling unit for personal purposes, you must divide your expenses between the rental use and the personal use as described earlier in this chapter under Dividing Expenses . 1040nr 2011 The expenses for personal use are not deductible as rental expenses. 1040nr 2011   If you had a net profit from renting the dwelling unit for the year (that is, if your rental income is more than the total of your rental expenses, including depreciation), deduct all of your rental expenses. 1040nr 2011 You do not need to use Worksheet 5-1. 1040nr 2011   However, if you had a net loss from renting the dwelling unit for the year, your deduction for certain rental expenses is limited. 1040nr 2011 To figure your deductible rental expenses and any carryover to next year, use Worksheet 5–1. 1040nr 2011 Worksheet 5-1. 1040nr 2011 Worksheet for Figuring Rental Deductions for a Dwelling Unit Used as a Home Use this worksheet only if you answer “yes” to all of the following questions. 1040nr 2011 Did you use the dwelling unit as a home this year? (See Dwelling Unit Used as a Home . 1040nr 2011 ) Did you rent the dwelling unit at a fair rental price 15 days or more this year? Is the total of your rental expenses and depreciation more than your rental income? PART I. 1040nr 2011 Rental Use Percentage A. 1040nr 2011 Total days available for rent at fair rental price A. 1040nr 2011       B. 1040nr 2011 Total days available for rent (line A) but not rented B. 1040nr 2011       C. 1040nr 2011 Total days of rental use. 1040nr 2011 Subtract line B from line A C. 1040nr 2011       D. 1040nr 2011 Total days of personal use (including days rented at less than fair rental price) D. 1040nr 2011       E. 1040nr 2011 Total days of rental and personal use. 1040nr 2011 Add lines C and D E. 1040nr 2011       F. 1040nr 2011 Percentage of expenses allowed for rental. 1040nr 2011 Divide line C by line E     F. 1040nr 2011 . 1040nr 2011 PART II. 1040nr 2011 Allowable Rental Expenses 1. 1040nr 2011 Enter rents received 1. 1040nr 2011   2a. 1040nr 2011 Enter the rental portion of deductible home mortgage interest and qualified mortgage insurance premiums (see instructions) 2a. 1040nr 2011       b. 1040nr 2011 Enter the rental portion of real estate taxes b. 1040nr 2011       c. 1040nr 2011 Enter the rental portion of deductible casualty and theft losses (see instructions) c. 1040nr 2011       d. 1040nr 2011 Enter direct rental expenses (see instructions) d. 1040nr 2011       e. 1040nr 2011 Fully deductible rental expenses. 1040nr 2011 Add lines 2a–2d. 1040nr 2011 Enter here and  on the appropriate lines on Schedule E (see instructions) 2e. 1040nr 2011   3. 1040nr 2011 Subtract line 2e from line 1. 1040nr 2011 If zero or less, enter -0- 3. 1040nr 2011   4a. 1040nr 2011 Enter the rental portion of expenses directly related to operating or maintaining  the dwelling unit (such as repairs, insurance, and utilities) 4a. 1040nr 2011       b. 1040nr 2011 Enter the rental portion of excess mortgage interest and qualified mortgage insurance premiums (see instructions) b. 1040nr 2011       c. 1040nr 2011 Carryover of operating expenses from 2012 worksheet c. 1040nr 2011       d. 1040nr 2011 Add lines 4a–4c d. 1040nr 2011       e. 1040nr 2011 Allowable expenses. 1040nr 2011 Enter the smaller of line 3 or line 4d (see instructions) 4e. 1040nr 2011   5. 1040nr 2011 Subtract line 4e from line 3. 1040nr 2011 If zero or less, enter -0- 5. 1040nr 2011   6a. 1040nr 2011 Enter the rental portion of excess casualty and theft losses (see instructions) 6a. 1040nr 2011       b. 1040nr 2011 Enter the rental portion of depreciation of the dwelling unit b. 1040nr 2011       c. 1040nr 2011 Carryover of excess casualty losses and depreciation from 2012 worksheet c. 1040nr 2011       d. 1040nr 2011 Add lines 6a–6c d. 1040nr 2011       e. 1040nr 2011 Allowable excess casualty and theft losses and depreciation. 1040nr 2011 Enter the smaller of  line 5 or line 6d (see instructions) 6e. 1040nr 2011   PART III. 1040nr 2011 Carryover of Unallowed Expenses to Next Year 7a. 1040nr 2011 Operating expenses to be carried over to next year. 1040nr 2011 Subtract line 4e from line 4d 7a. 1040nr 2011   b. 1040nr 2011 Excess casualty and theft losses and depreciation to be carried over to next year. 1040nr 2011  Subtract line 6e from line 6d b. 1040nr 2011   Worksheet 5-1 Instructions. 1040nr 2011 Worksheet for Figuring Rental Deductions for a Dwelling Unit Used as a Home Caution. 1040nr 2011 Use the percentage determined in Part I, line F, to figure the rental portions to enter on lines 2a–2c, 4a–4b, and 6a–6b of  Part II. 1040nr 2011 Line 2a. 1040nr 2011 Figure the mortgage interest on the dwelling unit that you could deduct on Schedule A as if you had not rented the unit. 1040nr 2011 Do not include interest on a loan that did not benefit the dwelling unit. 1040nr 2011 For example, do not include interest on a home equity loan used to pay off credit cards or other personal loans, buy a car, or pay college tuition. 1040nr 2011 Include interest on a loan used to buy, build, or improve the dwelling unit, or to refinance such a loan. 1040nr 2011 Include the rental portion of this interest in the total you enter on line 2a of the worksheet. 1040nr 2011   Figure the qualified mortgage insurance premiums on the dwelling unit that you could deduct on line 13 of Schedule A as if you had not rented the unit. 1040nr 2011 See the Schedule A instructions. 1040nr 2011 However, figure your adjusted gross income (Form 1040, line 38) without your rental income and expenses from the dwelling unit. 1040nr 2011 See Line 4b to deduct the part of the qualified mortgage insurance premiums not allowed because of the adjusted gross income limit. 1040nr 2011 Include the rental portion of the amount from Schedule A, line 13, in the total you enter on line 2a of the worksheet. 1040nr 2011   Note. 1040nr 2011 Do not file this Schedule A or use it to figure the amount to deduct on line 13 of that schedule. 1040nr 2011 Instead, figure the personal portion on a separate Schedule A. 1040nr 2011 If you have deducted mortgage interest or qualified mortgage insurance premiums on the dwelling unit on other forms, such as Schedule C or F, remember to reduce your Schedule A deduction by that amount. 1040nr 2011           Line 2c. 1040nr 2011 Figure the casualty and theft losses related to the dwelling unit that you could deduct on Schedule A as if you had not rented the dwelling unit. 1040nr 2011 To do this, complete Section A of Form 4684, Casualties and Thefts, treating the losses as personal losses. 1040nr 2011 If any of the loss is due to a federally declared disaster, see the Instructions for Form 4684. 1040nr 2011 On Form 4684, line 17, enter 10% of your adjusted gross income figured without your rental income and expenses from the dwelling unit. 1040nr 2011 Enter the rental portion of the result from Form 4684, line 18, on line 2c of this worksheet. 1040nr 2011   Note. 1040nr 2011 Do not file this Form 4684 or use it to figure your personal losses on Schedule A. 1040nr 2011 Instead, figure the personal portion on a separate Form 4684. 1040nr 2011           Line 2d. 1040nr 2011 Enter the total of your rental expenses that are directly related only to the rental activity. 1040nr 2011 These include interest on loans used for rental activities other than to buy, build, or improve the dwelling unit. 1040nr 2011 Also include rental agency fees, advertising, office supplies, and depreciation on office equipment used in your rental activity. 1040nr 2011           Line 2e. 1040nr 2011 You can deduct the amounts on lines 2a, 2b, 2c, and 2d as rental expenses on Schedule E even if your rental expenses are more than your rental income. 1040nr 2011 Enter the amounts on lines 2a, 2b, 2c, and 2d on the appropriate lines of Schedule E. 1040nr 2011           Line 4b. 1040nr 2011 On line 2a, you entered the rental portion of the mortgage interest or qualified mortgage insurance premiums you could deduct on Schedule A if you had not rented the dwelling unit. 1040nr 2011 If you had additional mortgage interest and qualified mortgage insurance premiums that would not be deductible on Schedule A because of limits imposed on them, enter on line 4b of this worksheet the rental portion of those excess amounts. 1040nr 2011 Do not include interest on a loan that did not benefit the dwelling unit  (as explained in the line 2a instructions). 1040nr 2011           Line 4e. 1040nr 2011 You can deduct the amounts on lines 4a, 4b, and 4c as rental expenses on Schedule E only to the extent they are not more than the amount on line 4e. 1040nr 2011 *           Line 6a. 1040nr 2011 To find the rental portion of excess casualty and theft losses, use the Form 4684 you prepared for line 2c of this worksheet. 1040nr 2011   A. 1040nr 2011 Enter the amount from Form 4684, line 10       B. 1040nr 2011 Enter the rental portion of line A       C. 1040nr 2011 Enter the amount from line 2c of this worksheet       D. 1040nr 2011 Subtract line C from line B. 1040nr 2011 Enter the result here and on line 6a of this worksheet               Line 6e. 1040nr 2011 You can deduct the amounts on lines 6a, 6b, and 6c as rental expenses on Schedule E only to the extent they are not more than the amount on line 6e. 1040nr 2011 * *Allocating the limited deduction. 1040nr 2011 If you cannot deduct all of the amount on line 4d or 6d this year, you can allocate the allowable deduction in any way you wish among the expenses included on line 4d or 6d. 1040nr 2011 Enter the amount you allocate to each expense on the appropriate line of Schedule E, Part I. 1040nr 2011 Prev  Up  Next   Home   More Online Publications
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IRS Provides Tax Relief to Victims of Hurricane Irene

IRS e-File, Free File to Remain Available to Irene Victims through Oct. 31

Updated 10/11, 9/29, 9/15, 9/14, 9/13, 9/12, 9/9, 9/8,  9/7, 9/2 2011 with expanded federal disaster area.

IR-2011-87, Sept. 1, 2011

WASHINGTON –– The Internal Revenue Service is providing tax relief to individual and business taxpayers impacted by Hurricane Irene.

The IRS announced today that certain taxpayers in Connecticut, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Puerto Rico and Vermont will receive tax relief, and other locations are expected to be added in coming days following additional damage assessments by the Federal Emergency Management Agency (FEMA).

The tax relief postpones certain tax filing and payment deadlines to Oct. 31, 2011. It includes corporations and businesses that previously obtained an extension until Sept. 15, 2011, to file their 2010 returns and individuals and businesses that received a similar extension until Oct. 17. It also includes the estimated tax payment for the third quarter of 2011, which would normally be due Sept. 15.

Full details, including the start date for the relief in various locations and information on how to claim a disaster loss by amending a prior-year tax return, can be found in tax relief announcements for individual states on this website.

The tax relief is part of a coordinated federal response to the damage caused by the hurricane and is based on local damage assessments by FEMA. For information on disaster recovery, individuals should visit disasterassistance.gov.

Tax Relief Available So Far

Filing and payment relief is currently available to taxpayers in federal disaster areas declared in Connecticut, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Puerto Rico and Vermont. The IRS expects to announce tax relief for taxpayers in other areas as damage assessments continue. The IRS encourages taxpayers and tax practitioners to monitor Tax Relief in Disaster Situations on this website for updates.

So far, IRS filing and payment relief applies to the following counties and municipalities:

  • In Connecticut: Fairfield, Hartford, Litchfield, Middlesex, New Haven, New London, Tolland and Windham;
  • In Massachusetts: Berkshire and Franklin;
  • In New Hampshire: Carroll and Grafton;
  • In New Jersey: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union and Warren;
  • In New York: Albany, Bronx, Clinton, Columbia, Delaware, Dutchess, Essex, Greene, Herkimer, Kings, Montgomery, Nassau, Orange, Otsego, Putnam, Queens, Rensselaer, Richmond, Rockland, Saratoga, Schenectady, Schoharie, Suffolk, Sullivan, Ulster, Warren, Washington and Westchester; 
  • In North Carolina: Beaufort, Bertie, Bladen, Brunswick, Camden, Carteret, Chowan, Columbus, Craven, Currituck, Dare, Duplin, Edgecombe, Gates, Greene, Halifax, Hertford, Hyde, Johnston, Jones, Lenoir, Martin, Nash, New Hanover, Northampton, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Pitt, Sampson, Tyrrell, Vance, Warren, Washington, Wayne and Wilson;
  • In Pennsylvania: Bucks, Chester, Delaware, Lehigh, Luzerne, Monroe, Montgomery, Northampton, Philadelphia, Sullivan and Wyoming;
  • In Puerto Rico: Adjuntas, Arroyo, Aguas Buenas, Caguas, Canóvanas, Carolina, Cayey, Cidra, Ciales, Coamo, Comerío, Fajardo, Guaynabo, Gurabo, Humacao, Jayuya, Juncos, Las Piedras, Loíza, Luquillo, Naguabo, Naranjito, Orocovis, Patillas, Ponce, Río Grande,  San Juan, San Lorenzo, Trujillo Alto, Vega Baja, Vieques and Villalba;
  • In Vermont: Addison, Bennington, Caledonia, Chittenden, Franklin, Lamoille, Orleans, Orange, Rutland, Washington, Windham and Windsor;

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Page Last Reviewed or Updated: 12-Mar-2014

The 1040nr 2011

1040nr 2011 11. 1040nr 2011   Employer-Provided Educational Assistance Table of Contents Introduction Working condition fringe benefit. 1040nr 2011 Introduction If you receive educational assistance benefits from your employer under an educational assistance program, you can exclude up to $5,250 of those benefits each year. 1040nr 2011 This means your employer should not include those benefits with your wages, tips, and other compensation shown in box 1 of your Form W-2. 1040nr 2011 This also means that you do not have to include the benefits on your income tax return. 1040nr 2011 You cannot use any of the tax-free education expenses paid for by your employer as the basis for any other deduction or credit, including the American opportunity credit and lifetime learning credit. 1040nr 2011 Educational assistance program. 1040nr 2011   To qualify as an educational assistance program, the plan must be written and must meet certain other requirements. 1040nr 2011 Your employer can tell you whether there is a qualified program where you work. 1040nr 2011 Educational assistance benefits. 1040nr 2011   Tax-free educational assistance benefits include payments for tuition, fees and similar expenses, books, supplies, and equipment. 1040nr 2011 Education generally includes any form of instruction or training that improves or develops your capabilities. 1040nr 2011 The payments do not have to be for work-related courses or courses that are part of a degree program. 1040nr 2011   Educational assistance benefits do not include payments for the following items. 1040nr 2011 Meals, lodging, or transportation. 1040nr 2011 Tools or supplies (other than textbooks) that you can keep after completing the course of instruction. 1040nr 2011 Courses involving sports, games, or hobbies unless they: Have a reasonable relationship to the business of your employer, or Are required as part of a degree program. 1040nr 2011 Benefits over $5,250. 1040nr 2011   If your employer pays more than $5,250 in educational assistance benefits for you during the year, you must generally pay tax on the amount over $5,250. 1040nr 2011 Your employer should include in your wages (Form W-2, box 1) the amount that you must include in income. 1040nr 2011 Working condition fringe benefit. 1040nr 2011    However, if the benefits over $5,250 also qualify as a working condition fringe benefit, your employer does not have to include them in your wages. 1040nr 2011 A working condition fringe benefit is a benefit which, had you paid for it, you could deduct as an employee business expense. 1040nr 2011 For more information on working condition fringe benefits, see Working Condition Benefits in chapter 2 of Publication 15-B, Employer's Tax Guide to Fringe Benefits. 1040nr 2011 Prev  Up  Next   Home   More Online Publications