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Amend 2013 Tax Return

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Amend 2013 Tax Return

Amend 2013 tax return 1. Amend 2013 tax return   Bona Fide Residence Table of Contents Presence TestDays of Presence in the United States or Relevant Possession Significant Connection Tax HomeExceptions Closer ConnectionException for Year of Move Special Rules in the Year of a MoveYear of Moving to a Possession Year of Moving From a Possession Reporting a Change in Bona Fide ResidenceWho Must File Penalty for Not Filing Form 8898 In order to qualify for certain tax benefits (see chapter 3), you must be a bona fide resident of American Samoa, the CNMI, Guam, Puerto Rico, or the USVI for the entire tax year. Amend 2013 tax return Generally, you are a bona fide resident of one of these possessions (the relevant possession) if, during the tax year, you: Meet the presence test, Do not have a tax home outside the relevant possession, and Do not have a closer connection to the United States or to a foreign country than to the relevant possession. Amend 2013 tax return Special rule for members of the U. Amend 2013 tax return S. Amend 2013 tax return Armed Forces. Amend 2013 tax return   If you are a member of the U. Amend 2013 tax return S. Amend 2013 tax return Armed Forces who qualified as a bona fide resident of the relevant possession in an earlier tax year, your absence from that possession during the current tax year in compliance with military orders will not affect your status as a bona fide resident. Amend 2013 tax return Likewise, being in a possession solely in compliance with military orders will not qualify you for bona fide residency. Amend 2013 tax return Also see the special income source rule for members of the U. Amend 2013 tax return S. Amend 2013 tax return Armed Forces in chapter 2, under Compensation for Labor or Personal Services . Amend 2013 tax return Special rule for civilian spouse of active duty member of the U. Amend 2013 tax return S. Amend 2013 tax return Armed Forces. Amend 2013 tax return   If you are the civilian spouse of an active duty servicemember, under Military Spouses Residency Relief Act (MSRRA) you can choose to keep your prior residence or domicile for tax purposes (tax residence) when accompanying the servicemember spouse, who is relocating under military orders, to a new military duty station in one of the 50 states, the District of Columbia, or a U. Amend 2013 tax return S. Amend 2013 tax return possession. Amend 2013 tax return Before relocating, you and your spouse must have the same tax residence. Amend 2013 tax return If you are a civilian spouse and choose to keep your prior tax residence after such relocation, the source of income for services performed (for example, wages, salaries, tips, or self-employment) by you is considered to be (the jurisdiction of) the prior tax residence. Amend 2013 tax return As a result, the amount of income tax withholding (from Form(s) W-2, Wage and Tax Statement) that you are able to claim on your federal return, as well as the need to file a state or U. Amend 2013 tax return S. Amend 2013 tax return possession return, may be affected. Amend 2013 tax return For more information, consult with state, local, or U. Amend 2013 tax return S. Amend 2013 tax return possession tax authorities regarding your tax obligations under MSRRA. Amend 2013 tax return Presence Test If you are a U. Amend 2013 tax return S. Amend 2013 tax return citizen or resident alien, you will satisfy the presence test for the entire tax year if you meet one of the following conditions. Amend 2013 tax return You were present in the relevant possession for at least 183 days during the tax year. Amend 2013 tax return You were present in the relevant possession for at least 549 days during the 3-year period that includes the current tax year and the 2 immediately preceding tax years. Amend 2013 tax return During each year of the 3-year period, you must be present in the relevant possession for at least 60 days. Amend 2013 tax return You were present in the United States for no more than 90 days during the tax year. Amend 2013 tax return You had earned income in the United States of no more than a total of $3,000 and were present for more days in the relevant possession than in the United States during the tax year. Amend 2013 tax return Earned income is pay for personal services performed, such as wages, salaries, or professional fees. Amend 2013 tax return You had no significant connection to the United States during the tax year. Amend 2013 tax return Special rule for nonresident aliens. Amend 2013 tax return   Conditions (1) through (5) above do not apply to nonresident aliens of the United States. Amend 2013 tax return Instead, nonresident aliens must meet the substantial presence test discussed in chapter 1 of Publication 519. Amend 2013 tax return In that discussion, substitute the name of the possession for “United States” and “U. Amend 2013 tax return S. Amend 2013 tax return ” wherever they appear. Amend 2013 tax return Disregard the discussion in that chapter about a Closer Connection to a Foreign Country. Amend 2013 tax return Days of Presence in the United States or Relevant Possession Generally, you are treated as being present in the United States or in the relevant possession on any day that you are physically present in that location at any time during the day. Amend 2013 tax return Days of presence in a possession. Amend 2013 tax return   You are considered to be present in the relevant possession on any of the following days. Amend 2013 tax return Any day you are physically present in that possession at any time during the day. Amend 2013 tax return Any day you are outside of the relevant possession in order to receive, or to accompany any of the following family members to receive, qualifying medical treatment (see Qualifying Medical Treatment , later). Amend 2013 tax return Your parent. Amend 2013 tax return Your spouse. Amend 2013 tax return Your child, who is your son, daughter, stepson, or stepdaughter. Amend 2013 tax return This includes an adopted child or child lawfully placed with you for legal adoption. Amend 2013 tax return This also includes a foster child who is placed with you by an authorized placement agency or by judgment, decree, or other order of any court of competent jurisdiction. Amend 2013 tax return Any day you are outside the relevant possession because you leave or are unable to return to the relevant possession during any: 14-day period within which a major disaster occurs in the relevant possession for which a Federal Emergency Management Agency (FEMA) notice of a federal declaration of a major disaster is issued in the Federal Register, or Period for which a mandatory evacuation order is in effect for the geographic area in the relevant possession in which your main home is located. Amend 2013 tax return   If, during a single day, you are physically present: In the United States and in the relevant possession, that day is considered a day of presence in the relevant possession; or In two possessions, that day is considered a day of presence in the possession where your tax home is located (see Tax Home , later). Amend 2013 tax return Days of presence in the United States. Amend 2013 tax return   You are considered to be present in the United States on any day that you are physically present in the United States at any time during the day. Amend 2013 tax return However, do not count the following days as days of presence in the United States. Amend 2013 tax return Any day you are temporarily present in the United States in order to receive, or to accompany a parent, spouse, or child who is receiving, qualifying medical treatment. Amend 2013 tax return “Child” is defined under item 2c earlier. Amend 2013 tax return “Qualifying medical treatment” is defined later. Amend 2013 tax return Any day you are temporarily present in the United States because you leave or are unable to return to the relevant possession during any: 14-day period within which a major disaster occurs in the relevant possession for which a Federal Emergency Management Agency (FEMA) notice of a federal declaration of a major disaster is issued in the Federal Register, or Period for which a mandatory evacuation order is in effect for the geographic area in the relevant possession in which your main home is located. Amend 2013 tax return Any day you are in the United States for less than 24 hours when you are traveling between two places outside the United States. Amend 2013 tax return Any day you are temporarily present in the United States as a professional athlete to compete in a charitable sports event (defined later). Amend 2013 tax return Any day you are temporarily in the United States as a student (defined later). Amend 2013 tax return Any day you are in the United States serving as an elected representative of the relevant possession, or serving full time as an elected or appointed official or employee of the government of that possession (or any of its political subdivisions). Amend 2013 tax return Qualifying Medical Treatment Such treatment is generally provided by (or under the supervision of) a physician for an illness, injury, impairment, or physical or mental condition. Amend 2013 tax return The treatment generally involves: Any period of inpatient care that requires an overnight stay in a hospital or hospice, and any period immediately before or after that inpatient care to the extent it is medically necessary, or Any temporary period of inpatient care in a residential medical care facility for medically necessary rehabilitation services. Amend 2013 tax return With respect to each qualifying medical treatment, you must prepare (or obtain) and maintain documentation supporting your claim that such treatment meets the criteria to be considered days of presence in the relevant possession. Amend 2013 tax return You must be able to produce this documentation within 30 days if requested by the IRS or tax administrator for the relevant possession. Amend 2013 tax return You must keep the following documentation. Amend 2013 tax return Records that provide: The patient's name and relationship to you (if the medical treatment is provided to a person you accompany); The name and address of the hospital, hospice, or residential medical care facility where the medical treatment was provided; The name, address, and telephone number of the physician who provided the medical treatment; The date(s) on which the medical treatment was provided; and Receipt(s) of payment for the medical treatment. Amend 2013 tax return Signed certification by the providing or supervising physician that the medical treatment met the requirements for being qualified medical treatment, and setting forth: The patient's name, A reasonably detailed description of the medical treatment provided by (or under the supervision of) the physician, The dates on which the medical treatment was provided, and The medical facts that support the physician's certification and determination that the treatment was medically necessary. Amend 2013 tax return Charitable Sports Event A charitable sports event is one that meets all of the following conditions. Amend 2013 tax return The main purpose is to benefit a qualified charitable organization. Amend 2013 tax return The entire net proceeds go to charity. Amend 2013 tax return Volunteers perform substantially all the work. Amend 2013 tax return In figuring the days of presence in the United States, you can exclude only the days on which you actually competed in the charitable sports event. Amend 2013 tax return You cannot exclude the days on which you were in the United States to practice for the event, to perform promotional or other activities related to the event, or to travel between events. Amend 2013 tax return Student To qualify as a student, you must be, during some part of each of any 5 calendar months during the calendar year: A full-time student at a school that has a regular teaching staff, course of study, and regularly enrolled body of students in attendance, or A student taking a full-time, on-farm training course given by a school described in (1) above or by a state, county, or local government agency. Amend 2013 tax return The 5 calendar months do not have to be consecutive. Amend 2013 tax return Full-time student. Amend 2013 tax return   A full-time student is a person who is enrolled for the number of hours or courses the school considers to be full-time attendance. Amend 2013 tax return However, school attendance exclusively at night is not considered full-time attendance. Amend 2013 tax return School. Amend 2013 tax return   The term “school” includes elementary schools, middle schools, junior and senior high schools, colleges, universities, and technical, trade, and mechanical schools. Amend 2013 tax return It does not include on-the-job training courses, correspondence schools, and schools offering courses only through the Internet. Amend 2013 tax return Significant Connection One way in which you can meet the presence test is to have no significant connection to the United States during the tax year. Amend 2013 tax return This section looks at the factors that determine if a significant connection exists. Amend 2013 tax return You are treated as having a significant connection to the United States if you: Have a permanent home in the United States, Are currently registered to vote in any political subdivision of the United States, or Have a spouse or child (see item 2c under Days of presence in a possession , earlier) who is under age 18 whose main home is in the United States, other than: A child who is in the United States because he or she is the child of divorced or legally separated parents and is living with a custodial parent under a custodial decree or multiple support agreement, or A child who is in the United States as a student. Amend 2013 tax return For the purpose of determining if you have a significant connection to the United States, the term “spouse” does not include a spouse from whom you are legally separated under a decree of divorce or separate maintenance. Amend 2013 tax return Permanent home. Amend 2013 tax return   A permanent home generally includes an accommodation such as a house, an apartment, or a furnished room that is either owned or rented by you or your spouse. Amend 2013 tax return The dwelling unit must be available at all times, continuously, not only for short stays. Amend 2013 tax return Exception for rental property. Amend 2013 tax return   If you or your spouse own the dwelling unit and at any time during the tax year it is rented to someone else at fair rental value, it will be considered your permanent home only if you or your spouse use that property for personal purposes for more than the greater of: 14 days, or 10% of the number of days during that tax year that the property is rented to others at a fair rental value. Amend 2013 tax return   You are treated as using rental property for personal purposes on any day the property is not being rented to someone else at fair rental value for the entire day. Amend 2013 tax return   A day of personal use of a dwelling unit is also any day that the unit is used by any of the following persons. Amend 2013 tax return You or any other person who has an interest in it, unless you rent it to another owner as his or her main home under a shared equity financing agreement. Amend 2013 tax return A member of your family or a member of the family of any other person who has an interest in it, unless the family member uses the dwelling unit as his or her main home and pays a fair rental price. Amend 2013 tax return Family includes only brothers and sisters, half-brothers and half-sisters, spouses, ancestors (parents, grandparents, etc. Amend 2013 tax return ), and lineal descendants (children, grandchildren, etc. Amend 2013 tax return ). Amend 2013 tax return Anyone under an arrangement that lets you use some other dwelling unit. Amend 2013 tax return Anyone at less than a fair rental price. Amend 2013 tax return   However, any day you spend working substantially full time repairing and maintaining (not improving) your property is not counted as a day of personal use. Amend 2013 tax return Whether your property is used mainly for this purpose is determined in light of all the facts and circumstances, such as: The amount of time you devote to repair and maintenance work, How often during the tax year you perform repair and maintenance work on this property, and The presence and activities of companions. Amend 2013 tax return   See Publication 527, Residential Rental Property, for more information about personal use of a dwelling unit. Amend 2013 tax return Example—significant connection. Amend 2013 tax return Ann Green, a U. Amend 2013 tax return S. Amend 2013 tax return citizen, is a sales representative for a company based in Guam. Amend 2013 tax return Ann lives with her spouse and young children in their house in Guam, where she is also registered to vote. Amend 2013 tax return Her business travel requires her to spend 120 days in the United States and another 120 days in foreign countries. Amend 2013 tax return When traveling on business, Ann generally stays at hotels but sometimes stays with her brother, who lives in the United States. Amend 2013 tax return Ann's stays are always of short duration and she asks her brother's permission to stay with him. Amend 2013 tax return Her brother's house is not her permanent home, nor does she have any other accommodations in the United States that would be considered her permanent home. Amend 2013 tax return Ann satisfies the presence test because she has no significant connection to the United States. Amend 2013 tax return Example—presence test. Amend 2013 tax return Eric and Wanda Brown live for part of the year in a condominium, which they own, in the CNMI. Amend 2013 tax return They also own a house in Maine where they live for 120 days every year to be near their grown children and grandchildren. Amend 2013 tax return The Browns are retired and their only income is from pension payments, dividends, interest, and social security benefits. Amend 2013 tax return In 2013, they spent only 175 days in the CNMI because of a 70-day vacation to Europe and Asia. Amend 2013 tax return Thus, in 2013, the Browns were not present in the CNMI for at least 183 days, were present in the United States for more than 90 days, and had a significant connection to the United States because of their permanent home. Amend 2013 tax return However, the Browns still satisfied the presence test with respect to the CNMI because they had no earned income in the United States and were physically present for more days in the CNMI than in the United States. Amend 2013 tax return Tax Home You will have met the tax home test if you did not have a tax home outside the relevant possession during any part of the tax year. Amend 2013 tax return Your tax home is your regular or main place of business, employment, or post of duty regardless of where you maintain your family home. Amend 2013 tax return If you do not have a regular or main place of business because of the nature of your work, then your tax home is the place where you regularly live. Amend 2013 tax return If you do not fit either of these categories, you are considered an itinerant and your tax home is wherever you work. Amend 2013 tax return Exceptions There are some special rules regarding tax home that provide exceptions to the general rule stated above. Amend 2013 tax return Students and Government Officials Disregard the following days when determining whether you have a tax home outside the relevant possession. Amend 2013 tax return Days you were temporarily in the United States as a student (see Student under Days of Presence in the United States or Relevant Possession, earlier). Amend 2013 tax return Days you were in the United States serving as an elected representative of the relevant possession, or serving full time as an elected or appointed official or employee of the government of that possession (or any of its political subdivisions). Amend 2013 tax return Seafarers You will not be considered to have a tax home outside the relevant possession solely because you are employed on a ship or other seafaring vessel that is predominantly used in local and international waters. Amend 2013 tax return For this purpose, a vessel is considered to be predominantly used in local and international waters if, during the tax year, the total amount of time it is used in international waters and in the waters within 3 miles of the relevant possession exceeds the total amount of time it is used in the territorial waters of the United States, another possession, or any foreign country. Amend 2013 tax return Example. Amend 2013 tax return In 2013, Sean Silverman, a U. Amend 2013 tax return S. Amend 2013 tax return citizen, was employed by a fishery and spent 250 days at sea on a fishing vessel. Amend 2013 tax return When not at sea, Sean lived with his spouse at a house they own in American Samoa. Amend 2013 tax return The fishing vessel on which Sean works departs and arrives at various ports in American Samoa, other possessions, and foreign countries, but was in international or American Samoa's local waters for 225 days. Amend 2013 tax return For purposes of determining bona fide residency of American Samoa, Sean will not be considered to have a tax home outside that possession solely because of his employment on board the fishing vessel. Amend 2013 tax return Year of Move If you are moving to or from a possession during the year, you may still be able to meet the tax home test for that year. Amend 2013 tax return See Special Rules in the Year of a Move , later in this chapter. Amend 2013 tax return Closer Connection You will have met the closer connection test if, during any part of the tax year, you do not have a closer connection to the United States or a foreign country than to the relevant U. Amend 2013 tax return S. Amend 2013 tax return possession. Amend 2013 tax return You will be considered to have a closer connection to a possession than to the United States or to a foreign country if you have maintained more significant contacts with the possession(s) than with the United States or foreign country. Amend 2013 tax return In determining if you have maintained more significant contacts with the relevant possession, the facts and circumstances to be considered include, but are not limited to, the following. Amend 2013 tax return The location of your permanent home. Amend 2013 tax return The location of your family. Amend 2013 tax return The location of personal belongings, such as automobiles, furniture, clothing, and jewelry owned by you and your family. Amend 2013 tax return The location of social, political, cultural, professional, or religious organizations with which you have a current relationship. Amend 2013 tax return The location where you conduct your routine personal banking activities. Amend 2013 tax return The location where you conduct business activities (other than those that go into determining your tax home). Amend 2013 tax return The location of the jurisdiction in which you hold a driver's license. Amend 2013 tax return The location of the jurisdiction in which you vote. Amend 2013 tax return The location of charitable organizations to which you contribute. Amend 2013 tax return The country of residence you designate on forms and documents. Amend 2013 tax return The types of official forms and documents you file, such as Form W-8BEN, Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding and Reporting (Individuals), or Form W-9, Request for Taxpayer Identification Number and Certification. Amend 2013 tax return Your connections to the relevant possession will be compared to the total of your connections with the United States and foreign countries. Amend 2013 tax return Your answers to the questions on Form 8898, Part III, will help establish the jurisdiction to which you have a closer connection. Amend 2013 tax return Example—closer connection to the United States. Amend 2013 tax return Marcos Reyes, a U. Amend 2013 tax return S. Amend 2013 tax return citizen, moved to Puerto Rico in 2013 to start an investment consulting and venture capital business. Amend 2013 tax return His spouse and two teenage children remained in California to allow the children to complete high school. Amend 2013 tax return He traveled back to the United States regularly to see his spouse and children, to engage in business activities, and to take vacations. Amend 2013 tax return Marcos had an apartment available for his full-time use in Puerto Rico, but remained a joint owner of the residence in California where his spouse and children lived. Amend 2013 tax return Marcos and his family had automobiles and personal belongings such as furniture, clothing, and jewelry located at both residences. Amend 2013 tax return Although Marcos was a member of the Puerto Rico Chamber of Commerce, he also belonged to and had current relationships with social, political, cultural, and religious organizations in California. Amend 2013 tax return Marcos received mail in California, including bank and brokerage statements and credit card bills. Amend 2013 tax return He conducted his personal banking activities in California. Amend 2013 tax return He held a California driver's license and was also registered to vote there. Amend 2013 tax return Based on all of the particular facts and circumstances pertaining to Marcos, he was not a bona fide resident of Puerto Rico in 2013 because he had a closer connection to the United States than to Puerto Rico. Amend 2013 tax return Closer connection to another possession. Amend 2013 tax return   Generally, possessions are not treated as foreign countries. Amend 2013 tax return Therefore, a closer connection to a possession other than the relevant possession will not be treated as a closer connection to a foreign country. Amend 2013 tax return Example—tax home and closer connection to possession. Amend 2013 tax return Pearl Blackmon, a U. Amend 2013 tax return S. Amend 2013 tax return citizen, is a permanent employee of a hotel in Guam, but works only during the tourist season. Amend 2013 tax return For the remainder of each year, Pearl lives with her spouse and children in the CNMI, where she has no outside employment. Amend 2013 tax return Most of Pearl's personal belongings, including her automobile, are located in the CNMI. Amend 2013 tax return She is registered to vote in, and has a driver's license issued by, the CNMI. Amend 2013 tax return She does her personal banking in the CNMI and routinely lists her CNMI address as her permanent address on forms and documents. Amend 2013 tax return Pearl satisfies the presence test with respect to both Guam and the CNMI. Amend 2013 tax return She satisfies the tax home test with respect to Guam, because her regular place of business is in Guam. Amend 2013 tax return Pearl satisfies the closer connection test with respect to both Guam and the CNMI, because she does not have a closer connection to the United States or to any foreign country. Amend 2013 tax return Pearl is considered a bona fide resident of Guam, the location of her tax home. Amend 2013 tax return Exception for Year of Move If you are moving to or from a possession during the year, you may still be able to meet the closer connection test for that year. Amend 2013 tax return See Special Rules in the Year of a Move , next. Amend 2013 tax return Special Rules in the Year of a Move If you are moving to or from a possession during the year, you may still be able to meet the tax home and closer connection tests for that year. Amend 2013 tax return Year of Moving to a Possession You will satisfy the tax home and closer connection tests in the tax year of changing your residence to the relevant possession if you meet all of the following. Amend 2013 tax return You have not been a bona fide resident of the relevant possession in any of the 3 tax years immediately preceding your move. Amend 2013 tax return In the year of the move, you do not have a tax home outside the relevant possession or a closer connection to the United States or a foreign country than to the relevant possession during any of the last 183 days of the tax year. Amend 2013 tax return You are a bona fide resident of the relevant possession for each of the 3 tax years immediately following your move. Amend 2013 tax return Example. Amend 2013 tax return Dwight Wood, a U. Amend 2013 tax return S. Amend 2013 tax return citizen, files returns on a calendar year basis. Amend 2013 tax return He lived in the United States from January 2007 through May 2013. Amend 2013 tax return In June 2013 he moved to the USVI, purchased a house, and accepted a permanent job with a local employer. Amend 2013 tax return From July 1 through December 31, 2013 (more than 183 days), Dwight's principal place of business was in the USVI and, during that time, he did not have a closer connection to the United States or a foreign country than to the USVI. Amend 2013 tax return If he is a bona fide resident of the USVI during all of 2014 through 2016, he will satisfy the tax home and closer connection tests for 2013. Amend 2013 tax return If Dwight also satisfies the presence test in 2013, he will be considered a bona fide resident of the USVI for the entire 2013 tax year. Amend 2013 tax return Year of Moving From a Possession In the year you cease to be a bona fide resident of American Samoa, the CNMI, Guam, or the USVI, you will satisfy the tax home and closer connection tests with respect to the relevant possession if you meet all of the following. Amend 2013 tax return You have been a bona fide resident of the relevant possession for each of the 3 tax years immediately preceding your change of residence. Amend 2013 tax return In the year of the move, you do not have a tax home outside the relevant possession or a closer connection to the United States or a foreign country than to the relevant possession during any of the first 183 days of the tax year. Amend 2013 tax return You are not a bona fide resident of the relevant possession for any of the 3 tax years immediately following your move. Amend 2013 tax return Example. Amend 2013 tax return Jean Aspen, a U. Amend 2013 tax return S. Amend 2013 tax return citizen, files returns on a calendar year basis. Amend 2013 tax return From January 2010 through December 2012, Jean was a bona fide resident of American Samoa. Amend 2013 tax return Jean continued to live there until September 6, 2013, when she accepted new employment and moved to Hawaii. Amend 2013 tax return Jean's principal place of business from January 1 through September 5, 2013 (more than 183 days), was in American Samoa, and during that period Jean did not have a closer connection to the United States or a foreign country than to American Samoa. Amend 2013 tax return If Jean continues to live and work in Hawaii for the rest of 2013 and throughout years 2014 through 2016, she will satisfy the tax home and closer connection tests for 2013 with respect to American Samoa. Amend 2013 tax return If Jean also satisfies the presence test in 2013, she will be considered a bona fide resident for the entire 2013 tax year. Amend 2013 tax return Puerto Rico You will be considered a bona fide resident of Puerto Rico for the part of the tax year preceding the date on which you move if you: Are a U. Amend 2013 tax return S. Amend 2013 tax return citizen, Are a bona fide resident of Puerto Rico for at least 2 tax years immediately preceding the tax year of the move, Cease to be a bona fide resident of Puerto Rico during the tax year, Cease to have a tax home in Puerto Rico during the tax year, and Have a closer connection to Puerto Rico than to the United States or a foreign country throughout the part of the tax year preceding the date on which you cease to have a tax home in Puerto Rico. Amend 2013 tax return Example. Amend 2013 tax return Randy White, a U. Amend 2013 tax return S. Amend 2013 tax return citizen, files returns on a calendar year basis. Amend 2013 tax return For all of 2011 and 2012, Randy was a bona fide resident of Puerto Rico. Amend 2013 tax return From January through April 2013, Randy continued to reside and maintain his principal place of business in and closer connection to Puerto Rico. Amend 2013 tax return On May 5, 2013, Randy moved and changed his tax home to Nevada. Amend 2013 tax return Later that year he established a closer connection to the United States than to Puerto Rico. Amend 2013 tax return Randy did not satisfy the presence test for 2013 with respect to Puerto Rico, nor the tax home or closer connection tests. Amend 2013 tax return However, because Randy was a bona fide resident of Puerto Rico for at least 2 tax years before he moved to Nevada in 2013, he was a bona fide resident of Puerto Rico from January 1 through May 4, 2013. Amend 2013 tax return Reporting a Change in Bona Fide Residence If you became or ceased to be a bona fide resident of a U. Amend 2013 tax return S. Amend 2013 tax return possession, you may need to file Form 8898. Amend 2013 tax return This applies to the U. Amend 2013 tax return S. Amend 2013 tax return possessions of American Samoa, the CNMI, Guam, Puerto Rico, and the USVI. Amend 2013 tax return Who Must File You must file Form 8898 for the tax year in which you meet both of the following conditions. Amend 2013 tax return Your worldwide gross income (defined below) in that tax year is more than $75,000. Amend 2013 tax return You meet one of the following. Amend 2013 tax return You take a position for U. Amend 2013 tax return S. Amend 2013 tax return tax purposes that you became a bona fide resident of a U. Amend 2013 tax return S. Amend 2013 tax return possession after a tax year for which you filed a U. Amend 2013 tax return S. Amend 2013 tax return income tax return as a citizen or resident alien of the United States but not as a bona fide resident of the possession. Amend 2013 tax return You are a citizen or resident alien of the United States who takes the position for U. Amend 2013 tax return S. Amend 2013 tax return tax purposes that you ceased to be a bona fide resident of a U. Amend 2013 tax return S. Amend 2013 tax return possession after a tax year for which you filed an income tax return (with the IRS, the possession tax authority, or both) as a bona fide resident of the possession. Amend 2013 tax return You take the position for U. Amend 2013 tax return S. Amend 2013 tax return tax purposes that you became a bona fide resident of Puerto Rico or American Samoa after a tax year for which you were required to file an income tax return as a bona fide resident of the CNMI, Guam, or the USVI. Amend 2013 tax return Worldwide gross income. Amend 2013 tax return   Worldwide gross income means all income you received in the form of money, goods, property, and services, including any income from sources outside the United States (even if you can exclude part or all of it) and before any deductions, credits, or rebates. Amend 2013 tax return Example. Amend 2013 tax return You are a U. Amend 2013 tax return S. Amend 2013 tax return citizen who moved to the CNMI in December 2012, but did not become a bona fide resident of that possession until the 2013 tax year. Amend 2013 tax return You must file Form 8898 for the 2013 tax year if your worldwide gross income for that year was more than $75,000. Amend 2013 tax return Penalty for Not Filing Form 8898 If you are required to file Form 8898 for any tax year and you fail to file it, you may owe a penalty of $1,000. Amend 2013 tax return You may also owe this penalty if you do not include all the information required by the form or the form includes incorrect information. Amend 2013 tax return In either case, you will not owe this penalty if you can show that such failure is due to reasonable cause and not willful neglect. Amend 2013 tax return This is in addition to any criminal penalty that may be imposed. Amend 2013 tax return Prev  Up  Next   Home   More Online Publications
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The Amend 2013 Tax Return

Amend 2013 tax return 29. Amend 2013 tax return   Límite sobre Deducciones Detalladas Table of Contents Introduction Useful Items - You may want to see: ¿Está Usted Sujeto al Límite? ¿Qué Deducciones Detalladas Están Limitadas? ¿Qué Deducciones Detalladas no Están Limitadas? ¿Cómo se Calcula el Límite?Ejemplo Introduction Este capítulo trata del límite general sobre las deducciones detalladas en el Anexo A (Formulario 1040). Amend 2013 tax return Los temas abarcan: Quién está sujeto al límite. Amend 2013 tax return Qué deducciones detalladas están limitadas. Amend 2013 tax return Cómo calcular el límite. Amend 2013 tax return Useful Items - You may want to see: Formulario (e Instrucciones) Anexo A (Formulario 1040) Itemized Deductions (Deducciones detalladas), en inglés. Amend 2013 tax return ¿Está Usted Sujeto al Límite? Si tiene ingresos brutos ajustados (AGI, por sus siglas en inglés) de más de $300,000, si es casado que presenta la declaración conjunta o viudo calificado, $275,000, si es cabeza de familia, $250,000, si es soltero o $150,000, si es casado que presenta la declaración por separado, está sujeto al límite sobre determinadas deducciones detalladas. Amend 2013 tax return El ingreso bruto ajustado (AGI) es la cantidad de la línea 38 (Formulario 1040). Amend 2013 tax return ¿Qué Deducciones Detalladas Están Limitadas? Las siguientes deducciones del Anexo A (Formulario 1040) están sujetas al límite general sobre las deducciones detalladas: Impuestos pagados —línea 9. Amend 2013 tax return Intereses pagados —líneas 10,11,12 y 13. Amend 2013 tax return Donaciones a organizaciones caritativas —línea 19. Amend 2013 tax return Gastos laborales y determinadas deducciones misceláneas —línea 27. Amend 2013 tax return Otras deducciones misceláneas —línea 28, excluyendo pérdidas por apuestas y juegos de azar y por hecho fortuito o robo. Amend 2013 tax return ¿Qué Deducciones Detalladas no Están Limitadas? Las siguientes deducciones del Anexo A (Formulario 1040) no están sujetas al límite general sobre las deducciones detalladas. Amend 2013 tax return Sin embargo, igualmente están sujetas a otros límites aplicables. Amend 2013 tax return Gastos médicos y dentales —línea 4. Amend 2013 tax return Gastos de intereses de inversión —línea 14. Amend 2013 tax return Pérdidas por hecho fortuito y robo de bienes de uso personal —línea 20. Amend 2013 tax return Pérdidas por hecho fortuito y robo de bienes que generan ingresos —línea 28. Amend 2013 tax return Pérdidas por apuestas y juegos de azar —línea 28. Amend 2013 tax return ¿Cómo se Calcula el Límite? Si las deducciones detalladas están sujetas al límite, el total de todas sus deducciones detalladas es reducido por la cantidad menor de uno de: el 80% de las deducciones detalladas afectadas por el límite. Amend 2013 tax return Vea ¿Qué Deducciones Detalladas Están Limitadas? , anteriormente o el 3% de la cantidad por la cual los ingresos brutos ajustados sobrepasen $300,000, si es casado que presenta la declaración conjunta o viudo calificado, $275,000, si es cabeza de familia, $250,000, si es soltero o $150,000, si es casado que presenta la declaración por separado. Amend 2013 tax return Antes de calcular el límite general sobre las deducciones detalladas, primero tiene que llenar las líneas 1 a 28 del Anexo A (Formulario 1040), incluyendo todo formulario afín (tal como el Formulario 2106, el Formulario 4684, etc. Amend 2013 tax return ) El límite general sobre las deducciones detalladas se calcula después de haberse aplicado cualquier otro límite sobre la asignación de alguna deducción detallada. Amend 2013 tax return Estos límites adicionales abarcan los límites sobre donaciones caritativas (capítulo 24), el límite sobre determinados gastos de comida y entretenimiento (capítulo 26) y el límite del 2% de los ingresos brutos ajustados sobre determinadas deducciones misceláneas (capítulo 28). Amend 2013 tax return Hoja de trabajo de deducciones detalladas. Amend 2013 tax return   Después de completar hasta la línea 28, inclusive, del Anexo A (Formulario 1040), puede utilizar la Itemized Deductions Worksheet (Hoja de trabajo de las deducciones detalladas), en las Instrucciones del Anexo A (Formulario 1040) para calcular el límite. Amend 2013 tax return Anote el resultado en la línea 29 del Anexo A (Formulario 1040). Amend 2013 tax return Guarde la hoja de trabajo con su documentación. Amend 2013 tax return Debe comparar la cantidad de la deducción estándar con la cantidad de las deducciones detalladas después de aplicar el límite. Amend 2013 tax return Utilice la cantidad mayor cuando complete la línea 40 (Formulario 1040). Amend 2013 tax return Vea el capítulo 20 para información sobre cómo calcular la deducción estándar. Amend 2013 tax return Ejemplo Para el año tributario 2013, Guillermo y Teresa Valdez presentan la declaración conjunta en el Formulario 1040. Amend 2013 tax return Tienen ingresos brutos ajustados de $325,500 en la línea 38. Amend 2013 tax return Las deducciones detalladas de su Anexo A son las siguientes: Impuestos pagados —línea 9   $ 17,900 Intereses pagados —líneas 10,11,12 y 13   45,000 Gasto de intereses de inversión  —línea 14   41,000 Donaciones a organizaciones caritativas —línea 19   21,000 Gastos laborales —línea 27   17,240 Total   $142,140       La deducción por gastos de intereses de inversión de los Valdez ($41,000 de la línea 14 del Anexo A (Formulario 1040) no está sujeta al límite general de las deducciones detalladas. Amend 2013 tax return Los Valdez utilizan la Itemized Deductions Worksheet (Hoja de trabajo de las deducciones detalladas), en las Instrucciones del Anexo A (Formulario 1040) para calcular el límite general. Amend 2013 tax return Del total de las deducciones detalladas de $142,140, los Valdez pueden deducir sólo $141,375 ($142,140 - $765). Amend 2013 tax return Anotan $141,375 en la línea 29 del Anexo A (Formulario 1040). Amend 2013 tax return Prev  Up  Next   Home   More Online Publications