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Can You E File An Amended Return

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Can You E File An Amended Return

Can you e file an amended return Internal Revenue Bulletin:  2009-36  September 8, 2009  Rev. Can you e file an amended return Proc. Can you e file an amended return 2009-37 Table of Contents SECTION 1. Can you e file an amended return PURPOSE SECTION 2. Can you e file an amended return BACKGROUND SECTION 3. Can you e file an amended return SCOPE SECTION 4. Can you e file an amended return ELECTION PROCEDURES SECTION 5. Can you e file an amended return REQUIRED INFORMATION STATEMENT SECTION 6. Can you e file an amended return EFFECTIVE DATE SECTION 7. Can you e file an amended return TRANSITION RULE SECTION 8. Can you e file an amended return PAPERWORK REDUCTION ACT DRAFTING INFORMATION SECTION 1. Can you e file an amended return PURPOSE . Can you e file an amended return 01 This revenue procedure provides the exclusive procedures for taxpayers to make an election to defer recognizing discharge of indebtedness income (“COD income”) under § 108(i) of the Internal Revenue Code. Can you e file an amended return . Can you e file an amended return 02 This revenue procedure also requires taxpayers making the § 108(i) election to provide additional information on returns beginning with the taxable year following the taxable year for which the taxpayer makes the election. Can you e file an amended return This revenue procedure describes the time and manner of providing this additional information. Can you e file an amended return . Can you e file an amended return 03 The Internal Revenue Service and Treasury Department intend to issue additional guidance under § 108(i) that may include regulations addressing matters in this revenue procedure. Can you e file an amended return Taxpayers should be aware that these regulations may be retroactive. Can you e file an amended return See § 7805(b)(2). Can you e file an amended return This revenue procedure may be modified to provide procedures consistent with additional guidance. Can you e file an amended return SECTION 2. Can you e file an amended return BACKGROUND . Can you e file an amended return 01 Section 108(i), Generally. Can you e file an amended return Section 108(i) was added to the Code by § 1231 of the American Recovery and Reinvestment Tax Act of 2009, Pub. Can you e file an amended return L. Can you e file an amended return No. Can you e file an amended return 111-5, 123 Stat. Can you e file an amended return 338. Can you e file an amended return In general, § 108(i) provides that, at the election of a taxpayer, COD income realized in connection with a reacquisition after December 31, 2008, and before January 1, 2011, of an applicable debt instrument is includible in gross income ratably over a 5-taxable-year inclusion period, beginning with the taxpayer’s fourth or fifth taxable year following the taxable year of the reacquisition. Can you e file an amended return Generally, if a taxpayer makes a § 108(i) election and reacquires (or is treated as reacquiring) the applicable debt instrument generating the COD income for a new debt instrument with original issue discount (“OID”), then interest deductions for this OID also are deferred, as provided in § 108(i)(2). Can you e file an amended return The OID deferral rule, however, does not apply if the amount of OID is less than a de minimis amount, as determined under § 1273(a)(3) and § 1. Can you e file an amended return 1273-1(d) of the Income Tax Regulations. Can you e file an amended return The OID deferral rule in § 108(i)(2) applies at the entity level for a pass-through entity. Can you e file an amended return For example, a partnership (and therefore its partners) may not deduct currently the OID described in § 108(i)(2)(A)(i). Can you e file an amended return A taxpayer must take into account any item of income or deduction deferred under § 108(i), and not previously taken into account, in the taxable year in which certain events occur (such as the liquidation of the taxpayer and upon other events specified in administrative guidance). Can you e file an amended return See § 108(i)(5)(D). Can you e file an amended return The rule regarding acceleration of deferred COD income and OID deductions also applies in the case of certain dispositions by persons holding ownership interests in pass-through entities. Can you e file an amended return Section 108(i)(5)(D)(ii). Can you e file an amended return For purposes of § 108(i), regulated investment companies (as defined in § 851(a)) and real estate investment trusts (as defined in § 856(a)) are not pass-through entities. Can you e file an amended return . Can you e file an amended return 02 Applicable Debt Instrument. Can you e file an amended return Section 108(i)(3)(A) defines the term “applicable debt instrument” to mean any debt instrument issued by a C corporation or by any other person in connection with the conduct of a trade or business by that person. Can you e file an amended return The term “debt instrument” means any bond, debenture, note, certificate, or any other instrument or contractual arrangement constituting indebtedness within the meaning of § 1275(a)(1). Can you e file an amended return Section 108(i)(3)(B). Can you e file an amended return For purposes of § 108(i), in the case of an intercompany obligation (as defined in § 1. Can you e file an amended return 1502-13(g)(2)(ii)), an applicable debt instrument includes only an instrument for which COD income is realized upon the instrument’s deemed satisfaction under § 1. Can you e file an amended return 1502-13(g)(5). Can you e file an amended return . Can you e file an amended return 03 Reacquisition. Can you e file an amended return Section 108(i)(4)(A) defines the term “reacquisition” to mean, with respect to any applicable debt instrument, any acquisition of the debt instrument by the debtor that issued (or is otherwise the obligor under) the debt instrument, or a person related to the debtor under § 108(e)(4). Can you e file an amended return The term “acquisition” includes an acquisition of the debt instrument for cash or other property, the exchange of the debt instrument for another debt instrument (including an exchange resulting from a modification of the debt instrument), the exchange of the debt instrument for corporate stock or a partnership interest, the contribution of the debt instrument to capital, and the complete forgiveness of the indebtedness by the holder of the debt instrument. Can you e file an amended return See § 108(i)(4)(B). Can you e file an amended return The term “acquisition” also includes an indirect acquisition within the meaning of § 1. Can you e file an amended return 108-2(c) if a direct acquisition of the debt instrument would qualify for an election under § 108(i). Can you e file an amended return For example, if a corporation acquires debt of a partnership that the partnership issued in connection with its trade or business, and the partnership and corporation become related within six months of the corporation’s acquisition of the debt, the indirect acquisition is an acquisition for which an election under § 108(i) may be made. Can you e file an amended return . Can you e file an amended return 04 General Requirements for the Section 108(i) Election. Can you e file an amended return Section 108(i)(5)(B) provides, in general, that a taxpayer makes the § 108(i) election by including a statement that clearly identifies the applicable debt instrument with the return of tax imposed for the taxable year in which the reacquisition of the instrument occurs. Can you e file an amended return (For purposes of this revenue procedure, a return of tax or income tax return includes an information return, and a taxpayer includes a person that files an information return. Can you e file an amended return ) The statement must include the amount of income to which § 108(i)(1) applies and other information the Service may prescribe. Can you e file an amended return Once made, a § 108(i) election is irrevocable and, except as provided in section 7 of this revenue procedure, may not be modified. Can you e file an amended return . Can you e file an amended return 05 Section 108(i) Elections Made by Pass-through Entities. Can you e file an amended return In the case of COD income realized by a pass-through entity from the reacquisition of an applicable debt instrument, the pass-through entity makes the § 108(i) election. Can you e file an amended return Section 108(i)(5)(B)(iii). Can you e file an amended return . Can you e file an amended return 06 Additional Information on Subsequent Years’ Returns. Can you e file an amended return Section 108(i)(7) authorizes the Service to issue guidance necessary or appropriate for applying § 108(i), including requiring reporting the election and other information on returns of tax for subsequent taxable years. Can you e file an amended return . Can you e file an amended return 07 Exclusivity. Can you e file an amended return Section 108(i)(5)(C) provides that if a taxpayer elects to apply § 108(i) to an applicable debt instrument, § 108(a)(1)(A), (B), (C), and (D) do not apply to COD income deferred under § 108(i). Can you e file an amended return . Can you e file an amended return 08 Allocation of Deferred COD Income on Partnership Indebtedness. Can you e file an amended return Section 4. Can you e file an amended return 04(3) of this revenue procedure describes how a partnership may elect under § 108(i) to defer a portion of the COD income realized from the reacquisition of an applicable debt instrument. Can you e file an amended return If a partnership elects to defer all or any portion of COD income realized from the reacquisition of an applicable debt instrument, all of the COD income with respect to that debt instrument, without regard to § 108(i), is allocated to the partners in the partnership immediately before the reacquisition in the manner in which the income would be included in the distributive shares of these partners under § 704 and the regulations thereunder, including § 1. Can you e file an amended return 704-1(b)(2)(iii). Can you e file an amended return Each partner’s share of this COD income is the partner’s COD income amount (“COD income amount”). Can you e file an amended return The partner’s COD income amount that is deferred under § 108(i) is the partner’s deferred amount (“deferred amount”). Can you e file an amended return The partner’s COD income amount that is not deferred and is included in the partner’s distributive share of partnership income for the taxable year of the partnership in which the reacquisition occurs is the partner’s included amount (“included amount”). Can you e file an amended return . Can you e file an amended return 09 Partner’s Deferred § 752 Amount. Can you e file an amended return A decrease in a partner’s share of a partnership liability resulting from the reacquisition of an applicable debt instrument that is not treated as a current distribution of money to the partner under § 752 by reason of § 108(i)(6) is the partner’s deferred § 752 amount (“deferred § 752 amount”). Can you e file an amended return A partner’s deferred § 752 amount may not exceed the lesser of (i) the partner’s deferred amount or (ii) gain that the partner would recognize in the year of reacquisition under § 731 as a result of the reacquisition absent § 108(i)(6). Can you e file an amended return To determine the amount of gain the partner would recognize under clause (ii) of the preceding sentence, the amount of any deemed distribution of money under § 752(b) resulting from the decrease in the partner’s share of a reacquired applicable debt instrument that is treated as an advance or draw of money under § 1. Can you e file an amended return 731-1(a)(1)(ii) is determined as if no COD income resulting from the reacquisition of the applicable debt instrument is deferred under § 108(i). Can you e file an amended return See Rev. Can you e file an amended return Rul. Can you e file an amended return 92-97, 1992-2 C. Can you e file an amended return B. Can you e file an amended return 124, and Rev. Can you e file an amended return Rul. Can you e file an amended return 94-4, 1994-1 C. Can you e file an amended return B. Can you e file an amended return 195. Can you e file an amended return A partner’s deferred § 752 amount is treated as a distribution of money to the partner under § 752 at the same time, and to the extent remaining in the same amount, as the partner recognizes the COD income deferred under § 108(i). Can you e file an amended return . Can you e file an amended return 10 Allocation of Deferred COD Income on S Corporation Indebtedness. Can you e file an amended return For purposes of § 108(i), an S corporation’s COD income deferred under § 108(i) is shared pro rata only among those shareholders that are shareholders of the S corporation immediately before the reacquisition transaction. Can you e file an amended return . Can you e file an amended return 11 Deferred COD Income, Earnings and Profits, and Alternative Minimum Taxable Income. Can you e file an amended return (1) In general. Can you e file an amended return The Service and Treasury Department intend to issue regulations regarding the computation of a corporation’s earnings and profits with respect to COD income and OID deductions that are deferred under § 108(i). Can you e file an amended return These regulations generally will provide that deferred COD income increases earnings and profits in the taxable year that it is realized and not in the taxable year or years that the deferred COD income is includible in gross income. Can you e file an amended return OID deductions deferred under § 108(i) generally will decrease earnings and profits in the taxable year or years in which the deduction would be allowed without regard to § 108(i). Can you e file an amended return COD income and OID deductions that are deferred increase or decrease adjusted current earnings under § 56(g)(4) in the taxable year or years that the income or deduction is includible or deductible in determining taxable income. Can you e file an amended return See § 1. Can you e file an amended return 56(g)-1(c)(1). Can you e file an amended return (2) Exceptions for certain special status corporations. Can you e file an amended return The Service and Treasury Department intend to issue regulations providing that in the case of regulated investment companies and real estate investment trusts, COD income deferred under § 108(i) generally increases earnings and profits in the taxable year or years in which the deferred COD income is includible in gross income and not in the year that the deferred COD income is realized. Can you e file an amended return OID deductions deferred under § 108(i) generally decrease earnings and profits in the taxable year or years that the deferred OID deductions are deductible. Can you e file an amended return . Can you e file an amended return 12 Extension of Time to Make Election. Can you e file an amended return Under § 301. Can you e file an amended return 9100-1 of the Procedure and Administration Regulations, the Service may grant an extension of time to make a regulatory election. Can you e file an amended return An election is a regulatory election if the due date is prescribed by regulation or other published guidance of general applicability. Can you e file an amended return Section 301. Can you e file an amended return 9100-2(a) provides an automatic 12-month extension from the due date for making certain regulatory elections. Can you e file an amended return SECTION 3. Can you e file an amended return SCOPE This revenue procedure applies to taxpayers that realize COD income from a reacquisition after December 31, 2008, and before January 1, 2011, of an applicable debt instrument, as provided in § 108(i). Can you e file an amended return SECTION 4. Can you e file an amended return ELECTION PROCEDURES . Can you e file an amended return 01 In General. Can you e file an amended return (1) A taxpayer within the scope of this revenue procedure makes the § 108(i) election by— (a) Attaching a statement meeting the requirements of section 4. Can you e file an amended return 05 of this revenue procedure to the taxpayer’s timely filed (including extensions) original federal income tax return for the taxable year in which the reacquisition of the applicable debt instrument occurs, and (b) If applicable, satisfying the additional requirements of section 4. Can you e file an amended return 07, 4. Can you e file an amended return 08, 4. Can you e file an amended return 09, or 4. Can you e file an amended return 10 of this revenue procedure. Can you e file an amended return (2) The Service grants an automatic extension of 12 months from the due date prescribed in section 4. Can you e file an amended return 01(1)(a) of this revenue procedure for making the § 108(i) election. Can you e file an amended return The rules that apply to an automatic extension under § 301. Can you e file an amended return 9100-2(a) apply to this automatic extension. Can you e file an amended return . Can you e file an amended return 02 Section 108(i) Elections Made by Members of Consolidated Groups. Can you e file an amended return The common parent of a consolidated group makes the § 108(i) election on behalf of all members of the group. Can you e file an amended return See § 1. Can you e file an amended return 1502-77(a). Can you e file an amended return . Can you e file an amended return 03 Aggregation Rule. Can you e file an amended return A taxpayer within the scope of this revenue procedure may treat two or more applicable debt instruments that are part of the same issue and that are reacquired during the same taxable year as one applicable debt instrument for purposes of this revenue procedure. Can you e file an amended return A pass-through entity may not treat two or more applicable debt instruments as one applicable debt instrument under this section 4. Can you e file an amended return 03 if the owners and their ownership interests in the pass-through entity immediately prior to the reacquisition of each applicable debt instrument are not identical. Can you e file an amended return . Can you e file an amended return 04 Partial Elections. Can you e file an amended return (1) A taxpayer within the scope of this revenue procedure may make an election for any portion of COD income realized from the reacquisition of any applicable debt instrument. Can you e file an amended return Thus, for example, if a taxpayer realizes $100 of COD income from the reacquisition of an applicable debt instrument, the taxpayer may elect under § 108(i)(1) to defer only $40 of the $100 of COD income. Can you e file an amended return The taxpayer may exclude from income the portion of COD income that the taxpayer does not elect to defer under § 108(i) ($60 in this example) under § 108(a)(1)(A), (B), (C), or (D), if applicable. Can you e file an amended return (2) A taxpayer is not required to make an election for the same portion of COD income arising from each applicable debt instrument that it reacquires, but may make an election for different portions of COD income arising from different applicable debt instruments (whether or not part of the same issue). Can you e file an amended return Thus, for example, if a taxpayer realizes $100 of COD income from the reacquisition of an applicable debt instrument (Instrument A) and $100 of COD income from the reacquisition of a different applicable debt instrument (Instrument B), the taxpayer may elect to defer all or a portion of the COD income associated with Instrument A and none or a different portion of the COD income associated with Instrument B. Can you e file an amended return (3) A partnership that elects to defer less than all of the COD income realized from the reacquisition of an applicable debt instrument may determine, in any manner, the portion, if any, of a partner’s COD income amount that is the partner’s deferred amount and the portion, if any, of a partner’s COD income amount that is the partner’s included amount. Can you e file an amended return Thus, for example, one partner’s deferred amount may be zero while another partner’s deferred amount may equal that partner’s COD income amount (or any portion thereof). Can you e file an amended return A partner may exclude from income the partner’s included amount under § 108(a)(1)(A), (B), (C), or (D), if applicable. Can you e file an amended return The provisions of this section 4. Can you e file an amended return 04(3) apply for purposes of § 108(i) only and are not intended as an interpretation of or a change to existing law under § 704. Can you e file an amended return . Can you e file an amended return 05 Contents of Election Statement. Can you e file an amended return A statement meets the requirements of this section 4. Can you e file an amended return 05 if the statement— (1) Label. Can you e file an amended return States “Section 108(i) Election” across the top. Can you e file an amended return (2) Required information. Can you e file an amended return Provides, for each applicable debt instrument the reacquisition of which generates COD income that the taxpayer is electing to defer under § 108(i)— (a) The name and taxpayer identification numbers, if any, of the issuer or issuers of the applicable debt instrument; (b) A general description of the applicable debt instrument (including the issue and maturity dates) and, in the case of any person other than a C corporation, a general description of the person’s trade or business to which the applicable debt instrument is connected; (c) A general description of the reacquisition transaction or transactions generating the COD income (including the date(s) of the transaction(s)); (d) The total amount of COD income for the applicable debt instrument that results from the reacquisition (in the case of a partnership, the aggregate of the partners’ COD income amounts) and a general description of the manner in which this amount is calculated; (e) The amount of COD income for the applicable debt instrument that the taxpayer is electing to defer under § 108(i); (f) In the case of a partnership, a list of partners that have a deferred amount, their identifying information and each partner’s deferred amount; and in the case of an S corporation, a list of shareholders with COD income deferred under § 108(i), their identifying information and each shareholder’s share of the S corporation’s deferred COD income; and (g) In cases in which a new debt instrument is issued or deemed issued in exchange for the applicable debt instrument (including exchanges under § 108(e)(4), § 108(i)(2)(B), and § 1. Can you e file an amended return 1001-3), the issuer’s name, the issuer’s taxpayer identification number, if any, a general description of the new debt instrument and whether the new debt instrument has OID, and if the new debt instrument has OID, a schedule of the OID that the issuer expects to accrue each taxable year on the instrument and the amount of OID that the issuer expects to defer under § 108(i)(2) each taxable year. Can you e file an amended return . Can you e file an amended return 06 Supplemental information. Can you e file an amended return The statement described in section 4. Can you e file an amended return 05 of this revenue procedure may specify for each applicable debt instrument an amount greater than the amount identified in section 4. Can you e file an amended return 05(2)(e) of this revenue procedure that the taxpayer elects to defer under § 108(i) in the event the Service subsequently concludes that the taxpayer understated the amount of COD income described in section 4. Can you e file an amended return 05(2)(d) of this revenue procedure. Can you e file an amended return This additional amount of COD income the taxpayer elects to defer may be described as the entire additional COD income, or as a percentage of any additional COD income. Can you e file an amended return If the taxpayer is a partnership, the partnership must specify each partner’s share of the partnership’s additional COD income that would be deferred (the partner’s additional deferred amount), which the partnership may describe for each partner as the partner’s entire share of the partnership’s additional COD income or as a percentage of the partner’s share of the partnership’s additional COD income. Can you e file an amended return If the taxpayer is an S corporation, the S corporation must specify each shareholder’s share of the S corporation’s additional COD income that would be deferred, which the S corporation may describe for each shareholder as the shareholder’s entire share of the S corporation’s additional COD income or as a percentage of the shareholder’s share of the S corporation’s additional COD income. Can you e file an amended return In the case of partnerships and S corporations, the additional COD income and the portion of additional COD income that would be deferred are allocated or determined as provided in sections 2. Can you e file an amended return 08, 2. Can you e file an amended return 10 and, if applicable, 4. Can you e file an amended return 04(3) of this revenue procedure, respectively, as if the additional COD income was realized. Can you e file an amended return . Can you e file an amended return 07 Additional Requirements for Certain Partnerships Making a § 108(i) Election. Can you e file an amended return The rules of this section 4. Can you e file an amended return 07 apply to partnerships other than partnerships described in section 4. Can you e file an amended return 10 of this revenue procedure. Can you e file an amended return (1) Information filing on Schedule K-1 (Form 1065 and Form 1065-B). Can you e file an amended return For the taxable year in which the § 108(i) election is made, the partnership must report on the Schedule K-1 (Form 1065 or Form 1065-B), Partner’s Share of Income, Deductions, Credits, etc. Can you e file an amended return , in the manner specified in the instructions to the forms, for each partner § 108(i) information on an aggregate basis for all applicable debt instruments for which a § 108(i) election is made. Can you e file an amended return Partnerships reporting § 108(i) information on the 2008 Schedule K-1 (Form 1065 or Form 1065-B) must report for each partner on an aggregate basis for all applicable debt instruments for which a § 108(i) election is made: (a) The partner’s deferred amount that the partner must include in income in the current taxable year under § 108(i)(1) or § 108(i)(5)(D)(i) or (ii), in box 11 (“other income”) using code F for Schedule K-1 (Form 1065) or in box 9 (“other”) using code U for Schedule K-1 (Form 1065-B); (b) The partner’s share of the partnership’s OID deduction deferred under § 108(i)(2)(A)(i) that is allowable as a deduction in the current taxable year under § 108(i)(2)(A)(ii) or § 108(i)(5)(D)(i) or (ii), in box 13 (“other deductions”) using code W for Schedule K-1 (Form 1065) or in box 9 (“other”) using code U for Schedule K-1 (Form 1065-B); (c) The partner’s deferred amount that has not been included in income in the current or prior taxable years, in box 20 (“other information”) using code X for Schedule K-1 (Form 1065) or in box 9 (“other”) using code U for Schedule K-1 (Form 1065-B); (d) The partner’s share of the partnership’s OID deduction deferred under § 108(i)(2)(A)(i) that has not been deducted in the current or prior taxable years, in box 20 (“other information”) using code X for Schedule K-1 (Form 1065) or in box 9 (“other”) using code U for Schedule K-1 (Form 1065-B); (e) The partner’s deferred § 752 amount that is treated as a distribution of money to the partner under § 752 in the current taxable year, in box 20 (“other information”) using code X for Schedule K-1 (Form 1065) or in box 9 (“other”) using code U for Schedule K-1 (Form 1065-B); and (f) The partner’s deferred § 752 amount remaining as of the end of the current taxable year, in box 20 (“other information”) using code X for Schedule K-1 (Form 1065) or in box 9 (“other”) using code U for Schedule K-1 (Form 1065-B). Can you e file an amended return (2) Election information statement provided to partners. Can you e file an amended return The partnership must attach to the Schedule K-1 (Form 1065 or Form 1065-B) provided to each partner for the taxable year in which the § 108(i) election is made a statement satisfying the requirements of this section 4. Can you e file an amended return 07(2). Can you e file an amended return The partnership should not attach these statements to the Schedules K-1 that are filed with the Service, but must retain these statements, and each partner must retain that partner’s statement, in their respective books and records. Can you e file an amended return A statement meets the requirements of this section 4. Can you e file an amended return 07(2) if the statement— (a) Label. Can you e file an amended return States “Section 108(i) Election Information Statement for Partners” across the top. Can you e file an amended return (b) Required information. Can you e file an amended return Clearly identifies for each applicable debt instrument to which an election under § 108(i) applies— (i) The partner’s COD income amount, the partner’s deferred amount, and the partner’s included amount; (ii) The partner’s deferred amount that the partner must include in income in the current taxable year under § 108(i)(5)(D)(i) or (ii); (iii) The partner’s share of the partnership’s OID deduction deferred under § 108(i)(2)(A)(i) in the current taxable year; (iv) The partner’s share of the partnership’s OID deduction deferred under § 108(i)(2)(A)(i) that is allowable as a deduction in the current taxable year under § 108(i)(5)(D)(i) or (ii); (v) The partner’s share of each liability of the partnership described in section 4. Can you e file an amended return 05(2)(g) of this revenue procedure; (vi) The partner’s share of the decrease in the partnership liability that results from the reacquisition of the applicable debt instrument; (vii) The partner’s share of the decrease in the partnership liability that results from the reacquisition of the applicable debt instrument that is treated as a distribution of money to the partner under § 752 in the current taxable year; (viii) The partner’s deferred § 752 amount as described in section 2. Can you e file an amended return 09 of this revenue procedure; (ix) The partner’s additional deferred amount as described in section 4. Can you e file an amended return 06 of this revenue procedure; and (x) The date of the reacquisition transaction generating the COD income. Can you e file an amended return (c) If a partner fails to provide the written statement required by section 4. Can you e file an amended return 07(3) of this revenue procedure, the partnership must indicate that the amounts described in section 4. Can you e file an amended return 07(2)(b)(vii) and (viii) of this revenue procedure cannot be calculated because the partner did not provide the information necessary to report these amounts. Can you e file an amended return (3) Partner reporting requirements. Can you e file an amended return The partnership must make reasonable efforts prior to making a § 108(i) election to secure from each partner with a deferred amount for which it does not have the information necessary to compute the partner’s basis in its partnership interest (and its deferred § 752 amount as described in section 2. Can you e file an amended return 09 of this revenue procedure) a written statement signed under penalties of perjury that includes this information. Can you e file an amended return Each partner with a deferred amount must provide this written statement to the partnership within 30 days of the date of request by the partnership. Can you e file an amended return A partner’s failure to comply with this reporting requirement does not invalidate the partnership’s election under § 108(i) for an applicable debt instrument only if the partnership makes reasonable efforts before making the § 108(i) election to obtain the written statement from the partner and otherwise complies with the requirements of section 4 of this revenue procedure. Can you e file an amended return If a partner provides its written statement under this section 4. Can you e file an amended return 07(3) after the partnership has provided to the partner the Section 108(i) Election Information Statement for Partners, the partnership must provide to the partner a revised Section 108(i) Election Information Statement for Partners reporting the information required under section 4. Can you e file an amended return 07(2)(b)(vii) and (viii) of this revenue procedure and report the partner’s deferred § 752 amount on the partner’s Schedule K-1 (Form 1065 or Form 1065-B) in subsequent taxable years. Can you e file an amended return . Can you e file an amended return 08 Additional Requirements for an S Corporation Making a § 108(i) Election. Can you e file an amended return (1) Information filing on Schedule K-1 (Form 1120S). Can you e file an amended return For the taxable year in which the § 108(i) election is made, the S corporation must report on the Schedule K-1 (Form 1120S), Shareholder’s Share of Income, Deductions, Credits, etc. Can you e file an amended return , in the manner specified in the instructions to the forms, for each shareholder § 108(i) information on an aggregate basis for all applicable debt instruments for which a § 108(i) election is made. Can you e file an amended return S corporations reporting § 108(i) information on the 2008 Schedule K-1 (Form 1120S) must report for each shareholder, on an aggregate basis for all applicable debt instruments for which a § 108(i) election is made, the shareholder’s share of the S corporation’s: (a) COD income deferred under § 108(i) that the shareholder must include in income in the current taxable year under § 108(i)(1) or § 108(i)(5)(D)(i) or (ii), in box 10 (“other income”) using code E; (b) OID deduction deferred under § 108(i)(2)(A)(i) that is allowable as a deduction in the current taxable year under § 108(i)(2)(A)(ii), or § 108(i)(5)(D)(i) or (ii), in box 12 (“other deductions”) using code S; (c) COD income deferred under § 108(i) that has not been included in income in the current or prior taxable years, in box 17 (“other information”) using code T; and (d) OID deduction deferred under § 108(i)(2)(A)(i) that has not been deducted in the current or prior taxable years, in box 17 (“other information”) using code T. Can you e file an amended return (2) Election information statement provided to shareholders. Can you e file an amended return The S corporation must attach to the Schedule K-1 (Form 1120S) provided to each shareholder for the taxable year in which the § 108(i) election is made, a statement satisfying the requirements of this section 4. Can you e file an amended return 08(2). Can you e file an amended return The S corporation should not attach these statements to the Schedules K-1 that are filed with the Service, but must retain these statements, and each shareholder must retain that shareholder’s statement, in their respective books and records. Can you e file an amended return A statement meets the requirements of this section 4. Can you e file an amended return 08(2) if the statement— (a) Label. Can you e file an amended return States “Section 108(i) Election Information Statement for Shareholders” across the top. Can you e file an amended return (b) Required information. Can you e file an amended return Clearly identifies for each applicable debt instrument to which an election under § 108(i) applies, the shareholder’s share of the S corporation’s— (i) COD income that the S corporation elects to defer under § 108(i); (ii) COD income deferred under § 108(i) that the shareholder must include in income in the current taxable year under § 108(i)(5)(D)(i) or (ii); (iii) OID deduction deferred under § 108(i)(2)(A)(i) in the current taxable year; (iv) OID deduction deferred under § 108(i)(2)(A)(i) that is allowable as a deduction in the current taxable year under § 108(i)(5)(D)(i) or (ii); and (v) Additional COD income that would be deferred as described in section 4. Can you e file an amended return 06 of this revenue procedure. Can you e file an amended return . Can you e file an amended return 09 Section 108(i) Elections Made on Behalf of Certain Foreign Corporations. Can you e file an amended return The controlling domestic shareholder(s) (or common parent of the controlling domestic shareholder(s), if applicable) of a controlled foreign corporation or a noncontrolled § 902 corporation not otherwise required to file a return of tax may make the § 108(i) election on behalf of the foreign corporation by satisfying the requirements of § 1. Can you e file an amended return 964-1(c)(3). Can you e file an amended return Each controlling domestic shareholder must attach a statement identifying the foreign corporation and satisfying the requirements of section 4. Can you e file an amended return 05 of this revenue procedure and, if applicable, section 4. Can you e file an amended return 06 of this revenue procedure, to its federal income tax return for the taxable year ending within or with the taxable year of the foreign corporation for which the § 108(i) election is made. Can you e file an amended return . Can you e file an amended return 10 Section 108(i) Elections Made By Certain Foreign Partnerships. Can you e file an amended return The rules of this section 4. Can you e file an amended return 10 apply to a foreign partnership making a § 108(i) election that is not otherwise required to file a federal partnership return (“nonfiling foreign partnership”). Can you e file an amended return See § 1. Can you e file an amended return 6031(a)-1(b). Can you e file an amended return (1) A nonfiling foreign partnership making the election must attach a statement satisfying the requirements of section 4. Can you e file an amended return 05 of this revenue procedure and, if applicable, section 4. Can you e file an amended return 06 of this revenue procedure, to a partnership return satisfying the requirements of § 1. Can you e file an amended return 6031(a)-1(b)(5) it files with the Service. Can you e file an amended return In addition, a nonfiling foreign partnership must include in the information required in section 4. Can you e file an amended return 05(2)(d) and (e) of this revenue procedure the aggregate amounts for all partners as well as the aggregate amounts for all U. Can you e file an amended return S. Can you e file an amended return persons (as defined in § 7701(a)(30)) and controlled foreign corporation(s) that are partners with deferred amounts in the nonfiling foreign partnership (“affected partners”). Can you e file an amended return (2) The nonfiling foreign partnership must make the election, in accordance with § 1. Can you e file an amended return 6031(a)-1(b)(5), by the date provided in section 4. Can you e file an amended return 01(1)(a) of this revenue procedure, as if it had a filing obligation for the taxable year in which the reacquisition of the applicable debt instrument occurs. Can you e file an amended return (3) For each affected partner, the partnership must file with the Service a Schedule K-1 (Form 1065) and report on the Schedule K-1 (Form 1065) for the affected partner as provided in section 4. Can you e file an amended return 07(1) of this revenue procedure. Can you e file an amended return Except for this § 108(i) information, the partnership need not complete Part III of the Schedule K-1 (Form 1065). Can you e file an amended return The partnership must provide a copy of the respective Schedule K-1 (Form 1065) to each affected partner and must also attach to the Schedule K-1 (Form 1065) provided to each affected partner a statement satisfying the requirements of section 4. Can you e file an amended return 07(2) of this revenue procedure by the date provided in section 4. Can you e file an amended return 01(1)(a) of this revenue procedure. Can you e file an amended return The partnership should not attach any statement described in section 4. Can you e file an amended return 07(2) of this revenue procedure to the Schedules K-1 that are filed with the Service. Can you e file an amended return However, the partnership must retain the statements provided to the affected partners, and each affected partner must retain that partner’s statement, in their respective books and records. Can you e file an amended return (4) The partnership and each affected partner must satisfy the requirements of section 4. Can you e file an amended return 07(3) of this revenue procedure. Can you e file an amended return . Can you e file an amended return 11 Protective § 108(i) Election. Can you e file an amended return (1) In general. Can you e file an amended return A taxpayer may make a protective election under § 108(i) for an applicable debt instrument if the taxpayer concludes that a particular transaction does not result in the realization of COD income, reports the transaction on its federal income tax return in a manner consistent with the taxpayer’s conclusion, and would be within the scope of this revenue procedure if the taxpayer’s conclusion were incorrect. Can you e file an amended return If the Service at any time determines the taxpayer’s conclusion that the particular transaction does not result in the realization of COD income is incorrect, the taxpayer’s protective election is treated as a valid, irrevocable election under § 108(i). Can you e file an amended return Thus, if a taxpayer makes a protective election, the Service subsequently may require the taxpayer to report COD income deferred pursuant to the valid and irrevocable protective election even if the statute of limitations has expired for the year in which the COD income was realized and the protective election was made. Can you e file an amended return A taxpayer makes a protective election by attaching a statement satisfying the requirements of this section 4. Can you e file an amended return 11(1) to the taxpayer’s original federal income tax return within the period described in section 4. Can you e file an amended return 01(1)(a) of this revenue procedure. Can you e file an amended return The taxpayer also must attach the election to its federal income tax return in each of the 8 or 9 taxable years, as applicable, following the taxable year of the election. Can you e file an amended return A statement meets the requirements of this section 4. Can you e file an amended return 11(1) if the statement— (a) States “Section 108(i) Protective Election” across the top; (b) Provides the information required under section 4. Can you e file an amended return 05(2)(a), (b), and (c) of this revenue procedure; (c) Provides that the amounts described in sections 4. Can you e file an amended return 05(2)(d) and (e) of this revenue procedure are zero; and (d) Provides the information described in section 4. Can you e file an amended return 06 of this revenue procedure. Can you e file an amended return (2) Statements provided to shareholders and partners. Can you e file an amended return (a) For each applicable debt instrument, a partnership or S corporation that makes a protective election must attach to the Schedule K-1 (Form 1065, Form 1065-B, or Form 1120S) it provides each of its partners or shareholders, as the case may be, for the taxable year in which the protective election is made a statement containing the information described in section 4. Can you e file an amended return 11(1)(b) of this revenue procedure (an S corporation need not provide its shareholders with the date(s) of the transaction(s) that would constitute the reacquisition transaction or transactions) and the partner’s or shareholder’s share of the additional COD income that would be deferred as described in section 4. Can you e file an amended return 11(1)(d) of this revenue procedure. Can you e file an amended return (b) The partnership or S corporation should not attach the statements described in this section 4. Can you e file an amended return 11(2) to the Schedules K-1 that are filed with the Service but must retain these statements, and each partner and shareholder must retain that partner’s or shareholder’s statement, in their respective books and records. Can you e file an amended return . Can you e file an amended return 12 Election-Year Reporting by Tiered Pass-Through Entities. Can you e file an amended return (1) A partnership required to file a U. Can you e file an amended return S. Can you e file an amended return partnership return other than under § 1. Can you e file an amended return 6031(a)-1(b)(5), or an S corporation, that receives a Schedule K-1 (Form 1065 or Form 1065-B) reflecting its share of any items listed in section 4. Can you e file an amended return 07(1) of this revenue procedure, must report on the Schedules K-1 (Form 1065, Form 1065-B, or Form 1120S) to its partners or shareholders, as the case may be, each partner’s or shareholder’s share of those items (an S corporation only reports to its shareholders the items described in section 4. Can you e file an amended return 07(1)(a) through (d) of this revenue procedure). Can you e file an amended return (2) If a partnership described in section 4. Can you e file an amended return 12(1) of this revenue procedure receives a statement described in sections 4. Can you e file an amended return 07(2) or 4. Can you e file an amended return 10(3) of this revenue procedure or this section 4. Can you e file an amended return 12(2), it must provide each of its partners a statement containing the partner’s share of each of the items listed on each statement received by the partnership, including the information described in section 4. Can you e file an amended return 07(2)(b)(x) of this revenue procedure. Can you e file an amended return If an S corporation receives a statement described in sections 4. Can you e file an amended return 07(2) or 4. Can you e file an amended return 10(3) of this revenue procedure or this section 4. Can you e file an amended return 12(2), it must provide each of its shareholders a statement containing the shareholder’s share of each of the items listed on each statement received by the S corporation that are described in section 4. Can you e file an amended return 07(2)(b)(i), (ii), (iii), (iv) and (ix) of this revenue procedure. Can you e file an amended return The partnership or S corporation must attach this statement or statements to the Schedule K-1 (Form 1065, Form 1065-B, or Form 1120S) that it provides to each of its partners or shareholders, as the case may be, for the taxable year of the partnership or S corporation. Can you e file an amended return The partnership or S corporation should not attach these statements to the Schedules K-1 that are filed with the Service but must retain these statements, and each partner and shareholder must retain that partner’s or shareholder’s statement, in their respective books and records. Can you e file an amended return (3) A partnership that receives a statement described in this section 4 identifying its COD income amount with respect to an applicable debt instrument must allocate its COD income amount, without regard to § 108(i), to the partners in the partnership immediately before the reacquisition transaction in the manner in which the income would be included in the distributive shares of these partners under § 704 and the regulations thereunder, including § 1. Can you e file an amended return 704-1(b)(2)(iii). Can you e file an amended return The partnership may determine in any manner the portion, if any, of a partner’s COD income amount that is the partner’s deferred amount and the portion, if any, of a partner’s COD income amount that is the partner’s included amount. Can you e file an amended return No partner’s deferred amount with respect to an applicable debt instrument may exceed its COD income amount with respect to the applicable debt instrument, and the aggregate of deferred amounts of its partners with respect to an applicable debt instrument must equal the partnership’s deferred amount with respect to the applicable debt instrument. Can you e file an amended return The partnership allocates amounts described in section 4. Can you e file an amended return 06 of this revenue procedure under this section 4. Can you e file an amended return 12(3) as if the additional COD income was realized. Can you e file an amended return (4) The deferred § 752 amount for partners in a partnership making a § 108(i) election is calculated only for the partnership’s direct partners. Can you e file an amended return No further adjustment to the deferred § 752 amount is made to reflect the basis or other attributes of partners that are indirect partners in the partnership. Can you e file an amended return (5) If an S corporation receives a statement described in this section 4 identifying its COD income amount, deferred amount, included amount or additional COD income that would be deferred with respect to an applicable debt instrument, these amounts are shared pro rata only among those shareholders that are shareholders in the S corporation immediately before the reacquisition transaction. Can you e file an amended return (6) This paragraph 4. Can you e file an amended return 12(6) provides the rules for Category 1 and Category 2 filers of Form 8865, Return of U. Can you e file an amended return S. Can you e file an amended return Persons With Respect to Certain Foreign Partnerships, as defined in the instructions for Form 8865, if the foreign partnership, for which the Category 1 or Category 2 filer has a filing requirement, receives a Schedule K-1 (Form 1065 or Form 1065-B) reflecting the partnership’s share of any items listed in section 4. Can you e file an amended return 07(1) of this revenue procedure, or a statement described in sections 4. Can you e file an amended return 07(2) or 4. Can you e file an amended return 10(3) of this revenue procedure (because the foreign partnership owns an interest directly or indirectly in another partnership in which an election was made under § 108(i) with respect to that foreign partnership’s distributive share from the other entity). Can you e file an amended return (a) For each partner for whom the Category 1 filer is required to complete a Schedule K-1 (Form 8865) (which includes the Category 1 filer itself), the Category 1 filer must: (i) Include the information described in section 4. Can you e file an amended return 07(1) of this revenue procedure in the Schedule K-1 (Form 8865) that the Category 1 filer files with the Service and completes for the partner; (ii) Produce a statement containing the partner’s share of the items listed on each statement received by the partnership; and (iii) Attach the statement described in section 4. Can you e file an amended return 12(6)(a)(ii) of this revenue procedure to each Schedule K-1 (Form 8865) that it is required to provide to a partner of the foreign partnership. Can you e file an amended return (b) A Category 2 filer must include its share of the information described in section 4. Can you e file an amended return 07(1) on the Schedule K-1 (Form 8865) that it is required to complete. Can you e file an amended return Category 2 filers also must complete a statement containing their share of the items listed on each statement received by the partnership. Can you e file an amended return (c) The Category 1 and Category 2 filers should not attach the statements described in sections 4. Can you e file an amended return 12(6)(a)(ii) and 4. Can you e file an amended return 12(6)(b) of this revenue procedure, respectively, to the Schedules K-1 that are filed with the Service. Can you e file an amended return However, Category 1 filers must retain the statements they complete and each partner must retain its own statement, in their respective books and records. Can you e file an amended return (7) If as a result of § 108(i)(5)(D)(ii), a partner of a partnership described in section 4. Can you e file an amended return 12(1) of this revenue procedure or a shareholder of an S corporation described in section 4. Can you e file an amended return 12(1) of this revenue procedure must recognize items deferred under § 108(i), the partnership or S corporation must report these items on the Schedule K-1 (Form 1065, Form 1065-B, or Form 1120S) and statements provided to the partner or shareholder pursuant to section 4. Can you e file an amended return 12(1) and (2) of this revenue procedure. Can you e file an amended return Similar rules apply to Category 1 and Category 2 filers (Form 8865) described in section 4. Can you e file an amended return 12(6) of this revenue procedure. Can you e file an amended return (8) The provisions of section 4. Can you e file an amended return 12(2), (3), (5) and (6) of this revenue procedure also apply to a statement received that is described in section 4. Can you e file an amended return 11(2) of this revenue procedure, except that the information that must be provided are those items described in section 4. Can you e file an amended return 11(1)(b) of this revenue procedure (an S corporation need not provide its shareholders with the date(s) of the transaction(s) that would constitute the reacquisition transaction or transactions) and the share of the partner or shareholder in the amounts described in section 4. Can you e file an amended return 11(1)(d) of this revenue procedure. Can you e file an amended return SECTION 5. Can you e file an amended return REQUIRED INFORMATION STATEMENT . Can you e file an amended return 01 Annual Information Statements. Can you e file an amended return Pursuant to § 108(i)(7)(B), a taxpayer that makes an election under § 108(i) (except for a protective election under section 4. Can you e file an amended return 11(1) of this revenue procedure) must attach a statement meeting the requirements of section 5. Can you e file an amended return 02 of this revenue procedure to its federal income tax return for each taxable year beginning with the taxable year following the taxable year for which the taxpayer makes the election and ending with the first taxable year in which all items deferred under § 108(i) have been recognized. Can you e file an amended return . Can you e file an amended return 02 Contents of Statement. Can you e file an amended return A statement meets the requirements of this section 5. Can you e file an amended return 02 if the statement— (1) Label. Can you e file an amended return States “Section 108(i) Information Statement” across the top; (2) Required information. Can you e file an amended return Clearly identifies for each applicable debt instrument to which an election under § 108(i) applies— (a) COD income deferred under § 108(i) that is included in income in the current taxable year under § 108(i)(1); (b) COD income deferred under § 108(i) that is included in income in the current taxable year under § 108(i)(5)(D), including a description and date of the acceleration event described in § 108(i)(5)(D); (c) COD income deferred under § 108(i) that has not been included in income in the current or prior taxable years (in the case of a partnership, the aggregate of the partners’ deferred amounts that have not been included in income in the current or prior taxable years, and in the case of an S corporation, the S corporation’s COD income deferred under § 108(i) that has not been included in income in the current or prior taxable years); (d) OID deduction deferred under § 108(i)(2)(A)(i) that is allowable as a deduction in the current taxable year under § 108(i)(2)(A)(ii); (e) OID deduction deferred under § 108(i)(2)(A)(i) that is allowable as a deduction in the current taxable year under § 108(i)(5)(D); and (f) OID deduction deferred under § 108(i)(2)(A)(i) that has not been deducted in the current or prior taxable years. Can you e file an amended return (3) Election attached. Can you e file an amended return Includes a copy of the election statement described in section 4. Can you e file an amended return 05 of this revenue procedure. Can you e file an amended return . Can you e file an amended return 03 Additional Annual Reporting Requirements for Certain Partnerships. Can you e file an amended return The rules of this section 5. Can you e file an amended return 03 apply to partnerships other than partnerships described in section 5. Can you e file an amended return 05 of this revenue procedure. Can you e file an amended return (1) In general. Can you e file an amended return A partnership that makes an election under § 108(i) (except for a protective election under section 4. Can you e file an amended return 11(1) of this revenue procedure) must attach to its federal income tax returns the statements required under section 5. Can you e file an amended return 01 of this revenue procedure. Can you e file an amended return In addition, for each taxable year in which a statement is required under section 5. Can you e file an amended return 01 of this revenue procedure, the partnership must report on the Schedule K-1 (Form 1065 or Form 1065-B) for each partner § 108(i) information in the manner described in section 4. Can you e file an amended return 07(1) of this revenue procedure. Can you e file an amended return (2) Annual information statements provided to partners. Can you e file an amended return The partnership must attach to the Schedule K-1 (Form 1065) provided to each partner for each taxable year in which a statement is required under section 5. Can you e file an amended return 01 of this revenue procedure, a statement meeting the requirements of this section 5. Can you e file an amended return 03(2). Can you e file an amended return The partnership should not attach these statements to the Schedules K-1 that are filed with the Service, but must retain these statements, and each partner must retain that partner’s statement, in their respective books and records. Can you e file an amended return A statement meets the requirements of this section 5. Can you e file an amended return 03(2) if the statement— (a) Label. Can you e file an amended return States “Section 108(i) Annual Information Statement for Partners” across the top of the statement. Can you e file an amended return (b) Required information. Can you e file an amended return Clearly identifies for each applicable debt instrument to which a § 108(i) election applies— (i) The partner’s deferred amount that has not been included in income as of the end of the prior taxable year; (ii) The partner’s deferred amount that the partner must include in income in the current taxable year under § 108(i)(1); (iii) The partner’s deferred amount that the partner must include in income in the current taxable year under § 108(i)(5)(D)(i) or (ii); (iv) The partner’s deferred amount that has not been included in income in the current or prior taxable years; (v) The partner’s share of the partnership’s OID deduction deferred under § 108(i)(2)(A)(i) in the current taxable year; (vi) The partner’s share of the partnership’s OID deduction deferred under § 108(i)(2)(A)(i) that is allowable as a deduction in the current taxable year under § 108(i)(2)(A)(ii); (vii) The partner’s share of the partnership’s OID deduction deferred under § 108(i)(2)(A)(i) that is allowable as a deduction in the current taxable year under § 108(i)(5)(D)(i) or (ii); (viii) The partner’s share of the partnership’s OID deduction deferred under § 108(i)(2)(A)(i) that has not been deducted in the current or prior taxable years; and (ix) The partner’s deferred § 752 amount that is treated as a distribution of money to the partner under § 752 in the current taxable year and any remaining deferred § 752 amount. Can you e file an amended return If a partner fails to provide the written statement required by section 4. Can you e file an amended return 07(3) of this revenue procedure, the partnership must indicate that the amounts described in this section 5. Can you e file an amended return 03(2)(b)(ix) cannot be calculated because the partner did not provide the information necessary to report these amounts. Can you e file an amended return . Can you e file an amended return 04 Additional Annual Reporting Requirements for an S Corporation. Can you e file an amended return (1) In general. Can you e file an amended return An S corporation that makes an election under § 108(i) (except for a protective election under section 4. Can you e file an amended return 11(1) of this revenue procedure) must attach to its federal income tax returns the statements required under section 5. Can you e file an amended return 01 of this revenue procedure. Can you e file an amended return In addition, for each taxable year in which a statement is required under section 5. Can you e file an amended return 01 of this revenue procedure, the S corporation must report on the Schedule K-1 (Form 1120S) for each shareholder § 108(i) information in the manner described in section 4. Can you e file an amended return 08(1) of this revenue procedure. Can you e file an amended return (2) Annual information statements provided to shareholders. Can you e file an amended return The S corporation must attach to the Schedule K-1 (Form 1120S) provided to each shareholder for each taxable year in which a statement is required under section 5. Can you e file an amended return 01 of this revenue procedure a statement meeting the requirements of this section 5. Can you e file an amended return 04(2). Can you e file an amended return The S corporation should not attach these statements to the Schedules K-1 that are filed with the Service, but must retain these statements, and each shareholder must retain that shareholder’s statement, in their respective books and records. Can you e file an amended return A statement meets the requirements of this section 5. Can you e file an amended return 04(2) if the statement— (a) Label. Can you e file an amended return States “Section 108(i) Annual Information Statement for Shareholders” across the top; (b) Required information. Can you e file an amended return Clearly identifies for each applicable debt instrument to which an election under § 108(i) applies, the shareholder’s share of the S corporation’s— (i) COD income deferred under § 108(i) that has not been included in income as of the end of the prior taxable year; (ii) COD income deferred under § 108(i) that the shareholder must include in income in the current taxable year under § 108(i)(1); (iii) COD income deferred under § 108(i) that the shareholder must include in income in the current taxable year under § 108(i)(5)(D)(i) or (ii); (iv) COD income deferred under § 108(i) that has not been included in income in the current or prior taxable years; (v) OID deduction deferred under § 108(i)(2)(A)(i) in the current taxable year; (vi) OID deduction deferred under § 108(i)(2)(A)(i) that is allowable as a deduction in the current taxable year under § 108(i)(2)(A)(ii); (vii) OID deduction deferred under § 108(i)(2)(A)(i) that is allowable as a deduction in the current taxable year under § 108(i)(5)(D)(i) or (ii); and (viii) OID deduction deferred under § 108(i)(2)(A)(i) that has not been deducted in the current or prior taxable years. Can you e file an amended return . Can you e file an amended return 05 Additional Annual Reporting Requirements for Certain Foreign Partnerships. Can you e file an amended return (1) The rules of this section 5. Can you e file an amended return 05 apply to nonfiling foreign partnerships. Can you e file an amended return (2) A nonfiling foreign partnership that makes an election under § 108(i) (except for a protective election under section 4. Can you e file an amended return 11(1) of this revenue procedure) must file federal income tax returns with the Service containing the information under § 1. Can you e file an amended return 6031(a)-1(b)(5) for each taxable year in which a statement is required by section 5. Can you e file an amended return 01 of this revenue procedure. Can you e file an amended return (3) The nonfiling foreign partnership must attach to its federal income tax returns the statements required under section 5. Can you e file an amended return 01 of this revenue procedure, but only for that portion of the COD income allocated to affected partners. Can you e file an amended return (4) For each taxable year in which a statement is required under section 5. Can you e file an amended return 01 of this revenue procedure, the nonfiling foreign partnership must provide each affected partner a Schedule K-1 (Form 1065) reporting § 108(i) information in the manner described in section 4. Can you e file an amended return 07(1) of this revenue procedure. Can you e file an amended return Except for this § 108(i) information, the partnership need not complete Part III of the Schedule K-1 (Form 1065). Can you e file an amended return The partnership must provide each affected partner with a copy of the Schedule K-1 (Form 1065) by the date provided in § 1. Can you e file an amended return 6031(b)-1T(b). Can you e file an amended return The partnership must attach the Schedules K-1 (Form 1065) to the federal income tax returns filed with the Service pursuant to section 5. Can you e file an amended return 05(2) of this revenue procedure. Can you e file an amended return (5) For each taxable year for which a statement is required under section 5. Can you e file an amended return 01 of this revenue procedure, the nonfiling foreign partnership must attach to each affected partner’s Schedule K-1 (Form 1065) a statement meeting the requirements of section 5. Can you e file an amended return 03(2) of this revenue procedure. Can you e file an amended return The partnership should not attach these statements to the Schedules K-1 that are filed with the Service, but must retain the statements, and each partner must retain that partner’s statement, in their respective books and records. Can you e file an amended return . Can you e file an amended return 06 Information Statements Made on Behalf of Certain Foreign Corporations. Can you e file an amended return Each controlling domestic shareholder must attach a statement identifying the foreign corporation and meeting the requirements of section 5. Can you e file an amended return 02 of this revenue procedure to the shareholder’s federal income tax return for each taxable year for which a statement is required under section 5. Can you e file an amended return 01 of this revenue procedure. Can you e file an amended return . Can you e file an amended return 07 Additional Annual Reporting Requirements for Tiered Pass-Through Entities. Can you e file an amended return (1) A partnership required to file a U. Can you e file an amended return S. Can you e file an amended return partnership return other than under § 1. Can you e file an amended return 6031(a)-1(b)(5), or an S corporation, that receives a Schedule K-1 (Form 1065 or Form 1065-B) described in the second sentence of section 5. Can you e file an amended return 03(1) of this revenue procedure reflecting its share of any § 108(i) information must report on the Schedules K-1 (Form 1065, Form 1065-B, or Form 1120S) to its partners or shareholders, as the case may be, each partner’s or shareholder’s share of those items (an S corporation only reports to its shareholders the items described in section 4. Can you e file an amended return 07(1)(a) through (d) of this revenue procedure). Can you e file an amended return (2) If a partnership described in section 5. Can you e file an amended return 07(1) of this revenue procedure receives a statement described in sections 5. Can you e file an amended return 03(2) or 5. Can you e file an amended return 05(5) of this revenue procedure or this section 5. Can you e file an amended return 07(2), it must provide each of its partners a statement containing the partner’s share of each of the items listed on each statement received by the partnership. Can you e file an amended return If an S corporation receives a statement described in sections 5. Can you e file an amended return 03(2) or 5. Can you e file an amended return 05(5) of this revenue procedure or this section 5. Can you e file an amended return 07(2), it must provide each of its shareholders a statement containing the shareholder’s share of each of the items listed on each statement received by the S corporation that are described in section 5. Can you e file an amended return 03(2)(b)(i) through (viii) of this revenue procedure. Can you e file an amended return The partnership or S corporation must attach the statement or statements to the Schedule K-1 (Form 1065 or Form 1065-B) or Schedule K-1 (Form 1120S) that is provided to each of its partners or shareholders, as the case may be, for the taxable year of the partnership or S corporation. Can you e file an amended return The partnership or S corporation should not attach these statements to the Schedules K-1 that are filed with the Service, but must retain these statements, and each partner and shareholder must retain that partner’s or shareholder’s statement, in their respective books and records. Can you e file an amended return (3) This paragraph 5. Can you e file an amended return 07(3) provides the rules for persons described in section 4. Can you e file an amended return 12(6) of this revenue procedure if the foreign partnership, for which the Category 1 or 2 filer has a filing requirement, receives a Schedule K-1 (Form 1065 or Form 1065-B) reflecting the partnership’s share of any items described in the second sentence of section 5. Can you e file an amended return 03(1) of this revenue procedure, or a statement described in sections 5. Can you e file an amended return 03(2) or 5. Can you e file an amended return 05(5) of this revenue procedure (because the foreign partnership owns an interest directly or indirectly in another partnership in which an election was made under § 108(i) with respect to that foreign partnership’s distributive share from the other entity). Can you e file an amended return (a) For each partner for whom the Category 1 filer is required to complete a Schedule K-1 (Form 8865) (which includes the Category 1 filer itself), the Category 1 filer must: (i) Include the information described in section 4. Can you e file an amended return 07(1) of this revenue procedure in the Schedule K-1 (Form 8865) that the Category 1 filer files with the Service and completes for the partner; (ii) Produce a statement containing the partner’s share of the items listed on each statement received by the partnership; and (iii) Attach the statement described in section 5. Can you e file an amended return 07(3)(a)(ii) of this revenue procedure to each Schedule K-1 (Form 8865) that it is required to provide to a partner of the foreign partnership. Can you e file an amended return (b) A Category 2 filer must include its share of the information described in section 4. Can you e file an amended return 07(1) on the Schedule K-1 (Form 8865) that it is required to complete. Can you e file an amended return Category 2 filers also must complete a statement containing their share of the items listed on each statement received by the partnership. Can you e file an amended return (c) The Category 1 and Category 2 filers should not attach the statements described in sections 5. Can you e file an amended return 07(3)(a)(ii) and 5. Can you e file an amended return 07(3)(b) of this revenue procedure, respectively, to the Schedules K-1 that are filed with the Service. Can you e file an amended return However, Category 1 filers must retain the statements they complete and each partner must retain its own statement, in their respective books and records. Can you e file an amended return (4) If as a result of § 108(i)(5)(D)(ii), a partner of a partnership described in section 5. Can you e file an amended return 07(1) of this revenue procedure or a shareholder of an S corporation described in section 5. Can you e file an amended return 07(1) of this revenue procedure must recognize items deferred under § 108(i), the partnership or S corporation must report these items on the Schedule K-1 (Form 1065, Form 1065-B, or Form 1120S) and statements provided to the partner or shareholder pursuant to section 5. Can you e file an amended return 07(1) and (2) of this revenue procedure. Can you e file an amended return Similar rules apply to Category 1 and Category 2 filers (Form 8865) described in section 4. Can you e file an amended return 12(6) of this revenue procedure. Can you e file an amended return SECTION 6. Can you e file an amended return EFFECTIVE DATE This revenue procedure is effective for reacquisitions of applicable debt instruments in taxable years ending after December 31, 2008. Can you e file an amended return SECTION 7. Can you e file an amended return TRANSITION RULE . Can you e file an amended return 01 Noncomplying Election. Can you e file an amended return Except as otherwise provided in this section 7. Can you e file an amended return 01, the Service will treat a § 108(i) election as effective if a taxpayer files an election with the taxpayer’s federal income tax return filed on or before September 16, 2009, using any reasonable procedure to make the election. Can you e file an amended return However, an election that does not comply with section 4 of this revenue procedure will not be effective unless the taxpayer on or before November 16, 2009, files an amended return for the taxable year of the election and complies with the requirements of section 4 of this revenue procedure. Can you e file an amended return . Can you e file an amended return 02 Modification of Election. Can you e file an amended return A taxpayer that files a § 108(i) election on or before September 16, 2009, may modify that election by filing an amended return on or before November 16, 2009 (for example, to modify the amount of COD income the taxpayer elects to defer). Can you e file an amended return To be effective, a modification of an election described in the preceding sentence must satisfy the requirements for an election described in section 4 of this revenue procedure. Can you e file an amended return . Can you e file an amended return 03 Notations. Can you e file an amended return A taxpayer that files the amended return on paper must write “Section 108(i) Election” on the top of the first page. Can you e file an amended return A taxpayer that files the amended return electronically should indicate “Section 108(i) Election” on the return. Can you e file an amended return See Publication 4163, Modernized e-File (MeF) Information for Authorized IRS e-file Providers for Business Returns Tax Year 2008 for more details. Can you e file an amended return SECTION 8. Can you e file an amended return PAPERWORK REDUCTION ACT The collection of information contained in this revenue procedure has been reviewed and approved by the Office of Management and Budget in accordance with the Paperwork Reduction Act (44 U. Can you e file an amended return S. Can you e file an amended return C. Can you e file an amended return 3507) under control number 1545-2147. Can you e file an amended return An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Can you e file an amended return The collection of information in this revenue procedure is in sections 4, 5 and 7. Can you e file an amended return This information is required to determine the amount of income and deductions a taxpayer elects to defer and to track those amounts until the taxpayer has reported all deferred income and deductions on the taxpayer’s tax return. Can you e file an amended return This information will be used during examination to verify that a taxpayer has correctly deferred income and deductions. Can you e file an amended return The collection of information is required to obtain a benefit. Can you e file an amended return The likely respondents are C corporations, shareholders of S corporations, partners of partnerships, and other individuals engaged in a trade or business, that reacquire applicable debt instruments in 2009 or 2010. Can you e file an amended return The estimated total annual reporting burden is 300,000 hours. Can you e file an amended return The estimated annual burden per respondent varies from 1 to 8 hours, depending on individual circumstances, with an estimated average of 6 hours. Can you e file an amended return The estimated number of respondents is 50,000. Can you e file an amended return Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Can you e file an amended return Generally, tax returns and return information are confidential, as required by § 6103. Can you e file an amended return DRAFTING INFORMATION The principal authors of this revenue procedure are Megan A. Can you e file an amended return Stoner of the Office of Associate Chief Counsel (Passthroughs & Special Industries) and Craig Wojay of the Office of Associate Chief Counsel (Income Tax & Accounting). Can you e file an amended return For further information regarding this revenue procedure, contact Megan A. Can you e file an amended return Stoner at (202) 622-3070 for questions involving partnerships and S corporations, William E. Can you e file an amended return Blanchard at (202) 622-3950 for questions involving OID, Ronald M. Can you e file an amended return Gootzeit at (202) 622-3860 for questions involving foreign entities, Robert Rhyne at (202) 622-7790 for questions involving earnings and profits and consolidated groups, and Craig Wojay at (202) 622-4920 for questions on § 108(i) generally (not toll-free calls). Can you e file an amended return Prev  Up  Next   Home   More Internal Revenue Bulletins

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Can you e file an amended return Publication 915 - Main Content Table of Contents Are Any of Your Benefits Taxable?Worksheet A. Can you e file an amended return Exemption from withholding. Can you e file an amended return How To Report Your Benefits How Much Is Taxable?Examples Lump-Sum ElectionExample Deductions Related to Your BenefitsRepayments More Than Gross Benefits Worksheets AppendixForm SSA-1099, Social Security Benefit Statement 2013 Form SSA-1042S, Social Security Benefit Statement 2013 (Nonresident Aliens) Form RRB-1099, Payments by the Railroad Retirement Board 2013 Form RRB-1042S, Payments by the Railroad Retirement Board 2013 (Nonresident Aliens) How To Get Tax HelpLow Income Taxpayer Clinics Are Any of Your Benefits Taxable? To find out whether any of your benefits shown on Forms SSA-1099 and RRB-1099 may be taxable, compare the base amount (explained later) for your filing status with the total of: One-half of your benefits, plus All your other income, including tax-exempt interest. Can you e file an amended return When making this comparison, do not reduce your other income by any exclusions for: Interest from qualified U. Can you e file an amended return S. Can you e file an amended return savings bonds, Employer-provided adoption benefits, Foreign earned income or foreign housing, or Income earned by bona fide residents of American Samoa or Puerto Rico. Can you e file an amended return Children's benefits. Can you e file an amended return   The rules in this publication apply to benefits received by children. Can you e file an amended return See Who is taxed , later. Can you e file an amended return The SSA issues Form SSA-1099 and Form SSA-1042S. Can you e file an amended return The RRB issues Form RRB-1099 and Form RRB-1042S. Can you e file an amended return These forms (tax statements) report the amounts paid and repaid, and taxes withheld for a tax year. Can you e file an amended return You may receive more than one of these forms for the same tax year. Can you e file an amended return See the Appendix at the end of this publication for more information. Can you e file an amended return Each original Form RRB-1099 or Form RRB-1042S is valid unless it has been corrected. Can you e file an amended return The RRB will issue a corrected Form RRB-1099 or Form RRB-1042S if there is an error in the original. Can you e file an amended return A corrected Form RRB-1099 or Form RRB-1042S is indicated as “CORRECTED” and replaces the corresponding original Form RRB-1099 or Form RRB-1042S. Can you e file an amended return You must use the latest corrected Form RRB-1099 or Form RRB-1042S you received and any original Form RRB-1099 or Form RRB-1042S that the RRB has not corrected when you determine what amounts to report on your tax return. Can you e file an amended return Figuring total income. Can you e file an amended return   To figure the total of one-half of your benefits plus your other income, use Worksheet A, discussed later. Can you e file an amended return If the total is more than your base amount, part of your benefits may be taxable. Can you e file an amended return   If you are married and file a joint return for 2013, you and your spouse must combine your incomes and your benefits to figure whether any of your combined benefits are taxable. Can you e file an amended return Even if your spouse did not receive any benefits, you must add your spouse's income to yours to figure whether any of your benefits are taxable. Can you e file an amended return If the only income you received during 2013 was your social security or the SSEB portion of tier 1 railroad retirement benefits, your benefits generally are not taxable and you probably do not have to file a return. Can you e file an amended return If you have income in addition to your benefits, you may have to file a return even if none of your benefits are taxable. Can you e file an amended return Base amount. Can you e file an amended return   Your base amount is: $25,000 if you are single, head of household, or qualifying widow(er), $25,000 if you are married filing separately and lived apart from your spouse for all of 2013, $32,000 if you are married filing jointly, or $-0- if you are married filing separately and lived with your spouse at any time during 2013. Can you e file an amended return Worksheet A. Can you e file an amended return   You can use Worksheet A to figure the amount of income to compare with your base amount. Can you e file an amended return This is a quick way to check whether some of your benefits may be taxable. Can you e file an amended return     Worksheet A. Can you e file an amended return A Quick Way To Check if Your Benefits May Be Taxable Keep for your records A. Can you e file an amended return Enter the amount from box 5 of all your Forms SSA-1099 and RRB-1099. Can you e file an amended return Include the full amount of any lump-sum benefit payments received in 2013, for 2013 and earlier years. Can you e file an amended return (If you received more than one form, combine the amounts from box 5 and enter the total. Can you e file an amended return ) A. Can you e file an amended return   Note. Can you e file an amended return If the amount on line A is zero or less, stop here; none of your benefits are taxable this year. Can you e file an amended return B. Can you e file an amended return Enter one-half of the amount on line A B. Can you e file an amended return   C. Can you e file an amended return Enter your taxable pensions, wages, interest, dividends, and other taxable income C. Can you e file an amended return   D. Can you e file an amended return Enter any tax-exempt interest income (such as interest on municipal bonds) plus any exclusions from income (listed earlier) D. Can you e file an amended return   E. Can you e file an amended return Add lines B, C, and D E. Can you e file an amended return   Note. Can you e file an amended return Compare the amount on line E to your base amount for your filing status. Can you e file an amended return If the amount on line E equals or is less than the base amount for your filing status, none of your benefits are taxable this year. Can you e file an amended return If the amount on line E is more than your base amount, some of your benefits may be taxable. Can you e file an amended return You need to complete Worksheet 1, shown later. Can you e file an amended return If none of your benefits are taxable, but you otherwise must file a tax return, see Benefits not taxable , later, under How To Report Your Benefits . Can you e file an amended return   Example. Can you e file an amended return You and your spouse (both over 65) are filing a joint return for 2013 and you both received social security benefits during the year. Can you e file an amended return In January 2014, you received a Form SSA-1099 showing net benefits of $7,500 in box 5. Can you e file an amended return Your spouse received a Form SSA-1099 showing net benefits of $3,500 in box 5. Can you e file an amended return You also received a taxable pension of $22,800 and interest income of $500. Can you e file an amended return You did not have any tax-exempt interest income. Can you e file an amended return Your benefits are not taxable for 2013 because your income, as figured in Worksheet A below, is not more than your base amount ($32,000) for married filing jointly. Can you e file an amended return   Even though none of your benefits are taxable, you must file a return for 2013 because your taxable gross income ($23,300) exceeds the minimum filing requirement amount for your filing status. Can you e file an amended return     Filled-in Worksheet A. Can you e file an amended return A Quick Way To Check if Your Benefits May Be Taxable Keep for your records A. Can you e file an amended return Enter the amount from box 5 of all your Forms SSA-1099 and RRB-1099. Can you e file an amended return Include the full amount of any lump-sum benefit payments received in 2013, for 2013 and earlier years. Can you e file an amended return (If you received more than one form, combine the amounts from box 5 and enter the total. Can you e file an amended return ) A. Can you e file an amended return $11,000 Note. Can you e file an amended return If the amount on line A is zero or less, stop here; none of your benefits are taxable this year. Can you e file an amended return B. Can you e file an amended return Enter one-half of the amount on line A B. Can you e file an amended return 5,500 C. Can you e file an amended return Enter your taxable pensions, wages, interest, dividends, and other taxable income C. Can you e file an amended return 23,300 D. Can you e file an amended return Enter any tax-exempt interest income (such as interest on municipal bonds) plus any exclusions from income (listed earlier) D. Can you e file an amended return -0- E. Can you e file an amended return Add lines B, C, and D E. Can you e file an amended return $28,800 Note. Can you e file an amended return Compare the amount on line E to your base amount for your filing status. Can you e file an amended return If the amount on line E equals or is less than the base amount for your filing status, none of your benefits are taxable this year. Can you e file an amended return If the amount on line E is more than your base amount, some of your benefits may be taxable. Can you e file an amended return You need to complete Worksheet 1, shown later. Can you e file an amended return If none of your benefits are taxable, but you otherwise must file a tax return, see Benefits not taxable , later, under How To Report Your Benefits . Can you e file an amended return   Who is taxed. Can you e file an amended return   Benefits are included in the taxable income (to the extent they are taxable) of the person who has the legal right to receive the benefits. Can you e file an amended return For example, if you and your child receive benefits, but the check for your child is made out in your name, you must use only your part of the benefits to see whether any benefits are taxable to you. Can you e file an amended return One-half of the part that belongs to your child must be added to your child's other income to see whether any of those benefits are taxable to your child. Can you e file an amended return Repayment of benefits. Can you e file an amended return   Any repayment of benefits you made during 2013 must be subtracted from the gross benefits you received in 2013. Can you e file an amended return It does not matter whether the repayment was for a benefit you received in 2013 or in an earlier year. Can you e file an amended return If you repaid more than the gross benefits you received in 2013, see Repayments More Than Gross Benefits , later. Can you e file an amended return   Your gross benefits are shown in box 3 of Form SSA-1099 or Form RRB-1099. Can you e file an amended return Your repayments are shown in box 4. Can you e file an amended return The amount in box 5 shows your net benefits for 2013 (box 3 minus box 4). Can you e file an amended return Use the amount in box 5 to figure whether any of your benefits are taxable. Can you e file an amended return Example. Can you e file an amended return In 2012, you received $3,000 in social security benefits, and in 2013 you received $2,700. Can you e file an amended return In March 2013, SSA notified you that you should have received only $2,500 in benefits in 2012. Can you e file an amended return During 2013, you repaid $500 to SSA. Can you e file an amended return The Form SSA-1099 you received for 2013 shows $2,700 in box 3 (gross amount) and $500 in box 4 (repayment). Can you e file an amended return The amount in box 5 shows your net benefits of $2,200 ($2,700 minus $500). Can you e file an amended return Tax withholding and estimated tax. Can you e file an amended return   You can choose to have federal income tax withheld from your social security benefits and/or the SSEB portion of your tier 1 railroad retirement benefits. Can you e file an amended return If you choose to do this, you must complete a Form W-4V, Voluntary Withholding Statement. Can you e file an amended return   If you do not choose to have income tax withheld, you may have to request additional withholding from other income or pay estimated tax during the year. Can you e file an amended return For details, see Publication 505, Tax Withholding and Estimated Tax, or the instructions for Form 1040-ES, Estimated Tax for Individuals. Can you e file an amended return U. Can you e file an amended return S. Can you e file an amended return citizens residing abroad. Can you e file an amended return   U. Can you e file an amended return S. Can you e file an amended return citizens who are residents of the following countries are exempt from U. Can you e file an amended return S. Can you e file an amended return tax on their benefits. Can you e file an amended return Canada. Can you e file an amended return Egypt. Can you e file an amended return Germany. Can you e file an amended return Ireland. Can you e file an amended return Israel. Can you e file an amended return Italy. Can you e file an amended return (You must also be a citizen of Italy for the exemption to apply. Can you e file an amended return ) Romania. Can you e file an amended return United Kingdom. Can you e file an amended return   The SSA will not withhold U. Can you e file an amended return S. Can you e file an amended return tax from your benefits if you are a U. Can you e file an amended return S. Can you e file an amended return citizen. Can you e file an amended return   The RRB will withhold U. Can you e file an amended return S. Can you e file an amended return tax from your benefits unless you file Form RRB-1001, Nonresident Questionnaire, with the RRB to provide citizenship and residency information. Can you e file an amended return If you do not file Form RRB-1001, the RRB will consider you a nonresident alien and withhold tax from your railroad retirement benefits at a 30% rate. Can you e file an amended return Contact the RRB to get this form. Can you e file an amended return Lawful permanent residents. Can you e file an amended return   For U. Can you e file an amended return S. Can you e file an amended return income tax purposes, lawful permanent residents (green card holders) are considered resident aliens until their lawful permanent resident status under the immigration laws is either taken away or is administratively or judicially determined to have been abandoned. Can you e file an amended return Social security benefits paid to a green card holder are not subject to 30% withholding. Can you e file an amended return If you are a green card holder and tax was withheld in error on your social security benefits because you have a foreign address, the withholding tax is refundable by the Social Security Administration (SSA) or the IRS. Can you e file an amended return SSA will refund taxes erroneously withheld if the refund can be processed during the same calendar year in which the tax was withheld. Can you e file an amended return If SSA cannot refund the taxes withheld, you must file a Form 1040 or 1040A with the Internal Revenue Service Center, Austin, TX 73301 to determine if you are entitled to a refund. Can you e file an amended return You must also attach the following information to your Form 1040 or 1040A: A copy of the Form SSA-1042S, Social Security Benefit Statement, A copy of the “green card,” and A signed declaration that includes the following statements:    “The SSA should not have withheld federal income tax from my social security benefits because I am a U. Can you e file an amended return S. Can you e file an amended return lawful permanent resident and my green card has been neither revoked nor administratively or judicially determined to have been abandoned. Can you e file an amended return I am filing a U. Can you e file an amended return S. Can you e file an amended return income tax return for the tax year as a resident alien reporting all of my worldwide income. Can you e file an amended return I have not claimed benefits for the tax year under an income tax treaty as a nonresident alien. Can you e file an amended return ” Nonresident aliens. Can you e file an amended return   A nonresident alien is an individual who is not a citizen or resident of the United States. Can you e file an amended return If you are a nonresident alien, the rules discussed in this publication do not apply to you. Can you e file an amended return Instead, 85% of your benefits are taxed at a 30% rate, unless exempt (or subject to a lower rate) by treaty. Can you e file an amended return You will receive a Form SSA-1042S or Form RRB-1042S showing the amount of your benefits. Can you e file an amended return These forms will also show the tax rate and the amount of tax withheld from your benefits. Can you e file an amended return   Under tax treaties with the following countries, residents of these countries are exempt from U. Can you e file an amended return S. Can you e file an amended return tax on their benefits. Can you e file an amended return Canada. Can you e file an amended return Egypt. Can you e file an amended return Germany. Can you e file an amended return Ireland. Can you e file an amended return Israel. Can you e file an amended return Italy. Can you e file an amended return Japan. Can you e file an amended return Romania. Can you e file an amended return United Kingdom. Can you e file an amended return   Under a treaty with India, benefits paid to individuals who are both residents and nationals of India are exempt from U. Can you e file an amended return S. Can you e file an amended return tax if the benefits are for services performed for the United States, its subdivisions, or local government authorities. Can you e file an amended return   If you are a resident of Switzerland, your total benefit amount will be taxed at a 15% rate. Can you e file an amended return   For more information on whether you are a nonresident alien, see Publication 519, U. Can you e file an amended return S. Can you e file an amended return Tax Guide for Aliens. Can you e file an amended return Exemption from withholding. Can you e file an amended return   If your social security benefits are exempt from tax because you are a resident of one of the treaty countries listed, the SSA will not withhold U. Can you e file an amended return S. Can you e file an amended return tax from your benefits. Can you e file an amended return   If your railroad retirement benefits are exempt from tax because you are a resident of one of the treaty countries listed, you can claim an exemption from withholding by filing Form RRB-1001 with the RRB. Can you e file an amended return Contact the RRB to get this form. Can you e file an amended return Canadian or German social security benefits paid to U. Can you e file an amended return S. Can you e file an amended return residents. Can you e file an amended return   Under income tax treaties with Canada and Germany, social security benefits paid by those countries to U. Can you e file an amended return S. Can you e file an amended return residents are treated for U. Can you e file an amended return S. Can you e file an amended return income tax purposes as if they were paid under the social security legislation of the United States. Can you e file an amended return If you receive social security benefits from Canada or Germany, include them on line 1 of Worksheet 1, shown later. Can you e file an amended return How To Report Your Benefits If part of your benefits are taxable, you must use Form 1040 or Form 1040A. Can you e file an amended return You cannot use Form 1040EZ. Can you e file an amended return Reporting on Form 1040. Can you e file an amended return   Report your net benefits (the total amount from box 5 of all your Forms SSA-1099 and Forms RRB-1099) on line 20a and the taxable part on line 20b. Can you e file an amended return If you are married filing separately and you lived apart from your spouse for all of 2013, also enter “D” to the right of the word “benefits” on line 20a. Can you e file an amended return Reporting on Form 1040A. Can you e file an amended return   Report your net benefits (the total amount from box 5 of all your Forms SSA-1099 and Forms RRB-1099) on line 14a and the taxable part on line 14b. Can you e file an amended return If you are married filing separately and you lived apart from your spouse for all of 2013, also enter “D” to the right of the word “benefits” on line 14a. Can you e file an amended return Benefits not taxable. Can you e file an amended return   If you are filing Form 1040EZ, do not report any benefits on your tax return. Can you e file an amended return If you are filing Form 1040 or Form 1040A, report your net benefits (the total amount from box 5 of all your Forms SSA-1099 and Forms RRB-1099) on Form 1040, line 20a, or Form 1040A, line 14a. Can you e file an amended return Enter -0- on Form 1040, line 20b, or Form 1040A, line 14b. Can you e file an amended return If you are married filing separately and you lived apart from your spouse for all of 2013, also enter “D” to the right of the word “benefits” on Form 1040, line 20a, or Form 1040A, line 14a. Can you e file an amended return How Much Is Taxable? If part of your benefits are taxable, how much is taxable depends on the total amount of your benefits and other income. Can you e file an amended return Generally, the higher that total amount, the greater the taxable part of your benefits. Can you e file an amended return Maximum taxable part. Can you e file an amended return   Generally, up to 50% of your benefits will be taxable. Can you e file an amended return However, up to 85% of your benefits can be taxable if either of the following situations applies to you. Can you e file an amended return The total of one-half of your benefits and all your other income is more than $34,000 ($44,000 if you are married filing jointly). Can you e file an amended return You are married filing separately and lived with your spouse at any time during 2013. Can you e file an amended return Which worksheet to use. Can you e file an amended return   A worksheet you can use to figure your taxable benefits is in the instructions for your Form 1040 or 1040A. Can you e file an amended return You can use either that worksheet or Worksheet 1 in this publication, unless any of the following situations applies to you. Can you e file an amended return You contributed to a traditional individual retirement arrangement (IRA) and you or your spouse is covered by a retirement plan at work. Can you e file an amended return In this situation you must use the special worksheets in Appendix B of Publication 590 to figure both your IRA deduction and your taxable benefits. Can you e file an amended return Situation (1) does not apply and you take an exclusion for interest from qualified U. Can you e file an amended return S. Can you e file an amended return savings bonds (Form 8815), for adoption benefits (Form 8839), for foreign earned income or housing (Form 2555 or Form 2555-EZ), or for income earned in American Samoa (Form 4563) or Puerto Rico by bona fide residents. Can you e file an amended return In this situation, you must use Worksheet 1 in this publication to figure your taxable benefits. Can you e file an amended return You received a lump-sum payment for an earlier year. Can you e file an amended return In this situation, also complete Worksheet 2 or 3 and Worksheet 4 in this publication. Can you e file an amended return See Lump-Sum Election , later. Can you e file an amended return Examples A few examples you can use as a guide to figure the taxable part of your benefits follow. Can you e file an amended return Filled-in Worksheet 1. Can you e file an amended return Figuring Your Taxable Benefits Before you begin: If you are married filing separately and you lived apart from your spouse for all of 2013, enter “D” to the right of the word “benefits” on Form 1040, line 20a, or Form 1040A, line 14a. Can you e file an amended return Do not use this worksheet if you repaid benefits in 2013 and your total repayments (box 4 of Forms SSA-1099 and RRB-1099) were more than your gross benefits for 2013 (box 3 of Forms SSA-1099 and RRB-1099). Can you e file an amended return None of your benefits are taxable for 2013. Can you e file an amended return For more information, see Repayments More Than Gross Benefits . Can you e file an amended return If you are filing Form 8815, Exclusion of Interest From Series EE and I U. Can you e file an amended return S. Can you e file an amended return Savings Bonds Issued After 1989, do not include the amount from line 8a of Form 1040 or Form 1040A on line 3 of this worksheet. Can you e file an amended return Instead, include the amount from Schedule B (Form 1040A or 1040), line 2. Can you e file an amended return 1. Can you e file an amended return Enter the total amount from box 5 of ALL your Forms SSA-1099 and RRB-1099. Can you e file an amended return Also enter this amount on Form 1040, line 20a, or Form 1040A, line 14a 1. Can you e file an amended return $5,980         2. Can you e file an amended return Enter one-half of line 1 2. Can you e file an amended return 2,990     3. Can you e file an amended return Combine the amounts from: Form 1040: Lines 7, 8a, 9a, 10 through 14, 15b, 16b, 17 through 19, and 21 Form 1040A: Lines 7, 8a, 9a, 10, 11b, 12b, and 13 3. Can you e file an amended return 28,990     4. Can you e file an amended return Enter the amount, if any, from Form 1040 or 1040A, line 8b 4. Can you e file an amended return -0-     5. Can you e file an amended return Enter the total of any exclusions/adjustments for: Adoption benefits (Form 8839, line 28), Foreign earned income or housing (Form 2555, lines 45 and 50, or Form 2555-EZ, line 18), and Certain income of bona fide residents of American Samoa (Form 4563, line 15) or Puerto Rico 5. Can you e file an amended return -0-     6. Can you e file an amended return Combine lines 2, 3, 4, and 5 6. Can you e file an amended return 31,980     7. Can you e file an amended return Form 1040 filers: Enter the amounts from Form 1040, lines 23 through 32, and any write-in adjustments you entered on the dotted line next to line 36. Can you e file an amended return  Form 1040A filers: Enter the amounts from Form 1040A, lines 16 and 17 7. Can you e file an amended return -0-     8. Can you e file an amended return Is the amount on line 7 less than the amount on line 6?             No. Can you e file an amended return None of your social security benefits are taxable. Can you e file an amended return Enter -0- on Form 1040, line 20b, or Form 1040A, line 14b. Can you e file an amended return             Yes. Can you e file an amended return Subtract line 7 from line 6 8. Can you e file an amended return 31,980     9. Can you e file an amended return If you are:  Married filing jointly, enter $32,000 Single, head of household, qualifying widow(er), or married filing separately and you lived apart from your spouse for all of 2013, enter $25,000 9. Can you e file an amended return 25,000       Note. Can you e file an amended return If you are married filing separately and you lived with your spouse at any time in 2013, skip lines 9 through 16; multiply line 8 by 85% (. Can you e file an amended return 85) and enter the result on line 17. Can you e file an amended return Then go to line 18. Can you e file an amended return         10. Can you e file an amended return Is the amount on line 9 less than the amount on line 8?             No. Can you e file an amended return None of your benefits are taxable. Can you e file an amended return Enter -0- on Form 1040, line 20b, or on Form 1040A, line 14b. Can you e file an amended return If you are married filing separately and you lived apart from your spouse for all of 2013, be sure you entered “D” to the right of the word “benefits” on Form 1040, line 20a, or on Form 1040A, line 14a. Can you e file an amended return             Yes. Can you e file an amended return Subtract line 9 from line 8 10. Can you e file an amended return 6,980     11. Can you e file an amended return Enter $12,000 if married filing jointly; $9,000 if single, head of household, qualifying widow(er), or married filing separately and you lived apart from your spouse for all of 2013 11. Can you e file an amended return 9,000     12. Can you e file an amended return Subtract line 11 from line 10. Can you e file an amended return If zero or less, enter -0- 12. Can you e file an amended return -0-     13. Can you e file an amended return Enter the smaller of line 10 or line 11 13. Can you e file an amended return 6,980     14. Can you e file an amended return Enter one-half of line 13 14. Can you e file an amended return 3,490     15. Can you e file an amended return Enter the smaller of line 2 or line 14 15. Can you e file an amended return 2,990     16. Can you e file an amended return Multiply line 12 by 85% (. Can you e file an amended return 85). Can you e file an amended return If line 12 is zero, enter -0- 16. Can you e file an amended return -0-     17. Can you e file an amended return Add lines 15 and 16 17. Can you e file an amended return 2,990     18. Can you e file an amended return Multiply line 1 by 85% (. Can you e file an amended return 85) 18. Can you e file an amended return 5,083     19. Can you e file an amended return Taxable benefits. Can you e file an amended return Enter the smaller of line 17 or line 18. Can you e file an amended return Also enter this amount on Form 1040, line 20b, or Form 1040A, line 14b 19. Can you e file an amended return $2,990       If you received a lump-sum payment in 2013 that was for an earlier year, also complete Worksheet 2 or 3 and Worksheet 4 to see if you can report a lower taxable benefit. Can you e file an amended return         Example 1. Can you e file an amended return George White is single and files Form 1040 for 2013. Can you e file an amended return In addition to receiving social security payments, he received a fully taxable pension of $18,600, wages from a part-time job of $9,400, and taxable interest income of $990, for a total of $28,990. Can you e file an amended return He received a Form SSA-1099 in January 2014 that shows his net social security benefits of $5,980 in box 5. Can you e file an amended return   To figure his taxable benefits, George completes Worksheet 1, shown below. Can you e file an amended return On line 20a of his Form 1040, George enters his net benefits of $5,980. Can you e file an amended return On line 20b, he enters his taxable benefits of $2,990. Can you e file an amended return Example 2. Can you e file an amended return Ray and Alice Hopkins file a joint return on Form 1040A for 2013. Can you e file an amended return Ray is retired and received a fully taxable pension of $15,500. Can you e file an amended return He also received social security benefits and his Form SSA-1099 for 2013 shows net benefits of $5,600 in box 5. Can you e file an amended return Alice worked during the year and had wages of $14,000. Can you e file an amended return She made a deductible payment to her IRA account of $1,000. Can you e file an amended return Ray and Alice have two savings accounts with a total of $250 in taxable interest income. Can you e file an amended return They complete Worksheet 1, entering $29,750 ($15,500 + $14,000 + $250) on line 3. Can you e file an amended return They find none of Ray's social security benefits are taxable. Can you e file an amended return On Form 1040A, they enter $5,600 on line 14a and -0- on line 14b. Can you e file an amended return Filled-in Worksheet 1. Can you e file an amended return Figuring Your Taxable Benefits Before you begin: If you are married filing separately and you lived apart from your spouse for all of 2013, enter “D” to the right of the word “benefits” on Form 1040, line 20a, or Form 1040A, line 14a. Can you e file an amended return Do not use this worksheet if you repaid benefits in 2013 and your total repayments (box 4 of Forms SSA-1099 and RRB-1099) were more than your gross benefits for 2013 (box 3 of Forms SSA-1099 and RRB-1099). Can you e file an amended return None of your benefits are taxable for 2013. Can you e file an amended return For more information, see Repayments More Than Gross Benefits . Can you e file an amended return If you are filing Form 8815, Exclusion of Interest From Series EE and I U. Can you e file an amended return S. Can you e file an amended return Savings Bonds Issued After 1989, do not include the amount from line 8a of Form 1040 or Form 1040A on line 3 of this worksheet. Can you e file an amended return Instead, include the amount from Schedule B (Form 1040A or 1040), line 2. Can you e file an amended return 1. Can you e file an amended return Enter the total amount from box 5 of ALL your Forms SSA-1099 and RRB-1099. Can you e file an amended return Also enter this amount on Form 1040, line 20a, or Form 1040A, line 14a 1. Can you e file an amended return $5,600         2. Can you e file an amended return Enter one-half of line 1 2. Can you e file an amended return 2,800     3. Can you e file an amended return Combine the amounts from: Form 1040: Lines 7, 8a, 9a, 10 through 14, 15b, 16b, 17 through 19, and 21 Form 1040A: Lines 7, 8a, 9a, 10, 11b, 12b, and 13 3. Can you e file an amended return 29,750     4. Can you e file an amended return Enter the amount, if any, from Form 1040 or 1040A, line 8b 4. Can you e file an amended return -0-     5. Can you e file an amended return Enter the total of any exclusions/adjustments for: Adoption benefits (Form 8839, line 28), Foreign earned income or housing (Form 2555, lines 45 and 50, or Form 2555-EZ, line 18), and Certain income of bona fide residents of American Samoa (Form 4563, line 15) or Puerto Rico 5. Can you e file an amended return -0-     6. Can you e file an amended return Combine lines 2, 3, 4, and 5 6. Can you e file an amended return 32,550     7. Can you e file an amended return Form 1040 filers: Enter the amounts from Form 1040, lines 23 through 32, and any write-in adjustments you entered on the dotted line next to line 36. Can you e file an amended return  Form 1040A filers: Enter the amounts from Form 1040A, lines 16 and 17 7. Can you e file an amended return 1,000     8. Can you e file an amended return Is the amount on line 7 less than the amount on line 6?             No. Can you e file an amended return None of your social security benefits are taxable. Can you e file an amended return Enter -0- on Form 1040, line 20b, or Form 1040A, line 14b. Can you e file an amended return             Yes. Can you e file an amended return Subtract line 7 from line 6 8. Can you e file an amended return 31,550     9. Can you e file an amended return If you are:  Married filing jointly, enter $32,000 Single, head of household, qualifying widow(er), or married filing separately and you lived apart from your spouse for all of 2013, enter $25,000 9. Can you e file an amended return 32,000       Note. Can you e file an amended return If you are married filing separately and you lived with your spouse at any time in 2013, skip lines 9 through 16; multiply line 8 by 85% (. Can you e file an amended return 85) and enter the result on line 17. Can you e file an amended return Then go to line 18. Can you e file an amended return         10. Can you e file an amended return Is the amount on line 9 less than the amount on line 8?             No. Can you e file an amended return None of your benefits are taxable. Can you e file an amended return Enter -0- on Form 1040, line 20b, or on Form 1040A, line 14b. Can you e file an amended return If you are married filing separately and you lived apart from your spouse for all of 2013, be sure you entered “D” to the right of the word “benefits” on Form 1040, line 20a, or on Form 1040A, line 14a. Can you e file an amended return             Yes. Can you e file an amended return Subtract line 9 from line 8 10. Can you e file an amended return       11. Can you e file an amended return Enter $12,000 if married filing jointly; $9,000 if single, head of household, qualifying widow(er), or married filing separately and you lived apart from your spouse for all of 2013 11. Can you e file an amended return       12. Can you e file an amended return Subtract line 11 from line 10. Can you e file an amended return If zero or less, enter -0- 12. Can you e file an amended return       13. Can you e file an amended return Enter the smaller of line 10 or line 11 13. Can you e file an amended return       14. Can you e file an amended return Enter one-half of line 13 14. Can you e file an amended return       15. Can you e file an amended return Enter the smaller of line 2 or line 14 15. Can you e file an amended return       16. Can you e file an amended return Multiply line 12 by 85% (. Can you e file an amended return 85). Can you e file an amended return If line 12 is zero, enter -0- 16. Can you e file an amended return       17. Can you e file an amended return Add lines 15 and 16 17. Can you e file an amended return       18. Can you e file an amended return Multiply line 1 by 85% (. Can you e file an amended return 85) 18. Can you e file an amended return       19. Can you e file an amended return Taxable benefits. Can you e file an amended return Enter the smaller of line 17 or line 18. Can you e file an amended return Also enter this amount on Form 1040, line 20b, or Form 1040A, line 14b 19. Can you e file an amended return         If you received a lump-sum payment in 2013 that was for an earlier year, also complete Worksheet 2 or 3 and Worksheet 4 to see if you can report a lower taxable benefit. Can you e file an amended return         Example 3. Can you e file an amended return Joe and Betty Johnson file a joint return on Form 1040 for 2013. Can you e file an amended return Joe is a retired railroad worker and in 2013 received the social security equivalent benefit (SSEB) portion of tier 1 railroad retirement benefits. Can you e file an amended return Joe's Form RRB-1099 shows $10,000 in box 5. Can you e file an amended return Betty is a retired government worker and received a fully taxable pension of $38,000. Can you e file an amended return They had $2,300 in taxable interest income plus interest of $200 on a qualified U. Can you e file an amended return S. Can you e file an amended return savings bond. Can you e file an amended return The savings bond interest qualified for the exclusion. Can you e file an amended return They figure their taxable benefits by completing Worksheet 1 below. Can you e file an amended return Because they have qualified U. Can you e file an amended return S. Can you e file an amended return savings bond interest, they follow the note at the beginning of the worksheet and use the amount from line 2 of their Schedule B (Form 1040A or 1040) on line 3 of the worksheet instead of the amount from line 8a of their Form 1040. Can you e file an amended return On line 3 of the worksheet, they enter $40,500 ($38,000 + $2,500). Can you e file an amended return More than 50% of Joe's net benefits are taxable because the income on line 8 of the worksheet ($45,500) is more than $44,000. Can you e file an amended return (See Maximum taxable part under How Much Is Taxable earlier. Can you e file an amended return ) Joe and Betty enter $10,000 on Form 1040, line 20a, and $6,275 on Form 1040, line 20b. Can you e file an amended return Filled-in Worksheet 1. Can you e file an amended return Figuring Your Taxable Benefits Before you begin: If you are married filing separately and you lived apart from your spouse for all of 2013, enter “D” to the right of the word “benefits” on Form 1040, line 20a, or Form 1040A, line 14a. Can you e file an amended return Do not use this worksheet if you repaid benefits in 2013 and your total repayments (box 4 of Forms SSA-1099 and RRB-1099) were more than your gross benefits for 2013 (box 3 of Forms SSA-1099 and RRB-1099). Can you e file an amended return None of your benefits are taxable for 2013. Can you e file an amended return For more information, see Repayments More Than Gross Benefits . Can you e file an amended return If you are filing Form 8815, Exclusion of Interest From Series EE and I U. Can you e file an amended return S. Can you e file an amended return Savings Bonds Issued After 1989, do not include the amount from line 8a of Form 1040 or Form 1040A on line 3 of this worksheet. Can you e file an amended return Instead, include the amount from Schedule B (Form 1040A or 1040), line 2. Can you e file an amended return 1. Can you e file an amended return Enter the total amount from box 5 of ALL your Forms SSA-1099 and RRB-1099. Can you e file an amended return Also enter this amount on Form 1040, line 20a, or Form 1040A, line 14a 1. Can you e file an amended return $10,000         2. Can you e file an amended return Enter one-half of line 1 2. Can you e file an amended return 5,000     3. Can you e file an amended return Combine the amounts from: Form 1040: Lines 7, 8a, 9a, 10 through 14, 15b, 16b, 17 through 19, and 21 Form 1040A: Lines 7, 8a, 9a, 10, 11b, 12b, and 13 3. Can you e file an amended return 40,500     4. Can you e file an amended return Enter the amount, if any, from Form 1040 or 1040A, line 8b 4. Can you e file an amended return -0-     5. Can you e file an amended return Enter the total of any exclusions/adjustments for: Adoption benefits (Form 8839, line 28), Foreign earned income or housing (Form 2555, lines 45 and 50, or Form 2555-EZ, line 18), and Certain income of bona fide residents of American Samoa (Form 4563, line 15) or Puerto Rico 5. Can you e file an amended return -0-     6. Can you e file an amended return Combine lines 2, 3, 4, and 5 6. Can you e file an amended return 45,500     7. Can you e file an amended return Form 1040 filers: Enter the amounts from Form 1040, lines 23 through 32, and any write-in adjustments you entered on the dotted line next to line 36. Can you e file an amended return  Form 1040A filers: Enter the amounts from Form 1040A, lines 16 and 17 7. Can you e file an amended return -0-     8. Can you e file an amended return Is the amount on line 7 less than the amount on line 6?             No. Can you e file an amended return None of your social security benefits are taxable. Can you e file an amended return Enter -0- on Form 1040, line 20b, or Form 1040A, line 14b. Can you e file an amended return             Yes. Can you e file an amended return Subtract line 7 from line 6 8. Can you e file an amended return 45,500     9. Can you e file an amended return If you are:  Married filing jointly, enter $32,000 Single, head of household, qualifying widow(er), or married filing separately and you lived apart from your spouse for all of 2013, enter $25,000 9. Can you e file an amended return 32,000       Note. Can you e file an amended return If you are married filing separately and you lived with your spouse at any time in 2013, skip lines 9 through 16; multiply line 8 by 85% (. Can you e file an amended return 85) and enter the result on line 17. Can you e file an amended return Then go to line 18. Can you e file an amended return         10. Can you e file an amended return Is the amount on line 9 less than the amount on line 8?             No. Can you e file an amended return None of your benefits are taxable. Can you e file an amended return Enter -0- on Form 1040, line 20b, or on Form 1040A, line 14b. Can you e file an amended return If you are married filing separately and you lived apart from your spouse for all of 2013, be sure you entered “D” to the right of the word “benefits” on Form 1040, line 20a, or on Form 1040A, line 14a. Can you e file an amended return             Yes. Can you e file an amended return Subtract line 9 from line 8 10. Can you e file an amended return 13,500     11. Can you e file an amended return Enter $12,000 if married filing jointly; $9,000 if single, head of household, qualifying widow(er), or married filing separately and you lived apart from your spouse for all of 2013 11. Can you e file an amended return 12,000     12. Can you e file an amended return Subtract line 11 from line 10. Can you e file an amended return If zero or less, enter -0- 12. Can you e file an amended return 1,500     13. Can you e file an amended return Enter the smaller of line 10 or line 11 13. Can you e file an amended return 12,000     14. Can you e file an amended return Enter one-half of line 13 14. Can you e file an amended return 6,000     15. Can you e file an amended return Enter the smaller of line 2 or line 14 15. Can you e file an amended return 5,000     16. Can you e file an amended return Multiply line 12 by 85% (. Can you e file an amended return 85). Can you e file an amended return If line 12 is zero, enter -0- 16. Can you e file an amended return 1,275     17. Can you e file an amended return Add lines 15 and 16 17. Can you e file an amended return 6,275     18. Can you e file an amended return Multiply line 1 by 85% (. Can you e file an amended return 85) 18. Can you e file an amended return 8,500     19. Can you e file an amended return Taxable benefits. Can you e file an amended return Enter the smaller of line 17 or line 18. Can you e file an amended return Also enter this amount on Form 1040, line 20b, or Form 1040A, line 14b 19. Can you e file an amended return $6,275       If you received a lump-sum payment in 2013 that was for an earlier year, also complete Worksheet 2 or 3 and Worksheet 4 to see if you can report a lower taxable benefit. Can you e file an amended return         Filled-in Worksheet 1. Can you e file an amended return Figuring Your Taxable Benefits Before you begin: If you are married filing separately and you lived apart from your spouse for all of 2013, enter “D” to the right of the word “benefits” on Form 1040, line 20a, or Form 1040A, line 14a. Can you e file an amended return Do not use this worksheet if you repaid benefits in 2013 and your total repayments (box 4 of Forms SSA-1099 and RRB-1099) were more than your gross benefits for 2013 (box 3 of Forms SSA-1099 and RRB-1099). Can you e file an amended return None of your benefits are taxable for 2013. Can you e file an amended return For more information, see Repayments More Than Gross Benefits . Can you e file an amended return If you are filing Form 8815, Exclusion of Interest From Series EE and I U. Can you e file an amended return S. Can you e file an amended return Savings Bonds Issued After 1989, do not include the amount from line 8a of Form 1040 or Form 1040A on line 3 of this worksheet. Can you e file an amended return Instead, include the amount from Schedule B (Form 1040A or 1040), line 2. Can you e file an amended return 1. Can you e file an amended return Enter the total amount from box 5 of ALL your Forms SSA-1099 and RRB-1099. Can you e file an amended return Also enter this amount on Form 1040, line 20a, or Form 1040A, line 14a 1. Can you e file an amended return $4,000         2. Can you e file an amended return Enter one-half of line 1 2. Can you e file an amended return 2,000     3. Can you e file an amended return Combine the amounts from: Form 1040: Lines 7, 8a, 9a, 10 through 14, 15b, 16b, 17 through 19, and 21 Form 1040A: Lines 7, 8a, 9a, 10, 11b, 12b, and 13 3. Can you e file an amended return 8,000     4. Can you e file an amended return Enter the amount, if any, from Form 1040 or 1040A, line 8b 4. Can you e file an amended return -0-     5. Can you e file an amended return Enter the total of any exclusions/adjustments for: Adoption benefits (Form 8839, line 28), Foreign earned income or housing (Form 2555, lines 45 and 50, or Form 2555-EZ, line 18), and Certain income of bona fide residents of American Samoa (Form 4563, line 15) or Puerto Rico 5. Can you e file an amended return -0-     6. Can you e file an amended return Combine lines 2, 3, 4, and 5 6. Can you e file an amended return 10,000     7. Can you e file an amended return Form 1040 filers: Enter the amounts from Form 1040, lines 23 through 32, and any write-in adjustments you entered on the dotted line next to line 36. Can you e file an amended return  Form 1040A filers: Enter the amounts from Form 1040A, lines 16 and 17 7. Can you e file an amended return -0-     8. Can you e file an amended return Is the amount on line 7 less than the amount on line 6?             No. Can you e file an amended return None of your social security benefits are taxable. Can you e file an amended return Enter -0- on Form 1040, line 20b, or Form 1040A, line 14b. Can you e file an amended return             Yes. Can you e file an amended return Subtract line 7 from line 6 8. Can you e file an amended return 10,000     9. Can you e file an amended return If you are:  Married filing jointly, enter $32,000 Single, head of household, qualifying widow(er), or married filing separately and you lived apart from your spouse for all of 2013, enter $25,000 9. Can you e file an amended return         Note. Can you e file an amended return If you are married filing separately and you lived with your spouse at any time in 2013, skip lines 9 through 16; multiply line 8 by 85% (. Can you e file an amended return 85) and enter the result on line 17. Can you e file an amended return Then go to line 18. Can you e file an amended return         10. Can you e file an amended return Is the amount on line 9 less than the amount on line 8?             No. Can you e file an amended return None of your benefits are taxable. Can you e file an amended return Enter -0- on Form 1040, line 20b, or on Form 1040A, line 14b. Can you e file an amended return If you are married filing separately and you lived apart from your spouse for all of 2013, be sure you entered “D” to the right of the word “benefits” on Form 1040, line 20a, or on Form 1040A, line 14a. Can you e file an amended return             Yes. Can you e file an amended return Subtract line 9 from line 8 10. Can you e file an amended return       11. Can you e file an amended return Enter $12,000 if married filing jointly; $9,000 if single, head of household, qualifying widow(er), or married filing separately and you lived apart from your spouse for all of 2013 11. Can you e file an amended return       12. Can you e file an amended return Subtract line 11 from line 10. Can you e file an amended return If zero or less, enter -0- 12. Can you e file an amended return       13. Can you e file an amended return Enter the smaller of line 10 or line 11 13. Can you e file an amended return       14. Can you e file an amended return Enter one-half of line 13 14. Can you e file an amended return       15. Can you e file an amended return Enter the smaller of line 2 or line 14 15. Can you e file an amended return       16. Can you e file an amended return Multiply line 12 by 85% (. Can you e file an amended return 85). Can you e file an amended return If line 12 is zero, enter -0- 16. Can you e file an amended return       17. Can you e file an amended return Add lines 15 and 16 17. Can you e file an amended return 8,500     18. Can you e file an amended return Multiply line 1 by 85% (. Can you e file an amended return 85) 18. Can you e file an amended return 3,400     19. Can you e file an amended return Taxable benefits. Can you e file an amended return Enter the smaller of line 17 or line 18. Can you e file an amended return Also enter this amount on Form 1040, line 20b, or Form 1040A, line 14b 19. Can you e file an amended return $3,400       If you received a lump-sum payment in 2013 that was for an earlier year, also complete Worksheet 2 or 3 and Worksheet 4 to see if you can report a lower taxable benefit. Can you e file an amended return         Example 4. Can you e file an amended return Bill and Eileen Jones are married and live together, but file separate Form 1040 returns for 2013. Can you e file an amended return Bill earned $8,000 during 2013. Can you e file an amended return The only other income he had for the year was $4,000 net social security benefits (box 5 of his Form SSA-1099). Can you e file an amended return Bill figures his taxable benefits by completing Worksheet 1 below. Can you e file an amended return He must include 85% of his social security benefits in his taxable income because he is married filing separately and lived with his spouse during 2013. Can you e file an amended return See How Much Is Taxable earlier. Can you e file an amended return Bill enters $4,000 on his Form 1040, line 20a, and $3,400 on Form 1040, line 20b. Can you e file an amended return Lump-Sum Election You must include the taxable part of a lump-sum (retroactive) payment of benefits received in 2013 in your 2013 income, even if the payment includes benefits for an earlier year. Can you e file an amended return This type of lump-sum benefit payment should not be confused with the lump-sum death benefit that both the SSA and RRB pay to many of their beneficiaries. Can you e file an amended return No part of the lump-sum death benefit is subject to tax. Can you e file an amended return Generally, you use your 2013 income to figure the taxable part of the total benefits received in 2013. Can you e file an amended return However, you may be able to figure the taxable part of a lump-sum payment for an earlier year separately, using your income for the earlier year. Can you e file an amended return You can elect this method if it lowers your taxable benefits. Can you e file an amended return Under the lump-sum election method, you refigure the taxable part of all your benefits for the earlier year (including the lump-sum payment) using that year's income. Can you e file an amended return Then you subtract any taxable benefits for that year that you previously reported. Can you e file an amended return The remainder is the taxable part of the lump-sum payment. Can you e file an amended return Add it to the taxable part of your benefits for 2013 (figured without the lump-sum payment for the earlier year). Can you e file an amended return Because the earlier year's taxable benefits are included in your 2013 income, no adjustment is made to the earlier year's return. Can you e file an amended return Do not file an amended return for the earlier year. Can you e file an amended return Will the lump-sum election method lower your taxable benefits?   To find out, take the following steps. Can you e file an amended return Complete Worksheet 1 in this publication. Can you e file an amended return Complete Worksheet 2 and Worksheet 3 as appropriate. Can you e file an amended return Use Worksheet 2 if your lump-sum payment was for a year after 1993. Can you e file an amended return Use Worksheet 3 if it was for 1993 or an earlier year. Can you e file an amended return Complete a separate Worksheet 2 or Worksheet 3 for each earlier year for which you received the lump-sum payment. Can you e file an amended return Complete Worksheet 4. Can you e file an amended return Compare the taxable benefits on line 19 of Worksheet 1 with the taxable benefits on line 21 of Worksheet 4. Can you e file an amended return If the taxable benefits on Worksheet 4 are lower than the taxable benefits on Worksheet 1, you can elect to report the lower amount on your return. Can you e file an amended return Making the election. Can you e file an amended return   If you elect to report your taxable benefits under the lump-sum election method, follow the instructions at the bottom of Worksheet 4. Can you e file an amended return Do not attach the completed worksheets to your return. Can you e file an amended return Keep them with your records. Can you e file an amended return    Once you elect this method of figuring the taxable part of a lump-sum payment, you can revoke your election only with the consent of the IRS. Can you e file an amended return Lump-sum payment reported on Form SSA-1099 or RRB-1099. Can you e file an amended return   If you received a lump-sum payment in 2013 that includes benefits for one or more earlier years after 1983, it will be included in box 3 of either Form SSA-1099 or Form RRB-1099. Can you e file an amended return That part of any lump-sum payment for years before 1984 is not taxed and will not be shown on the form. Can you e file an amended return The form will also show the year (or years) the payment is for. Can you e file an amended return However, Form RRB-1099 will not show a breakdown by year (or years) of any lump-sum payment for years before 2011. Can you e file an amended return You must contact the RRB for a breakdown by year for any amount shown in box 9. Can you e file an amended return Example Jane Jackson is single. Can you e file an amended return In 2012 she applied for social security disability benefits but was told she was ineligible. Can you e file an amended return She appealed the decision and won. Can you e file an amended return In 2013, she received a lump-sum payment of $6,000, of which $2,000 was for 2012 and $4,000 was for 2013. Can you e file an amended return Jane also received $5,000 in social security benefits in 2013, so her total benefits in 2013 were $11,000. Can you e file an amended return Jane's other income for 2012 and 2013 is as follows. Can you e file an amended return   Income 2012 2013     Wages $20,000 $ 3,500     Interest income 2,000 2,500     Dividend income 1,000 1,500     Fully taxable pension   18,000     Total $23,000 $25,500   To see if the lump-sum election method results in lower taxable benefits, she completes Worksheets 1, 2, and 4 from this publication. Can you e file an amended return She does not need to complete Worksheet 3 because her lump-sum payment was for years after 1993. Can you e file an amended return Jane completes Worksheet 1 to find the amount of her taxable benefits for 2013 under the regular method. Can you e file an amended return She completes Worksheet 2 to find the taxable part of the lump-sum payment for 2012 under the lump-sum election method. Can you e file an amended return She completes Worksheet 4 to decide if the lump-sum election method will lower her taxable benefits. Can you e file an amended return After completing the worksheets, Jane compares the amounts from Worksheet 4, line 21, and Worksheet 1, line 19. Can you e file an amended return Because the amount on Worksheet 4 is smaller, she chooses to use the lump-sum election method. Can you e file an amended return To do this, she prints “LSE” to the left of Form 1040, line 20a. Can you e file an amended return She then enters $11,000 on Form 1040, line 20a, and her taxable benefits of $2,500 on line 20b. Can you e file an amended return Jane's filled-in worksheets (1, 2, and 4) follow. Can you e file an amended return Jane Jackson's Filled-in Worksheet 1. Can you e file an amended return Figuring Your Taxable Benefits Before you begin: If you are married filing separately and you lived apart from your spouse for all of 2013, enter “D” to the right of the word “benefits” on Form 1040, line 20a, or Form 1040A, line 14a. Can you e file an amended return Do not use this worksheet if you repaid benefits in 2013 and your total repayments (box 4 of Forms SSA-1099 and RRB-1099) were more than your gross benefits for 2013 (box 3 of Forms SSA-1099 and RRB-1099). Can you e file an amended return None of your benefits are taxable for 2013. Can you e file an amended return For more information, see Repayments More Than Gross Benefits . Can you e file an amended return If you are filing Form 8815, Exclusion of Interest From Series EE and I U. Can you e file an amended return S. Can you e file an amended return Savings Bonds Issued After 1989, do not include the amount from line 8a of Form 1040 or Form 1040A on line 3 of this worksheet. Can you e file an amended return Instead, include the amount from Schedule B (Form 1040A or 1040), line 2. Can you e file an amended return 1. Can you e file an amended return Enter the total amount from box 5 of ALL your Forms SSA-1099 and RRB-1099. Can you e file an amended return Also enter this amount on Form 1040, line 20a, or Form 1040A, line 14a 1. Can you e file an amended return $11,000         2. Can you e file an amended return Enter one-half of line 1 2. Can you e file an amended return 5,500     3. Can you e file an amended return Combine the amounts from: Form 1040: Lines 7, 8a, 9a, 10 through 14, 15b, 16b, 17 through 19, and 21 Form 1040A: Lines 7, 8a, 9a, 10, 11b, 12b, and 13 3. Can you e file an amended return 25,500     4. Can you e file an amended return Enter the amount, if any, from Form 1040 or 1040A, line 8b 4. Can you e file an amended return -0-     5. Can you e file an amended return Enter the total of any exclusions/adjustments for: Adoption benefits (Form 8839, line 28), Foreign earned income or housing (Form 2555, lines 45 and 50, or Form 2555-EZ, line 18), and Certain income of bona fide residents of American Samoa (Form 4563, line 15) or Puerto Rico 5. Can you e file an amended return -0-     6. Can you e file an amended return Combine lines 2, 3, 4, and 5 6. Can you e file an amended return 31,000     7. Can you e file an amended return Form 1040 filers: Enter the amounts from Form 1040, lines 23 through 32, and any write-in adjustments you entered on the dotted line next to line 36. Can you e file an amended return  Form 1040A filers: Enter the amounts from Form 1040A, lines 16 and 17 7. Can you e file an amended return -0-     8. Can you e file an amended return Is the amount on line 7 less than the amount on line 6?             No. Can you e file an amended return None of your social security benefits are taxable. Can you e file an amended return Enter -0- on Form 1040, line 20b, or Form 1040A, line 14b. Can you e file an amended return             Yes. Can you e file an amended return Subtract line 7 from line 6 8. Can you e file an amended return 31,000     9. Can you e file an amended return If you are:  Married filing jointly, enter $32,000 Single, head of household, qualifying widow(er), or married filing separately and you lived apart from your spouse for all of 2013, enter $25,000 9. Can you e file an amended return 25,000       Note. Can you e file an amended return If you are married filing separately and you lived with your spouse at any time in 2013, skip lines 9 through 16; multiply line 8 by 85% (. Can you e file an amended return 85) and enter the result on line 17. Can you e file an amended return Then go to line 18. Can you e file an amended return         10. Can you e file an amended return Is the amount on line 9 less than the amount on line 8?             No. Can you e file an amended return None of your benefits are taxable. Can you e file an amended return Enter -0- on Form 1040, line 20b, or on Form 1040A, line 14b. Can you e file an amended return If you are married filing separately and you lived apart from your spouse for all of 2013, be sure you entered “D” to the right of the word “benefits” on Form 1040, line 20a, or on Form 1040A, line 14a. Can you e file an amended return             Yes. Can you e file an amended return Subtract line 9 from line 8 10. Can you e file an amended return 6,000     11. Can you e file an amended return Enter $12,000 if married filing jointly; $9,000 if single, head of household, qualifying widow(er), or married filing separately and you lived apart from your spouse for all of 2013 11. Can you e file an amended return 9,000     12. Can you e file an amended return Subtract line 11 from line 10. Can you e file an amended return If zero or less, enter -0- 12. Can you e file an amended return -0-     13. Can you e file an amended return Enter the smaller of line 10 or line 11 13. Can you e file an amended return 6,000     14. Can you e file an amended return Enter one-half of line 13 14. Can you e file an amended return 3,000     15. Can you e file an amended return Enter the smaller of line 2 or line 14 15. Can you e file an amended return 3,000     16. Can you e file an amended return Multiply line 12 by 85% (. Can you e file an amended return 85). Can you e file an amended return If line 12 is zero, enter -0- 16. Can you e file an amended return -0-     17. Can you e file an amended return Add lines 15 and 16 17. Can you e file an amended return 3,000     18. Can you e file an amended return Multiply line 1 by 85% (. Can you e file an amended return 85) 18. Can you e file an amended return 9,350     19. Can you e file an amended return Taxable benefits. Can you e file an amended return Enter the smaller of line 17 or line 18. Can you e file an amended return Also enter this amount on Form 1040, line 20b, or Form 1040A, line 14b 19. Can you e file an amended return $3,000       If you received a lump-sum payment in 2013 that was for an earlier year, also complete Worksheet 2 or 3 and Worksheet 4 to see if you can report a lower taxable benefit. Can you e file an amended return         Jane Jackson's Filled-in Worksheet 2. Can you e file an amended return Figure Your Additional Taxable Benefits (From a Lump-Sum Payment for a Year After 1993)     Enter earlier year 2012 1. Can you e file an amended return Enter the total amount from box 5 of ALL your Forms SSA-1099 and RRB-1099 for the earlier year, plus the lump-sum payment for the earlier year received after that year 1. Can you e file an amended return $2,000           Note. Can you e file an amended return If line 1 is zero or less, skip lines 2 through 20 and enter -0- on line 21. Can you e file an amended return Otherwise, go on to line 2. Can you e file an amended return             2. Can you e file an amended return Enter one-half of line 1 2. Can you e file an amended return 1,000   3. Can you e file an amended return Enter your adjusted gross income for the earlier year 3. Can you e file an amended return 23,000   4. Can you e file an amended return Enter the total of any exclusions/adjustments you claimed in the earlier year for: Adoption benefits (Form 8839) Qualified U. Can you e file an amended return S. Can you e file an amended return savings bond interest (Form 8815) Student loan interest (Form 1040, page 1, or Form 1040A, page 1) Tuition and fees (Form 1040, page 1, or Form 1040A, page 1) Domestic production activities (for 2005 through 2012) (Form 1040, page 1) Foreign earned income or housing (Form 2555 or Form 2555-EZ) Certain income of bona fide residents of American Samoa (Form 4563) or Puerto Rico 4. Can you e file an amended return -0-   5. Can you e file an amended return Enter any tax-exempt interest received in the earlier year 5. Can you e file an amended return -0-   6. Can you e file an amended return Add lines 2 through 5 6. Can you e file an amended return 24,000   7. Can you e file an amended return Enter your taxable benefits for the earlier year that you previously reported 7. Can you e file an amended return -0-   8. Can you e file an amended return Subtract line 7 from line 6 8. Can you e file an amended return 24,000   9. Can you e file an amended return If, for the earlier year, you were:     Married filing jointly, enter $32,000 Single, head of household, qualifying widow(er), married filing separately and you lived apart from your spouse for all of the earlier year, enter $25,000 9. Can you e file an amended return 25,000     Note. Can you e file an amended return If you were married filing separately and you lived with your spouse at any time during the earlier year, skip lines 9 through 16; multiply line 8 by 85% (. Can you e file an amended return 85) and enter the result on line 17. Can you e file an amended return Then go to line 18. Can you e file an amended return         10. Can you e file an amended return Is the amount on line 8 more than the amount on line 9?       No. Can you e file an amended return Skip lines 10 through 20 and enter -0- on line 21. Can you e file an amended return       Yes. Can you e file an amended return Subtract line 9 from line 8 10. Can you e file an amended return     11. Can you e file an amended return Enter $12,000 if married filing jointly for the earlier year; $9,000 if single, head of household, qualifying widow(er), or married filing separately and you lived apart from your spouse for all of the earlier year 11. Can you e file an amended return     12. Can you e file an amended return Subtract line 11 from line 10. Can you e file an amended return If zero or less, enter -0- 12. Can you e file an amended return     13. Can you e file an amended return Enter the smaller of line 10 or line 11 13. Can you e file an amended return     14. Can you e file an amended return Enter one-half of line 13 14. Can you e file an amended return     15. Can you e file an amended return Enter the smaller of line 2 or line 14 15. Can you e file an amended return     16. Can you e file an amended return Multiply line 12 by 85% (. Can you e file an amended return 85). Can you e file an amended return If line 12 is zero, enter -0- 16. Can you e file an amended return     17. Can you e file an amended return Add lines 15 and 16 17. Can you e file an amended return     18. Can you e file an amended return Multiply line 1 by 85% (. Can you e file an amended return 85) 18. Can you e file an amended return     19. Can you e file an amended return Refigured taxable benefits. Can you e file an amended return Enter the smaller of line 17 or line 18 19. Can you e file an amended return     20. Can you e file an amended return Enter your taxable benefits for the earlier year (or as refigured due to a previous lump-sum payment for the year) 20. Can you e file an amended return     21. Can you e file an amended return Additional taxable benefits. Can you e file an amended return Subtract line 20 from line 19. Can you e file an amended return Also enter this amount on Worksheet 4, line 20 21. Can you e file an amended return -0-     Do not file an amended return for this earlier year. Can you e file an amended return Complete a separate Worksheet 2 or Worksheet 3 for each earlier year for which you received a lump-sum payment in 2013. Can you e file an amended return   Jane Jackson's Filled-in Worksheet 4. Can you e file an amended return Figure Your Taxable Benefits Under the Lump-Sum Election Method (Use With Worksheet 2 or 3)     Complete Worksheet 1 and Worksheets 2 and 3 as appropriate before completing this worksheet. Can you e file an amended return 1. Can you e file an amended return Enter the total amount from box 5 of ALL your Forms SSA-1099 and RRB-1099 for 2013, minus the lump-sum payment for years before 2013 1. Can you e file an amended return $9,000         Note. Can you e file an amended return If line 1 is zero or less, skip lines 2 through 18, enter -0- on line 19 and go to line 20. Can you e file an amended return Otherwise, go on to line 2. Can you e file an amended return           2. Can you e file an amended return Enter one-half of line 1 2. Can you e file an amended return 4,500   3. Can you e file an amended return Enter the amount from Worksheet 1, line 3 3. Can you e file an amended return 25,500   4. Can you e file an amended return Enter the amount from Worksheet 1, line 4 4. Can you e file an amended return -0-   5. Can you e file an amended return Enter the amount from Worksheet 1, line 5 5. Can you e file an amended return -0-   6. Can you e file an amended return Combine lines 2, 3, 4, and 5 6. Can you e file an amended return 30,000   7. Can you e file an amended return Enter the amount from Worksheet 1, line 7 7. Can you e file an amended return -0-   8. Can you e file an amended return Subtract line 7 from line 6 8. Can you e file an amended return 30,000   9. Can you e file an amended return Enter the amount from Worksheet 1, line 9. Can you e file an amended return But if you are married filing separately and lived with your spouse at any time during 2013, skip lines 9 through 16; multiply line 8 by 85% (. Can you e file an amended return 85) and enter the result on line 17. Can you e file an amended return Then, go to line 18 9. Can you e file an amended return 25,000   10. Can you e file an amended return Is the amount on line 8 more than the amount on line 9? No. Can you e file an amended return Skip lines 10 through 18, enter -0- on line 19, and go to line 20. Can you e file an amended return  Yes. Can you e file an amended return Subtract line 9 from line 8 10. Can you e file an amended return 5,000   11. Can you e file an amended return Enter the amount from Worksheet 1, line 11 11. Can you e file an amended return 9,000   12. Can you e file an amended return Subtract line 11 from line 10. Can you e file an amended return If zero or less, enter -0- 12. Can you e file an amended return -0-   13. Can you e file an amended return Enter the smaller of line 10 or line 11 13. Can you e file an amended return 5,000   14. Can you e file an amended return Enter one-half of line 13 14. Can you e file an amended return 2,500   15. Can you e file an amended return Enter the smaller of line 2 or line 14 15. Can you e file an amended return 2,500   16. Can you e file an amended return Multiply line 12 by 85% (. Can you e file an amended return 85). Can you e file an amended return If line 12 is zero, enter -0- 16. Can you e file an amended return -0-   17. Can you e file an amended return Add lines 15 and 16 17. Can you e file an amended return 2,500   18. Can you e file an amended return Multiply line 1 by 85% (. Can you e file an amended return 85) 18. Can you e file an amended return 7,650   19. Can you e file an amended return Enter the smaller of line 17 or line 18 19. Can you e file an amended return 2,500   20. Can you e file an amended return Enter the total of the amounts from Worksheet 2, line 21, and Worksheet 3, line 14, for all earlier years for which the lump-sum payment was received 20. Can you e file an amended return -0-   21. Can you e file an amended return Taxable benefits under lump-sum election method. Can you e file an amended return Add lines 19 and 20 21. Can you e file an amended return $2,500   Next. Can you e file an amended return Is line 21 above smaller than Worksheet 1, line 19? No. Can you e file an amended return Do not use this method to figure your taxable benefits. Can you e file an amended return Follow the instructions on Worksheet 1 to report your benefits. Can you e file an amended return  Yes. Can you e file an amended return You can elect to report your taxable benefits under this method. Can you e file an amended return To elect this method:     Enter “LSE” to the left of Form 1040, line 20a, or Form 1040A, line 14a. Can you e file an amended return If line 21 above is zero, follow the instructions in line 10 for “No” on Worksheet 1. Can you e file an amended return Otherwise: Enter the amount from Worksheet 1, line 1, on Form 1040, line 20a, or on Form 1040A, line 14a. Can you e file an amended return Enter the amount from line 21 above on Form 1040, line 20b, or on Form 1040A, line 14b. Can you e file an amended return If you are married filing separately and you lived apart from your spouse for all of 2013, enter “D” to the right of the word “benefits” on Form 1040, line 20a, or Form 1040A, line 14a. Can you e file an amended return   Deductions Related to Your Benefits You may be entitled to deduct certain amounts related to the benefits you receive. Can you e file an amended return Disability payments. Can you e file an amended return   You may have received disability payments from your employer or an insurance company that you included as income on your tax return in an earlier year. Can you e file an amended return If you received a lump-sum payment from SSA or RRB, and you had to repay the employer or insurance company for the disability payments, you can take an itemized deduction for the part of the payments you included in gross income in the earlier year. Can you e file an amended return If the amount you repay is more than $3,000, you may be able to claim a tax credit instead. Can you e file an amended return Claim the deduction or credit in the same way explained under Repayment of benefits received in an earlier year in the section Repayments More Than Gross Benefits , later. Can you e file an amended return Legal expenses. Can you e file an amended return   You can usually deduct legal expenses that you pay or incur to produce or collect taxable income or in connection with the determination, collection, or refund of any tax. Can you e file an amended return   Legal expenses for collecting the taxable part of your benefits are deductible as a miscellaneous itemized deduction on Schedule A (Form 1040), line 23. Can you e file an amended return Repayments More Than Gross Benefits In some situations, your Form SSA-1099 or Form RRB-1099 will show that the total benefits you repaid (box 4) are more than the gross benefits (box 3) you received. Can you e file an amended return If this occurred, your net benefits in box 5 will be a negative figure (a figure in parentheses) and none of your benefits will be taxable. Can you e file an amended return Do not use Worksheet 1 in this case. Can you e file an amended return If you receive more than one form, a negative figure in box 5 of one form is used to offset a positive figure in box 5 of another form for that same year. Can you e file an amended return If you have any questions about this negative figure, contact your local SSA office or your local RRB field office. Can you e file an amended return Joint return. Can you e file an amended return   If you and your spouse file a joint return, and your Form SSA-1099 or RRB-1099 has a negative figure in box 5, but your spouse's does not, subtract the amount in box 5 of your form from the amount in box 5 of your spouse's form. Can you e file an amended return You do this to get your net benefits when figuring if your combined benefits are taxable. Can you e file an amended return Example. Can you e file an amended return John and Mary file a joint return for 2013. Can you e file an amended return John received Form SSA-1099 showing $3,000 in box 5. Can you e file an amended return Mary also received Form SSA-1099 and the amount in box 5 was ($500). Can you e file an amended return John and Mary will use $2,500 ($3,000 minus $500) as the amount of their net benefits when figuring if any of their combined benefits are taxable. Can you e file an amended return Repayment of benefits received in an earlier year. Can you e file an amended return   If the total amount shown in box 5 of all of your Forms SSA-1099 and RRB-1099 is a negative figure, you can take an itemized deduction for the part of this negative figure that represents benefits you included in gross income in an earlier year. Can you e file an amended return Deduction $3,000 or less. Can you e file an amended return   If this deduction is $3,000 or less, it is subject to the 2%-of-adjusted-gross-income limit that applies to certain miscellaneous itemized deductions. Can you e file an amended return Claim it on Schedule A (Form 1040), line 23. Can you e file an amended return Deduction more than $3,000. Can you e file an amended return   If this deduction is more than $3,000, you should figure your tax two ways: Figure your tax for 2013 with the itemized deduction included on Schedule A, line 28. Can you e file an amended return Figure your tax for 2013 in the following steps: Figure the tax without the itemized deduction included on Schedule A, line 28. Can you e file an amended return For each year after 1983 for which part of the negative figure represents a repayment of benefits, refigure your taxable benefits as if your total benefits for the year were reduced by that part of the negative figure. Can you e file an amended return Then refigure the tax for that year. Can you e file an amended return Subtract the total of the refigured tax amounts in (b) from the total of your actual tax amounts. Can you e file an amended return Subtract the result in (c) from the result in (a). Can you e file an amended return   Compare the tax figured in methods (1) and (2). Can you e file an amended return Your tax for 2013 is the smaller of the two amounts. Can you e file an amended return If method (1) results in less tax, take the itemized deduction on Schedule A (Form 1040), line 28. Can you e file an amended return If method (2) results in less tax, claim a credit for the amount from step 2(c) above on Form 1040, line 71. Can you e file an amended return Check box d and enter “I. Can you e file an amended return R. Can you e file an amended return C. Can you e file an amended return 1341” in the space next to that box. Can you e file an amended return If both methods produce the same tax, deduct the repayment on Schedule A (Form 1040), line 28. Can you e file an amended return Worksheets Blank Worksheets 1 through 4 are provided in this section: Worksheet 1, Figuring Your Taxable Benefits; Worksheet 2, Figure Your Additional Taxable Benefits (From a Lump-Sum Payment for a Year After 1993); Worksheet 3, Figure Your Additional Taxable Benefits (From a Lump-Sum Payment for a Year Before 1994); Worksheet 4, Figure Your Taxable Benefits Under the Lump-Sum Election Method (Use With Worksheet 2 or 3). Can you e file an amended return Worksheet 1. Can you e file an amended return Figuring Your Taxable Benefits Before you begin: If you are married filing separately and you lived apart from your spouse for all of 2013, enter “D” to the right of the word “benefits” on Form 1040, line 20a, or Form 1040A, line 14a. Can you e file an amended return Do not use this worksheet if you repaid benefits in 2013 and your total repayments (box 4 of Forms SSA-1099 and RRB-1099) were more than your gross benefits for 2013 (box 3 of Forms SSA-1099 and RRB-1099). Can you e file an amended return None of your benefits are taxable for 2013. Can you e file an amended return For more information, see Repayments More Than Gross Benefits . Can you e file an amended return If you are filing Form 8815, Exclusion of Interest From Series EE and I U. Can you e file an amended return S. Can you e file an amended return Savings Bonds Issued After 1989, do not include the amount from line 8a of Form 1040 or Form 1040A on line 3 of this worksheet. Can you e file an amended return Instead, include the amount from Schedule B (Form 1040A or 1040), line 2. Can you e file an amended return 1. Can you e file an amended return Enter the total amount from box 5 of ALL your Forms SSA-1099 and RRB-1099. Can you e file an amended return Also enter this amount on Form 1040, line 20a, or Form 1040A, line 14a 1. Can you e file an amended return           2. Can you e file an amended return Enter one-half of line 1 2. Can you e file an amended return       3. Can you e file an amended return Combine the amounts from: Form 1040: Lines 7, 8a, 9a, 10 through 14, 15b, 16b, 17 through 19, and 21 Form 1040A: Lines 7, 8a, 9a, 10, 11b, 12b, and 13 3. Can you e file an amended return       4. Can you e file an amended return Enter the amount, if any, from Form 1040 or 1040A, line 8b 4. Can you e file an amended return       5. Can you e file an amended return Enter the total of any exclusions/adjustments for: Adoption benefits (Form 8839, line 28), Foreign earned income or housing (Form 2555, lines 45 and 50, or Form 2555-EZ, line 18), and Certain income of bona fide residents of American Samoa (Form 4563, line 15) or Puerto Rico 5. Can you e file an amended return       6. Can you e file an amended return Combine lines 2, 3, 4, and 5 6. Can you e file an amended return       7. Can you e file an amended return Form 1040 filers: Enter the amounts from Form 1040, lines 23 through 32, and any write-in adjustments you entered on the dotted line next to line 36. Can you e file an amended return  Form 1040A filers: Enter the amounts from Form 1040A, lines 16 and 17 7. Can you e file an amended return       8. Can you e file an amended return Is the amount on line 7 less than the amount on line 6?             No. Can you e file an amended return None of your social security benefits are taxable. Can you e file an amended return Enter -0- on Form 1040, line 20b, or Form 1040A, line 14b. Can you e file an amended return             Yes. Can you e file an amended return Subtract line 7 from line 6 8. Can you e file an amended return       9. Can you e file an amended return If you are:  Married filing jointly, enter $32,000 Single, head of household, qualifying widow(er), or married filing separately and you lived apart from your spouse for all of 2013, enter $25,000 9. Can you e file an amended return         Note. Can you e file an amended return If you are married filing separately and you lived with your spouse at any time in 2013, skip lines 9 through 16; multiply line 8 by 85% (. Can you e file an amended return 85) and enter the result on line 17. Can you e file an amended return Then go to line 18. Can you e file an amended return         10. Can you e file an amended return Is the amount on line 9 less than the amount on line 8?             No. Can you e file an amended return None of your benefits are taxable. Can you e file an amended return Enter -0- on Form 1040, line 20b, or on Form 1040A, line 14b. Can you e file an amended return If you are married filing separately and you lived apart from your spouse for all of 2013, be sure you entered “D” to the right of the word “benefits” on Form 1040, line 20a, or on Form 1040A, line 14a. Can you e file an amended return             Yes. Can you e file an amended return Subtract line 9 from line 8 10. Can you e file an amended return       11. Can you e file an amended return Enter $12,000 if married filing jointly; $9,000 if single, head of household, qualifying widow(er), or married filing separately and you lived apart from your spouse for all of 2013 11. Can you e file an amended return       12. Can you e file an amended return Subtract line 11 from line 10. Can you e file an amended return If zero or less, enter -0- 12. Can you e file an amended return       13. Can you e file an amended return Enter the smaller of line 10 or line 11 13. Can you e file an amended return       14. Can you e file an amended return Enter one-half of line 13 14. Can you e file an amended return       15. Can you e file an amended return Enter the smaller of line 2 or line 14 15. Can you e file an amended return       16. Can you e file an amended return Multiply line 12 by 85% (. Can you e file an amended return 85). Can you e file an amended return If line 12 is zero, enter -0- 16. Can you e file an amended return       17. Can you e file an amended return Add lines 15 and 16 17. Can you e file an amended return       18. Can you e file an amended return Multiply line 1 by 85% (. Can you e file an amended return 85) 18. Can you e file an amended return       19. Can you e file an amended return Taxable benefits. Can you e file an amended return Enter the smaller of line 17 or line 18. Can you e file an amended return Also enter this amount on Form 1040, line 20b, or Form 1040A, line 14b 19. Can you e file an amended return         If you received a lump-sum payment in 2013 that was for an earlier year, also complete Worksheet 2 or 3 and Worksheet 4 to see if you can report a lower taxable benefit. Can you e file an amended return         Worksheet 2. Can you e file an amended return Figure Your Additional Taxable Benefits (From a Lump-Sum Payment for a Year After 1993)     Enter earlier year 1. Can you e file an amended return Enter the total amount from box 5 of ALL your Forms SSA-1099 and RRB-1099 for the earlier year, plus the lump-sum payment for the earlier year received after that year 1. Can you e file an amended return             Note. Can you e file an amended return If line 1 is zero or less, skip lines 2 through 20 and enter -0- on line 21. Can you e file an amended return Otherwise, go on to line 2. Can you e file an amended return             2. Can you e file an amended return Enter one-half of line 1 2. Can you e file an amended return     3. Can you e file an amended return Enter your adjusted gross income for the earlier year 3. Can you e file an amended return     4. Can you e file an amended return Enter the total of any exclusions/adjustments you claimed in the earlier year for: Adoption benefits (Form 8839) Qualified U. Can you e file an amended return S. Can you e file an amended return savings bond interest (Form 8815) Student loan interest (Form 1040, page 1, or Form 1040A, page 1) Tuition and fees (Form 1040, page 1, or Form 1040A, page 1) Domestic production activities (for 2005 through 2012) (Form 1040, page 1) Foreign earned income or housing (Form 2555 or Form 2555-EZ) Certain income of bona fide residents of American Samoa (Form 4563) or Puerto Rico 4. Can you e file an amended return     5. Can you e file an amended return Enter any tax-exempt interest received in the earlier year 5. Can you e file an amended return     6. Can you e file an amended return Add lines 2 through 5 6. Can you e file an amended return     7. Can you e file an amended return Enter your taxable benefits for the earlier year that you previously reported 7. Can you e file an amended return     8. Can you e file an amended return Subtract line 7 from line 6 8. Can you e file an amended return     9. Can you e file an amended return If, for the earlier year, you were:     Married filing jointly, enter $32,000 Single, head of household, qualifying widow(er), married filing separately and you lived apart from your spouse for all of the earlier year, enter $25,000 9. Can you e file an amended return       Note. Can you e file an amended return If you were married filing separately and you lived with your spouse at any time during the earlier year, skip lines 9 through 16; multiply line 8 by 85% (. Can you e file an amended return 85) and enter the result on line 17. Can you e file an amended return Then go to line 18. Can you e file an amended return         10. Can you e file an amended return Is the amount on line 8 more than the amount on line 9?       No. Can you e file an amended return Skip lines 10 through 20 and enter -0- on line 21. Can you e file an amended return       Yes. Can you e file an amended return Subtract line 9 from line 8 10. Can you e file an amended return     11. Can you e file an amended return Enter $12,000 if married filing jointly for the earlier year; $9,000 if single, head of household, qualifying widow(er), or married filing separately and you lived apart from your spouse for all of the earlier year 11. Can you e file an amended return     12. Can you e file an amended return Subtract line 11 from line 10. Can you e file an amended return If zero or less, enter -0- 12. Can you e file an amended return     13. Can you e file an amended return Enter the smaller of line 10 or line 11 13. Can you e file an amended return     14. Can you e file an amended return Enter one-half of line 13 14. Can you e file an amended return     15. Can you e file an amended return Enter the smaller of line 2 or line 14 15. Can you e file an amended return     16. Can you e file an amended return Multiply line 12 by 85% (. Can you e file an amended return 85). Can you e file an amended return If line 12 is zero, enter -0- 16. Can you e file an amended return     17. Can you e file an amended return Add lines 15 and 16 17. Can you e file an amended return     18. Can you e file an amended return Multiply line 1 by 85% (. Can you e file an amended return 85) 18. Can you e file an amended return     19. Can you e file an amended return Refigured taxable benefits. Can you e file an amended return Enter the smaller of line 17 or line 18 19. Can you e file an amended return     20. Can you e file an amended return Enter your taxable benefits for the earlier year (or as refigured due to a previous lump-sum payment for the year) 20. Can you e file an amended return     21. Can you e file an amended return Additional taxable benefits. Can you e file an amended return Subtract line 20 from line 19. Can you e file an amended return Also enter this amount on Worksheet 4, line 20 21. Can you e file an amended return       Do not file an amended return for this earlier year. Can you e file an amended return Complete a separate Worksheet 2 or Worksheet 3 for each earlier year for which you received a lump-sum payment in 2013. Can you e file an amended return   Worksheet 3. Can you e file an amended return Figure Your Additional Taxable Benefits (From a Lump-Sum Payment for a Year Before 1994) Enter earlier year 1. Can you e file an amended return Enter the total amount from box 5 of ALL your Forms SSA-1099 and RRB-1099 for the earlier year, plus the lump-sum payment for the earlier year received after that year 1. Can you e file an amended return           Note. Can you e file an amended return If line 1 is zero or less, skip lines 2 through 13 and enter -0- on line 14. Can you e file an amended return Otherwise, go on to line 2. Can you e file an amended return           2. Can you e file an amended return Enter one-half of line 1 2. Can you e file an amended return     3. Can you e file an amended return Enter your adjusted gross income for the earlier year 3. Can you e file an amended return     4. Can you e file an amended return Enter the total of any exclusions/adjustments you claimed in the earlier year for: Qualified U. Can you e file an amended return S. Can you e file an amended return savings bond interest (Form 8815) Foreign earned income or housing (Form 2555 or Form 2555-EZ) Certain income of bona fide residents of American Samoa (Form 4563) or Puerto Rico 4. Can you e file an amended return     5. Can you e file an amended return Enter any tax-exempt interest received in the earlier year 5. Can you e file an amended return     6. Can you e file an amended return Add lines 2 through 5 6. Can you e file an amended return     7. Can you e file an amended return Enter your taxable benefits for the earlier year that you previously reported 7. Can you e file an amended return     8. Can you e file an amended return Subtract line 7 from line 6 8. Can you e file an amended return     9. Can you e file an amended return Enter $25,000 ($32,000 if married filing jointly for the earlier year; $-0- if married filing separately for the earlier year and you lived with your spouse at any time during the earlier year) 9. Can you e file an amended return     10. Can you e file an amended return Is the amount on line 8 more than the amount on line 9? No. Can you e file an amended return Skip lines 10 through 13 and enter -0- on line 14. Can you e file an amended return  Yes. Can you e file an amended return Subtract line 9 from line 8. Can you e file an amended return 10. Can you e file an amended return     11. Can you e file an amended return Enter one-half of line 10 11. Can you e file an amended return     12. Can you e file an amended return Refigured taxable benefits. Can you e file an amended return Enter the smaller of line 2 or line 11 12. Can you e file an amended return     13. Can you e file an amended return Enter your taxable benefits for the earlier year (or as refigured due to a previous