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How To Amend 2012 Taxes

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How To Amend 2012 Taxes

How to amend 2012 taxes Index A Additional Medicare Tax, What's New Allocated tips, Allocated Tips Assistance (see Tax help) C Cash tips, How to keep a daily tip record. How to amend 2012 taxes Credit card charge tips, How to keep a daily tip record. How to amend 2012 taxes D Daily tip record, Keeping a Daily Tip Record E Electronic tip record, Electronic tip record. How to amend 2012 taxes Electronic tip statement, Electronic tip statement. How to amend 2012 taxes Employers Giving money to, for taxes, Giving your employer money for taxes. How to amend 2012 taxes Reporting tips to, Reporting Tips to Your Employer EmTRAC program, Tip Rate Determination and Education Program F Figures Form 4070A, sample filled-in, Form 1040 Schedule C, Self-employed persons. How to amend 2012 taxes Unreported tips, Reporting social security, Medicare, Additional Medicare, or railroad retirement taxes on tips not reported to your employer. How to amend 2012 taxes Form 4070, What tips to report. How to amend 2012 taxes Sample filled-in, Form 4070A, How to keep a daily tip record. How to amend 2012 taxes Form 4137, Reporting social security, Medicare, Additional Medicare, or railroad retirement taxes on tips not reported to your employer. How to amend 2012 taxes Form 8027, How to request an approved lower rate. How to amend 2012 taxes Form W-2 Uncollected taxes, Giving your employer money for taxes. How to amend 2012 taxes , Reporting uncollected social security, Medicare, Additional Medicare, or railroad retirement taxes on tips reported to your employer. How to amend 2012 taxes Free tax services, Free help with your tax return. How to amend 2012 taxes G Gaming Industry Tip Compliance Agreement Program, Tip Rate Determination and Education Program H Help (see Tax help) M Missing children, photographs of, Reminder N Noncash tips, How to keep a daily tip record. How to amend 2012 taxes P Penalties Failure to report tips to employer, Penalty for not reporting tips. How to amend 2012 taxes Underpayment of estimated taxes, Giving your employer money for taxes. How to amend 2012 taxes Publications (see Tax help) R Recordkeeping requirements Daily tip record, Keeping a Daily Tip Record Reporting Employee to report tips to employer, Reporting Tips to Your Employer Tip income, Introduction S Self-employed persons, Self-employed persons. How to amend 2012 taxes Service charge paid as wages, Service charges. How to amend 2012 taxes Social security and Medicare taxes Allocated tips, How to report allocated tips. How to amend 2012 taxes Reporting of earnings to Social Security Administration, Why report tips to your employer. How to amend 2012 taxes Tips not reported to employer, Reporting social security, Medicare, Additional Medicare, or railroad retirement taxes on tips not reported to your employer. How to amend 2012 taxes Uncollected taxes on tips, Reporting uncollected social security, Medicare, Additional Medicare, or railroad retirement taxes on tips reported to your employer. How to amend 2012 taxes T Tax help, How To Get Tax Help Tax returns, Reporting Tips on Your Tax Return Tip pools, How to keep a daily tip record. How to amend 2012 taxes Tip Rate Determination and Education Program, Tip Rate Determination and Education Program Tip splitting, How to keep a daily tip record. How to amend 2012 taxes TTY/TDD information, How To Get Tax Help U Uncollected taxes, Giving your employer money for taxes. How to amend 2012 taxes , Reporting uncollected social security, Medicare, Additional Medicare, or railroad retirement taxes on tips reported to your employer. How to amend 2012 taxes W Withholding, Why report tips to your employer. How to amend 2012 taxes Prev  Up     Home   More Online Publications
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The How To Amend 2012 Taxes

How to amend 2012 taxes Publication 514 - Main Content Table of Contents Choosing To Take Credit or DeductionChoice Applies to All Qualified Foreign Taxes Making or Changing Your Choice Why Choose the Credit?Credit for Taxes Paid or Accrued Foreign Currency and Exchange Rates Foreign Tax Redetermination Who Can Take the Credit?U. How to amend 2012 taxes S. How to amend 2012 taxes Citizens Resident Aliens Nonresident Aliens What Foreign Taxes Qualify for the Credit?Tax Must Be Imposed on You You Must Have Paid or Accrued the Tax Tax Must Be the Legal and Actual Foreign Tax Liability Tax Must Be an Income Tax (or Tax in Lieu of Income Tax) Foreign Taxes for Which You Cannot Take a CreditTaxes on Excluded Income Taxes for Which You Can Only Take an Itemized Deduction Taxes on Foreign Mineral Income Taxes From International Boycott Operations Taxes on Combined Foreign Oil and Gas Income Taxes of U. How to amend 2012 taxes S. How to amend 2012 taxes Persons Controlling Foreign Corporations and Partnerships Taxes Related to a Foreign Tax Credit Splitting Event How To Figure the CreditLimit on the Credit Separate Limit Income Allocation of Foreign Taxes Foreign Taxes From a Partnership or an S Corporation Figuring the Limit Qualified Dividends Capital Gains and Losses Allocation of Foreign and U. How to amend 2012 taxes S. How to amend 2012 taxes Losses Tax Treaties Carryback and CarryoverTime Limit on Tax Assessment Claim for Refund Taxes All Credited or All Deducted Married Couples How To Claim the CreditForm 1116 Records To Keep Simple Example — Filled-In Form 1116Part I—Taxable Income or Loss From Sources Outside the United States (for Category Checked Above) Part II—Foreign Taxes Paid or Accrued Part III—Figuring the Credit Part IV—Summary of Credits From Separate Parts III Comprehensive Example — Filled-In Form 1116Foreign earned income. How to amend 2012 taxes Employee business expenses. How to amend 2012 taxes Forms 1116 Computation of Taxable Income Part I—Taxable Income or Loss From Sources Outside the United States (for Category Checked Above) Part II—Foreign Taxes Paid or Accrued Part III—Figuring the Credit Part IV—Summary of Credits From Separate Parts III Unused Foreign Taxes How To Get Tax HelpLow Income Taxpayer Clinics Choosing To Take Credit or Deduction You can choose whether to take the amount of any qualified foreign taxes paid or accrued during the year as a foreign tax credit or as an itemized deduction. How to amend 2012 taxes You can change your choice for each year's taxes. How to amend 2012 taxes To choose the foreign tax credit, in most cases you must complete Form 1116 and attach it to your U. How to amend 2012 taxes S. How to amend 2012 taxes tax return. How to amend 2012 taxes However, you may qualify for the exception that allows you to claim the foreign tax credit without using Form 1116. How to amend 2012 taxes See How To Figure the Credit , later. How to amend 2012 taxes To choose to claim the taxes as an itemized deduction, use Schedule A (Form 1040), Itemized Deductions. How to amend 2012 taxes Figure your tax both ways—claiming the credit and claiming the deduction. How to amend 2012 taxes Then fill out your return the way that benefits you more. How to amend 2012 taxes See Why Choose the Credit, later. How to amend 2012 taxes Choice Applies to All Qualified Foreign Taxes As a general rule, you must choose to take either a credit or a deduction for all qualified foreign taxes. How to amend 2012 taxes If you choose to take a credit for qualified foreign taxes, you must take the credit for all of them. How to amend 2012 taxes You cannot deduct any of them. How to amend 2012 taxes Conversely, if you choose to deduct qualified foreign taxes, you must deduct all of them. How to amend 2012 taxes You cannot take a credit for any of them. How to amend 2012 taxes See What Foreign Taxes Qualify for the Credit , later, for the meaning of qualified foreign taxes. How to amend 2012 taxes There are exceptions to this general rule, which are described next. How to amend 2012 taxes Exceptions for foreign taxes not allowed as a credit. How to amend 2012 taxes   Even if you claim a credit for other foreign taxes, you can deduct any foreign tax that is not allowed as a credit if: You paid the tax to a country for which a credit is not allowed because it provides support for acts of international terrorism, or because the United States does not have or does not conduct diplomatic relations with it or recognize its government and that government is not otherwise eligible to purchase defense articles or services under the Arms Export Control Act, You paid withholding tax on dividends from foreign corporations whose stock you did not hold for the required period of time, You paid withholding tax on income or gain (other than dividends) from property you did not hold for the required period of time, You paid withholding tax on income or gain to the extent you had to make related payments on positions in substantially similar or related property, You participated in or cooperated with an international boycott, You paid taxes in connection with the purchase or sale of oil or gas, or You paid or accrued taxes on income or gain in connection with a covered asset acquisition. How to amend 2012 taxes Covered asset acquisitions include certain acquisitions that result in a stepped-up basis for U. How to amend 2012 taxes S. How to amend 2012 taxes tax purposes. How to amend 2012 taxes For more information, see Internal Revenue Code section 901(m). How to amend 2012 taxes The IRS intends to issue guidance that will explain this provision in greater detail. How to amend 2012 taxes   For more information on these items, see Taxes for Which You Can Only Take an Itemized Deduction , later, under Foreign Taxes for Which You Cannot Take a Credit. How to amend 2012 taxes Foreign taxes that are not income taxes. How to amend 2012 taxes   In most cases, only foreign income taxes qualify for the foreign tax credit. How to amend 2012 taxes Other taxes, such as foreign real and personal property taxes, do not qualify. How to amend 2012 taxes But you may be able to deduct these other taxes even if you claim the foreign tax credit for foreign income taxes. How to amend 2012 taxes   In most cases, you can deduct these other taxes only if they are expenses incurred in a trade or business or in the production of income. How to amend 2012 taxes However, you can deduct foreign real property taxes that are not trade or business expenses as an itemized deduction on Schedule A (Form 1040). How to amend 2012 taxes Carrybacks and carryovers. How to amend 2012 taxes   There is a limit on the credit you can claim in a tax year. How to amend 2012 taxes If your qualified foreign taxes exceed the credit limit, you may be able to carry over or carry back the excess to another tax year. How to amend 2012 taxes If you deduct qualified foreign taxes in a tax year, you cannot use a carryback or carryover in that year. How to amend 2012 taxes That is because you cannot take both a deduction and a credit for qualified foreign taxes in the same tax year. How to amend 2012 taxes   For more information on the limit, see How To Figure the Credit , later. How to amend 2012 taxes For more information on carrybacks and carryovers, see Carryback and Carryover , later. How to amend 2012 taxes Making or Changing Your Choice You can make or change your choice to claim a deduction or credit at any time during the period within 10 years from the regular due date for filing the return (without regard to any extension of time to file) for the tax year in which the taxes were actually paid or accrued. How to amend 2012 taxes You make or change your choice on your tax return (or on an amended return) for the year your choice is to be effective. How to amend 2012 taxes Example. How to amend 2012 taxes You paid foreign taxes for the last 13 years and chose to deduct them on your U. How to amend 2012 taxes S. How to amend 2012 taxes income tax returns. How to amend 2012 taxes You were timely in both filing your returns and paying your U. How to amend 2012 taxes S. How to amend 2012 taxes tax liability. How to amend 2012 taxes In February 2013, you file an amended return for tax year 2002 choosing to take a credit for your 2002 foreign taxes because you now realize that the credit is more advantageous than the deduction for that year. How to amend 2012 taxes Because the regular due date of your 2002 return was April 15, 2003, this choice is timely (within 10 years). How to amend 2012 taxes Because there is a limit on the credit for your 2002 foreign tax, you have unused 2002 foreign taxes. How to amend 2012 taxes Ordinarily, you first carry back unused foreign taxes arising in 2002 to, and claim them as a credit in, the 2 preceding tax years. How to amend 2012 taxes If you are unable to claim all of them in those 2 years, you carry them forward to the 10 years following the year in which they arose. How to amend 2012 taxes Because you originally chose to deduct your foreign taxes and the 10-year period for changing the choice for 2000 and 2001 has passed, you cannot change your choice and carry the unused 2002 foreign taxes back to tax years 2000 and 2001. How to amend 2012 taxes Because the 10-year periods for changing the choice have not passed for your 2003 through 2012 income tax returns, you can still choose to claim the credit for those years and carry forward any unused 2002 foreign taxes. How to amend 2012 taxes However, you must reduce the unused 2002 foreign taxes that you carry forward by the amount that would have been allowed as a carryback if you had timely carried back the foreign tax to tax years 2000 and 2001. How to amend 2012 taxes You cannot take a credit or a deduction for foreign taxes paid on income you exclude under the foreign earned income exclusion or the foreign housing exclusion. How to amend 2012 taxes See Foreign Earned Income and Housing Exclusions under Foreign Taxes for Which You Cannot Take a Credit, later. How to amend 2012 taxes Why Choose the Credit? The foreign tax credit is intended to relieve you of a double tax burden when your foreign source income is taxed by both the United States and the foreign country. How to amend 2012 taxes In most cases, if the foreign tax rate is higher than the U. How to amend 2012 taxes S. How to amend 2012 taxes rate, there will be no U. How to amend 2012 taxes S. How to amend 2012 taxes tax on the foreign income. How to amend 2012 taxes If the foreign tax rate is lower than the U. How to amend 2012 taxes S. How to amend 2012 taxes rate, U. How to amend 2012 taxes S. How to amend 2012 taxes tax on the foreign income will be limited to the difference between the rates. How to amend 2012 taxes The foreign tax credit can only reduce U. How to amend 2012 taxes S. How to amend 2012 taxes taxes on foreign source income; it cannot reduce U. How to amend 2012 taxes S. How to amend 2012 taxes taxes on U. How to amend 2012 taxes S. How to amend 2012 taxes source income. How to amend 2012 taxes Although no one rule covers all situations, in most cases it is better to take a credit for qualified foreign taxes than to deduct them as an itemized deduction. How to amend 2012 taxes This is because: A credit reduces your actual U. How to amend 2012 taxes S. How to amend 2012 taxes income tax on a dollar-for-dollar basis, while a deduction reduces only your income subject to tax, You can choose to take the foreign tax credit even if you do not itemize your deductions. How to amend 2012 taxes You then are allowed the standard deduction in addition to the credit, and If you choose to take the foreign tax credit, and the taxes paid or accrued exceed the credit limit for the tax year, you may be able to carry over or carry back the excess to another tax year. How to amend 2012 taxes (See Limit on credit under How To Figure the Credit, later. How to amend 2012 taxes ) Example 1. How to amend 2012 taxes For 2013, you and your spouse have adjusted gross income of $80,300, including $20,000 of dividend income from foreign sources. How to amend 2012 taxes None of the dividends are qualified dividends. How to amend 2012 taxes You file a joint return and can claim two $3,900 exemptions. How to amend 2012 taxes You had to pay $2,000 in foreign income taxes on the dividend income. How to amend 2012 taxes If you take the foreign taxes as an itemized deduction, your total itemized deductions are $15,000. How to amend 2012 taxes Your taxable income then is $57,500 and your tax is $7,736. How to amend 2012 taxes If you take the credit instead, your itemized deductions are only $13,000. How to amend 2012 taxes Your taxable income then is $59,500 and your tax before the credit is $8,036. How to amend 2012 taxes After the credit, however, your tax is only $6,036. How to amend 2012 taxes Therefore, your tax is $1,700 lower ($7,736 − $6,036) by taking the credit. How to amend 2012 taxes Example 2. How to amend 2012 taxes In 2013, you receive investment income of $5,000 from a foreign country, which imposes a tax of $1,500 on that income. How to amend 2012 taxes You report on your U. How to amend 2012 taxes S. How to amend 2012 taxes return this income as well as $56,000 of U. How to amend 2012 taxes S. How to amend 2012 taxes source wages and an allowable $49,000 partnership loss from a U. How to amend 2012 taxes S. How to amend 2012 taxes partnership. How to amend 2012 taxes Your share of the partnership's gross income is $25,000 and your share of its expenses is $74,000. How to amend 2012 taxes You are single, entitled to one $3,900 exemption, and have other itemized deductions of $6,850. How to amend 2012 taxes If you deduct the foreign tax on your U. How to amend 2012 taxes S. How to amend 2012 taxes return, your taxable income is a negative $250 ($5,000 + $56,000 − $49,000 − $1,500 − $6,850 − $3,900) and your tax is $0. How to amend 2012 taxes If you take the credit instead, your taxable income is $1,250 ($5,000 + $56,000 − $49,000 − $3,900 − $6,850) and your tax before the credit is $126. How to amend 2012 taxes You can take a credit of only $113 because of limits discussed later. How to amend 2012 taxes Your tax after the credit is $13 ($126 − $113), which is $13 more than if you deduct the foreign tax. How to amend 2012 taxes If you choose the credit, you will have unused foreign taxes of $1,387 ($1,500 − $113). How to amend 2012 taxes When deciding whether to take the credit or the deduction this year, you will need to consider whether you can benefit from a carryback or carryover of that unused foreign tax. How to amend 2012 taxes Credit for Taxes Paid or Accrued You can claim the credit for a qualified foreign tax in the tax year in which you pay it or accrue it, depending on your method of accounting. How to amend 2012 taxes “Tax year” refers to the tax year for which your U. How to amend 2012 taxes S. How to amend 2012 taxes return is filed, not the tax year for which your foreign return is filed. How to amend 2012 taxes Accrual method of accounting. How to amend 2012 taxes   If you use an accrual method of accounting, you can claim the credit only in the year in which you accrue the tax. How to amend 2012 taxes You are using an accrual method of accounting if you report income when you earn it, rather than when you receive it, and you deduct your expenses when you incur them, rather than when you pay them. How to amend 2012 taxes   In most cases, foreign taxes accrue when all the events have taken place that fix the amount of the tax and your liability to pay it. How to amend 2012 taxes Generally, this occurs on the last day of the tax year for which your foreign return is filed. How to amend 2012 taxes Contesting your foreign tax liability. How to amend 2012 taxes   If you are contesting your foreign tax liability, you cannot accrue it and take a credit until the amount of foreign tax due is finally determined. How to amend 2012 taxes However, if you choose to pay the tax liability you are contesting, you can take a credit for the amount you pay before a final determination of foreign tax liability is made. How to amend 2012 taxes Once your liability is determined, the foreign tax credit is allowable for the year to which the foreign tax relates. How to amend 2012 taxes If the amount of foreign taxes taken as a credit differs from the final foreign tax liability, you may have to adjust the credit, as discussed later under Foreign Tax Redetermination . How to amend 2012 taxes You may have to post a bond. How to amend 2012 taxes   If you claim a credit for taxes accrued but not paid, you may have to post an income tax bond to guarantee your payment of any tax due in the event the amount of foreign tax paid differs from the amount claimed. How to amend 2012 taxes   The IRS can request this bond at any time without regard to the Time Limit on Tax Assessment discussed later under Carryback and Carryover. How to amend 2012 taxes Cash method of accounting. How to amend 2012 taxes   If you use the cash method of accounting, you can choose to take the credit either in the year you pay the tax or in the year you accrue it. How to amend 2012 taxes You are using the cash method of accounting if you report income in the year you actually or constructively receive it, and deduct expenses in the year you pay them. How to amend 2012 taxes Choosing to take credit in the year taxes accrue. How to amend 2012 taxes   Even if you use the cash method of accounting, you can choose to take a credit for foreign taxes in the year they accrue. How to amend 2012 taxes You make the choice by checking the box in Part II of Form 1116. How to amend 2012 taxes Once you make that choice, you must follow it in all later years and take a credit for foreign taxes in the year they accrue. How to amend 2012 taxes   In addition, the choice to take the credit when foreign taxes accrue applies to all foreign taxes qualifying for the credit. How to amend 2012 taxes You cannot take a credit for some foreign taxes when paid and take a credit for others when accrued. How to amend 2012 taxes   If you make the choice to take the credit when foreign taxes accrue and pay them in a later year, you cannot claim a deduction for any part of the previously accrued taxes. How to amend 2012 taxes Credit based on taxes paid in earlier year. How to amend 2012 taxes   If, in earlier years, you took the credit based on taxes paid, and this year you choose to take the credit based on taxes accrued, you may be able to take the credit this year for taxes from more than one year. How to amend 2012 taxes Example. How to amend 2012 taxes Last year you took the credit based on taxes paid. How to amend 2012 taxes This year you chose to take the credit based on taxes accrued. How to amend 2012 taxes During the year you paid foreign income taxes owed for last year. How to amend 2012 taxes You also accrued foreign income taxes for this year that you did not pay by the end of the year. How to amend 2012 taxes You can base the credit on your return for this year on both last year's taxes that you paid and this year's taxes that you accrued. How to amend 2012 taxes Foreign Currency and Exchange Rates U. How to amend 2012 taxes S. How to amend 2012 taxes income tax is imposed on income expressed in U. How to amend 2012 taxes S. How to amend 2012 taxes dollars, while in most cases the foreign tax is imposed on income expressed in foreign currency. How to amend 2012 taxes Therefore, fluctuations in the value of the foreign currency relative to the U. How to amend 2012 taxes S. How to amend 2012 taxes dollar may affect the foreign tax credit. How to amend 2012 taxes Translating foreign currency into U. How to amend 2012 taxes S. How to amend 2012 taxes dollars. How to amend 2012 taxes   If you receive all or part of your income or pay some or all of your expenses in foreign currency, you must translate the foreign currency into U. How to amend 2012 taxes S. How to amend 2012 taxes dollars. How to amend 2012 taxes How and when you do this depends on your functional currency. How to amend 2012 taxes In most cases, your functional currency is the U. How to amend 2012 taxes S. How to amend 2012 taxes dollar unless you are required to use the currency of a foreign country. How to amend 2012 taxes   You must make all federal income tax determinations in your functional currency. How to amend 2012 taxes The U. How to amend 2012 taxes S. How to amend 2012 taxes dollar is the functional currency for all taxpayers except some qualified business units. How to amend 2012 taxes A qualified business unit is a separate and clearly identified unit of a trade or business that maintains separate books and records. How to amend 2012 taxes Unless you are self-employed, your functional currency is the U. How to amend 2012 taxes S. How to amend 2012 taxes dollar. How to amend 2012 taxes   Even if you are self-employed and have a qualified business unit, your functional currency is the U. How to amend 2012 taxes S. How to amend 2012 taxes dollar if any of the following apply. How to amend 2012 taxes You conduct the business primarily in dollars. How to amend 2012 taxes The principal place of business is located in the United States. How to amend 2012 taxes You choose to or are required to use the dollar as your functional currency. How to amend 2012 taxes The business books and records are not kept in the currency of the economic environment in which a significant part of the business activities is conducted. How to amend 2012 taxes   If your functional currency is the U. How to amend 2012 taxes S. How to amend 2012 taxes dollar, you must immediately translate into dollars all items of income, expense, etc. How to amend 2012 taxes , that you receive, pay, or accrue in a foreign currency and that will affect computation of your income tax. How to amend 2012 taxes If there is more than one exchange rate, use the one that most properly reflects your income. How to amend 2012 taxes In most cases, you can get exchange rates from banks and U. How to amend 2012 taxes S. How to amend 2012 taxes Embassies. How to amend 2012 taxes   If your functional currency is not the U. How to amend 2012 taxes S. How to amend 2012 taxes dollar, make all income tax determinations in your functional currency. How to amend 2012 taxes At the end of the year, translate the results, such as income or loss, into U. How to amend 2012 taxes S. How to amend 2012 taxes dollars to report on your income tax return. How to amend 2012 taxes    For more information, write to: Internal Revenue Service International Section Philadelphia, PA 19255-0725 Rate of exchange for foreign taxes paid. How to amend 2012 taxes   Use the rate of exchange in effect on the date you paid the foreign taxes to the foreign country unless you meet the exception discussed next. How to amend 2012 taxes If your tax was withheld in foreign currency, use the rate of exchange in effect for the date on which the tax was withheld. How to amend 2012 taxes If you make foreign estimated tax payments, you use the rate of exchange in effect for the date on which you made the estimated tax payment. How to amend 2012 taxes   The exchange rate rules discussed here apply even if the foreign taxes are paid or accrued with respect to a foreign tax credit splitting event (discussed later). How to amend 2012 taxes Exception. How to amend 2012 taxes   If you claim the credit for foreign taxes on an accrual basis, in most cases you must use the average exchange rate for the tax year to which the taxes relate. How to amend 2012 taxes This rule applies to accrued taxes relating to tax years beginning after 1997 and only under the following conditions. How to amend 2012 taxes The foreign taxes are paid on or after the first day of the tax year to which they relate. How to amend 2012 taxes The foreign taxes are paid not later than 2 years after the close of the tax year to which they relate. How to amend 2012 taxes The foreign tax liability is not denominated in an inflationary currency (defined in the Form 1116 instructions). How to amend 2012 taxes (This condition applies to taxes paid or accrued in tax years beginning after November 6, 2007. How to amend 2012 taxes )   For all other foreign taxes, you should use the exchange rate in effect on the date you paid them. How to amend 2012 taxes Election to use exchange rate on date paid. How to amend 2012 taxes   If you have accrued foreign taxes that you are otherwise required to convert using the average exchange rate, you may elect to use the exchange rate in effect on the date the foreign taxes are paid if the taxes are denominated in a nonfunctional foreign currency. How to amend 2012 taxes If any of the accrued taxes are unpaid, you must translate them into U. How to amend 2012 taxes S. How to amend 2012 taxes dollars using the exchange rate on the last day of the U. How to amend 2012 taxes S. How to amend 2012 taxes tax year to which those taxes relate. How to amend 2012 taxes You may make the election for all nonfunctional currency foreign income taxes or only those nonfunctional currency foreign income taxes that are attributable to qualified business units with a U. How to amend 2012 taxes S. How to amend 2012 taxes dollar functional currency. How to amend 2012 taxes Once made, the election applies to the tax year for which made and all subsequent tax years unless revoked with the consent of the IRS. How to amend 2012 taxes The election is available for tax years beginning after 2004. How to amend 2012 taxes It must be made by the due date (including extensions) for filing the tax return for the first tax year to which the election applies. How to amend 2012 taxes Make the election by attaching a statement to the applicable tax return. How to amend 2012 taxes The statement must identify whether the election is made for all foreign taxes or only for foreign taxes attributable to qualified business units with a U. How to amend 2012 taxes S. How to amend 2012 taxes dollar functional currency. How to amend 2012 taxes Foreign Tax Redetermination A foreign tax redetermination is any change in your foreign tax liability that may affect your U. How to amend 2012 taxes S. How to amend 2012 taxes foreign tax credit claimed. How to amend 2012 taxes The year in which to claim the credit remains the year to which the foreign taxes paid or accrued relate, even if the change in foreign tax liability occurs in a later year. How to amend 2012 taxes If a foreign tax redetermination occurs, a redetermination of your U. How to amend 2012 taxes S. How to amend 2012 taxes tax liability is required if any of the following conditions apply. How to amend 2012 taxes The accrued taxes when paid differ from the amounts claimed as a credit. How to amend 2012 taxes The accrued taxes you claimed as a credit in one tax year are not paid within 2 years after the end of that tax year. How to amend 2012 taxes If this applies to you, you must reduce the credit previously claimed by the amount of the unpaid taxes. How to amend 2012 taxes You will not be allowed a credit for the unpaid taxes until you pay them. How to amend 2012 taxes When you pay the accrued taxes, a new foreign tax redetermination occurs and you must translate the taxes into U. How to amend 2012 taxes S. How to amend 2012 taxes dollars using the exchange rate as of the date they were paid. How to amend 2012 taxes The foreign tax credit is allowed for the year to which the foreign tax relates. How to amend 2012 taxes See Rate of exchange for foreign taxes paid , earlier, under Foreign Currency and Exchange Rates. How to amend 2012 taxes The foreign taxes you paid are refunded in whole or in part. How to amend 2012 taxes For taxes taken into account when accrued but translated into dollars on the date of payment, the dollar value of the accrued tax differs from the dollar value of the tax paid because of fluctuations in the exchange rate between the date of accrual and the date of payment. How to amend 2012 taxes However, no redetermination is required if the change in foreign tax liability for each foreign country is solely attributable to exchange rate fluctuations and is less than the smaller of: $10,000, or 2% of the total dollar amount of the foreign tax initially accrued for that foreign country for the U. How to amend 2012 taxes S. How to amend 2012 taxes tax year. How to amend 2012 taxes In this case, you must adjust your U. How to amend 2012 taxes S. How to amend 2012 taxes tax in the tax year in which the accrued foreign taxes are paid. How to amend 2012 taxes Notice to the Internal Revenue Service (IRS) of Redetermination You are required to notify the IRS about a foreign tax credit redetermination that affects your U. How to amend 2012 taxes S. How to amend 2012 taxes tax liability for each tax year affected by the redetermination. How to amend 2012 taxes In most cases, you must file Form 1040X, Amended U. How to amend 2012 taxes S. How to amend 2012 taxes Individual Income Tax Return, with a revised Form 1116 and a statement that contains information sufficient for the IRS to redetermine your U. How to amend 2012 taxes S. How to amend 2012 taxes tax liability for the year or years affected. How to amend 2012 taxes See Contents of statement , later. How to amend 2012 taxes You are not required to attach Form 1116 for a tax year affected by a redetermination if: The amount of your creditable taxes paid or accrued during the tax year is not more than $300 ($600 if married filing a joint return) as a result of the foreign tax redetermination, and You meet the requirements listed under Exemption from foreign tax credit limit under How To Figure the Credit, later. How to amend 2012 taxes There are other exceptions to this requirement. How to amend 2012 taxes They are discussed later under Due date of notification to IRS . How to amend 2012 taxes Contents of statement. How to amend 2012 taxes   The statement must include all of the following. How to amend 2012 taxes Your name, address, and taxpayer identification number. How to amend 2012 taxes The tax year or years that are affected by the foreign tax redetermination. How to amend 2012 taxes The date or dates the foreign taxes were accrued, if applicable. How to amend 2012 taxes The date or dates the foreign taxes were paid. How to amend 2012 taxes The amount of foreign taxes paid or accrued on each date (in foreign currency) and the exchange rate used to translate each amount. How to amend 2012 taxes Information sufficient to determine any interest due from or owing to you, including the amount of any interest paid to you by the foreign government and the dates received. How to amend 2012 taxes   In the case of any foreign taxes that were not paid before the date two years after the close of the tax year to which those taxes relate, you must provide the amount of those taxes in foreign currency and the exchange rate that was used to translate that amount when originally claimed as a credit. How to amend 2012 taxes   If any foreign tax was refunded in whole or in part, you must provide the date and amount (in foreign currency) of each refund, the exchange rate that was used to translate each amount when originally claimed as a credit, and the exchange rate for the date the refund was received (for purposes of computing foreign currency gain or loss under Internal Revenue Code section 988). How to amend 2012 taxes Due date of notification to IRS. How to amend 2012 taxes   If you pay less foreign tax than you originally claimed a credit for, in most cases you must file a notification by the due date (with extensions) of your original return for your tax year in which the foreign tax redetermination occurred. How to amend 2012 taxes There is no limit on the time the IRS has to redetermine and assess the correct U. How to amend 2012 taxes S. How to amend 2012 taxes tax due. How to amend 2012 taxes If you pay more foreign tax than you originally claimed a credit for, you have 10 years to file a claim for refund of U. How to amend 2012 taxes S. How to amend 2012 taxes taxes. How to amend 2012 taxes See Time Limit on Refund Claims , later. How to amend 2012 taxes   Exceptions to this due date are explained in the next two paragraphs. How to amend 2012 taxes Multiple redeterminations of U. How to amend 2012 taxes S. How to amend 2012 taxes tax liability for same tax year. How to amend 2012 taxes   Where more than one foreign tax redetermination requires a redetermination of U. How to amend 2012 taxes S. How to amend 2012 taxes tax liability for the same tax year and those redeterminations occur in the same tax year or within two consecutive tax years, you can file for that tax year one notification (Form 1040X with a Form 1116 and the required statement) that reflects all those tax redeterminations. How to amend 2012 taxes If you choose to file one notification, the due date for that notification is the due date of the original return (with extensions) for the year in which the first foreign tax redetermination that reduced your foreign tax liability occurred. How to amend 2012 taxes However, foreign tax redeterminations with respect to the tax year for which a redetermination of U. How to amend 2012 taxes S. How to amend 2012 taxes tax liability is required may occur after the due date for providing that notification. How to amend 2012 taxes In this situation, you may have to file more than one Form 1040X for that tax year. How to amend 2012 taxes Additional U. How to amend 2012 taxes S. How to amend 2012 taxes tax due eliminated by foreign tax credit carryback or carryover. How to amend 2012 taxes   If a foreign tax redetermination requires a redetermination of U. How to amend 2012 taxes S. How to amend 2012 taxes tax liability that would otherwise result in an additional amount of U. How to amend 2012 taxes S. How to amend 2012 taxes tax due, but the additional tax is eliminated by a carryback or carryover of an unused foreign tax, you do not have to amend your tax return for the year affected by the redetermination. How to amend 2012 taxes Instead, you can notify the IRS by attaching a statement to the original return for the tax year in which the foreign tax redetermination occurred. How to amend 2012 taxes You must file the statement by the due date (with extensions) of that return. How to amend 2012 taxes The statement must show the amount of the unused foreign taxes paid or accrued and a detailed schedule showing the computation of the carryback or carryover (including the amounts carried back or over to the year for which a redetermination on U. How to amend 2012 taxes S. How to amend 2012 taxes tax liability is required). How to amend 2012 taxes Failure-to-notify penalty. How to amend 2012 taxes   If you fail to notify the IRS of a foreign tax redetermination and cannot show reasonable cause for the failure, you may have to pay a penalty. How to amend 2012 taxes   For each month, or part of a month, that the failure continues, you pay a penalty of 5% of the tax due resulting from a redetermination of your U. How to amend 2012 taxes S. How to amend 2012 taxes tax. How to amend 2012 taxes This penalty cannot be more than 25% of the tax due. How to amend 2012 taxes Foreign tax refund. How to amend 2012 taxes   If you receive a foreign tax refund without interest from the foreign government, you will not have to pay interest on the amount of tax due resulting from the adjustment to your U. How to amend 2012 taxes S. How to amend 2012 taxes tax for the time before the date of the refund. How to amend 2012 taxes   However, if you receive a foreign tax refund with interest, you must pay interest to the IRS up to the amount of the interest paid to you by the foreign government. How to amend 2012 taxes The interest you must pay cannot be more than the interest you would have had to pay on taxes that were unpaid for any other reason for the same period. How to amend 2012 taxes Interest also is owed from the time you receive a refund until you pay the additional tax due. How to amend 2012 taxes Foreign tax imposed on foreign refund. How to amend 2012 taxes   If your foreign tax refund is taxed by the foreign country, you cannot take a separate credit or deduction for this additional foreign tax. How to amend 2012 taxes However, when you refigure the foreign tax credit taken for the original foreign tax, reduce the amount of the refund by the foreign tax paid on the refund. How to amend 2012 taxes Example. How to amend 2012 taxes You paid a foreign income tax of $3,000 in 2011, and received a foreign tax refund of $500 in 2013 on which a foreign tax of $100 was imposed. How to amend 2012 taxes When you refigure your credit for 2011, you must reduce the $3,000 you paid by $400. How to amend 2012 taxes Time Limit on Refund Claims You have 10 years to file a claim for refund of U. How to amend 2012 taxes S. How to amend 2012 taxes tax if you find that you paid or accrued a larger foreign tax than you claimed a credit for. How to amend 2012 taxes The 10-year period begins the day after the regular due date for filing the return (without extensions) for the year in which the taxes were actually paid or accrued. How to amend 2012 taxes You have 10 years to file your claim regardless of whether you claim the credit for taxes paid or taxes accrued. How to amend 2012 taxes The 10-year period applies to claims for refund or credit based on: Fixing math errors in figuring qualified foreign taxes, Reporting qualified foreign taxes not originally reported on the return, or Any other change in the size of the credit (including one caused by correcting the foreign tax credit limit). How to amend 2012 taxes The special 10-year period also applies to making or changing your choice to claim a deduction or credit for foreign taxes. How to amend 2012 taxes See Making or Changing Your Choice discussed earlier under Choosing To Take Credit or Deduction. How to amend 2012 taxes Who Can Take the Credit? U. How to amend 2012 taxes S. How to amend 2012 taxes citizens, resident aliens, and nonresident aliens who paid foreign income tax and are subject to U. How to amend 2012 taxes S. How to amend 2012 taxes tax on foreign source income may be able to take a foreign tax credit. How to amend 2012 taxes U. How to amend 2012 taxes S. How to amend 2012 taxes Citizens If you are a U. How to amend 2012 taxes S. How to amend 2012 taxes citizen, you are taxed by the United States on your worldwide income wherever you live. How to amend 2012 taxes You are normally entitled to take a credit for foreign taxes you pay or accrue. How to amend 2012 taxes Resident Aliens If you are a resident alien of the United States, you can take a credit for foreign taxes subject to the same general rules as U. How to amend 2012 taxes S. How to amend 2012 taxes citizens. How to amend 2012 taxes If you are a bona fide resident of Puerto Rico for the entire tax year, you also come under the same rules. How to amend 2012 taxes Usually, you can take a credit only for those foreign taxes imposed on income you actually or constructively received while you had resident alien status. How to amend 2012 taxes For information on alien status, see Publication 519. How to amend 2012 taxes Nonresident Aliens If you are a nonresident alien, you cannot take the credit in most cases. How to amend 2012 taxes However, you may be able to take the credit if: You were a bona fide resident of Puerto Rico during your entire tax year, or You pay or accrue tax to a foreign country or U. How to amend 2012 taxes S. How to amend 2012 taxes possession on income from foreign sources that is effectively connected with a trade or business in the United States. How to amend 2012 taxes But if you must pay tax to a foreign country or U. How to amend 2012 taxes S. How to amend 2012 taxes possession on income from U. How to amend 2012 taxes S. How to amend 2012 taxes sources only because you are a citizen or a resident of that country or U. How to amend 2012 taxes S. How to amend 2012 taxes possession, do not use that tax in figuring the amount of your credit. How to amend 2012 taxes For information on alien status and effectively connected income, see Publication 519. How to amend 2012 taxes What Foreign Taxes Qualify for the Credit? In most cases, the following four tests must be met for any foreign tax to qualify for the credit. How to amend 2012 taxes The tax must be imposed on you. How to amend 2012 taxes You must have paid or accrued the tax. How to amend 2012 taxes The tax must be the legal and actual foreign tax liability. How to amend 2012 taxes The tax must be an income tax (or a tax in lieu of an income tax). How to amend 2012 taxes Certain foreign taxes do not qualify for the credit even if the four tests are met. How to amend 2012 taxes See Foreign Taxes for Which You Cannot Take a Credit, later. How to amend 2012 taxes Tax Must Be Imposed on You You can claim a credit only for foreign taxes that are imposed on you by a foreign country or U. How to amend 2012 taxes S. How to amend 2012 taxes possession. How to amend 2012 taxes For example, a tax that is deducted from your wages is considered to be imposed on you. How to amend 2012 taxes You cannot shift the right to claim the credit by contract or other means. How to amend 2012 taxes Foreign country. How to amend 2012 taxes   A foreign country includes any foreign state and its political subdivisions. How to amend 2012 taxes Income, war profits, and excess profits taxes paid or accrued to a foreign city or province qualify for the foreign tax credit. How to amend 2012 taxes U. How to amend 2012 taxes S. How to amend 2012 taxes possessions. How to amend 2012 taxes   For foreign tax credit purposes, all qualified taxes paid to U. How to amend 2012 taxes S. How to amend 2012 taxes possessions are considered foreign taxes. How to amend 2012 taxes For this purpose, U. How to amend 2012 taxes S. How to amend 2012 taxes possessions include Puerto Rico and American Samoa. How to amend 2012 taxes   When the term “foreign country” is used in this publication, it includes U. How to amend 2012 taxes S. How to amend 2012 taxes possessions unless otherwise stated. How to amend 2012 taxes You Must Have Paid or Accrued the Tax In most cases, you can claim the credit only if you paid or accrued the foreign tax to a foreign country or U. How to amend 2012 taxes S. How to amend 2012 taxes possession. How to amend 2012 taxes However, the paragraphs that follow describe some instances in which you can claim the credit even if you did not directly pay or accrue the tax yourself. How to amend 2012 taxes Joint return. How to amend 2012 taxes   If you file a joint return, you can claim the credit based on the total foreign income taxes paid or accrued by you and your spouse. How to amend 2012 taxes Combined income. How to amend 2012 taxes   If foreign tax is imposed on the combined income of two or more persons (for example, spouses), the tax is allocated among, and considered paid by, these persons on a pro rata basis in proportion to each person's portion of the combined income, as determined under foreign law and Regulations section 1. How to amend 2012 taxes 901-2(f)(3)(iii). How to amend 2012 taxes Combined income with respect to each foreign tax that is imposed on a combined basis (and combined income subject to tax exemption or preferential tax rates) is computed separately, and the tax on that combined income is allocated separately. How to amend 2012 taxes   These rules apply to foreign taxes paid or accrued in tax years beginning after February 14, 2012. How to amend 2012 taxes However, you can choose to apply the new rules to foreign taxes paid or accrued in tax years beginning after December 31, 2010, and before February 15, 2012. How to amend 2012 taxes For more details, see paragraphs (f) and (h) of Regulations section 1. How to amend 2012 taxes 901-2. How to amend 2012 taxes For similar rules applicable to prior tax years, see Regulations section 1. How to amend 2012 taxes 901-2 (revised as of April 1, 2011). How to amend 2012 taxes Example. How to amend 2012 taxes You and your spouse reside in Country X, which imposes income tax on your combined incomes. How to amend 2012 taxes Both of you use the “u” as your functional currency. How to amend 2012 taxes Country X apportions tax based on income. How to amend 2012 taxes You had income of 30,000u and your spouse had income of 20,000u. How to amend 2012 taxes Your filing status on your U. How to amend 2012 taxes S. How to amend 2012 taxes income tax return is married filing separately. How to amend 2012 taxes You can claim only 60% (30,000u/50,000u) of the foreign taxes imposed on your income on your U. How to amend 2012 taxes S income tax return. How to amend 2012 taxes Your spouse can claim only 40% (20,000u/50,000u). How to amend 2012 taxes Partner or S corporation shareholder. How to amend 2012 taxes   If you are a member of a partnership, or a shareholder in an S corporation, you can claim the credit based on your proportionate share of the foreign income taxes paid or accrued by the partnership or the S corporation. How to amend 2012 taxes These amounts will be shown on the Schedule K-1 you receive from the partnership or S corporation. How to amend 2012 taxes However, if you are a shareholder in an S corporation that in turn owns stock in a foreign corporation, you cannot claim a credit for your share of foreign taxes paid by the foreign corporation. How to amend 2012 taxes Beneficiary. How to amend 2012 taxes   If you are a beneficiary of an estate or trust, you may be able to claim the credit based on your proportionate share of foreign income taxes paid or accrued by the estate or trust. How to amend 2012 taxes This amount will be shown on the Schedule K-1 you receive from the estate or trust. How to amend 2012 taxes However, you must show that the tax was imposed on income of the estate and not on income received by the decedent. How to amend 2012 taxes Mutual fund shareholder. How to amend 2012 taxes   If you are a shareholder of a mutual fund or other regulated investment company (RIC), you may be able to claim the credit based on your share of foreign income taxes paid by the fund if it chooses to pass the credit on to its shareholders. How to amend 2012 taxes You should receive from the mutual fund or other RIC a Form 1099-DIV, or similar statement, showing your share of the foreign income, and your share of the foreign taxes paid. How to amend 2012 taxes If you do not receive this information, you will need to contact the fund. How to amend 2012 taxes Controlled foreign corporation shareholder. How to amend 2012 taxes   If you are a shareholder of a controlled foreign corporation and choose to be taxed at corporate rates on the amount you must include in gross income from that corporation, you can claim the credit based on your share of foreign taxes paid or accrued by the controlled foreign corporation. How to amend 2012 taxes If you make this election, you must claim the credit by filing Form 1118, Foreign Tax Credit—Corporations. How to amend 2012 taxes Controlled foreign corporation. How to amend 2012 taxes   A controlled foreign corporation is a foreign corporation in which U. How to amend 2012 taxes S. How to amend 2012 taxes shareholders own more than 50% of the voting power or value of the stock. How to amend 2012 taxes You are considered a U. How to amend 2012 taxes S. How to amend 2012 taxes shareholder if you own, directly or indirectly, 10% or more of the total voting power of all classes of the foreign corporation's stock. How to amend 2012 taxes See Internal Revenue Code sections 951(b) and 958(b) for more information. How to amend 2012 taxes Tax Must Be the Legal and Actual Foreign Tax Liability The amount of foreign tax that qualifies is not necessarily the amount of tax withheld by the foreign country. How to amend 2012 taxes Only the legal and actual foreign tax liability that you paid or accrued during the year qualifies for the credit. How to amend 2012 taxes Foreign tax refund. How to amend 2012 taxes   You cannot take a foreign tax credit for income taxes paid to a foreign country if it is reasonably certain the amount would be refunded, credited, rebated, abated, or forgiven if you made a claim. How to amend 2012 taxes   For example, the United States has tax treaties with many countries allowing U. How to amend 2012 taxes S. How to amend 2012 taxes citizens and residents reductions in the rates of tax of those foreign countries. How to amend 2012 taxes However, some treaty countries require U. How to amend 2012 taxes S. How to amend 2012 taxes citizens and residents to pay the tax figured without regard to the lower treaty rates and then claim a refund for the amount by which the tax actually paid is more than the amount of tax figured using the lower treaty rate. How to amend 2012 taxes The qualified foreign tax is the amount figured using the lower treaty rate and not the amount actually paid, because the excess tax is refundable. How to amend 2012 taxes Subsidy received. How to amend 2012 taxes   Tax payments a foreign country returns to you in the form of a subsidy do not qualify for the foreign tax credit. How to amend 2012 taxes This rule applies even if the subsidy is given to a person related to you, or persons who participated with you in a transaction or a related transaction. How to amend 2012 taxes A subsidy can be provided by any means but must be determined, directly or indirectly, in relation to the amount of tax, or to the base used to figure the tax. How to amend 2012 taxes   The term “subsidy” includes any type of benefit. How to amend 2012 taxes Some ways of providing a subsidy are refunds, credits, deductions, payments, or discharges of obligations. How to amend 2012 taxes Shareholder receiving refund for corporate tax in integrated system. How to amend 2012 taxes   Under some foreign tax laws and treaties, a shareholder is considered to have paid part of the tax that is imposed on the corporation. How to amend 2012 taxes You may be able to claim a refund of these taxes from the foreign government. How to amend 2012 taxes You must include the refund (including any amount withheld) in your income in the year received. How to amend 2012 taxes Any tax withheld from the refund is a qualified foreign tax. How to amend 2012 taxes Example. How to amend 2012 taxes You are a shareholder of a French corporation. How to amend 2012 taxes You receive a $100 refund of the tax paid to France by the corporation on the earnings distributed to you as a dividend. How to amend 2012 taxes The French government imposes a 15% withholding tax ($15) on the refund you received. How to amend 2012 taxes You receive a check for $85. How to amend 2012 taxes You include $100 in your income. How to amend 2012 taxes The $15 of tax withheld is a qualified foreign tax. How to amend 2012 taxes Tax Must Be an Income Tax (or Tax in Lieu of Income Tax) In most cases, only income, war profits, and excess profits taxes (income taxes) qualify for the foreign tax credit. How to amend 2012 taxes Foreign taxes on wages, dividends, interest, and royalties qualify for the credit in most cases. How to amend 2012 taxes Furthermore, foreign taxes on income can qualify even though they are not imposed under an income tax law if the tax is in lieu of an income, war profits, or excess profits tax. How to amend 2012 taxes See Taxes in Lieu of Income Taxes , later. How to amend 2012 taxes Income Tax Simply because the levy is called an income tax by the foreign taxing authority does not make it an income tax for this purpose. How to amend 2012 taxes A foreign levy is an income tax only if it meets both of the following requirements. How to amend 2012 taxes It is a tax; that is, you have to pay it and you get no specific economic benefit (discussed below) from paying it. How to amend 2012 taxes The predominant character of the tax is that of an income tax in the U. How to amend 2012 taxes S. How to amend 2012 taxes sense. How to amend 2012 taxes A foreign levy may meet these requirements even if the foreign tax law differs from U. How to amend 2012 taxes S. How to amend 2012 taxes tax law. How to amend 2012 taxes The foreign law may include in income items that U. How to amend 2012 taxes S. How to amend 2012 taxes law does not include, or it may allow certain exclusions or deductions that U. How to amend 2012 taxes S. How to amend 2012 taxes law does not allow. How to amend 2012 taxes Specific economic benefit. How to amend 2012 taxes   In most cases, you get a specific economic benefit if you receive, or are considered to receive, an economic benefit from the foreign country imposing the levy, and: If there is a generally imposed income tax, the economic benefit is not available on substantially the same terms to all persons subject to the income tax, or If there is no generally imposed income tax, the economic benefit is not available on substantially the same terms to the population of the foreign country in general. How to amend 2012 taxes   You are considered to receive a specific economic benefit if you have a business transaction with a person who receives a specific economic benefit from the foreign country and, under the terms and conditions of the transaction, you receive directly or indirectly all or part of the benefit. How to amend 2012 taxes   However, see the exception discussed later under Pension, unemployment, and disability fund payments . How to amend 2012 taxes Economic benefits. How to amend 2012 taxes   Economic benefits include the following. How to amend 2012 taxes Goods. How to amend 2012 taxes Services. How to amend 2012 taxes Fees or other payments. How to amend 2012 taxes Rights to use, acquire, or extract resources, patents, or other property the foreign country owns or controls. How to amend 2012 taxes Discharges of contractual obligations. How to amend 2012 taxes   In most cases, the right or privilege merely to engage in business is not an economic benefit. How to amend 2012 taxes Dual-capacity taxpayers. How to amend 2012 taxes   If you are subject to a foreign country's levy and you also receive a specific economic benefit from that foreign country, you are a “dual-capacity taxpayer. How to amend 2012 taxes ” As a dual-capacity taxpayer, you cannot claim a credit for any part of the foreign levy, unless you establish that the amount paid under a distinct element of the foreign levy is a tax, rather than a compulsory payment for a direct or indirect specific economic benefit. How to amend 2012 taxes    For more information on how to establish amounts paid under separate elements of a levy, write to: Internal Revenue Service International Section Philadelphia, PA 19255-0725 Pension, unemployment, and disability fund payments. How to amend 2012 taxes   A foreign tax imposed on an individual to pay for retirement, old-age, death, survivor, unemployment, illness, or disability benefits, or for substantially similar purposes, is not payment for a specific economic benefit if the amount of the tax does not depend on the age, life expectancy, or similar characteristics of that individual. How to amend 2012 taxes    No deduction or credit is allowed, however, for social security taxes paid or accrued to a foreign country with which the United States has a social security agreement. How to amend 2012 taxes For more information about these agreements, see Publication 54. How to amend 2012 taxes Soak-up taxes. How to amend 2012 taxes   A foreign tax is not predominantly an income tax and does not qualify for credit to the extent it is a soak-up tax. How to amend 2012 taxes A tax is a soak-up tax to the extent that liability for it depends on the availability of a credit for it against income tax imposed by another country. How to amend 2012 taxes This rule applies only if and to the extent that the foreign tax would not be imposed if the credit were not available. How to amend 2012 taxes Penalties and interest. How to amend 2012 taxes   Amounts paid to a foreign government to satisfy a liability for interest, fines, penalties, or any similar obligation are not taxes and do not qualify for the credit. How to amend 2012 taxes Taxes not based on income. How to amend 2012 taxes   Foreign taxes based on gross receipts or the number of units produced, rather than on realized net income, do not qualify unless they are imposed in lieu of an income tax, as discussed next. How to amend 2012 taxes Taxes based on assets, such as property taxes, do not qualify for the credit. How to amend 2012 taxes Taxes in Lieu of Income Taxes A tax paid or accrued to a foreign country qualifies for the credit if it is imposed in lieu of an income tax otherwise generally imposed. How to amend 2012 taxes A foreign levy is a tax in lieu of an income tax only if: It is not payment for a specific economic benefit as discussed earlier, and The tax is imposed in place of, and not in addition to, an income tax otherwise generally imposed. How to amend 2012 taxes A tax in lieu of an income tax does not have to be based on realized net income. How to amend 2012 taxes A foreign tax imposed on gross income, gross receipts or sales, or the number of units produced or exported can qualify for the credit. How to amend 2012 taxes In most cases, a soak-up tax (discussed earlier) does not qualify as a tax in lieu of an income tax. How to amend 2012 taxes However, if the foreign country imposes a soak-up tax in lieu of an income tax, the amount that does not qualify for foreign tax credit is the lesser of the following amounts. How to amend 2012 taxes The soak-up tax. How to amend 2012 taxes The foreign tax you paid that is more than the amount you would have paid if you had been subject to the generally imposed income tax. How to amend 2012 taxes Foreign Taxes for Which You Cannot Take a Credit This part discusses the foreign taxes for which you cannot take a credit. How to amend 2012 taxes These are: Taxes on excluded income, Taxes for which you can only take an itemized deduction, Taxes on foreign mineral income, Taxes from international boycott operations, A portion of taxes on combined foreign oil and gas income, Taxes of U. How to amend 2012 taxes S. How to amend 2012 taxes persons controlling foreign corporations and partnerships who fail to file required information returns, and Taxes related to a foreign tax splitting event. How to amend 2012 taxes Taxes on Excluded Income You cannot take a credit for foreign taxes paid or accrued on certain income that is excluded from U. How to amend 2012 taxes S. How to amend 2012 taxes gross income. How to amend 2012 taxes Foreign Earned Income and Housing Exclusions You must reduce your foreign taxes available for the credit by the amount of those taxes paid or accrued on income that is excluded from U. How to amend 2012 taxes S. How to amend 2012 taxes income under the foreign earned income exclusion or the foreign housing exclusion. How to amend 2012 taxes See Publication 54 for more information on the foreign earned income and housing exclusions. How to amend 2012 taxes Wages completely excluded. How to amend 2012 taxes   If your wages are completely excluded, you cannot take a credit for any of the foreign taxes paid or accrued on these wages. How to amend 2012 taxes Wages partly excluded. How to amend 2012 taxes   If only part of your wages is excluded, you cannot take a credit for the foreign income taxes allocable to the excluded part. How to amend 2012 taxes You find the amount allocable to your excluded wages by multiplying the foreign tax paid or accrued on foreign earned income received or accrued during the tax year by a fraction. How to amend 2012 taxes   The numerator of the fraction is your foreign earned income and housing amounts excluded under the foreign earned income and housing exclusions for the tax year minus otherwise deductible expenses definitely related and properly apportioned to that income. How to amend 2012 taxes Deductible expenses do not include the foreign housing deduction. How to amend 2012 taxes   The denominator is your total foreign earned income received or accrued during the tax year minus all deductible expenses allocable to that income (including the foreign housing deduction). How to amend 2012 taxes If the foreign law taxes foreign earned income and some other income (for example, earned income from U. How to amend 2012 taxes S. How to amend 2012 taxes sources or a type of income not subject to U. How to amend 2012 taxes S. How to amend 2012 taxes tax), and the taxes on the other income cannot be segregated, the denominator of the fraction is the total amount of income subject to the foreign tax minus deductible expenses allocable to that income. How to amend 2012 taxes Example. How to amend 2012 taxes You are a U. How to amend 2012 taxes S. How to amend 2012 taxes citizen and a cash basis taxpayer, employed by Company X and living in Country A. How to amend 2012 taxes Your records show the following: Foreign earned income received $125,000 Unreimbursed business travel expenses 20,000 Income tax paid to Country A 30,000 Exclusion of foreign earned  income and housing allowance 97,600     Because you can exclude part of your wages, you cannot claim a credit for part of the foreign taxes. How to amend 2012 taxes To find that part, do the following. How to amend 2012 taxes First, find the amount of business expenses allocable to excluded wages and therefore not deductible. How to amend 2012 taxes To do this, multiply the otherwise deductible expenses by a fraction. How to amend 2012 taxes That fraction is the excluded wages over your foreign earned income. How to amend 2012 taxes   $20,000 × $97,600 $125,000 = $15,616             Next, find the numerator of the fraction by which you will multiply the foreign taxes paid. How to amend 2012 taxes To do this, subtract business expenses allocable to excluded wages ($15,616) from excluded wages ($97,600). How to amend 2012 taxes The result is $81,984. How to amend 2012 taxes Then, find the denominator of the fraction by subtracting all your deductible expenses from all your foreign earned income ($125,000 − $20,000 = $105,000). How to amend 2012 taxes Finally, multiply the foreign tax you paid by the resulting fraction. How to amend 2012 taxes   $30,000 × $81,984  $105,000 = $23,424 The amount of Country A tax you cannot take a credit for is $23,424. How to amend 2012 taxes Taxes on Income From Puerto Rico Exempt From U. How to amend 2012 taxes S. How to amend 2012 taxes Tax If you have income from Puerto Rican sources that is not taxable, you must reduce your foreign taxes paid or accrued by the taxes allocable to the exempt income. How to amend 2012 taxes For information on figuring the reduction, see Publication 570. How to amend 2012 taxes Possession Exclusion If you are a bona fide resident of American Samoa and exclude income from sources in American Samoa, you cannot take a credit for the taxes you pay or accrue on the excluded income. How to amend 2012 taxes For more information on this exclusion, see Publication 570. How to amend 2012 taxes Extraterritorial Income Exclusion You cannot take a credit for taxes you pay on qualifying foreign trade income excluded on Form 8873, Extraterritorial Income Exclusion. How to amend 2012 taxes However, see Internal Revenue Code section 943(d) for an exception for certain withholding taxes. How to amend 2012 taxes Taxes for Which You Can Only Take an Itemized Deduction You cannot claim a foreign tax credit for foreign income taxes paid or accrued under the following circumstances. How to amend 2012 taxes However, you can claim an itemized deduction for these taxes. How to amend 2012 taxes See Choosing To Take Credit or Deduction , earlier. How to amend 2012 taxes Taxes Imposed By Sanctioned Countries (Section 901(j) Income) You cannot claim a foreign tax credit for income taxes paid or accrued to any country if the income giving rise to the tax is for a period (the sanction period) during which: The Secretary of State has designated the country as one that repeatedly provides support for acts of international terrorism, The United States has severed or does not conduct diplomatic relations with the country, or The United States does not recognize the country's government, and that government is not otherwise eligible to purchase defense articles or services under the Arms Export Control Act. How to amend 2012 taxes The following countries meet this description for 2013. How to amend 2012 taxes Income taxes paid or accrued to these countries in 2013 do not qualify for the credit. How to amend 2012 taxes Cuba. How to amend 2012 taxes Iran. How to amend 2012 taxes Libya (but see Note later). How to amend 2012 taxes North Korea. How to amend 2012 taxes Sudan. How to amend 2012 taxes Syria. How to amend 2012 taxes Waiver of denial of the credit. How to amend 2012 taxes   A waiver can be granted to a sanctioned country if the President of the United States determines that granting the waiver is in the national interest of the United States and will expand trade and investment opportunities for U. How to amend 2012 taxes S. How to amend 2012 taxes companies in the sanctioned country. How to amend 2012 taxes The President must report to Congress his intentions to grant the waiver and his reasons for granting the waiver not less than 30 days before the date on which the waiver is granted. How to amend 2012 taxes Note. How to amend 2012 taxes Effective December 10, 2004, the President granted a waiver to Libya. How to amend 2012 taxes Income taxes arising on or after this date qualify for the credit if they meet the other requirements in this publication. How to amend 2012 taxes Limit on credit. How to amend 2012 taxes   In figuring the foreign tax credit limit, discussed later, income from a sanctioned country is a separate category of foreign income unless a Presidential waiver is granted. How to amend 2012 taxes You must fill out a separate Form 1116 for this income. How to amend 2012 taxes This will prevent you from claiming a credit for foreign taxes paid or accrued to the sanctioned country. How to amend 2012 taxes Example. How to amend 2012 taxes You lived and worked in Iran until August, when you were transferred to Italy. How to amend 2012 taxes You paid taxes to each country on the income earned in that country. How to amend 2012 taxes You cannot claim a foreign tax credit for the foreign taxes paid on the income earned in Iran. How to amend 2012 taxes Because the income earned in Iran is a separate category of foreign income, you must fill out a separate Form 1116 for that income. How to amend 2012 taxes You cannot take a credit for taxes paid on the income earned in Iran, but that income is taxable by the United States. How to amend 2012 taxes Figuring the credit when a sanction ends. How to amend 2012 taxes    Table 1 lists the countries for which sanctions have ended or for which a Presidential waiver has been granted. How to amend 2012 taxes For any of these countries, you can claim a foreign tax credit for the taxes paid or accrued to that country on the income for the period that begins after the end of the sanction period or the date the Presidential waiver was granted. How to amend 2012 taxes Example. How to amend 2012 taxes The sanctions against Country X ended on July 31. How to amend 2012 taxes On August 19, you receive a distribution from a mutual fund of Country X income. How to amend 2012 taxes The fund paid Country X income tax for you on the distribution. How to amend 2012 taxes Because the distribution was made after the sanction ended, you may include the foreign tax paid on the distribution to compute your foreign tax credit. How to amend 2012 taxes Amounts for the nonsanctioned period. How to amend 2012 taxes   If a sanction period ends (or a Presidential waiver is granted) during your tax year and you are not able to determine the actual income and taxes for that period, you can allocate amounts to that period based on the number of days in the period that fall in your tax year. How to amend 2012 taxes Multiply the income or taxes for the year by the following fraction to determine the amounts allocable to that period. How to amend 2012 taxes   Number of nonsanctioned days in year  Number of days in year Example. How to amend 2012 taxes You are a calendar year filer and received $20,000 of income from Country X in 2013 on which you paid tax of $4,500. How to amend 2012 taxes Sanctions against Country X ended on July 11, 2013. How to amend 2012 taxes You are unable to determine how much of the income or tax is for the nonsanctioned period. How to amend 2012 taxes Because your tax year starts on January 1, and the Country X sanction ended on July 11, 2013, 173 days of your tax year are in the nonsanctioned period. How to amend 2012 taxes You would compute the income for the nonsanctioned period as follows. How to amend 2012 taxes 173 365 × $20,000 = $9,479             You would figure the tax for the nonsanctioned period as follows. How to amend 2012 taxes 173 365 × $4,500 = $2,133 To figure your foreign tax credit, you would use $9,479 as the income from Country X and $2,133 as the tax. How to amend 2012 taxes Further information. How to amend 2012 taxes   The rules for figuring the foreign tax credit after a country's sanction period ends are more fully explained in Revenue Ruling 92-62, Cumulative Bulletin 1992-2, page 193. How to amend 2012 taxes This Cumulative Bulletin can be found in many libraries and IRS offices. How to amend 2012 taxes Table 1. How to amend 2012 taxes Countries Removed From the Sanction List or Granted Presidential Waiver   Sanction Period Country Starting Date Ending Date Iraq February 1, 1991 June 27, 2004 Libya January 1, 1987 December 9, 2004* *Presidential waiver granted for qualified income taxes arising after December 9, 2004. How to amend 2012 taxes Taxes Imposed on Certain Dividends You cannot claim a foreign tax credit for withholding tax (defined later ) on dividends paid or accrued if either of the following applies to the dividends. How to amend 2012 taxes The dividends are on stock you held for less than 16 days during the 31-day period that begins 15 days before the ex-dividend date (defined later). How to amend 2012 taxes The dividends are for a period or periods totaling more than 366 days on preferred stock you held for less than 46 days during the 91-day period that begins 45 days before the ex-dividend date. How to amend 2012 taxes If the dividend is not for more than 366 days, rule (1) applies to the preferred stock. How to amend 2012 taxes When figuring how long you held the stock, count the day you sold it, but do not count the day you acquired it or any days on which you were protected from risk of loss. How to amend 2012 taxes Regardless of how long you held the stock, you cannot claim the credit to the extent you have an obligation under a short sale or otherwise to make payments related to the dividend for positions in substantially similar or related property. How to amend 2012 taxes Withholding tax. How to amend 2012 taxes   For this purpose, withholding tax includes any tax determined on a gross basis. How to amend 2012 taxes It does not include any tax which is in the nature of a prepayment of a tax imposed on a net basis. How to amend 2012 taxes Ex-dividend date. How to amend 2012 taxes   The ex-dividend date is the first date following the declaration of a dividend on which the purchaser of a stock is not entitled to receive the next dividend payment. How to amend 2012 taxes Example 1. How to amend 2012 taxes You bought common stock from a foreign corporation on November 3. How to amend 2012 taxes You sold the stock on November 19. How to amend 2012 taxes You received a dividend on this stock because you owned it on the ex-dividend date of November 5. How to amend 2012 taxes To claim the credit, you must have held the stock for at least 16 days within the 31-day period that began on October 21 (15 days before the ex-dividend date). How to amend 2012 taxes Because you held the stock for 16 days, from November 4 until November 19, you are entitled to the credit. How to amend 2012 taxes Example 2. How to amend 2012 taxes The facts are the same as in Example 1 except that you sold the stock on November 14. How to amend 2012 taxes You held the stock for only 11 days. How to amend 2012 taxes You are not entitled to the credit. How to amend 2012 taxes Exception. How to amend 2012 taxes   If you are a securities dealer who actively conducts business in a foreign country, you may be able to claim a foreign tax credit for qualified taxes paid on dividends regardless of how long you held the stock or whether you were obligated to make payments for positions in substantially similar or related property. How to amend 2012 taxes See section 901(k)(4) of the Internal Revenue Code for more information. How to amend 2012 taxes Taxes Withheld on Income or Gain (Other Than Dividends) For income or gain (other than dividends) paid or accrued on property, you cannot claim a foreign tax credit for withholding tax (defined later): If you have not held the property for at least 16 days during the 31-day period that begins 15 days before the date on which the right to receive the payment arises, or To the extent you have to make related payments on positions in substantially similar or related property. How to amend 2012 taxes When figuring how long you held the property, count the day you sold it, but do not count the day you acquired it or any days on which you were protected from risk of loss. How to amend 2012 taxes Withholding tax. How to amend 2012 taxes   For this purpose, withholding tax includes any tax determined on a gross basis. How to amend 2012 taxes It does not include any tax which is in the nature of a prepayment of a tax imposed on a net basis. How to amend 2012 taxes Exception for dealers. How to amend 2012 taxes   If you are a dealer in property who actively conducts business in a foreign country, you may be able to claim a foreign tax credit for qualified taxes withheld on income or gain from that property regardless of how long you held it or whether you have to make related payments on positions in substantially similar or related property. How to amend 2012 taxes See section 901(I)(2) of the Internal Revenue Code for more information. How to amend 2012 taxes Covered Asset Acquisition ???You cannot take a credit for the disqualified portion of any foreign tax paid or accrued in connection with a covered asset acquisition. How to amend 2012 taxes A covered asset acquisition includes certain acquisitions that result in a stepped-up basis for U. How to amend 2012 taxes S. How to amend 2012 taxes tax purposes but not for foreign tax purposes. How to amend 2012 taxes For more information, see Internal Revenue Code section 901(m). How to amend 2012 taxes The IRS intends to issue guidance that will explain this provision in greater detail. How to amend 2012 taxes Taxes in Connection With the Purchase or Sale of Oil or Gas You cannot claim a foreign tax credit for taxes paid or accrued to a foreign country in connection with the purchase or sale of oil or gas extracted in that country if you do not have an economic interest in the oil or gas, and the purchase price or sales price is different from the fair market value of the oil or gas at the time of purchase or sale. How to amend 2012 taxes Taxes on Foreign Mineral Income You must reduce any taxes paid or accrued to a foreign country or possession on mineral income from that country or possession if you were allowed a deduction for percentage depletion for any part of the mineral income. How to amend 2012 taxes For details, see Regulations section 1. How to amend 2012 taxes 901-3. How to amend 2012 taxes Taxes From International Boycott Operations If you participate in or cooperate with an international boycott during the tax year, your foreign taxes resulting from boycott activities will reduce the total taxes available for credit. How to amend 2012 taxes See the instructions for line 12 in the Form 1116 instructions to figure this reduction. How to amend 2012 taxes In most cases, this rule does not apply to employees with wages who are working and living in boycotting countries, or to retirees with pensions who are living in these countries. How to amend 2012 taxes List of boycotting countries. How to amend 2012 taxes   A list of the countries which may require participation in or cooperation with an international boycott is published by the Department of the Treasury. How to amend 2012 taxes As of November 2013, the following countries are listed. How to amend 2012 taxes Iraq. How to amend 2012 taxes Kuwait. How to amend 2012 taxes Lebanon. How to amend 2012 taxes Libya. How to amend 2012 taxes Qatar. How to amend 2012 taxes Saudi Arabia. How to amend 2012 taxes Syria. How to amend 2012 taxes United Arab Emirates. How to amend 2012 taxes Yemen. How to amend 2012 taxes    For information concerning changes to the list, write to: Internal Revenue Service International Section Philadelphia, PA 19255-0725 Determinations of whether the boycott rule applies. How to amend 2012 taxes   You may request a determination from the Internal Revenue Service as to whether a particular operation constitutes participation in or cooperation with an international boycott. How to amend 2012 taxes The procedures for obtaining a determination from the Service are outlined in Revenue Procedure 77-9 in Cumulative Bulletin 1977-1. How to amend 2012 taxes Cumulative Bulletins are available in most IRS offices and you are welcome to read them there. How to amend 2012 taxes Public inspection. How to amend 2012 taxes   A determination and any related background file is open to public inspection. How to amend 2012 taxes However, your identity and certain other information will remain confidential. How to amend 2012 taxes Reporting requirements. How to amend 2012 taxes   You must file a report with the IRS if you or any of the following persons have operations in or related to a boycotting country or with the government, a company, or a national of a boycotting country. How to amend 2012 taxes A foreign corporation in which you own 10% or more of the voting power of all voting stock but only if you own the stock of the foreign corporation directly or through foreign entities. How to amend 2012 taxes A partnership in which you are a partner. How to amend 2012 taxes A trust you are treated as owning. How to amend 2012 taxes Form 5713 required. How to amend 2012 taxes   If you have to file a report, you must use Form 5713, International Boycott Report, and attach all supporting schedules. How to amend 2012 taxes See the Instructions for Form 5713 for information on when and where to file the form. How to amend 2012 taxes Penalty for failure to file. How to amend 2012 taxes   If you willfully fail to make a report, in addition to other penalties, you may be fined $25,000 or imprisoned for no more than one year, or both. How to amend 2012 taxes Taxes on Combined Foreign Oil and Gas Income You must reduce your foreign taxes by a portion of any foreign taxes imposed on combined foreign oil and gas income. How to amend 2012 taxes The amount of the reduction is the amount by which your foreign oil and gas taxes exceed the amount of your combined foreign oil and gas income multiplied by a fraction equal to your pre-credit U. How to amend 2012 taxes S. How to amend 2012 taxes tax liability (Form 1040, line 44) divided by your worldwide taxable income. How to amend 2012 taxes You may be entitled to carry over to other years taxes reduced under this rule. How to amend 2012 taxes See Internal Revenue Code section 907(f). How to amend 2012 taxes Combined foreign oil and gas income means the sum of foreign oil related income and foreign oil and gas extraction income. How to amend 2012 taxes Foreign oil and gas taxes are the sum of foreign oil and gas extraction taxes and foreign oil related taxes. How to amend 2012 taxes Taxes of U. How to amend 2012 taxes S. How to amend 2012 taxes Persons Controlling Foreign Corporations and Partnerships If you had control of a foreign corporation or a foreign partnership for the annual accounting period of that corporation or partnership that ended with or within your tax year, you may have to file an annual information return. How to amend 2012 taxes If you do not file the required information return, you may have to reduce the foreign taxes that may be used for the foreign tax credit. How to amend 2012 taxes See Penalty for not filing Form 5471 or Form 8865 , later. How to amend 2012 taxes U. How to amend 2012 taxes S. How to amend 2012 taxes persons controlling foreign corporations. How to amend 2012 taxes   If you are a U. How to amend 2012 taxes S. How to amend 2012 taxes citizen or resident who had control of a foreign corporation for an uninterrupted period of at least 30 days during the annual accounting period of that corporation, you may have to file an annual information return on Form 5471, Information Return of U. How to amend 2012 taxes S. How to amend 2012 taxes Persons With Respect To Certain Foreign Corporations. How to amend 2012 taxes Under this rule, you generally had control of a foreign corporation if at any time during your tax year you owned: Stock possessing more than 50% of the total combined voting power of all classes of stock entitled to vote, or More than 50% of the total value of shares of all classes of stock of the foreign corporation. How to amend 2012 taxes U. How to amend 2012 taxes S. How to amend 2012 taxes persons controlling foreign partnerships. How to amend 2012 taxes   If you are a U. How to amend 2012 taxes S. How to amend 2012 taxes citizen or resident who had control of a foreign partnership at any time during the partnership's tax year, you may have to file