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How To Amend A Tax Return 2012

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How To Amend A Tax Return 2012

How to amend a tax return 2012 4. How to amend a tax return 2012   Other Section 501(c) Organizations Table of Contents Introduction 501(c)(4) - Civic Leagues and Social Welfare OrganizationsSpecific Organizations 501(c)(5) - Labor, Agricultural and Horticultural OrganizationsLabor Organizations Agricultural and Horticultural Organizations 501(c)(6) - Business Leagues, etc. How to amend a tax return 2012 Line of business. How to amend a tax return 2012 Examples. How to amend a tax return 2012 Improvement of business conditions. How to amend a tax return 2012 Exception for local legislation. How to amend a tax return 2012 De minimis exception. How to amend a tax return 2012 Grass roots lobbying. How to amend a tax return 2012 501(c)(7) - Social and Recreation ClubsLimited membership. How to amend a tax return 2012 Support. How to amend a tax return 2012 Facilities open to public. How to amend a tax return 2012 Gross receipts from nonmembership sources. How to amend a tax return 2012 Gross receipts. How to amend a tax return 2012 Nontraditional activities. How to amend a tax return 2012 501(c)(8) and 501(c)(10) - Fraternal Beneficiary Societies and Domestic Fraternal SocietiesFraternal Beneficiary Societies (501(c)(8)) Domestic Fraternal Societies (501(c)(10)) 501(c)(4), 501(c)(9), and 501(c)(17) - Employees' AssociationsLocal Employees' Associations (501(c)(4)) Voluntary Employees' Beneficiary Associations (501(c)(9)) Supplemental Unemployment Benefit Trusts (501(c)(17)) 501(c)(12) - Local Benevolent Life Insurance Associations, Mutual Irrigation and Telephone Companies, and Like OrganizationsMembership. How to amend a tax return 2012 Losses and expenses. How to amend a tax return 2012 Distributions of proceeds. How to amend a tax return 2012 The 85% Requirement Local Life Insurance Associations Mutual or Cooperative Associations 501(c)(13) - Cemetery CompaniesBuying cemetery property. How to amend a tax return 2012 Perpetual care organization. How to amend a tax return 2012 Care of individual plots. How to amend a tax return 2012 501(c)(14) - Credit Unions and Other Mutual Financial OrganizationsState-Chartered Credit Unions Other Mutual Financial Organizations 501(c)(19) - Veterans' Organizations 501(c)(20) - Group Legal Services Plan Organizations 501(c)(21) - Black Lung Benefit TrustsExcise taxes. How to amend a tax return 2012 501(c)(2) - Title-Holding Corporations for Single Parent CorporationsExpenses. How to amend a tax return 2012 Waiver of payment of income. How to amend a tax return 2012 501(c)(25) - Title-Holding Corporations or Trusts for Multiple Parent CorporationsUnrelated Business Income 501(c)(26) - State-Sponsored High-Risk Health Coverage Organizations 501(c)(27) - Qualified State-Sponsored Workers' Compensation Organizations 501(c)(29) - CO-OP Health Insurance Issuers New Guidance for IRC 501(c)(29) Qualified Nonprofit Health Insurance Issuers General Requirements for Exemption under 501(c)(29) and Annual Filing Requirement Additional Guidance for Prospective 501(c)(29) Organizations Introduction This chapter contains specific information for certain organizations described in section 501(c), other than those organizations that are described in section 501(c)(3). How to amend a tax return 2012 Section 501(c)(3) organizations are covered in chapter 3 of this publication. How to amend a tax return 2012 The Table of Contents at the beginning of this publication, as well as the Organization Reference Chart, may help you locate at a glance the type of organization discussed in this chapter. How to amend a tax return 2012 501(c)(4) - Civic Leagues and Social Welfare Organizations If your organization is not organized for profit and will be operated primarily to promote social welfare to benefit the community, you should file Form 1024 to apply for recognition of exemption from federal income tax under section 501(c)(4). How to amend a tax return 2012 The discussion that follows describes the information you must provide when applying. How to amend a tax return 2012 For application procedures, see chapter 1. How to amend a tax return 2012 To qualify for exemption under section 501(c)(4), the organization's net earnings must be devoted primarily to charitable, educational, or recreational purposes. How to amend a tax return 2012 In addition, no part of the organization's net earnings can inure to the benefit of any private shareholder or individual. How to amend a tax return 2012 If the organization provides an excess benefit to certain persons, an excise tax may be imposed. How to amend a tax return 2012 See Excise tax on excess benefit transactions , under Excess Benefit Transactions in chapter 5 for more information about this tax. How to amend a tax return 2012 Examples. How to amend a tax return 2012   Types of organizations that are considered to be social welfare organizations are civic associations and volunteer fire companies. How to amend a tax return 2012 Nonprofit operation. How to amend a tax return 2012   You must submit evidence that your organization is organized and will be operated on a nonprofit basis. How to amend a tax return 2012 However, such evidence, including the fact that your organization is organized under a state law relating to nonprofit corporations, will not in itself establish a social welfare purpose. How to amend a tax return 2012 Social welfare. How to amend a tax return 2012   To establish that your organization is organized primarily to promote social welfare, you should submit evidence with your application showing that your organization will operate primarily to further (in some way) the common good and general welfare of the people of the community (such as by bringing about civic betterment and social improvements). How to amend a tax return 2012   An organization that restricts the use of its facilities to employees of selected corporations and their guests is primarily benefiting a private group rather than the community. How to amend a tax return 2012 It therefore does not qualify as a section 501(c)(4) organization. How to amend a tax return 2012 Similarly, an organization formed to represent member-tenants of an apartment complex does not qualify, since its activities benefit the member-tenants and not all tenants in the community. How to amend a tax return 2012 However, an organization formed to promote the legal rights of all tenants in a particular community may qualify under section 501(c)(4) as a social welfare organization. How to amend a tax return 2012 Political activity. How to amend a tax return 2012   Promoting social welfare does not include direct or indirect participation or intervention in political campaigns on behalf of or in opposition to any candidate for public office. How to amend a tax return 2012 However, if you submit proof that your organization is organized primarily to promote social welfare, it can obtain exemption even if it participates legally in some political activity on behalf of or in opposition to candidates for public office. How to amend a tax return 2012 See the discussion in chapter 2 under Political Organization Income Tax Return . How to amend a tax return 2012 Social or recreational activity. How to amend a tax return 2012   If social activities will be the primary purpose of your organization, you should not file an application for exemption as a social welfare organization but should file for exemption as a social club described in section 501(c)(7). How to amend a tax return 2012 Retirement benefit program. How to amend a tax return 2012   An organization established by its members that has as its primary activity providing supplemental retirement benefits to its members or death benefits to their beneficiaries does not qualify as an exempt social welfare organization. How to amend a tax return 2012 It may qualify under another paragraph of section 501(c) depending on all the facts. How to amend a tax return 2012   However, a nonprofit association that is established, maintained, and funded by a local government to provide the only retirement benefits to a class of employees may qualify as a social welfare organization under section 501(c)(4). How to amend a tax return 2012 Tax treatment of donations. How to amend a tax return 2012   Donations to volunteer fire companies are deductible on the donor's federal income tax return, but only if made for exclusively public purposes. How to amend a tax return 2012 Contributions to civic leagues or other section 501(c)(4) organizations generally are not deductible as charitable contributions for federal income tax purposes. How to amend a tax return 2012 They may be deductible as trade or business expenses, if ordinary and necessary in the conduct of the taxpayer's business. How to amend a tax return 2012 However, see Deduction not allowed for dues used for political or legislative activities , under 501(c)(6) - Business Leagues, etc. How to amend a tax return 2012 for more information. How to amend a tax return 2012 For more information on social welfare organizations, see Life Cycle of a Social Welfare Organization at IRS. How to amend a tax return 2012 gov. How to amend a tax return 2012 Specific Organizations The following information should be contained in the application form and accompanying statements of certain types of civic leagues or social welfare organizations. How to amend a tax return 2012 Volunteer fire companies. How to amend a tax return 2012   If your organization wishes to obtain exemption as a volunteer fire company or similar organization, you should submit evidence that its members are actively engaged in fire fighting and similar disaster assistance, whether it actually owns the fire fighting equipment, and whether it provides any assistance for its members, such as death and medical benefits in case of injury to them. How to amend a tax return 2012   If your organization does not have an independent social purpose, such as providing recreational facilities for members, it may be exempt under section 501(c)(3). How to amend a tax return 2012 In this event, your organization should file Form 1023. How to amend a tax return 2012 Homeowners' associations. How to amend a tax return 2012   A membership organization formed by a real estate developer to own and maintain common green areas, streets, and sidewalks and to enforce covenants to preserve the appearance of the development should show that it is operated for the benefit of all the residents of the community. How to amend a tax return 2012 The term community generally refers to a geographical unit recognizable as a governmental subdivision, unit, or district thereof. How to amend a tax return 2012 Whether a particular association meets the requirement of benefiting a community depends on the facts and circumstances of each case. How to amend a tax return 2012 Even if an area represented by an association is not a community, the association can still qualify for exemption if its activities benefit a community. How to amend a tax return 2012   The association should submit evidence that areas such as roadways and park land that it owns and maintains are open to the general public and not just its own members. How to amend a tax return 2012 It also must show that it does not engage in exterior maintenance of private homes. How to amend a tax return 2012   A homeowners' association that is not exempt under section 501(c)(4) and that is a condominium management association, a residential real estate management association, or a timeshare association generally can elect under the provisions of section 528 to receive certain tax benefits that, in effect, permit it to exclude its exempt function income from its gross income. How to amend a tax return 2012 Other organizations. How to amend a tax return 2012   Other nonprofit organizations that qualify as social welfare organizations include: An organization operating an airport that is on land owned by a local government, which supervises the airport's operation, and that serves the general public in an area with no other airport, A community association that works to improve public services, housing, and residential parking; publishes a free community newspaper; sponsors a community sports league, holiday programs, and meetings; and contracts with a private security service to patrol the community, A community association devoted to preserving the community's traditions, architecture, and appearance by representing it before the local legislature and administrative agencies in zoning, traffic, and parking matters, An organization that tries to encourage industrial development and relieve unemployment in an area by making loans to businesses so they will relocate to the area, and An organization that holds an annual festival of regional customs and traditions. How to amend a tax return 2012 501(c)(5) - Labor, Agricultural and Horticultural Organizations If you are a member of an organization that wants to obtain recognition of exemption from federal income tax as a labor, agricultural, or horticultural organization, you should submit an application on Form 1024. How to amend a tax return 2012 You must indicate in your application for exemption and accompanying statements that no part of the organization's net earnings will inure to the benefit of any member. How to amend a tax return 2012 In addition, you should follow the procedure for obtaining recognition of exempt status described in chapter 1. How to amend a tax return 2012 Submit any additional information that may be required, as described in this section. How to amend a tax return 2012 Tax treatment of donations. How to amend a tax return 2012   Contributions to labor, agricultural, and horticultural organizations are not deductible as charitable contributions on the donor's federal income tax return. How to amend a tax return 2012 However, such payments may be deductible as business expenses if they are ordinary and necessary in the conduct of the taxpayer's trade or business. How to amend a tax return 2012 For more information about certain limits affecting the deductibility of these business expenses, see Deduction not allowed for dues used for political or legislative activities , under 501(c)(6) - Business Leagues, etc. How to amend a tax return 2012 Labor Organizations A labor organization is an association of workers who have combined to protect and promote the interests of the members by bargaining collectively with their employers to secure better working conditions. How to amend a tax return 2012 To show that your organization has the purpose of a labor organization, you should include in the articles of organization or accompanying statements (submitted with your exemption application) information establishing that the organization is organized to better the conditions of workers, improve the grade of their products, and develop a higher degree of efficiency in their respective occupations. How to amend a tax return 2012 In addition, no net earnings of the organization can inure to the benefit of any member. How to amend a tax return 2012 Composition of membership. How to amend a tax return 2012   While a labor organization generally is composed of employees or representatives of the employees (in the form of collective bargaining agents) and similar employee groups, evidence that an organization's membership consists mainly of workers does not in itself indicate an exempt purpose. How to amend a tax return 2012 You must show in your application that your organization has the purposes described in the preceding paragraph. How to amend a tax return 2012 These purposes can be accomplished by a single labor organization acting alone or by several organizations acting together through a separate organization. How to amend a tax return 2012 Benefits to members. How to amend a tax return 2012   The payment by a labor organization of death, sick, accident, and similar benefits to its individual members with funds contributed by its members, if made under a plan to better the conditions of the members, does not preclude exemption as a labor organization. How to amend a tax return 2012 However, an organization does not qualify for exemption as a labor organization if it has no authority to represent members in job-related matters, even if it provides weekly income to its members in the event of a lawful strike by the members' union, in return for an annual payment by the member. How to amend a tax return 2012   For more information on labor organizations, see Life Cycle of a Labor Organization at IRS. How to amend a tax return 2012 gov. How to amend a tax return 2012 Agricultural and Horticultural Organizations Agricultural and horticultural organizations are connected with raising livestock, forestry, cultivating land, raising and harvesting crops or aquatic resources, cultivating useful or ornamental plants, and similar pursuits. How to amend a tax return 2012 For the purpose of these provisions, aquatic resources include only animal or vegetable life, but not mineral resources. How to amend a tax return 2012 The term harvesting, in this case, includes fishing and related pursuits. How to amend a tax return 2012 Agricultural organizations can be quasi-public in character and are often designed to encourage the development of better agricultural and horticultural products through a system of awards, using income from entry fees, gate receipts, and donations to meet the necessary expenses of upkeep and operation. How to amend a tax return 2012 When the activities are directed toward the improvement of marketing or other business conditions in one or more lines of business, rather than the improvement of production techniques or the betterment of the conditions of persons engaged in agriculture, the organization must qualify for exemption as a business league, board of trade, or other organization, as discussed next in the section on 501(c)(6) organizations. How to amend a tax return 2012 The primary purpose of exempt agricultural and horticultural organizations must be to better the conditions of those engaged in agriculture or horticulture, develop more efficiency in agriculture or horticulture, or improve the products. How to amend a tax return 2012 The following list contains some examples of activities that show an agricultural or horticultural purpose. How to amend a tax return 2012 Promoting various cooperative agricultural, horticultural, and civic activities among rural residents by a state, farm, or home bureau. How to amend a tax return 2012 Exhibiting livestock, farm products, and other characteristic features of agriculture and horticulture. How to amend a tax return 2012 Testing soil for members and nonmembers of the farm bureau on a cost basis, the results of the tests and other recommendations being furnished to the community members to educate them in soil treatment. How to amend a tax return 2012 Guarding the purity of a specific breed of livestock. How to amend a tax return 2012 Encouraging improvements in the production of fish on privately owned fish farms. How to amend a tax return 2012 Negotiating with processors for the price to be paid to members for their crops. How to amend a tax return 2012 For more information on agricultural or horticultural organizations, see Life Cycle of an Agricultural or Horticultural Organization at IRS. How to amend a tax return 2012 gov. How to amend a tax return 2012 501(c)(6) - Business Leagues, etc. How to amend a tax return 2012 If your association wants to apply for recognition of exemption from federal income tax as a nonprofit business league, chamber of commerce, real estate board, or board of trade, it should file Form 1024. How to amend a tax return 2012 For a discussion of the procedure to follow, see chapter 1. How to amend a tax return 2012 Your organization must indicate in its application form and attached statements that no part of its net earnings will inure to the benefit of any private shareholder or individual and that it is not organized for profit or organized to engage in an activity ordinarily carried on for profit (even if the business is operated on a cooperative basis or produces only sufficient income to be self-sustaining). How to amend a tax return 2012 In addition, your organization must be primarily engaged in activities or functions that are the basis for its exemption. How to amend a tax return 2012 It must be primarily supported by membership dues and other income from activities substantially related to its exempt purpose. How to amend a tax return 2012 A business league, in general, is an association of persons having some common business interest, the purpose of which is to promote that common interest and not to engage in a regular business of a kind ordinarily carried on for profit. How to amend a tax return 2012 Trade associations and professional associations are considered business leagues. How to amend a tax return 2012 Chamber of commerce. How to amend a tax return 2012   A chamber of commerce usually is composed of the merchants and traders of a city. How to amend a tax return 2012 Board of trade. How to amend a tax return 2012   A board of trade often consists of persons engaged in similar lines of business. How to amend a tax return 2012 For example, a nonprofit organization formed to regulate the sale of a specified agricultural commodity to assure equal treatment of producers, warehouse workers, and buyers is a board of trade. How to amend a tax return 2012   Chambers of commerce and boards of trade usually promote the common economic interests of all the commercial enterprises in a given trade community. How to amend a tax return 2012 Real estate board. How to amend a tax return 2012   A real estate board consists of members interested in improving the business conditions in the real estate field. How to amend a tax return 2012 It is not organized for profit and no part of the net earnings inures to the benefit of any private shareholder or individual. How to amend a tax return 2012 Professional football leagues. How to amend a tax return 2012   The Internal Revenue Code specifically defines professional football leagues as exempt organizations under section 501(c)(6). How to amend a tax return 2012 They are exempt whether or not they administer a pension fund for football players. How to amend a tax return 2012 General purpose. How to amend a tax return 2012   You must indicate in the material submitted with your application that your organization will be devoted to the improvement of business conditions of one or more lines of business as distinguished from the performance of particular services for individual persons. How to amend a tax return 2012 It must be shown that the conditions of a particular trade or the interests of the community will be advanced. How to amend a tax return 2012 Merely indicating the name of the organization or the object of the local statute under which it is created is not enough to demonstrate the required general purpose. How to amend a tax return 2012 Line of business. How to amend a tax return 2012   This term generally refers either to an entire industry or to all components of an industry within a geographic area. How to amend a tax return 2012 It does not include a group composed of businesses that market a particular brand within an industry. How to amend a tax return 2012 Common business interest. How to amend a tax return 2012   A common business interest of all members of the organization must be established by the application documents. How to amend a tax return 2012 Examples. How to amend a tax return 2012   Activities that would tend to illustrate a common business interest are: Promotion of higher business standards and better business methods and encouragement of uniformity and cooperation by a retail merchants association, Education of the public in the use of credit, Establishment of uniform casualty rates and compilation of statistical information by an insurance rating bureau operated by casualty insurance companies, Establishment and maintenance of the integrity of a local commercial market, Operation of a trade publication primarily intended to benefit an entire industry, and Encouragement of the use of goods and services of an entire industry (such as a lawyer referral service whose main purpose is to introduce individuals to the use of the legal profession in the hope that they will enter into lawyer-client relationships on a paying basis as a result). How to amend a tax return 2012 Improvement of business conditions. How to amend a tax return 2012   Generally, this must be shown to be the purpose of the organization. How to amend a tax return 2012 This is not established by evidence of particular services that provide a convenience or economy to individual members in their businesses, such as advertising that carries the name of members, interest-free loans, assigning exclusive franchise areas, operation of a real estate multiple listing system, or operation of a credit reporting agency. How to amend a tax return 2012 Stock or commodity exchange. How to amend a tax return 2012   A stock or commodity exchange is not a business league, chamber of commerce, real estate board, or board of trade and is not exempt under section 501(c)(6). How to amend a tax return 2012 Legislative activity. How to amend a tax return 2012   An organization that is exempt under section 501(c)(6) can work for the enactment of laws to advance the common business interests of the organization's members. How to amend a tax return 2012 Deduction not allowed for dues used for political or legislative activities. How to amend a tax return 2012   A taxpayer cannot deduct the part of dues or other payments to a business league, trade association, labor union, or similar organization that is reported to the taxpayer by the organization as having been used for any of the following activities. How to amend a tax return 2012 Influencing legislation. How to amend a tax return 2012 Participating or intervening in a political campaign for, or against, any candidate for public office. How to amend a tax return 2012 Trying to influence the general public, or part of the general public, with respect to elections, legislative matters, or referendums (also known as grass roots lobbying). How to amend a tax return 2012 Communicating directly with certain executive branch officials to try to influence their official actions or positions. How to amend a tax return 2012 See Dues Used for Lobbying or Political Activities under Required Disclosures in chapter 2 for more information. How to amend a tax return 2012 Exception for local legislation. How to amend a tax return 2012   Members can deduct dues (or assessments) to an organization that are for expenses of: Appearing before, submitting statements to, or sending communications to members of a local council or similar governing body with respect to legislation or proposed legislation of direct interest to the member, or Communicating information between the member and the organization with respect to local legislation or proposed legislation of direct interest to the organization or the member. How to amend a tax return 2012 Legislation or proposed legislation is of direct interest to a taxpayer if it will, or can reasonably be expected to, affect the taxpayer's trade or business. How to amend a tax return 2012 De minimis exception. How to amend a tax return 2012   In-house expenditures of $2,000 or less for the year for activities (1) – (4) listed earlier will not prevent a deduction for dues if the dues meet all other tests to be deductible as a business expense. How to amend a tax return 2012 Grass roots lobbying. How to amend a tax return 2012   A tax-exempt trade association, labor union, or similar organization is considered to be engaging in grass roots lobbying if it contacts prospective members or calls upon its own members to contact their employees and customers for the purpose of urging such persons to communicate with their elected state or Congressional representatives to support the promotion, defeat, or repeal of legislation that is of direct interest to the organization. How to amend a tax return 2012 Any dues or assessments directly related to such activities are not deductible by the taxpayer, since the individuals being contacted, who are not members of the organization, are a segment of the general public. How to amend a tax return 2012 Tax treatment of donations. How to amend a tax return 2012   Contributions to organizations described in this section are not deductible as charitable contributions on the donor's federal income tax return. How to amend a tax return 2012 They may be deductible as trade or business expenses if ordinary and necessary in the conduct of the taxpayer's business. How to amend a tax return 2012   For more information on business leagues, see Life Cycle of a Business League (Trade Association) on IRS. How to amend a tax return 2012 gov. How to amend a tax return 2012 501(c)(7) - Social and Recreation Clubs If your club is organized for pleasure, recreation, and other similar nonprofitable purposes and substantially all of its activities are for these purposes, it should file Form 1024 to apply for recognition of exemption from federal income tax. How to amend a tax return 2012 In applying for recognition of exemption, you should submit the information described in this section. How to amend a tax return 2012 Also see chapter 1 for the procedures to follow. How to amend a tax return 2012 Typical organizations that should file for recognition of exemption as social clubs include: College alumni associations that are not described in chapter 3 under Alumni association , College fraternities or sororities operating chapter houses for students, Country clubs, Amateur hunting, fishing, tennis, swimming, and other sport clubs, Dinner clubs that provide a meeting place, library, and dining room for members, Hobby clubs, Garden clubs, and Variety clubs. How to amend a tax return 2012 Discrimination prohibited. How to amend a tax return 2012   Your organization will not be recognized as tax exempt if its charter, bylaws, or other governing instrument, or any written policy statement provides for discrimination against any person on the basis of race, color, or religion. How to amend a tax return 2012   However, a club that in good faith limits its membership to the members of a particular religion to further the teachings or principles of that religion and not to exclude individuals of a particular race or color will not be considered as discriminating on the basis of religion. How to amend a tax return 2012 Also, the restriction on religious discrimination does not apply to a club that is an auxiliary of a fraternal beneficiary society (discussed later) if that society is described in section 501(c)(8) and exempt from tax under section 501(a) and limits its membership to the members of a particular religion. How to amend a tax return 2012 Private benefit prohibited. How to amend a tax return 2012   No part of the organization's net earnings can inure to the benefit of any person having a personal and private interest in the activities of the organization. How to amend a tax return 2012 For purposes of this requirement, it is not necessary that net earnings be actually distributed. How to amend a tax return 2012 Even undistributed earnings can benefit members. How to amend a tax return 2012 Examples of this include a decrease in membership dues or an increase in the services the club provides to its members without a corresponding increase in dues or other fees paid for club support. How to amend a tax return 2012 However, fixed-fee payments to members who bring new members into the club are not an inurement of the club's net earnings, if the payments are reasonable compensation for performance of a necessary administrative service. How to amend a tax return 2012 Purposes. How to amend a tax return 2012   To show that your organization possesses the characteristics of a club within the meaning of the exemption law, you should submit evidence with your application that personal contact, commingling, and fellowship exist among members. How to amend a tax return 2012 You must show that members are bound together by a common objective of pleasure, recreation, and other nonprofitable purposes. How to amend a tax return 2012   Fellowship need not be present between each member and every other member of a club if it is a material part in the life of the organization. How to amend a tax return 2012 A statewide or nationwide organization that is made up of individual members, but is divided into local groups, satisfies this requirement if fellowship is a material part of the life of each local group. How to amend a tax return 2012   The term other nonprofitable purposes means other purposes similar to pleasure and recreation. How to amend a tax return 2012 For example, a club that, in addition to its social activities, has a plan for the payment of sick and death benefits is not operating exclusively for pleasure, recreation, and other nonprofitable purposes. How to amend a tax return 2012 Limited membership. How to amend a tax return 2012   The membership in a social club must be limited. How to amend a tax return 2012 To show that your organization has a purpose that would characterize it as a club, you should submit evidence with your application that there are limits on admission to membership consistent with the character of the club. How to amend a tax return 2012   A social club that issues corporate membership is dealing with the general public in the form of the corporation's employees. How to amend a tax return 2012 Corporate members of a club are not the kind of members contemplated by the law. How to amend a tax return 2012 Gross receipts from these members would be a factor in determining whether the club qualifies as a social club. How to amend a tax return 2012 See Gross receipts from nonmembership sources , later. How to amend a tax return 2012 Bona fide individual memberships paid for by a corporation would not have an effect on the gross receipts source. How to amend a tax return 2012   The fact that a social club may have an associate (nonvoting) class of membership will not be, in and of itself, a cause for nonrecognition of exemption. How to amend a tax return 2012 However, if one membership class pays substantially lower dues and fees than another membership class, although both classes enjoy the same rights and privileges in using the club facilities, there may be an inurement of income to the benefited class, resulting in a denial of the club's exemption. How to amend a tax return 2012 Support. How to amend a tax return 2012   In general, your club should be supported solely by membership fees, dues, and assessments. How to amend a tax return 2012 However, if otherwise entitled to exemption, your club will not be disqualified because it raises revenue from members through the use of club facilities or in connection with club activities. How to amend a tax return 2012 Business activities. How to amend a tax return 2012   If your club will engage in business, such as selling real estate, timber, or other products or services, it generally will be denied exemption. How to amend a tax return 2012 However, evidence submitted with your application form that your organization will provide meals, refreshments, or services related to its exempt purposes only to its own members or their dependents or guests will not cause denial of exemption. How to amend a tax return 2012 Facilities open to public. How to amend a tax return 2012   Evidence that your club's facilities will be open to the general public (persons other than members or their dependents or guests) may cause denial of exemption. How to amend a tax return 2012 This does not mean, however, that any dealing with outsiders will automatically deprive a club of exemption. How to amend a tax return 2012 Gross receipts from nonmembership sources. How to amend a tax return 2012   A section 501(c)(7) organization can receive up to 35% of its gross receipts, including investment income, from sources outside of its membership without losing its tax-exempt status. How to amend a tax return 2012 Income from nontraditional business activity with members is not exempt function income, and thus is included as income from sources outside of the membership. How to amend a tax return 2012 Of the 35% gross receipts listed above, up to 15% of the gross receipts can be derived from the use of the club's facilities or services by the general public. How to amend a tax return 2012 If an organization has outside income that is more than these limits, all the facts and circumstances will be taken into account in determining whether the organization qualifies for exempt status. How to amend a tax return 2012 Gross receipts. How to amend a tax return 2012   Gross receipts, for this purpose, are receipts from the normal and usual (traditionally conducted) activities of the club. How to amend a tax return 2012 These receipts include charges, admissions, membership fees, dues, assessments, investment income, and normal recurring capital gains on investments. How to amend a tax return 2012 Receipts do not include initiation fees and capital contributions. How to amend a tax return 2012 Unusual amounts of income, such as from the sale of a clubhouse or similar facility, are not included in gross receipts or in figuring the percentage limits. How to amend a tax return 2012 Nontraditional activities. How to amend a tax return 2012   Activities conducted by a social club need to further its exempt purposes. How to amend a tax return 2012 Traditional business activities are those that further a social club's exempt purposes. How to amend a tax return 2012 Nontraditional business activities do not further the exempt purposes of a social club even if conducted solely on a membership basis. How to amend a tax return 2012 Nontraditional business activities are prohibited (subject to an insubstantial, trivial, and nonrecurrent test) for businesses conducted with both members and nonmembers. How to amend a tax return 2012 Examples of nontraditional business activities include sale of package liquor, take-out food, and long-term room rental. How to amend a tax return 2012 Fraternity foundations. How to amend a tax return 2012   If your organization is a foundation formed for the exclusive purpose of acquiring and leasing a chapter house to a local fraternity chapter or sorority chapter maintained at an educational institution and does not engage in any social or recreational activities, it may be a title holding corporation (discussed later under section 501(c)(2) organizations and under section 501(c)(25) organizations) rather than a social club. How to amend a tax return 2012 Tax treatment of donations. How to amend a tax return 2012   Donations to exempt social and recreation clubs are not deductible as charitable contributions on the donor's federal income tax return. How to amend a tax return 2012 501(c)(8) and 501(c)(10) - Fraternal Beneficiary Societies and Domestic Fraternal Societies This section describes the information to be provided upon application for recognition of exemption by two types of fraternal societies: beneficiary and domestic. How to amend a tax return 2012 The major distinction is that fraternal beneficiary societies provide for the payment of life, sick, accident, or other benefits to their members or their dependents, while domestic fraternal societies do not provide these benefits but rather devote their earnings to fraternal, religious, charitable, etc. How to amend a tax return 2012 , purposes. How to amend a tax return 2012 The procedures to follow in applying for recognition of exemption are described in chapter 1. How to amend a tax return 2012 If your organization is controlled by a central organization, you should check with your controlling organization to determine whether your unit has been included in a group exemption letter or can be added. How to amend a tax return 2012 If so, your organization need not apply for individual recognition of exemption. How to amend a tax return 2012 For more information, see Group Exemption Letter in chapter 1 of this publication. How to amend a tax return 2012 Tax treatment of donations. How to amend a tax return 2012   Donations by an individual to a domestic fraternal beneficiary society or a domestic fraternal society operating under the lodge system are deductible as charitable contributions only if used exclusively for religious, charitable, scientific, literary, or educational purposes or for the prevention of cruelty to children or animals. How to amend a tax return 2012 Fraternal Beneficiary Societies (501(c)(8)) A fraternal beneficiary society, order, or association must file an application for recognition of exemption from federal income tax on Form 1024. How to amend a tax return 2012 The application and accompanying statements should establish that the organization: Is a fraternal organization, Operates under the lodge system or for the exclusive benefit of the members of a fraternal organization itself operating under the lodge system, and Provides for the payment of life, sick, accident, or other benefits to the members of the society, order, or association or their dependents. How to amend a tax return 2012 Lodge system. How to amend a tax return 2012   Operating under the lodge system means carrying on activities under a form of organization that comprises local branches, chartered by a parent organization and largely self-governing, called lodges, chapters, or the like. How to amend a tax return 2012 Payment of benefits. How to amend a tax return 2012   It is not essential that every member be covered by the society's program of sick, accident, or death benefits. How to amend a tax return 2012 An organization can qualify for exemption if most of its members are eligible for benefits, and the benefits are paid from contributions or dues paid by those members. How to amend a tax return 2012   The benefits must be limited to members and their dependents. How to amend a tax return 2012 If members will have the ability to confer benefits to other than themselves and their dependents, exemption will not be recognized. How to amend a tax return 2012 Whole-life insurance. How to amend a tax return 2012   Whole-life insurance constitutes a life benefit under section 501(c)(8) even though the policy may contain investment features such as a cash surrender value or a policy loan. How to amend a tax return 2012 Reinsurance pool. How to amend a tax return 2012   Payments by a fraternal beneficiary society into a state-sponsored reinsurance pool that protects participating insurers against excessive losses on major medical health and accident insurance will not preclude exemption as a fraternal beneficiary society. How to amend a tax return 2012 Domestic Fraternal Societies (501(c)(10)) A domestic fraternal society, order, or association must file an application for recognition of exemption from federal income tax on Form 1024. How to amend a tax return 2012 The application and accompanying statements should establish that the organization: Is a domestic fraternal organization organized in the U. How to amend a tax return 2012 S. How to amend a tax return 2012 , Operates under the lodge system, Devotes its net earnings exclusively to religious, charitable, scientific, literary, educational, and fraternal purposes, and Does not provide for the payment of life, sick, accident, or other benefits to its members. How to amend a tax return 2012 The organization can arrange with insurance companies to provide optional insurance to its members without jeopardizing its exempt status. How to amend a tax return 2012 501(c)(4), 501(c)(9), and 501(c)(17) - Employees' Associations This section describes the information to be provided upon application for recognition of exemption by the following types of employees' associations: A voluntary employees' beneficiary association (including federal employees' associations) organized to pay life, sick, accident, and similar benefits to members or their dependents, or designated beneficiaries, if no part of the net earnings of the association inures to the benefit of any private shareholder or individual, and A supplemental unemployment benefit trust whose primary purpose is providing for payment of supplemental unemployment benefits. How to amend a tax return 2012 Both the application form to file and the information to provide are discussed later under the section that describes your employee association. How to amend a tax return 2012 Chapter 1 describes the procedures to follow in applying for exemption. How to amend a tax return 2012 Tax treatment of donations. How to amend a tax return 2012   Donations to these organizations are not deductible as charitable contributions on the donor's federal income tax return. How to amend a tax return 2012 Local Employees' Associations (501(c)(4)) A local association of employees whose membership is limited to employees of a designated person or persons in a particular municipality, and whose income will be devoted exclusively to charitable, educational, or recreational purposes. How to amend a tax return 2012 A local employees' association must apply for recognition of exemption by filing Form 1024. How to amend a tax return 2012 The organization must submit evidence that: It is of a purely local character, Its membership is limited to employees of a designated person or persons in a particular locality, and Its net earnings will be devoted exclusively to charitable, educational, or recreational purposes. How to amend a tax return 2012 A local association of employees that has established a system of paying retirement or death benefits, or both, to its members will not qualify for exemption since the payment of these benefits is not considered as being for charitable, educational, or recreational purposes. How to amend a tax return 2012 Similarly, a local association of employees that is operated primarily as a cooperative buying service for its members in order to obtain discount prices on merchandise, services, and activities does not qualify for exemption. How to amend a tax return 2012 Voluntary Employees' Beneficiary Associations (501(c)(9)) An application for recognition of exemption as a voluntary employees' beneficiary association must be filed on Form 1024. How to amend a tax return 2012 The material submitted with the application must show that your organization: Is a voluntary association of employees, Will provide for payment of life, sick, accident, or other benefits to members or their dependents or designated beneficiaries and substantially all of its operations are for this purpose, and Will not allow any of its net earnings to inure to the benefit of any private individual or shareholder except in the form of scheduled benefit payments. How to amend a tax return 2012 To be complete, an application must include a copy of the document (such as the trust instrument) by which the organization was created; a full description of the benefits available to participants and the terms and conditions of eligibility for benefits (usually contained in a plan document); and, if providing benefits pursuant to a collective bargaining agreement, a copy of that agreement. How to amend a tax return 2012 Note. How to amend a tax return 2012 Under section 4976, the reversion of funds from a section 501(c)(9) organization to the employer who created the beneficiary association may subject the employer to a 100% penalty excise tax on the amount of the reversion. How to amend a tax return 2012 Notice requirement. How to amend a tax return 2012   An organization will not be considered tax exempt under this section unless the organization gives notice to the IRS that it is applying for recognition of exempt status. How to amend a tax return 2012 The organization gives notice by filing Form 1024. How to amend a tax return 2012 If the notice is not given by 15 months after the end of the month in which the organization was created, the organization will not be exempt for any period before notice is given. How to amend a tax return 2012 An extension of time for filing the notice can be granted under the same procedures as those described for section 501(c)(3) organizations in chapter 3 under Application for Recognition of Exemption . How to amend a tax return 2012 Membership. How to amend a tax return 2012   Membership of a section 501(c)(9) organization must consist of individuals who are employees and have an employment-related common bond. How to amend a tax return 2012 This common bond can be a common employer (or affiliated employers), coverage under one or more collective bargaining agreements, membership in a labor union, or membership in one or more locals of a national or international labor union. How to amend a tax return 2012   The membership of an association can include some individuals who are not employees, provided they have an employment-related bond with the employee-members. How to amend a tax return 2012 For example, the owner of a business whose employees are members of the association can be a member. How to amend a tax return 2012 An association will be considered composed of employees if 90% of its total membership on one day of each quarter of its tax year consists of employees. How to amend a tax return 2012 Employees. How to amend a tax return 2012   Employees include individuals who became entitled to membership because they are or were employees. How to amend a tax return 2012 For example, an individual will qualify as an employee even though the individual is on a leave of absence or has been terminated due to retirement, disability, or layoff. How to amend a tax return 2012   Generally, membership is voluntary if an affirmative act is required on the part of an employee to become a member. How to amend a tax return 2012 Conversely, membership is involuntary if the designation as a member is due to employee status. How to amend a tax return 2012 However, an association will be considered voluntary if employees are required to be members of the organization as a condition of their employment and they do not incur a detriment (such as a payroll deduction) as a result of their membership. How to amend a tax return 2012 An employer has not imposed involuntary membership on the employee if membership is required as the result of a collective bargaining agreement or as an incident of membership in a labor organization. How to amend a tax return 2012 Payment of benefits. How to amend a tax return 2012   The information submitted with your application must show that your organization will pay life, sick, accident, supplemental unemployment, or other similar benefits. How to amend a tax return 2012 The benefits can be provided directly by your association or indirectly by your association through the payments of premiums to an insurance company (or fees to a medical clinic). How to amend a tax return 2012 Benefits can be in the form of medical, clinical, or hospital services, transportation furnished for medical care, or money payments. How to amend a tax return 2012 Nondiscrimination requirements. How to amend a tax return 2012   An organization that is part of a plan will not be exempt unless the plan meets certain nondiscrimination requirements. How to amend a tax return 2012 However, if the organization is part of a plan that is a collective bargaining agreement that was the subject of good faith bargaining between employee organizations and employers, the plan need not meet these requirements for the organization to qualify as tax exempt. How to amend a tax return 2012   A plan meets the nondiscrimination requirements only if both of the following statements are true. How to amend a tax return 2012 Each class of benefits under the plan is provided under a classification of employees that is set forth in the plan and does not discriminate in favor of employees who are highly compensated individuals. How to amend a tax return 2012 The benefits provided under each class of benefits do not discriminate in favor of highly compensated individuals. How to amend a tax return 2012 A life insurance, disability, severance pay, or supplemental unemployment compensation benefit does not discriminate in favor of highly compensated individuals merely because the benefits available bear a uniform relationship to the total compensation, or the basic or regular rate of compensation, of employees covered by the plan. How to amend a tax return 2012   For purposes of determining whether a plan meets the nondiscrimination requirements, the employer can elect to exclude all disability or severance payments payable to individuals who are in pay status as of January 1, 1985. How to amend a tax return 2012 This will not apply to any increase in such payment by any plan amendment adopted after June 22, 1984. How to amend a tax return 2012   If a plan provides a benefit for which there is a nondiscrimination provision provided under Chapter 1 of the Internal Revenue Code as a condition of that benefit being excluded from gross income, these nondiscrimination requirements do not apply. How to amend a tax return 2012 The benefit will be considered nondiscriminatory only if it meets the nondiscrimination provision of the applicable Code section. How to amend a tax return 2012 For example, benefits provided under a medical reimbursement plan would meet the nondiscrimination requirements for an association, if the benefits meet the nondiscrimination requirements of section 105(h)(3) and 105(h)(4). How to amend a tax return 2012 Excluded employees. How to amend a tax return 2012   Certain employees who are not covered by a plan can be excluded from consideration in applying these requirements. How to amend a tax return 2012 These include employees: Who have not completed 3 years of service, Who have not attained age 21, Who are seasonal or less than half-time employees, Who are not in the plan and who are included in a unit of employees covered by a collective bargaining agreement if the class of benefits involved was the subject of good faith bargaining, or Who are nonresident aliens and who receive no earned income from the employer that has United States source income. How to amend a tax return 2012 Highly compensated individual. How to amend a tax return 2012   A highly compensated individual is one who: Owned 5 percent or more of the employer at any time during the current year or the preceding year, Received more than $115,000 in compensation from the employer for the preceding year (the amount is annualized for inflation. How to amend a tax return 2012 Go to IRS. How to amend a tax return 2012 gov, and search “Pension Plan Limitation” for the year), and Was among the top 20% of employees by compensation for the preceding year. How to amend a tax return 2012 However, the employer can choose not to have (3) apply. How to amend a tax return 2012 Aggregation rules. How to amend a tax return 2012   The employer can choose to treat two or more plans as one plan for purposes of meeting the nondiscrimination requirements. How to amend a tax return 2012 Employees of controlled groups of corporations, trades, or businesses under common control, or members of an affiliated service group, are treated as employees of a single employer. How to amend a tax return 2012 Leased employees are treated as employees of the recipient. How to amend a tax return 2012 One employee. How to amend a tax return 2012   A trust created to provide benefits to one employee will not qualify as a voluntary employees' beneficiary association under section 501(c)(9). How to amend a tax return 2012 Supplemental Unemployment Benefit Trusts (501(c)(17)) A trust or trusts forming part of a written plan (established and maintained by an employer, his or her employees, or both) providing solely for the payment of supplemental unemployment compensation benefits must file the application for recognition of exemption on Form 1024. How to amend a tax return 2012 The trust must be a valid, existing trust under local law and must be evidenced by an executed document. How to amend a tax return 2012 A conformed copy of the plan of which the trust is a part should be attached to the application. How to amend a tax return 2012 To be complete, an application must include a copy of the document (such as the trust instrument) by which the organization was created; a full description of the benefits available to participants and the terms and conditions of eligibility for benefits (usually contained in a plan document); and, if providing benefits pursuant to a collective bargaining agreement, a copy of that agreement. How to amend a tax return 2012 Note. How to amend a tax return 2012 Under section 4976, the reversion of funds from a section 501(c)(17) organization to the employer who created the supplemental unemployment benefit trust may subject the employer to a 100% penalty excise tax on the amount of the reversion. How to amend a tax return 2012 Notice requirement. How to amend a tax return 2012   An organization will not be considered tax exempt under this section unless the organization gives notice to the IRS that it is applying for recognition of exempt status. How to amend a tax return 2012 The organization gives notice by filing Form 1024. How to amend a tax return 2012 If the notice is not given by 15 months after the end of the month in which the organization was created, the organization will not be exempt for any period before such notice is given. How to amend a tax return 2012 An extension of time for filing the notice is granted under the same procedures as those described for section 501(c)(3) organizations in chapter 3 under Application for Recognition of Exemption . How to amend a tax return 2012 Types of payments. How to amend a tax return 2012   You must show that the supplemental unemployment compensation benefits will be benefits paid to an employee because of the employee's involuntary separation from employment (whether or not the separation is temporary) resulting directly from a reduction-in-force, discontinuance of a plant or operation, or other similar conditions. How to amend a tax return 2012 In addition, sickness and accident benefits (but not vacation, retirement, or death benefits) may be included in the plan if these are subordinate to the unemployment compensation benefits. How to amend a tax return 2012 Diversion of funds. How to amend a tax return 2012   It must be impossible under the plan (at any time before the satisfaction of all liabilities with respect to employees under the plan) to use or to divert any of the corpus or income of the trust to any purpose other than the payment of supplemental unemployment compensation benefits (or sickness or accident benefits to the extent just explained). How to amend a tax return 2012 Discrimination in benefits. How to amend a tax return 2012   Neither the terms of the plan nor the actual payment of benefits can be discriminatory in favor of the company's officers, stockholders, supervisors, or highly paid employees. How to amend a tax return 2012 However, a plan is not discriminatory merely because benefits bear a uniform relationship to compensation or the rate of compensation. How to amend a tax return 2012 Prohibited transactions and exemption. How to amend a tax return 2012   If your organization is a supplemental unemployment benefit trust and has received a denial of exemption because it engaged in a prohibited transaction, as defined by section 503(b), it can file a claim for exemption in any tax year following the tax year in which the notice of denial was issued. How to amend a tax return 2012 It must file the claim on Form 1024. How to amend a tax return 2012 The organization must include a written declaration that it will not knowingly again engage in a prohibited transaction. How to amend a tax return 2012 An authorized principal officer of your organization must make this declaration under the penalties of perjury. How to amend a tax return 2012   If your organization has satisfied all requirements as a supplemental unemployment benefit trust described in section 501(c)(17), it will be notified in writing that it has been recognized as exempt. How to amend a tax return 2012 However, the organization will be exempt only for those tax years after the tax year in which the claim for exemption (Form 1024) is filed. How to amend a tax return 2012 Tax year in this case means the established annual accounting period of the organization or, if the organization has not established an annual accounting period, the calendar year. How to amend a tax return 2012 For more information about the requirements for reestablishing an exemption previously denied, contact the IRS. How to amend a tax return 2012 501(c)(12) - Local Benevolent Life Insurance Associations, Mutual Irrigation and Telephone Companies, and Like Organizations Each of the following organizations apply for recognition of exemption from federal income tax by filing Form 1024. How to amend a tax return 2012 Benevolent life insurance associations of a purely local character and like organizations. How to amend a tax return 2012 Mutual ditch or irrigation companies and like organizations. How to amend a tax return 2012 Mutual or cooperative telephone companies and like organizations. How to amend a tax return 2012 A like organization is an organization that performs a service comparable to that performed by any one of the above organizations. How to amend a tax return 2012 The information to be provided upon application by each of these organizations is described in this section. How to amend a tax return 2012 For information as to the procedures to follow in applying for exemption, see chapter 1. How to amend a tax return 2012 General requirements. How to amend a tax return 2012   These organizations must use their income solely to cover losses and expenses, with any excess being returned to members or retained to cover future losses and expenses. How to amend a tax return 2012 They must collect at least 85% of their income from members for the sole purpose of meeting losses and expenses. How to amend a tax return 2012 Mutual character. How to amend a tax return 2012   These organizations, other than benevolent life insurance associations, must be organized and operated on a mutual or cooperative basis. How to amend a tax return 2012 They are associations of persons or organizations, or both, banded together to provide themselves a mutually desirable service approximately at cost and on a mutual basis. How to amend a tax return 2012 To maintain the mutual characteristic of democratic ownership and control, they must be so organized and operated that their members have the right to choose the management, to receive services at cost, to receive a return of any excess of payments over losses and expenses, and to share in any assets upon dissolution. How to amend a tax return 2012   The rights and interests of members in the annual savings of the organization must be determined in proportion to their business with the organization. How to amend a tax return 2012 Upon dissolution, gains from the sale of appreciated assets must be distributed to all persons who were members during the period the assets were owned by the organization in proportion to the amount of business done during that period. How to amend a tax return 2012 The bylaws must not provide for forfeiture of a member's rights and interest upon withdrawal or termination. How to amend a tax return 2012 Membership. How to amend a tax return 2012   Membership of a mutual organization consists of those who join the organization to obtain its services, and have a voice in its management. How to amend a tax return 2012 In a stock company, the stockholders are members. How to amend a tax return 2012 However, a mutual life insurance organization cannot have policyholders other than its members. How to amend a tax return 2012 Losses and expenses. How to amend a tax return 2012   In furnishing services substantially at cost, an organization must use its income solely for paying losses and expenses. How to amend a tax return 2012 Any excess income not retained in reasonable reserves for future losses and expenses belongs to members in proportion to their patronage or business done with the organization. How to amend a tax return 2012 If such patronage refunds are retained in reasonable amounts for purposes of expanding and improving facilities, retiring capital indebtedness, acquiring other assets, and unexpected expenses, the organization must maintain records sufficient to reflect the equity of each member in the assets acquired with the funds. How to amend a tax return 2012 Distributions of proceeds. How to amend a tax return 2012   The cooperative may distribute the unexpended balance of collections or assessments remaining on hand at the end of the year to members or patrons prorated on the basis of their patronage or business done with the cooperative. How to amend a tax return 2012 Such distribution represents a refund in the costs of services rendered to the member. How to amend a tax return 2012 The 85% Requirement All of the organizations listed above must submit evidence with their application that they receive 85% or more of their gross income from their members for the sole purpose of meeting losses and expenses. How to amend a tax return 2012 Nevertheless, certain items of income are excluded from the computation of the 85% requirement if the organization is a mutual or cooperative telephone or electric company. How to amend a tax return 2012 Mutual or cooperative telephone company. How to amend a tax return 2012   A mutual or cooperative telephone company will exclude from the computation of the 85% requirement any income received or accrued from: A nonmember telephone company for the performance of communication services involving the completion of long distance calls to, from, or between members of the mutual or cooperative telephone company, Qualified pole rentals, The sale of display listings in a directory furnished to its members, or The prepayment of a loan created in 1987, 1988, or 1989, under section 306A, 306B, or 311 of the Rural Electrification Act of 1936. How to amend a tax return 2012 Mutual or cooperative electric company. How to amend a tax return 2012   A mutual or cooperative electric company will exclude from the computation of the 85% requirement any income received or accrued from: Qualified pole rentals, Any provision or sale of electric energy transmission services or ancillary service if the services are provided on a nondiscriminatory open access basis under an open access transmission tariff approved or accepted by the Federal Energy Regulatory Commission (FERC) or under an independent transmission provider agreement approved or accepted by FERC (other than income received or accrued directly or indirectly from a member), The provision or sale of electric energy distribution services or ancillary services if the services are provided on a nondiscriminatory open-access basis to distribute electric energy not owned by the mutual or electric cooperative company: To end-users who are served by distribution facilities not owned by the company or any of its members (other than income received or accrued directly or indirectly from a member), or Generated by a generation facility not owned or leased by the company or any of its members and which is directly connected to distribution facilities owned by the company or any of its members (other than income received or accrued directly or indirectly from a member), Any nuclear decommissioning transaction, or Any asset exchange or conversion transaction. How to amend a tax return 2012   An electric cooperative's sale of excess fuel at cost in the year of purchase is not income for purposes of determining compliance with the 85% requirement. How to amend a tax return 2012 Qualified pole rental. How to amend a tax return 2012   The term qualified pole rental means any rental of a pole (or other structure used to support wires) if the pole (or other structure) is used: By the telephone or electric company to support one or more wires that are used by the company in providing telephone or electric services to its members, and Pursuant to the rental to support one or more wires (in addition to wires described in (1)) for use in connection with the transmission by wire of electricity or of telephone or other communications. How to amend a tax return 2012   The term rental, for this purpose, includes any sale of the right to use the pole (or other structure). How to amend a tax return 2012 The 85% requirement is applied on the basis of an annual accounting period. How to amend a tax return 2012 Failure of an organization to meet the requirement in a particular year precludes exemption for that year, but has no effect upon exemption for years in which the 85% requirement is met. How to amend a tax return 2012 Gain from the sale or conversion of the organization's property is not considered an amount received from members in determining whether the organization's income consists of amounts collected from members. How to amend a tax return 2012 Because the 85% income test is based on gross income, capital losses cannot be used to reduce capital gains for purposes of this test. How to amend a tax return 2012 Example. How to amend a tax return 2012   The books of an organization reflect the following for the calendar year. How to amend a tax return 2012 Collections from members $2,400 Short-term capital gains 600 Short-term capital losses 400 Other income None Gross income ($2,400 + $600 =$3000) 100% Collected from members ($2,400) 80%   Since amounts collected from members do not constitute at least 85% of gross income, the organization is not entitled to exemption from federal income tax for the year. How to amend a tax return 2012   Voluntary contributions in the nature of gifts are not taken into account for purposes of the 85% computation. How to amend a tax return 2012   Other tax-exempt income besides gifts is considered as income received from other than members in applying the 85% test. How to amend a tax return 2012   If the 85% test is not met, your organization, if classifiable under this section, will not qualify for exemption as any other type of organization described in this publication. How to amend a tax return 2012 Tax treatment of donations. How to amend a tax return 2012   Donations to an organization described in this section are not deductible as charitable contributions on the donor's federal income tax return. How to amend a tax return 2012 Local Life Insurance Associations A benevolent life insurance association or an organization seeking recognition of exemption on grounds of similarity to a benevolent life insurance association must submit evidence upon applying for recognition of exemption that it will be of a purely local character, that its excess funds will be refunded to members or retained in reasonable reserves to meet future losses and expenses, and that it meets the 85% income requirement. How to amend a tax return 2012 If an organization issues policies for stipulated cash premiums, or if it requires advance deposits to cover the cost of the insurance and maintains investments from which more than 15% of its income is derived, it will not be entitled to exemption. How to amend a tax return 2012 To establish that your organization is of a purely local character, it should show that its activities will be confined to a particular community, place, or district irrespective of political subdivisions. How to amend a tax return 2012 If the activities of an organization are limited only by the borders of a state, it cannot be purely local in character. How to amend a tax return 2012 A benevolent life insurance association that does not terminate membership when a member moves from the local area in which the association operates will qualify for exemption if it meets the other requirements. How to amend a tax return 2012 A copy of each type of policy issued by your organization should be included with the application for recognition of exemption. How to amend a tax return 2012 Organizations similar to local benevolent life insurance companies. How to amend a tax return 2012   These organizations include those that in addition to paying death benefits also provide for the payment of sick, accident, or health benefits. How to amend a tax return 2012 However, an organization that pays only sick, accident, or health benefits, but not life insurance benefits, is not an organization similar to a benevolent life insurance association and should not apply for recognition of exemption as described in this section. How to amend a tax return 2012 Burial and funeral benefit insurance organization. How to amend a tax return 2012   This type of organization can apply for recognition of exemption as an organization similar to a benevolent life insurance company if it establishes that the benefits are paid in cash and if it is not engaged directly in the manufacture of funeral supplies or the performance of funeral services. How to amend a tax return 2012 An organization that provides its benefits in the form of supplies and service is not a life insurance company. How to amend a tax return 2012 Such an organization can seek recognition of exemption from federal income tax, however, as a mutual insurance company other than life. How to amend a tax return 2012 Mutual or Cooperative Associations Mutual ditch or irrigation companies, mutual or cooperative telephone companies, and like organizations need not establish that they are of a purely local character. How to amend a tax return 2012 They can serve noncontiguous areas. How to amend a tax return 2012 Like organization. How to amend a tax return 2012   A like organization is a cooperative or mutual organization that performs a service similar to mutual ditch, irrigation, telephone, or electric companies. How to amend a tax return 2012 Examples include the following: cooperatives that provide protection of river banks to prevent erosion, water and sewer services, cable television, satellite, television, cellular phone services, two-way radio service, or natural gas services. How to amend a tax return 2012 501(c)(13) - Cemetery Companies If your organization wishes to obtain recognition of exemption from federal income tax as a cemetery company or a corporation chartered solely for the purpose of the disposal of human bodies by burial or cremation, it must file an application on Form 1024. How to amend a tax return 2012 For the procedure to follow to file an application, see Application, Approval, and Appeal Procedures in chapter 1. How to amend a tax return 2012 A nonprofit mutual cemetery company that seeks recognition of exemption should submit evidence with its application that it is owned and operated exclusively for the benefit of its lot owners who hold lots for bona fide burial purposes and not for purposes of resale. How to amend a tax return 2012 A mutual cemetery company that also engages in charitable activities, such as the burial of paupers, will be regarded as operating within this standard. How to amend a tax return 2012 The fact that a mutual cemetery company limits its membership to a particular class of individuals, such as members of a family, will not affect its status as mutual so long as all the other requirements of section 501(c)(13) are met. How to amend a tax return 2012 If your organization is a nonprofit corporation chartered solely for the purpose of the disposal of human bodies by burial or cremation, you should show that it is not permitted by its charter to engage in any business not necessarily incident to that purpose. How to amend a tax return 2012 Operating a mortuary is not permitted. How to amend a tax return 2012 However, selling monuments, markers, vaults, and flowers solely for use in the cemetery is permitted if the profits from these sales are used to maintain the cemetery as a whole. How to amend a tax return 2012 How income can be used. How to amend a tax return 2012   You should show that your organization's earnings are or will be used only in one or more of the following ways. How to amend a tax return 2012 To pay the ordinary and necessary expenses of operating, maintaining, and improving the cemetery or crematorium. How to amend a tax return 2012 To buy cemetery property. How to amend a tax return 2012 To create a fund that will provide a source of income for the perpetual care of the cemetery or a reasonable reserve for any ordinary or necessary purpose. How to amend a tax return 2012 No part of the net earnings of your organization can inure to the benefit of any private shareholder or individual. How to amend a tax return 2012 Ordinary and necessary expenses in connection with the operation, management, maintenance, and improvement of the cemetery are permitted, as are reasonable fees for the services of a manager. How to amend a tax return 2012 Buying cemetery property. How to amend a tax return 2012   Payments can be made to amortize debt incurred to buy land, but cannot be in the nature of profit distributions. How to amend a tax return 2012 You must show the method used to finance the purchase of the cemetery property and that the purchase price of the land at the time of its sale to the cemetery was not unreasonable. How to amend a tax return 2012   Except for holders of preferred stock (discussed later), no person can have any interest in the net earnings of a tax-exempt cemetery company or crematorium. How to amend a tax return 2012 Therefore, if property is transferred to the organization in exchange for an interest in the organization's net earnings, the organization will not
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Wills

It's unfortunate how many people believe that estate planning is only for wealthy people. People at all economic levels benefit from an estate plan. Upon death, an estate plan legally protects and distributes property based on your wishes and the needs of your family and/or survivors with as little tax as possible.

A will is the most practical first step in estate planning; it makes clear how you want your property to be distributed after you die.

Writing a will can be as simple as typing out how you want your assets to be transferred to loved ones or charitable organizations after your death. If you don't have a will when you die, your estate will be handled in probate, and your property could be distributed differently than what you would like.

It may help to get legal advice when writing a will, particularly when it comes to understanding all the rules of the estate disposition process in your state. Some states, for instance, have community-property laws that entitle your surviving spouse to keep half of your wealth after you die no matter what percentage you leave him or her. Fees for the execution of a will vary according to its complexity.

Rules To Remember When Writing A Will

  • In most states, you must be 18 years of age or older.
  • A will must be written in sound judgment and mental capacity to be valid.
  • The document must clearly state that it is your will.
  • An executor of your will, who ensures your estate is distributed according to your wishes, must be named.
  • It is not necessary to notarize or record your will but these can safeguard against any claims that your will is invalid. To be valid, you must sign a will in the presence of at least two witnesses.

Choose an Executor

An executor is the person who is responsible for settling the estate after death. Duties of an executor include:

  • Taking inventory of property and belongings
  • Appraising and distributing assets
  • Paying taxes
  • Settling debts owed by the deceased

Most important, the executor is legally obligated to act in the interests of the deceased, following the wishes provided by the will. Here again, it could be helpful to consult an attorney to help with the probate process or offer legal guidance. Any person over the age of 18, who hasn't been convicted of a felony, can be named executor of a will. Some people choose a lawyer, accountant or financial consultant based on their experience. Others choose a spouse, adult child, relative or friend. Since the role of executor can be demanding, it's often a good idea to ask the person being named in a will if he or she is willing to serve.

If you've been named executor in someone's will but are not able or do not want to serve, you need to file a declination, which is a legal document that declines your designation as an executor. The contingent executor named in the will then assumes responsibility. If no contingent executor is named, the court will appoint one.

Review Your Estate Plan

Once you've completed a will, it's a good idea to review it from time to time, and consider changes if:

  • The value of your assets change
  • You marry, divorce or remarry
  • You have a child
  • You move to a different state
  • The executor of your will dies or becomes incapacitated or your relationship changes
  • One of your heirs dies
  • The laws affecting your estate change

Write a Social Media Will

Social media is a part of daily life, so what happens to the online content that you created once you die? If you are active online you should consider creating a statement of how you would like your online identity to be handled, like a social media will. You should appoint someone you trust as an online executor. This person will be responsible for the closure of your email addresses, social media profiles, and blogs after you are deceased. Take these steps to help you write a social media will (download a social media will template in Excel format):

  • Review the privacy policies and the terms and conditions of each website where you have a presence.
  • State how you would like your profiles to be handled. You may want to completely cancel your profile or keep it up for friends and family to visit. Some sites allow users to create a memorial profile where other users can still see your profile but can’t post anything new.
  • Give the social media executor a document that lists all the websites where you have a profile, along with your usernames and passwords.
  • Stipulate in your will that the online executor should have a copy of your death certificate. The online executor may need this as proof in order for websites to take any actions on your behalf.
  • Check to see if the social media platforms have account management features to let you proactively manage what happens to your accounts after you die. For example, Google's Inactive Account Manager allows you to manage how you want your online content to be saved or deleted. This feature also lets you give permission for your family or close friends to access the content you saved on Google websites after you die.

The How To Amend A Tax Return 2012

How to amend a tax return 2012 2. How to amend a tax return 2012   Foreclosures and Repossessions Table of Contents Amount realized and ordinary income on a recourse debt. How to amend a tax return 2012 Amount realized on a nonrecourse debt. How to amend a tax return 2012 If you do not make payments you owe on a loan secured by property, the lender may foreclose on the loan or repossess the property. How to amend a tax return 2012 The foreclosure or repossession is treated as a sale from which you may realize gain or loss. How to amend a tax return 2012 This is true even if you voluntarily return the property to the lender. How to amend a tax return 2012 If the outstanding loan balance was more than the FMV of the property and the lender cancels all or part of the remaining loan balance, you also may realize ordinary income from the cancellation of debt. How to amend a tax return 2012 You must report this income on your return unless certain exceptions or exclusions apply. How to amend a tax return 2012 See chapter 1 for more details. How to amend a tax return 2012 Borrower's gain or loss. How to amend a tax return 2012    You figure and report gain or loss from a foreclosure or repossession in the same way as gain or loss from a sale. How to amend a tax return 2012 The gain is the difference between the amount realized and your adjusted basis in the transferred property (amount realized minus adjusted basis). How to amend a tax return 2012 The loss is the difference between your adjusted basis in the transferred property and the amount realized (adjusted basis minus amount realized). How to amend a tax return 2012 For more information on figuring gain or loss from the sale of property, see Gain or Loss From Sales and Exchanges in Publication 544. How to amend a tax return 2012 You can use Table 1-1 to figure your ordinary income from the cancellation of debt and your gain or loss from a foreclosure or repossession. How to amend a tax return 2012 Amount realized and ordinary income on a recourse debt. How to amend a tax return 2012    If you are personally liable for the debt, the amount realized on the foreclosure or repossession includes the smaller of: The outstanding debt immediately before the transfer reduced by any amount for which you remain personally liable immediately after the transfer, or The FMV of the transferred property. How to amend a tax return 2012 The amount realized also includes any proceeds you received from the foreclosure sale. How to amend a tax return 2012 If the FMV of the transferred property is less than the total outstanding debt immediately before the transfer reduced by any amount for which you remain personally liable immediately after the transfer, the difference is ordinary income from the cancellation of debt. How to amend a tax return 2012 You must report this income on your return unless certain exceptions or exclusions apply. How to amend a tax return 2012 See chapter 1 for more details. How to amend a tax return 2012       Example 1. How to amend a tax return 2012 Tara bought a new car for $15,000. How to amend a tax return 2012 She made a $2,000 downpayment and borrowed the remaining $13,000 from the dealer's credit company. How to amend a tax return 2012 Tara is personally liable for the loan (recourse debt) and the car is pledged as security for the loan. How to amend a tax return 2012 On August 1, 2013, the credit company repossessed the car because Tara had stopped making loan payments. How to amend a tax return 2012 The balance due after taking into account the payments Tara made was $10,000. How to amend a tax return 2012 The FMV of the car when it was repossessed was $9,000. How to amend a tax return 2012 On November 15, 2013, the credit company forgave the remaining $1,000 balance on the loan due to insufficient assets. How to amend a tax return 2012 In this case, the amount Tara realizes is $9,000. How to amend a tax return 2012 This is the smaller of: The $10,000 outstanding debt immediately before the repossession reduced by the $1,000 for which she remains personally liable immediately after the repossession ($10,000 − $1,000 = $9,000), or The $9,000 FMV of the car. How to amend a tax return 2012 Tara figures her gain or loss on the repossession by comparing the $9,000 amount realized with her $15,000 adjusted basis. How to amend a tax return 2012 She has a $6,000 nondeductible loss. How to amend a tax return 2012 After the cancellation of the remaining balance on the loan in November, Tara also has ordinary income from cancellation of debt in the amount of $1,000 (the remaining balance on the $10,000 loan after the $9,000 amount satisfied by the FMV of the repossessed car). How to amend a tax return 2012 Tara must report this $1,000 on her return unless one of the exceptions or exclusions described in chapter 1 applies. How to amend a tax return 2012 Example 2. How to amend a tax return 2012 Lili paid $200,000 for her home. How to amend a tax return 2012 She made a $15,000 downpayment and borrowed the remaining $185,000 from a bank. How to amend a tax return 2012 Lili is personally liable for the mortgage loan and the house secures the loan. How to amend a tax return 2012 In 2013, the bank foreclosed on the mortgage because Lili stopped making payments. How to amend a tax return 2012 When the bank foreclosed the mortgage, the balance due was $180,000, the FMV of the house was $170,000, and Lili's adjusted basis was $175,000 due to a casualty loss she had deducted. How to amend a tax return 2012 At the time of the foreclosure, the bank forgave $2,000 of the $10,000 debt in excess of the FMV ($180,000 minus $170,000). How to amend a tax return 2012 She remained personally liable for the $8,000 balance. How to amend a tax return 2012 In this case, Lili has ordinary income from the cancellation of debt in the amount of $2,000. How to amend a tax return 2012 The $2,000 income from the cancellation of debt is figured by subtracting the $170,000 FMV of the house from the $172,000 difference between her total outstanding debt immediately before the transfer of property and the amount for which she remains personally liable immediately after the transfer ($180,000 minus $8,000). How to amend a tax return 2012 She is able to exclude the $2,000 of canceled debt from her income under the qualified principal residence indebtedness rules discussed earlier. How to amend a tax return 2012 Lili must also determine her gain or loss from the foreclosure. How to amend a tax return 2012 In this case, the amount that she realizes is $170,000. How to amend a tax return 2012 This is the smaller of: (a) the $180,000 outstanding debt immediately before the transfer reduced by the $8,000 for which she remains personally liable immediately after the transfer ($180,000 − $8,000 = $172,000) or (b) the $170,000 FMV of the house. How to amend a tax return 2012 Lili figures her gain or loss on the foreclosure by comparing the $170,000 amount realized with her $175,000 adjusted basis. How to amend a tax return 2012 She has a $5,000 nondeductible loss. How to amend a tax return 2012 Table 1-1. How to amend a tax return 2012 Worksheet for Foreclosures and Repossessions Part 1. How to amend a tax return 2012 Complete Part 1 only if you were personally liable for the debt (even if none of the debt was canceled). How to amend a tax return 2012 Otherwise, go to Part 2. How to amend a tax return 2012 1. How to amend a tax return 2012 Enter the amount of outstanding debt immediately before the transfer of property reduced by any amount for which you remain personally liable immediately after the transfer of property   2. How to amend a tax return 2012 Enter the fair market value of the transferred property   3. How to amend a tax return 2012 Ordinary income from the cancellation of debt upon foreclosure or repossession. How to amend a tax return 2012 * Subtract line 2 from line 1. How to amend a tax return 2012 If less than zero, enter zero. How to amend a tax return 2012 Next, go to Part 2   Part 2. How to amend a tax return 2012 Gain or loss from foreclosure or repossession. How to amend a tax return 2012   4. How to amend a tax return 2012 Enter the smaller of line 1 or line 2. How to amend a tax return 2012 If you did not complete Part 1 (because you were not personally liable for the debt), enter the amount of outstanding debt immediately before the transfer of property   5. How to amend a tax return 2012 Enter any proceeds you received from the foreclosure sale   6. How to amend a tax return 2012 Add line 4 and line 5   7. How to amend a tax return 2012 Enter the adjusted basis of the transferred property   8. How to amend a tax return 2012 Gain or loss from foreclosure or repossession. How to amend a tax return 2012 Subtract line 7 from line 6   * The income may not be taxable. How to amend a tax return 2012 See chapter 1 for more details. How to amend a tax return 2012 Amount realized on a nonrecourse debt. How to amend a tax return 2012    If you are not personally liable for repaying the debt secured by the transferred property, the amount you realize includes the full amount of the outstanding debt immediately before the transfer. How to amend a tax return 2012 This is true even if the FMV of the property is less than the outstanding debt immediately before the transfer. How to amend a tax return 2012 Example 1. How to amend a tax return 2012 Tara bought a new car for $15,000. How to amend a tax return 2012 She made a $2,000 downpayment and borrowed the remaining $13,000 from the dealer's credit company. How to amend a tax return 2012 Tara is not personally liable for the loan (nonrecourse), but pledged the new car as security for the loan. How to amend a tax return 2012 On August 1, 2013, the credit company repossessed the car because Tara had stopped making loan payments. How to amend a tax return 2012 The balance due after taking into account the payments Tara made was $10,000. How to amend a tax return 2012 The FMV of the car when it was repossessed was $9,000. How to amend a tax return 2012 The amount Tara realized on the repossession is $10,000. How to amend a tax return 2012 That is the outstanding amount of debt immediately before the repossession, even though the FMV of the car is less than $10,000. How to amend a tax return 2012 Tara figures her gain or loss on the repossession by comparing the $10,000 amount realized with her $15,000 adjusted basis. How to amend a tax return 2012 Tara has a $5,000 nondeductible loss. How to amend a tax return 2012 Example 2. How to amend a tax return 2012 Lili paid $200,000 for her home. How to amend a tax return 2012 She made a $15,000 downpayment and borrowed the remaining $185,000 from a bank. How to amend a tax return 2012 She is not personally liable for the loan, but grants the bank a mortgage. How to amend a tax return 2012 The bank foreclosed on the mortgage because Lili stopped making payments. How to amend a tax return 2012 When the bank foreclosed on the mortgage, the balance due was $180,000, the FMV of the house was $170,000, and Lili's adjusted basis was $175,000 due to a casualty loss she had deducted. How to amend a tax return 2012 The amount Lili realized on the foreclosure is $180,000, the outstanding debt immediately before the foreclosure. How to amend a tax return 2012 She figures her gain or loss by comparing the $180,000 amount realized with her $175,000 adjusted basis. How to amend a tax return 2012 Lili has a $5,000 realized gain. How to amend a tax return 2012 See Publication 523 to figure and report any taxable amount. How to amend a tax return 2012 Forms 1099-A and 1099-C. How to amend a tax return 2012    A lender who acquires an interest in your property in a foreclosure or repossession should send you Form 1099-A, Acquisition or Abandonment of Secured Property, showing information you need to figure your gain or loss. How to amend a tax return 2012 However, if the lender also cancels part of your debt and must file Form 1099-C, the lender can include the information about the foreclosure or repossession on that form instead of on Form 1099-A. How to amend a tax return 2012 The lender must file Form 1099-C and send you a copy if the amount of debt canceled is $600 or more and the lender is a financial institution, credit union, federal government agency, or any organization that has a significant trade or business of lending money. How to amend a tax return 2012 For foreclosures or repossessions occurring in 2013, these forms should be sent to you by January 31, 2014. How to amend a tax return 2012 Prev  Up  Next   Home   More Online Publications