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How To File An Amended Tax Return 2011

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How To File An Amended Tax Return 2011

How to file an amended tax return 2011 Publication 551 - Main Content Table of Contents Cost BasisStocks and Bonds Real Property Business Assets Allocating the Basis Adjusted BasisIncreases to Basis Decreases to Basis Adjustments to Basis Example Basis Other Than CostProperty Received for Services Taxable Exchanges Nontaxable Exchanges Property Transferred From a Spouse Property Received as a Gift Inherited Property Property Changed to Business or Rental Use How To Get Tax HelpLow Income Taxpayer Clinics (LITCs). How to file an amended tax return 2011 Cost Basis The basis of property you buy is usually its cost. How to file an amended tax return 2011 The cost is the amount you pay in cash, debt obligations, other property, or services. How to file an amended tax return 2011 Your cost also includes amounts you pay for the following items. How to file an amended tax return 2011 Sales tax, Freight, Installation and testing, Excise taxes, Legal and accounting fees (when they must be capitalized), Revenue stamps, Recording fees, and Real estate taxes (if assumed for the seller). How to file an amended tax return 2011  You may also have to capitalize (add to basis) certain other costs related to buying or producing property. How to file an amended tax return 2011 Loans with low or no interest. How to file an amended tax return 2011   If you buy property on a time-payment plan that charges little or no interest, the basis of your property is your stated purchase price, minus the amount considered to be unstated interest. How to file an amended tax return 2011 You generally have unstated interest if your interest rate is less than the applicable federal rate. How to file an amended tax return 2011 For more information, see Unstated Interest and Original Issue Discount in Publication 537. How to file an amended tax return 2011 Purchase of a business. How to file an amended tax return 2011   When you purchase a trade or business, you generally purchase all assets used in the business operations, such as land, buildings, and machinery. How to file an amended tax return 2011 Allocate the price among the various assets, including any section 197 intangibles. How to file an amended tax return 2011 See Allocating the Basis, later. How to file an amended tax return 2011 Stocks and Bonds The basis of stocks or bonds you buy is generally the purchase price plus any costs of purchase, such as commissions and recording or transfer fees. How to file an amended tax return 2011 If you get stocks or bonds other than by purchase, your basis is usually determined by the fair market value (FMV) or the previous owner's adjusted basis of the stock. How to file an amended tax return 2011 You must adjust the basis of stocks for certain events that occur after purchase. How to file an amended tax return 2011 See Stocks and Bonds in chapter 4 of Publication 550 for more information on the basis of stock. How to file an amended tax return 2011 Identifying stock or bonds sold. How to file an amended tax return 2011   If you can adequately identify the shares of stock or the bonds you sold, their basis is the cost or other basis of the particular shares of stock or bonds. How to file an amended tax return 2011 If you buy and sell securities at various times in varying quantities and you cannot adequately identify the shares you sell, the basis of the securities you sell is the basis of the securities you acquired first. How to file an amended tax return 2011 For more information about identifying securities you sell, see Stocks and Bonds under Basis of Investment Property in chapter 4 of Publication 550. How to file an amended tax return 2011 Mutual fund shares. How to file an amended tax return 2011   If you sell mutual fund shares acquired at different times and prices, you can choose to use an average basis. How to file an amended tax return 2011 For more information, see Publication 550. How to file an amended tax return 2011 Real Property Real property, also called real estate, is land and generally anything built on or attached to it. How to file an amended tax return 2011 If you buy real property, certain fees and other expenses become part of your cost basis in the property. How to file an amended tax return 2011 Real estate taxes. How to file an amended tax return 2011   If you pay real estate taxes the seller owed on real property you bought, and the seller did not reimburse you, treat those taxes as part of your basis. How to file an amended tax return 2011 You cannot deduct them as taxes. How to file an amended tax return 2011   If you reimburse the seller for taxes the seller paid for you, you can usually deduct that amount as an expense in the year of purchase. How to file an amended tax return 2011 Do not include that amount in the basis of the property. How to file an amended tax return 2011 If you did not reimburse the seller, you must reduce your basis by the amount of those taxes. How to file an amended tax return 2011 Settlement costs. How to file an amended tax return 2011   Your basis includes the settlement fees and closing costs for buying property. How to file an amended tax return 2011 You cannot include in your basis the fees and costs for getting a loan on property. How to file an amended tax return 2011 A fee for buying property is a cost that must be paid even if you bought the property for cash. How to file an amended tax return 2011   The following items are some of the settlement fees or closing costs you can include in the basis of your property. How to file an amended tax return 2011 Abstract fees (abstract of title fees); Charges for installing utility services; Legal fees (including title search and preparation of the sales contract and deed); Recording fees; Surveys; Transfer taxes; Owner's title insurance; and Any amounts the seller owes that you agree to pay, such as back taxes or interest, recording or mortgage fees, charges for improvements or repairs, and sales commissions. How to file an amended tax return 2011   Settlement costs do not include amounts placed in escrow for the future payment of items such as taxes and insurance. How to file an amended tax return 2011   The following items are some settlement fees and closing costs you cannot include in the basis of the property. How to file an amended tax return 2011 Casualty insurance premiums. How to file an amended tax return 2011 Rent for occupancy of the property before closing. How to file an amended tax return 2011 Charges for utilities or other services related to occupancy of the property before closing. How to file an amended tax return 2011 Charges connected with getting a loan. How to file an amended tax return 2011 The following are examples of these charges. How to file an amended tax return 2011 Points (discount points, loan origination fees). How to file an amended tax return 2011 Mortgage insurance premiums. How to file an amended tax return 2011 Loan assumption fees. How to file an amended tax return 2011 Cost of a credit report. How to file an amended tax return 2011 Fees for an appraisal required by a lender. How to file an amended tax return 2011 Fees for refinancing a mortgage. How to file an amended tax return 2011 If these costs relate to business property, items (1) through (3) are deductible as business expenses. How to file an amended tax return 2011 Items (4) and (5) must be capitalized as costs of getting a loan and can be deducted over the period of the loan. How to file an amended tax return 2011 Points. How to file an amended tax return 2011   If you pay points to obtain a loan (including a mortgage, second mortgage, line of credit, or a home equity loan), do not add the points to the basis of the related property. How to file an amended tax return 2011 Generally, you deduct the points over the term of the loan. How to file an amended tax return 2011 For more information on how to deduct points, see Points in chapter 4 of Publication 535. How to file an amended tax return 2011 Points on home mortgage. How to file an amended tax return 2011   Special rules may apply to points you and the seller pay when you obtain a mortgage to purchase your main home. How to file an amended tax return 2011 If certain requirements are met, you can deduct the points in full for the year in which they are paid. How to file an amended tax return 2011 Reduce the basis of your home by any seller-paid points. How to file an amended tax return 2011 For more information, see Points in Publication 936, Home Mortgage Interest Deduction. How to file an amended tax return 2011 Assumption of mortgage. How to file an amended tax return 2011   If you buy property and assume (or buy subject to) an existing mortgage on the property, your basis includes the amount you pay for the property plus the amount to be paid on the mortgage. How to file an amended tax return 2011 Example. How to file an amended tax return 2011 If you buy a building for $20,000 cash and assume a mortgage of $80,000 on it, your basis is $100,000. How to file an amended tax return 2011 Constructing assets. How to file an amended tax return 2011   If you build property or have assets built for you, your expenses for this construction are part of your basis. How to file an amended tax return 2011 Some of these expenses include the following costs. How to file an amended tax return 2011 Land, Labor and materials, Architect's fees, Building permit charges, Payments to contractors, Payments for rental equipment, and Inspection fees. How to file an amended tax return 2011 In addition, if you own a business and use your employees, material, and equipment to build an asset, do not deduct the following expenses. How to file an amended tax return 2011 You must include them in the asset's basis. How to file an amended tax return 2011 Employee wages paid for the construction work, reduced by any employment credits allowed; Depreciation on equipment you own while it is used in the construction; Operating and maintenance costs for equipment used in the construction; and The cost of business supplies and materials used in the construction. How to file an amended tax return 2011    Do not include the value of your own labor, or any other labor you did not pay for, in the basis of any property you construct. How to file an amended tax return 2011 Business Assets If you purchase property to use in your business, your basis is usually its actual cost to you. How to file an amended tax return 2011 If you construct, create, or otherwise produce property, you must capitalize the costs as your basis. How to file an amended tax return 2011 In certain circumstances, you may be subject to the uniform capitalization rules, next. How to file an amended tax return 2011 Uniform Capitalization Rules The uniform capitalization rules specify the costs you add to basis in certain circumstances. How to file an amended tax return 2011 Activities subject to the rules. How to file an amended tax return 2011   You must use the uniform capitalization rules if you do any of the following in your trade or business or activity carried on for profit. How to file an amended tax return 2011 Produce real or tangible personal property for use in the business or activity, Produce real or tangible personal property for sale to customers, or Acquire property for resale. How to file an amended tax return 2011 However, this rule does not apply to personal property if your average annual gross receipts for the 3 previous tax years are $10 million or less. How to file an amended tax return 2011   You produce property if you construct, build, install, manufacture, develop, improve, create, raise, or grow the property. How to file an amended tax return 2011 Treat property produced for you under a contract as produced by you up to the amount you pay or costs you otherwise incur for the property. How to file an amended tax return 2011 Tangible personal property includes films, sound recordings, video tapes, books, or similar property. How to file an amended tax return 2011    Under the uniform capitalization rules, you must capitalize all direct costs and an allocable part of most indirect costs you incur due to your production or resale activities. How to file an amended tax return 2011 To capitalize means to include certain expenses in the basis of property you produce or in your inventory costs rather than deduct them as a current expense. How to file an amended tax return 2011 You recover these costs through deductions for depreciation, amortization, or cost of goods sold when you use, sell, or otherwise dispose of the property. How to file an amended tax return 2011   Any cost you cannot use to figure your taxable income for any tax year is not subject to the uniform capitalization rules. How to file an amended tax return 2011 Example. How to file an amended tax return 2011 If you incur a business meal expense for which your deduction would be limited to 50% of the cost of the meal, that amount is subject to the uniform capitalization rules. How to file an amended tax return 2011 The nondeductible part of the cost is not subject to the uniform capitalization rules. How to file an amended tax return 2011 More information. How to file an amended tax return 2011   For more information about these rules, see the regulations under section 263A of the Internal Revenue Code and Publication 538, Accounting Periods and Methods. How to file an amended tax return 2011 Exceptions. How to file an amended tax return 2011   The following are not subject to the uniform capitalization rules. How to file an amended tax return 2011 Property you produce that you do not use in your trade, business, or activity conducted for profit; Qualified creative expenses you pay or incur as a free-lance (self-employed) writer, photographer, or artist that are otherwise deductible on your tax return; Property you produce under a long-term contract, except for certain home construction contracts; Research and experimental expenses deductible under section 174 of the Internal Revenue Code; and Costs for personal property acquired for resale if your (or your predecessor's) average annual gross receipts for the 3 previous tax years do not exceed $10 million. How to file an amended tax return 2011 For other exceptions to the uniform capitalization rules, see section 1. How to file an amended tax return 2011 263A-1(b) of the regulations. How to file an amended tax return 2011   For information on the special rules that apply to costs incurred in the business of farming, see chapter 6 of Publication 225, Farmer's Tax Guide. How to file an amended tax return 2011 Intangible Assets Intangible assets include goodwill, patents, copyrights, trademarks, trade names, and franchises. How to file an amended tax return 2011 The basis of an intangible asset is usually the cost to buy or create it. How to file an amended tax return 2011 If you acquire multiple assets, for example a going business for a lump sum, see Allocating the Basis below to figure the basis of the individual assets. How to file an amended tax return 2011 The basis of certain intangibles can be amortized. How to file an amended tax return 2011 See chapter 8 of Publication 535 for information on the amortization of these costs. How to file an amended tax return 2011 Patents. How to file an amended tax return 2011   The basis of a patent you get for an invention is the cost of development, such as research and experimental expenditures, drawings, working models, and attorneys' and governmental fees. How to file an amended tax return 2011 If you deduct the research and experimental expenditures as current business expenses, you cannot include them in the basis of the patent. How to file an amended tax return 2011 The value of the inventor's time spent on an invention is not part of the basis. How to file an amended tax return 2011 Copyrights. How to file an amended tax return 2011   If you are an author, the basis of a copyright will usually be the cost of getting the copyright plus copyright fees, attorneys' fees, clerical assistance, and the cost of plates that remain in your possession. How to file an amended tax return 2011 Do not include the value of your time as the author, or any other person's time you did not pay for. How to file an amended tax return 2011 Franchises, trademarks, and trade names. How to file an amended tax return 2011   If you buy a franchise, trademark, or trade name, the basis is its cost, unless you can deduct your payments as a business expense. How to file an amended tax return 2011 Allocating the Basis If you buy multiple assets for a lump sum, allocate the amount you pay among the assets you receive. How to file an amended tax return 2011 You must make this allocation to figure your basis for depreciation and gain or loss on a later disposition of any of these assets. How to file an amended tax return 2011 See Trade or Business Acquired below. How to file an amended tax return 2011 Group of Assets Acquired If you buy multiple assets for a lump sum, you and the seller may agree to a specific allocation of the purchase price among the assets in the sales contract. How to file an amended tax return 2011 If this allocation is based on the value of each asset and you and the seller have adverse tax interests, the allocation generally will be accepted. How to file an amended tax return 2011 However, see Trade or Business Acquired, next. How to file an amended tax return 2011 Trade or Business Acquired If you acquire a trade or business, allocate the consideration paid to the various assets acquired. How to file an amended tax return 2011 Generally, reduce the consideration paid by any cash and general deposit accounts (including checking and savings accounts) received. How to file an amended tax return 2011 Allocate the remaining consideration to the other business assets received in proportion to (but not more than) their fair market value in the following order. How to file an amended tax return 2011 Certificates of deposit, U. How to file an amended tax return 2011 S. How to file an amended tax return 2011 Government securities, foreign currency, and actively traded personal property, including stock and securities. How to file an amended tax return 2011 Accounts receivable, other debt instruments, and assets you mark to market at least annually for federal income tax purposes. How to file an amended tax return 2011 Property of a kind that would properly be included in inventory if on hand at the end of the tax year or property held primarily for sale to customers in the ordinary course of business. How to file an amended tax return 2011 All other assets except section 197 intangibles, goodwill, and going concern value. How to file an amended tax return 2011 Section 197 intangibles except goodwill and going concern value. How to file an amended tax return 2011 Goodwill and going concern value (whether or not they qualify as section 197 intangibles). How to file an amended tax return 2011 Agreement. How to file an amended tax return 2011   The buyer and seller may enter into a written agreement as to the allocation of any consideration or the fair market value (FMV) of any of the assets. How to file an amended tax return 2011 This agreement is binding on both parties unless the IRS determines the amounts are not appropriate. How to file an amended tax return 2011 Reporting requirement. How to file an amended tax return 2011   Both the buyer and seller involved in the sale of business assets must report to the IRS the allocation of the sales price among section 197 intangibles and the other business assets. How to file an amended tax return 2011 Use Form 8594 to provide this information. How to file an amended tax return 2011 The buyer and seller should each attach Form 8594 to their federal income tax return for the year in which the sale occurred. How to file an amended tax return 2011 More information. How to file an amended tax return 2011   See Sale of a Business in chapter 2 of Publication 544 for more information. How to file an amended tax return 2011 Land and Buildings If you buy buildings and the land on which they stand for a lump sum, allocate the basis of the property among the land and the buildings so you can figure the depreciation allowable on the buildings. How to file an amended tax return 2011 Figure the basis of each asset by multiplying the lump sum by a fraction. How to file an amended tax return 2011 The numerator is the FMV of that asset and the denominator is the FMV of the whole property at the time of purchase. How to file an amended tax return 2011 If you are not certain of the FMV of the land and buildings, you can allocate the basis based on their assessed values for real estate tax purposes. How to file an amended tax return 2011 Demolition of building. How to file an amended tax return 2011   Add demolition costs and other losses incurred for the demolition of any building to the basis of the land on which the demolished building was located. How to file an amended tax return 2011 Do not claim the costs as a current deduction. How to file an amended tax return 2011 Modification of building. How to file an amended tax return 2011   A modification of a building will not be treated as a demolition if the following conditions are satisfied. How to file an amended tax return 2011 75 percent or more of the existing external walls of the building are retained in place as internal or external walls, and 75 percent or more of the existing internal structural framework of the building is retained in place. How to file an amended tax return 2011   If the building is a certified historic structure, the modification must also be part of a certified rehabilitation. How to file an amended tax return 2011   If these conditions are met, add the costs of the modifications to the basis of the building. How to file an amended tax return 2011 Subdivided lots. How to file an amended tax return 2011   If you buy a tract of land and subdivide it, you must determine the basis of each lot. How to file an amended tax return 2011 This is necessary because you must figure the gain or loss on the sale of each individual lot. How to file an amended tax return 2011 As a result, you do not recover your entire cost in the tract until you have sold all of the lots. How to file an amended tax return 2011   To determine the basis of an individual lot, multiply the total cost of the tract by a fraction. How to file an amended tax return 2011 The numerator is the FMV of the lot and the denominator is the FMV of the entire tract. How to file an amended tax return 2011 Future improvement costs. How to file an amended tax return 2011   If you are a developer and sell subdivided lots before the development work is completed, you can (with IRS consent) include in the basis of the properties sold an allocation of the estimated future cost for common improvements. How to file an amended tax return 2011 See Revenue Procedure 92–29 for more information, including an explanation of the procedures for getting consent from the IRS. How to file an amended tax return 2011 Use of erroneous cost basis. How to file an amended tax return 2011   If you made a mistake in figuring the cost basis of subdivided lots sold in previous years, you cannot correct the mistake for years for which the statute of limitations (generally 3 tax years) has expired. How to file an amended tax return 2011 Figure the basis of any remaining lots by allocating the correct original cost basis of the entire tract among the original lots. How to file an amended tax return 2011 Example. How to file an amended tax return 2011 You bought a tract of land to which you assigned a cost of $15,000. How to file an amended tax return 2011 You subdivided the land into 15 building lots of equal size and equitably divided your basis so that each lot had a basis of $1,000. How to file an amended tax return 2011 You treated the sale of each lot as a separate transaction and figured gain or loss separately on each sale. How to file an amended tax return 2011 Several years later you determine that your original basis in the tract was $22,500 and not $15,000. How to file an amended tax return 2011 You sold eight lots using $8,000 of basis in years for which the statute of limitations has expired. How to file an amended tax return 2011 You now can take $1,500 of basis into account for figuring gain or loss only on the sale of each of the remaining seven lots ($22,500 basis divided among all 15 lots). How to file an amended tax return 2011 You cannot refigure the basis of the eight lots sold in tax years barred by the statute of limitations. How to file an amended tax return 2011 Adjusted Basis Before figuring gain or loss on a sale, exchange, or other disposition of property or figuring allowable depreciation, depletion, or amortization, you must usually make certain adjustments to the basis of the property. How to file an amended tax return 2011 The result of these adjustments to the basis is the adjusted basis. How to file an amended tax return 2011 Increases to Basis Increase the basis of any property by all items properly added to a capital account. How to file an amended tax return 2011 These include the cost of any improvements having a useful life of more than 1 year. How to file an amended tax return 2011 Rehabilitation expenses also increase basis. How to file an amended tax return 2011 However, you must subtract any rehabilitation credit allowed for these expenses before you add them to your basis. How to file an amended tax return 2011 If you have to recapture any of the credit, increase your basis by the recaptured amount. How to file an amended tax return 2011 If you make additions or improvements to business property, keep separate accounts for them. How to file an amended tax return 2011 Also, you must depreciate the basis of each according to the depreciation rules that would apply to the underlying property if you had placed it in service at the same time you placed the addition or improvement in service. How to file an amended tax return 2011 For more information, see Publication 946. How to file an amended tax return 2011 The following items increase the basis of property. How to file an amended tax return 2011 The cost of extending utility service lines to the property; Impact fees; Legal fees, such as the cost of defending and perfecting title; Legal fees for obtaining a decrease in an assessment levied against property to pay for local improvements; Zoning costs; and The capitalized value of a redeemable ground rent. How to file an amended tax return 2011 Assessments for Local Improvements Increase the basis of property by assessments for items such as paving roads and building ditches that increase the value of the property assessed. How to file an amended tax return 2011 Do not deduct them as taxes. How to file an amended tax return 2011 However, you can deduct as taxes charges for maintenance, repairs, or interest charges related to the improvements. How to file an amended tax return 2011 Example. How to file an amended tax return 2011 Your city changes the street in front of your store into an enclosed pedestrian mall and assesses you and other affected landowners for the cost of the conversion. How to file an amended tax return 2011 Add the assessment to your property's basis. How to file an amended tax return 2011 In this example, the assessment is a depreciable asset. How to file an amended tax return 2011 Deducting vs. How to file an amended tax return 2011 Capitalizing Costs Do not add to your basis costs you can deduct as current expenses. How to file an amended tax return 2011 For example, amounts paid for incidental repairs or maintenance that are deductible as business expenses cannot be added to basis. How to file an amended tax return 2011 However, you can choose either to deduct or to capitalize certain other costs. How to file an amended tax return 2011 If you capitalize these costs, include them in your basis. How to file an amended tax return 2011 If you deduct them, do not include them in your basis. How to file an amended tax return 2011 See Uniform Capitalization Rules earlier. How to file an amended tax return 2011 The costs you can choose to deduct or to capitalize include the following. How to file an amended tax return 2011 Carrying charges, such as interest and taxes, that you pay to own property, except carrying charges that must be capitalized under the uniform capitalization rules; Research and experimentation costs; Intangible drilling and development costs for oil, gas, and geothermal wells; Exploration costs for new mineral deposits; Mining development costs for a new mineral deposit; Costs of establishing, maintaining, or increasing the circulation of a newspaper or other periodical; and Costs of removing architectural and transportation barriers to people with disabilities and the elderly. How to file an amended tax return 2011 If you claim the disabled access credit, you must reduce the amount you deduct or capitalize by the amount of the credit. How to file an amended tax return 2011 For more information about deducting or capitalizing costs, see chapter 7 in Publication 535. How to file an amended tax return 2011 Table 1. How to file an amended tax return 2011 Examples of Increases and Decreases to Basis Increases to Basis Decreases to Basis Capital improvements:   Putting an addition on your home   Replacing an entire roof  Paving your driveway  Installing central air conditioning Rewiring your home Exclusion from income of subsidies for energy conservation measures  Casualty or theft loss deductions and insurance reimbursements  Vehicle credits Assessments for local improvements: Water connections Sidewalks Roads Section 179 deduction  Casualty losses: Restoring damaged property Depreciation  Nontaxable corporate distributions Legal fees:  Cost of defending and perfecting a title   Zoning costs   Decreases to Basis The following are some items that reduce the basis of property. How to file an amended tax return 2011 Section 179 deduction; Nontaxable corporate distributions; Deductions previously allowed (or allowable) for amortization, depreciation, and depletion; Exclusion of subsidies for energy conservation measures; Vehicle credits; Residential energy credits; Postponed gain from sale of home; Investment credit (part or all) taken; Casualty and theft losses and insurance reimbursement; Certain canceled debt excluded from income; Rebates from a manufacturer or seller; Easements; Gas-guzzler tax; Adoption tax benefits; and Credit for employer-provided child care. How to file an amended tax return 2011 Some of these items are discussed next. How to file an amended tax return 2011 Casualties and Thefts If you have a casualty or theft loss, decrease the basis in your property by any insurance or other reimbursement and by any deductible loss not covered by insurance. How to file an amended tax return 2011 You must increase your basis in the property by the amount you spend on repairs that substantially prolong the life of the property, increase its value, or adapt it to a different use. How to file an amended tax return 2011 To make this determination, compare the repaired property to the property before the casualty. How to file an amended tax return 2011 For more information on casualty and theft losses, see Publication 547, Casualties, Disasters, and Thefts. How to file an amended tax return 2011 Easements The amount you receive for granting an easement is generally considered to be a sale of an interest in real property. How to file an amended tax return 2011 It reduces the basis of the affected part of the property. How to file an amended tax return 2011 If the amount received is more than the basis of the part of the property affected by the easement, reduce your basis in that part to zero and treat the excess as a recognized gain. How to file an amended tax return 2011 Vehicle Credits Unless you elect not to claim the qualified plug-in electric vehicle credit, the alternative motor vehicle credit, or the qualified plug-in electric drive motor vehicle credit, you may have to reduce the basis of each qualified vehicle by certain amounts reported. How to file an amended tax return 2011 For more information, see Form 8834, Qualified Plug-in Electric and Electric Vehicle Credit; Form 8910, Alternative Motor Vehicle Credit; Form 8936, Qualified Plug-in Electric Drive Motor Vehicle Credit;and the related instructions. How to file an amended tax return 2011 Gas-Guzzler Tax Decrease the basis in your car by the gas-guzzler (fuel economy) tax if you begin using the car within 1 year of the date of its first sale for ultimate use. How to file an amended tax return 2011 This rule also applies to someone who later buys the car and begins using it not more than 1 year after the original sale for ultimate use. How to file an amended tax return 2011 If the car is imported, the one-year period begins on the date of entry or withdrawal of the car from the warehouse if that date is later than the date of the first sale for ultimate use. How to file an amended tax return 2011 Section 179 Deduction If you take the section 179 deduction for all or part of the cost of qualifying business property, decrease the basis of the property by the deduction. How to file an amended tax return 2011 For more information about the section 179 deduction, see Publication 946. How to file an amended tax return 2011 Exclusion of Subsidies for Energy Conservation Measures You can exclude from gross income any subsidy you received from a public utility company for the purchase or installation of any energy conservation measure for a dwelling unit. How to file an amended tax return 2011 Reduce the basis of the property for which you received the subsidy by the excluded amount. How to file an amended tax return 2011 For more information on this subsidy, see Publication 525. How to file an amended tax return 2011 Depreciation Decrease the basis of property by the depreciation you deducted, or could have deducted, on your tax returns under the method of depreciation you chose. How to file an amended tax return 2011 If you took less depreciation than you could have under the method chosen, decrease the basis by the amount you could have taken under that method. How to file an amended tax return 2011 If you did not take a depreciation deduction, reduce the basis by the full amount of the depreciation you could have taken. How to file an amended tax return 2011 Unless a timely election is made not to deduct the special depreciation allowance for property placed in service after September 10, 2001, decrease the property's basis by the special depreciation allowance you deducted or could have deducted. How to file an amended tax return 2011 If you deducted more depreciation than you should have, decrease your basis by the amount equal to the depreciation you should have deducted plus the part of the excess depreciation you deducted that actually reduced your tax liability for the year. How to file an amended tax return 2011 In decreasing your basis for depreciation, take into account the amount deducted on your tax returns as depreciation and any depreciation capitalized under the uniform capitalization rules. How to file an amended tax return 2011 For information on figuring depreciation, see Publication 946. How to file an amended tax return 2011 If you are claiming depreciation on a business vehicle, see Publication 463. How to file an amended tax return 2011 If the car is not used more than 50% for business during the tax year, you may have to recapture excess depreciation. How to file an amended tax return 2011 Include the excess depreciation in your gross income and add it to your basis in the property. How to file an amended tax return 2011 For information on the computation of excess depreciation, see chapter 4 in Publication 463. How to file an amended tax return 2011 Canceled Debt Excluded From Income If a debt you owe is canceled or forgiven, other than as a gift or bequest, you generally must include the canceled amount in your gross income for tax purposes. How to file an amended tax return 2011 A debt includes any indebtedness for which you are liable or which attaches to property you hold. How to file an amended tax return 2011 You can exclude canceled debt from income in the following situations. How to file an amended tax return 2011 Debt canceled in a bankruptcy case or when you are insolvent, Qualified farm debt, and Qualified real property business debt (provided you are not a C corporation). How to file an amended tax return 2011 If you exclude from income canceled debt under situation (1) or (2), you may have to reduce the basis of your depreciable and nondepreciable property. How to file an amended tax return 2011 However, in situation (3), you must reduce the basis of your depreciable property by the excluded amount. How to file an amended tax return 2011 For more information about canceled debt in a bankruptcy case or during insolvency, see Publication 908, Bankruptcy Tax Guide. How to file an amended tax return 2011 For more information about canceled debt that is qualified farm debt, see chapter 3 in Publication 225. How to file an amended tax return 2011 For more information about qualified real property business debt, see chapter 5 in Publication 334, Tax Guide for Small Business. How to file an amended tax return 2011 Postponed Gain From Sale of Home If you postponed gain from the sale of your main home before May 7, 1997, you must reduce the basis of your new home by the postponed gain. How to file an amended tax return 2011 For more information on the rules for the sale of a home, see Publication 523. How to file an amended tax return 2011 Adoption Tax Benefits If you claim an adoption credit for the cost of improvements you added to the basis of your home, decrease the basis of your home by the credit allowed. How to file an amended tax return 2011 This also applies to amounts you received under an employer's adoption assistance program and excluded from income. How to file an amended tax return 2011 For more information Form 8839, Qualified Adoption Expenses. How to file an amended tax return 2011 Employer-Provided Child Care If you are an employer, you can claim the employer-provided child care credit on amounts you paid or incurred to acquire, construct, rehabilitate, or expand property used as part of your qualified child care facility. How to file an amended tax return 2011 You must reduce your basis in that property by the credit claimed. How to file an amended tax return 2011 For more information, see Form 8882, Credit for Employer-Provided Child Care Facilities and Services. How to file an amended tax return 2011 Adjustments to Basis Example In January 2005, you paid $80,000 for real property to be used as a factory. How to file an amended tax return 2011 You also paid commissions of $2,000 and title search and legal fees of $600. How to file an amended tax return 2011 You allocated the total cost of $82,600 between the land and the building—$10,325 for the land and $72,275 for the building. How to file an amended tax return 2011 Immediately you spent $20,000 in remodeling the building before you placed it in service. How to file an amended tax return 2011 You were allowed depreciation of $14,526 for the years 2005 through 2009. How to file an amended tax return 2011 In 2008 you had a $5,000 casualty loss from a that was not covered by insurance on the building. How to file an amended tax return 2011 You claimed a deduction for this loss. How to file an amended tax return 2011 You spent $5,500 to repair the damages and extend the useful life of the building. How to file an amended tax return 2011 The adjusted basis of the building on January 1, 2010, is figured as follows: Original cost of building including fees and commissions $72,275 Adjustments to basis:     Add:         Improvements 20,000   Repair of damages 5,500       $97,775 Subtract:       Depreciation $14,526     Deducted casualty loss 5,000 19,526 Adjusted basis on January 1, 2010 $78,249 The basis of the land, $10,325, remains unchanged. How to file an amended tax return 2011 It is not affected by any of the above adjustments. How to file an amended tax return 2011 Basis Other Than Cost There are many times when you cannot use cost as basis. How to file an amended tax return 2011 In these cases, the fair market value or the adjusted basis of property may be used. How to file an amended tax return 2011 Adjusted basis is discussed earlier. How to file an amended tax return 2011 Fair market value (FMV). How to file an amended tax return 2011   FMV is the price at which property would change hands between a buyer and a seller, neither having to buy or sell, and both having reasonable knowledge of all necessary facts. How to file an amended tax return 2011 Sales of similar property on or about the same date may be helpful in figuring the property's FMV. How to file an amended tax return 2011 Property Received for Services If you receive property for services, include the property's FMV in income. How to file an amended tax return 2011 The amount you include in income becomes your basis. How to file an amended tax return 2011 If the services were performed for a price agreed on beforehand, it will be accepted as the FMV of the property if there is no evidence to the contrary. How to file an amended tax return 2011 Bargain Purchases A bargain purchase is a purchase of an item for less than its FMV. How to file an amended tax return 2011 If, as compensation for services, you purchase goods or other property at less than FMV, include the difference between the purchase price and the property's FMV in your income. How to file an amended tax return 2011 Your basis in the property is its FMV (your purchase price plus the amount you include in income). How to file an amended tax return 2011 If the difference between your purchase price and the FMV represents a qualified employee discount, do not include the difference in income. How to file an amended tax return 2011 However, your basis in the property is still its FMV. How to file an amended tax return 2011 See Employee Discounts in Publication 15-B. How to file an amended tax return 2011 Restricted Property If you receive property for your services and the property is subject to certain restrictions, your basis in the property is its FMV when it becomes substantially vested unless you make the election discussed later. How to file an amended tax return 2011 Property becomes substantially vested when your rights in the property or the rights of any person to whom you transfer the property are not subject to a substantial risk of forfeiture. How to file an amended tax return 2011 There is substantial risk of forfeiture when the rights to full enjoyment of the property depend on the future performance of substantial services by any person. How to file an amended tax return 2011 When the property becomes substantially vested, include the FMV, less any amount you paid for the property, in income. How to file an amended tax return 2011 Example. How to file an amended tax return 2011 Your employer gives you stock for services performed under the condition that you will have to return the stock unless you complete 5 years of service. How to file an amended tax return 2011 The stock is under a substantial risk of forfeiture and is not substantially vested when you receive it. How to file an amended tax return 2011 You do not report any income until you have completed the 5 years of service that satisfy the condition. How to file an amended tax return 2011 Fair market value. How to file an amended tax return 2011   Figure the FMV of property you received without considering any restriction except one that by its terms will never end. How to file an amended tax return 2011 Example. How to file an amended tax return 2011 You received stock from your employer for services you performed. How to file an amended tax return 2011 If you want to sell the stock while you are still employed, you must sell the stock to your employer at book value. How to file an amended tax return 2011 At your retirement or death, you or your estate must offer to sell the stock to your employer at its book value. How to file an amended tax return 2011 This is a restriction that by its terms will never end and you must consider it when you figure the FMV. How to file an amended tax return 2011 Election. How to file an amended tax return 2011   You can choose to include in your gross income the FMV of the property at the time of transfer, less any amount you paid for it. How to file an amended tax return 2011 If you make this choice, the substantially vested rules do not apply. How to file an amended tax return 2011 Your basis is the amount you paid plus the amount you included in income. How to file an amended tax return 2011   See the discussion of Restricted Property in Publication 525 for more information. How to file an amended tax return 2011 Taxable Exchanges A taxable exchange is one in which the gain is taxable or the loss is deductible. How to file an amended tax return 2011 A taxable gain or deductible loss is also known as a recognized gain or loss. How to file an amended tax return 2011 If you receive property in exchange for other property in a taxable exchange, the basis of property you receive is usually its FMV at the time of the exchange. How to file an amended tax return 2011 A taxable exchange occurs when you receive cash or property not similar or related in use to the property exchanged. How to file an amended tax return 2011 Example. How to file an amended tax return 2011 You trade a tract of farm land with an adjusted basis of $3,000 for a tractor that has an FMV of $6,000. How to file an amended tax return 2011 You must report a taxable gain of $3,000 for the land. How to file an amended tax return 2011 The tractor has a basis of $6,000. How to file an amended tax return 2011 Involuntary Conversions If you receive property as a result of an involuntary conversion, such as a casualty, theft, or condemnation, you can figure the basis of the replacement property you receive using the basis of the converted property. How to file an amended tax return 2011 Similar or related property. How to file an amended tax return 2011   If you receive replacement property similar or related in service or use to the converted property, the replacement property's basis is the old property's basis on the date of the conversion. How to file an amended tax return 2011 However, make the following adjustments. How to file an amended tax return 2011 Decrease the basis by the following. How to file an amended tax return 2011 Any loss you recognize on the conversion, and Any money you receive that you do not spend on similar property. How to file an amended tax return 2011 Increase the basis by the following. How to file an amended tax return 2011 Any gain you recognize on the conversion, and Any cost of acquiring the replacement property. How to file an amended tax return 2011 Money or property not similar or related. How to file an amended tax return 2011   If you receive money or property not similar or related in service or use to the converted property, and you buy replacement property similar or related in service or use to the converted property, the basis of the new property is its cost decreased by the gain not recognized on the conversion. How to file an amended tax return 2011 Example. How to file an amended tax return 2011 The state condemned your property. How to file an amended tax return 2011 The property had an adjusted basis of $26,000 and the state paid you $31,000 for it. How to file an amended tax return 2011 You realized a gain of $5,000 ($31,000 − $26,000). How to file an amended tax return 2011 You bought replacement property similar in use to the converted property for $29,000. How to file an amended tax return 2011 You recognize a gain of $2,000 ($31,000 − $29,000), the unspent part of the payment from the state. How to file an amended tax return 2011 Your gain not recognized is $3,000, the difference between the $5,000 realized gain and the $2,000 recognized gain. How to file an amended tax return 2011 The basis of the new property is figured as follows: Cost of replacement property $29,000 Minus: Gain not recognized 3,000 Basis of the replacement property $26,000 Allocating the basis. How to file an amended tax return 2011   If you buy more than one piece of replacement property, allocate your basis among the properties based on their respective costs. How to file an amended tax return 2011 Example. How to file an amended tax return 2011 The state in the previous example condemned your unimproved real property and the replacement property you bought was improved real property with both land and buildings. How to file an amended tax return 2011 Allocate the replacement property's $26,000 basis between land and buildings based on their respective costs. How to file an amended tax return 2011 More information. How to file an amended tax return 2011   For more information about condemnations, see Involuntary Conversions in Publication 544. How to file an amended tax return 2011 For more information about casualty and theft losses, see Publication 547. How to file an amended tax return 2011 Nontaxable Exchanges A nontaxable exchange is an exchange in which you are not taxed on any gain and you cannot deduct any loss. How to file an amended tax return 2011 If you receive property in a nontaxable exchange, its basis is usually the same as the basis of the property you transferred. How to file an amended tax return 2011 A nontaxable gain or loss is also known as an unrecognized gain or loss. How to file an amended tax return 2011 Like-Kind Exchanges The exchange of property for the same kind of property is the most common type of nontaxable exchange. How to file an amended tax return 2011 To qualify as a like-kind exchange, you must hold for business or investment purposes both the property you transfer and the property you receive. How to file an amended tax return 2011 There must also be an exchange of like-kind property. How to file an amended tax return 2011 For more information, see Like-Kind Exchanges in Publication 544. How to file an amended tax return 2011 The basis of the property you receive is the same as the basis of the property you gave up. How to file an amended tax return 2011 Example. How to file an amended tax return 2011 You exchange real estate (adjusted basis $50,000, FMV $80,000) held for investment for other real estate (FMV $80,000) held for investment. How to file an amended tax return 2011 Your basis in the new property is the same as the basis of the old ($50,000). How to file an amended tax return 2011 Exchange expenses. How to file an amended tax return 2011   Exchange expenses are generally the closing costs you pay. How to file an amended tax return 2011 They include such items as brokerage commissions, attorney fees, deed preparation fees, etc. How to file an amended tax return 2011 Add them to the basis of the like-kind property received. How to file an amended tax return 2011 Property plus cash. How to file an amended tax return 2011   If you trade property in a like-kind exchange and also pay money, the basis of the property received is the basis of the property you gave up increased by the money you paid. How to file an amended tax return 2011 Example. How to file an amended tax return 2011 You trade in a truck (adjusted basis $3,000) for another truck (FMV $7,500) and pay $4,000. How to file an amended tax return 2011 Your basis in the new truck is $7,000 (the $3,000 basis of the old truck plus the $4,000 paid). How to file an amended tax return 2011 Special rules for related persons. How to file an amended tax return 2011   If a like-kind exchange takes place directly or indirectly between related persons and either party disposes of the property within 2 years after the exchange, the exchange no longer qualifies for like-kind exchange treatment. How to file an amended tax return 2011 Each person must report any gain or loss not recognized on the original exchange. How to file an amended tax return 2011 Each person reports it on the tax return filed for the year in which the later disposition occurs. How to file an amended tax return 2011 If this rule applies, the basis of the property received in the original exchange will be its fair market value. How to file an amended tax return 2011   These rules generally do not apply to the following kinds of property dispositions. How to file an amended tax return 2011 Dispositions due to the death of either related person, Involuntary conversions, and Dispositions in which neither the original exchange nor the subsequent disposition had as a main purpose the avoidance of federal income tax. How to file an amended tax return 2011 Related persons. How to file an amended tax return 2011   Generally, related persons are ancestors, lineal descendants, brothers and sisters (whole or half), and a spouse. How to file an amended tax return 2011   For other related persons (for example, two corporations, an individual and a corporation, a grantor and fiduciary, etc. How to file an amended tax return 2011 ), see Nondeductible Loss in chapter 2 of Publication 544. How to file an amended tax return 2011 Exchange of business property. How to file an amended tax return 2011   Exchanging the assets of one business for the assets of another business is a multiple property exchange. How to file an amended tax return 2011 For information on figuring basis, see Multiple Property Exchanges in chapter 1 of Publication 544. How to file an amended tax return 2011 Partially Nontaxable Exchange A partially nontaxable exchange is an exchange in which you receive unlike property or money in addition to like property. How to file an amended tax return 2011 The basis of the property you receive is the same as the basis of the property you gave up, with the following adjustments. How to file an amended tax return 2011 Decrease the basis by the following amounts. How to file an amended tax return 2011 Any money you receive, and Any loss you recognize on the exchange. How to file an amended tax return 2011 Increase the basis by the following amounts. How to file an amended tax return 2011 Any additional costs you incur, and Any gain you recognize on the exchange. How to file an amended tax return 2011 If the other party to the exchange assumes your liabilities, treat the debt assumption as money you received in the exchange. How to file an amended tax return 2011 Example. How to file an amended tax return 2011 You traded a truck (adjusted basis $6,000) for a new truck (FMV $5,200) and $1,000 cash. How to file an amended tax return 2011 You realized a gain of $200 ($6,200 − $6,000). How to file an amended tax return 2011 This is the FMV of the truck received plus the cash minus the adjusted basis of the truck you traded ($5,200 + $1,000 – $6,000). How to file an amended tax return 2011 You include all the gain in income (recognized gain) because the gain is less than the cash received. How to file an amended tax return 2011 Your basis in the new truck is: Adjusted basis of old truck $6,000 Minus: Cash received (adjustment 1(a)) 1,000   $5,000 Plus: Gain recognized (adjustment 2(b)) 200 Basis of new truck $5,200 Allocation of basis. How to file an amended tax return 2011   Allocate the basis first to the unlike property, other than money, up to its FMV on the date of the exchange. How to file an amended tax return 2011 The rest is the basis of the like property. How to file an amended tax return 2011 Example. How to file an amended tax return 2011 You had an adjusted basis of $15,000 in real estate you held for investment. How to file an amended tax return 2011 You exchanged it for other real estate to be held for investment with an FMV of $12,500, a truck with an FMV of $3,000, and $1,000 cash. How to file an amended tax return 2011 The truck is unlike property. How to file an amended tax return 2011 You realized a gain of $1,500 ($16,500 − $15,000). How to file an amended tax return 2011 This is the FMV of the real estate received plus the FMV of the truck received plus the cash minus the adjusted basis of the real estate you traded ($12,500 + $3,000 + $1,000 – $15,000). How to file an amended tax return 2011 You include in income (recognize) all $1,500 of the gain because it is less than the FMV of the unlike property plus the cash received. How to file an amended tax return 2011 Your basis in the properties you received is figured as follows. How to file an amended tax return 2011 Adjusted basis of real estate transferred $15,000 Minus: Cash received (adjustment 1(a)) 1,000   $14,000 Plus: Gain recognized (adjustment 2(b)) 1,500 Total basis of properties received $15,500 Allocate the total basis of $15,500 first to the unlike property — the truck ($3,000). How to file an amended tax return 2011 This is the truck's FMV. How to file an amended tax return 2011 The rest ($12,500) is the basis of the real estate. How to file an amended tax return 2011 Sale and Purchase If you sell property and buy similar property in two mutually dependent transactions, you may have to treat the sale and purchase as a single nontaxable exchange. How to file an amended tax return 2011 Example. How to file an amended tax return 2011 You are a salesperson and you use one of your cars 100% for business. How to file an amended tax return 2011 You have used this car in your sales activities for 2 years and have depreciated it. How to file an amended tax return 2011 Your adjusted basis in the car is $22,600 and its FMV is $23,100. How to file an amended tax return 2011 You are interested in a new car, which sells for $28,000. How to file an amended tax return 2011 If you trade your old car and pay $4,900 for the new one, your basis for depreciation for the new car would be $27,500 ($4,900 plus the $22,600 basis of your old car). How to file an amended tax return 2011 However, you want a higher basis for depreciating the new car, so you agree to pay the dealer $28,000 for the new car if he will pay you $23,100 for your old car. How to file an amended tax return 2011 Because the two transactions are dependent on each other, you are treated as having exchanged your old car for the new one and paid $4,900 ($28,000 − $23,100). How to file an amended tax return 2011 Your basis for depreciating the new car is $27,500, the same as if you traded the old car. How to file an amended tax return 2011 Partial Business Use of Property If you have property used partly for business and partly for personal use, and you exchange it in a nontaxable exchange for property to be used wholly or partly in your business, the basis of the property you receive is figured as if you had exchanged two properties. How to file an amended tax return 2011 The first is an exchange of like-kind property. How to file an amended tax return 2011 The second is personal-use property on which gain is recognized and loss is not recognized. How to file an amended tax return 2011 First, figure your adjusted basis in the property as if you transferred two separate properties. How to file an amended tax return 2011 Figure the adjusted basis of each part of the property by taking into account any adjustments to basis. How to file an amended tax return 2011 Deduct the depreciation you took or could have taken from the adjusted basis of the business part. How to file an amended tax return 2011 Then figure the amount realized for your property and allocate it to the business and nonbusiness parts of the property. How to file an amended tax return 2011 The business part of the property is permitted to be exchanged tax free. How to file an amended tax return 2011 However, you must recognize any gain from the exchange of the nonbusiness part. How to file an amended tax return 2011 You are deemed to have received, in exchange for the nonbusiness part, an amount equal to its FMV on the date of the exchange. How to file an amended tax return 2011 The basis of the property you acquired is the total basis of the property transferred (adjusted to the date of the exchange), increased by any gain recognized on the nonbusiness part. How to file an amended tax return 2011 If the nonbusiness part of the property transferred is your main home, you may qualify to exclude from income all or part of the gain on that part. How to file an amended tax return 2011 For more information, see Publication 523. How to file an amended tax return 2011 Trade of car used partly in business. How to file an amended tax return 2011   If you trade in a car you used partly in your business for another car you will use in your business, your basis for depreciation of the new car is not the same as your basis for figuring a gain or loss on its sale. How to file an amended tax return 2011   For information on figuring your basis for depreciation, see Publication 463. How to file an amended tax return 2011 Property Transferred From a Spouse The basis of property transferred to you or transferred in trust for your benefit by your spouse (or former spouse if the transfer is incident to divorce), is the same as your spouse's adjusted basis. How to file an amended tax return 2011 However, adjust your basis for any gain recognized by your spouse or former spouse on property transferred in trust. How to file an amended tax return 2011 This rule applies only to a transfer of property in trust in which the liabilities assumed, plus the liabilities to which the property is subject, are more than the adjusted basis of the property transferred. How to file an amended tax return 2011 If the property transferred to you is a series E, series EE, or series I United States savings bond, the transferor must include in income the interest accrued to the date of transfer. How to file an amended tax return 2011 Your basis in the bond immediately after the transfer is equal to the transferor's basis increased by the interest income includible in the transferor's income. How to file an amended tax return 2011 For more information on these bonds, see Publication 550. How to file an amended tax return 2011 At the time of the transfer, the transferor must give you the records necessary to determine the adjusted basis and holding period of the property as of the date of transfer. How to file an amended tax return 2011 For more information, see Publication 504, Divorced or Separated Individuals. How to file an amended tax return 2011 Property Received as a Gift To figure the basis of property you receive as a gift, you must know its adjusted basis (defined earlier) to the donor just before it was given to you, its FMV at the time it was given to you, and any gift tax paid on it. How to file an amended tax return 2011 FMV Less Than Donor's Adjusted Basis If the FMV of the property at the time of the gift is less than the donor's adjusted basis, your basis depends on whether you have a gain or a loss when you dispose of the property. How to file an amended tax return 2011 Your basis for figuring gain is the same as the donor's adjusted basis plus or minus any required adjustment to basis while you held the property. How to file an amended tax return 2011 Your basis for figuring loss is its FMV when you received the gift plus or minus any required adjustment to basis while you held the property (see Adjusted Basis earlier). How to file an amended tax return 2011 If you use the donor's adjusted basis for figuring a gain and get a loss, and then use the FMV for figuring a loss and have a gain, you have neither gain nor loss on the sale or disposition of the property. How to file an amended tax return 2011 Example. How to file an amended tax return 2011 You received an acre of land as a gift. How to file an amended tax return 2011 At the time of the gift, the land had an FMV of $8,000. How to file an amended tax return 2011 The donor's adjusted basis was $10,000. How to file an amended tax return 2011 After you received the land, no events occurred to increase or decrease your basis. How to file an amended tax return 2011 If you sell the land for $12,000, you will have a $2,000 gain because you must use the donor's adjusted basis ($10,000) at the time of the gift as your basis to figure gain. How to file an amended tax return 2011 If you sell the land for $7,000, you will have a $1,000 loss because you must use the FMV ($8,000) at the time of the gift as your basis to figure a loss. How to file an amended tax return 2011 If the sales price is between $8,000 and $10,000, you have neither gain nor loss. How to file an amended tax return 2011 For instance, if the sales price was $9,000 and you tried to figure a gain using the donor's adjusted basis ($10,000), you would get a $1,000 loss. How to file an amended tax return 2011 If you then tried to figure a loss using the FMV ($8,000), you would get a $1,000 gain. How to file an amended tax return 2011 Business property. How to file an amended tax return 2011   If you hold the gift as business property, your basis for figuring any depreciation, depletion, or amortization deduction is the same as the donor's adjusted basis plus or minus any required adjustments to basis while you hold the property. How to file an amended tax return 2011 FMV Equal to or More Than Donor's Adjusted Basis If the FMV of the property is equal to or greater than the donor's adjusted basis, your basis is the donor's adjusted basis at the time you received the gift. How to file an amended tax return 2011 Increase your basis by all or part of any gift tax paid, depending on the date of the gift. How to file an amended tax return 2011 Also, for figuring gain or loss from a sale or other disposition of the property, or for figuring depreciation, depletion, or amortization deductions on business property, you must increase or decrease your basis by any required adjustments to basis while you held the property. How to file an amended tax return 2011 See Adjusted Basis earlier. How to file an amended tax return 2011 Gift received before 1977. How to file an amended tax return 2011   If you received a gift before 1977, increase your basis in the gift (the donor's adjusted basis) by any gift tax paid on it. How to file an amended tax return 2011 However, do not increase your basis above the FMV of the gift at the time it was given to you. How to file an amended tax return 2011 Example 1. How to file an amended tax return 2011 You were given a house in 1976 with an FMV of $21,000. How to file an amended tax return 2011 The donor's adjusted basis was $20,000. How to file an amended tax return 2011 The donor paid a gift tax of $500. How to file an amended tax return 2011 Your basis is $20,500, the donor's adjusted basis plus the gift tax paid. How to file an amended tax return 2011 Example 2. How to file an amended tax return 2011 If, in Example 1, the gift tax paid had been $1,500, your basis would be $21,000. How to file an amended tax return 2011 This is the donor's adjusted basis plus the gift tax paid, limited to the FMV of the house at the time you received the gift. How to file an amended tax return 2011 Gift received after 1976. How to file an amended tax return 2011   If you received a gift after 1976, increase your basis in the gift (the donor's adjusted basis) by the part of the gift tax paid on it that is due to the net increase in value of the gift. How to file an amended tax return 2011 Figure the increase by multiplying the gift tax paid by a fraction. How to file an amended tax return 2011 The numerator of the fraction is the net increase in value of the gift and the denominator is the amount of the gift. How to file an amended tax return 2011   The net increase in value of the gift is the FMV of the gift less the donor's adjusted basis. How to file an amended tax return 2011 The amount of the gift is its value for gift tax purposes after reduction by any annual exclusion and marital or charitable deduction that applies to the gift. How to file an amended tax return 2011 For information on the gift tax, see Publication 950, Introduction to Estate and Gift Taxes. How to file an amended tax return 2011 Example. How to file an amended tax return 2011 In 2010, you received a gift of property from your mother that had an FMV of $50,000. How to file an amended tax return 2011 Her adjusted basis was $20,000. How to file an amended tax return 2011 The amount of the gift for gift tax purposes was $37,000 ($50,000 minus the $13,000 annual exclusion). How to file an amended tax return 2011 She paid a gift tax of $9,000. How to file an amended tax return 2011 Your basis, $27,290, is figured as follows: Fair market value $50,000 Minus: Adjusted basis 20,000 Net increase in value $30,000 Gift tax paid $9,000 Multiplied by ($30,000 ÷ $37,000) . How to file an amended tax return 2011 81 Gift tax due to net increase in value $7,290 Adjusted basis of property to your mother 20,000 Your basis in the property $27,290 Inherited Property Special rules apply to property acquired from a decedent who died in 2010. How to file an amended tax return 2011 See Publication 4895, Tax Treatment of Property Acquired From a Decedent Dying in 2010, for details. How to file an amended tax return 2011 If you inherited property from a decedent who died before 2010, your basis in property you inherit from a decedent is generally one of the following. How to file an amended tax return 2011 The FMV of the property at the date of the individual's death. How to file an amended tax return 2011 The FMV on the alternate valuation date if the personal representative for the estate chooses to use alternate valuation. How to file an amended tax return 2011 For information on the alternate valuation date, see the Instructions for Form 706. How to file an amended tax return 2011 The value under the special-use valuation method for real property used in farming or a closely held business if chosen for estate tax purposes. How to file an amended tax return 2011 This method is discussed later. How to file an amended tax return 2011 The decedent's adjusted basis in land to the extent of the value excluded from the decedent's taxable estate as a qualified conservation easement. How to file an amended tax return 2011 For information on a qualified conservation easement, see the Instructions for Form 706. How to file an amended tax return 2011 If a federal estate tax return does not have to be filed, your basis in the inherited property is its appraised value at the date of death for state inheritance or transmission taxes. How to file an amended tax return 2011 For more information, see the Instructions for Form 706. How to file an amended tax return 2011 Appreciated property. How to file an amended tax return 2011   The above rule does not apply to appreciated property you receive from a decedent if you or your spouse originally gave the property to the decedent within 1 year before the decedent's death. How to file an amended tax return 2011 Your basis in this property is the same as the decedent's adjusted basis in the property immediately before his or her death, rather than its FMV. How to file an amended tax return 2011 Appreciated property is any property whose FMV on the day it was given to the decedent is more than its adjusted basis. How to file an amended tax return 2011 Community Property In community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin), husband and wife are each usually considered to own half the community property. How to file an amended tax return 2011 When either spouse dies, the total value of the community property, even the part belonging to the surviving spouse, generally becomes the basis of the entire property. How to file an amended tax return 2011 For this rule to apply, at least half the value of the community property interest must be includable in the decedent's gross estate, whether or not the estate must file a return. How to file an amended tax return 2011 For example, you and your spouse owned community property that had a basis of $80,000. How to file an amended tax return 2011 When your spouse died, half the FMV of the community interest was includible in your spouse's estate. How to file an amended tax return 2011 The FMV of the community interest was $100,000. How to file an amended tax return 2011 The basis of your half of the property after the death of your spouse is $50,000 (half of the $100,000 FMV). How to file an amended tax return 2011 The basis of the other half to your spouse's heirs is also $50,000. How to file an amended tax return 2011 For more information on community property, see Publication 555, Community Property. How to file an amended tax return 2011 Property Held by Surviving Tenant The following example explains the rule for the basis of property held by a surviving tenant in joint tenancy or tenancy by the entirety. How to file an amended tax return 2011 Example. How to file an amended tax return 2011 John and Jim owned, as joint tenants with right of survivorship, business property they purchased for $30,000. How to file an amended tax return 2011 John furnished two-thirds of the purchase price and Jim furnished one-third. How to file an amended tax return 2011 Depreciation deductions allowed before John's death were $12,000. How to file an amended tax return 2011 Under local law, each had a half interest in the income from the property. How to file an amended tax return 2011 At the date of John's death, the property had an FMV of $60,000, two-thirds of which is includable in John's estate. How to file an amended tax return 2011 Jim figures his basis in the property at the date of John's death as follows: Interest Jim bought with his own funds—1/3 of $30,000 cost $10,000   Interest Jim received on John's death—2/3 of $60,000 FMV 40,000 $50,000 Minus: ½ of $12,000 depreciation before John's death 6,000 Jim's basis at the date of John's death $44,000 If Jim had not contributed any part of the purchase price, his basis at the date of John's death would be $54,000. How to file an amended tax return 2011 This is figured by subtracting from the $60,000 FMV, the $6,000 depreciation allocated to Jim's half interest before the date of death. How to file an amended tax return 2011 If under local law Jim had no interest in the income from the property and he contributed no part of the purchase price, his basis at John's death would be $60,000, the FMV of the property. How to file an amended tax return 2011 Qualified Joint Interest Include one-half of the value of a qualified joint interest in the decedent's gross estate. How to file an amended tax return 2011 It does not matter how much each spouse contributed to the purchase price. How to file an amended tax return 2011 Also, it does not matter which spouse dies first. How to file an amended tax return 2011 A qualified joint interest is any interest in property held by husband and wife as either of the following. How to file an amended tax return 2011 Tenants by the entirety, or Joint tenants with right of survivorship if husband and wife are the only joint tenants. How to file an amended tax return 2011 Basis. How to file an amended tax return 2011   As the surviving spouse, your basis in property you owned with your spouse as a qualified joint interest is the cost of your half of the property with certain adjustments. How to file an amended tax return 2011 Decrease the cost by any deductions allowed to you for depreciation and depletion. How to file an amended tax return 2011 Increase the reduced cost by your basis in the half you inherited. How to file an amended tax return 2011 Farm or Closely Held Business Under certain conditions, when a person dies the executor or personal representative of that person's estate can choose to value the qualified real property on other than its FMV. How to file an amended tax return 2011 If so, the executor or personal representative values the qualified real property based on its use as a farm or its use in a closely held business. How to file an amended tax return 2011 If the executor or personal representative chooses this method of valuation for estate tax purposes, that value is the basis of the property for the heirs. How to file an amended tax return 2011 Qualified heirs should be able to get the necessary value from the executor or personal representative of the estate. How to file an amended tax return 2011 Special-use valuation. How to file an amended tax return 2011   If you are a qualified heir who received special-use valuation property, your basis in the property is the estate's or trust's basis in that property immediately before the distribution. How to file an amended tax return 2011 Increase your basis by any gain recognized by the estate or trust because of post-death appreciation. How to file an amended tax return 2011 Post-death appreciation is the property's FMV on the date of distribution minus the property's FMV either on the date of the individual's death or the alternate valuation date. How to file an amended tax return 2011 Figure all FMVs without regard to the special-use valuation. How to file an amended tax return 2011   You can elect to increase your basis in special-use valuation property if it becomes subject to the additional estate tax. How to file an amended tax return 2011 This tax is assessed if, within 10 years after the death of the decedent, you transfer the property to a person who is not a member of your family or the property stops being used as a farm or in a closely held business. How to file an amended tax return 2011   To increase your basis in the property, you must make an irrevocable election and pay interest on the additional estate tax figured from the date 9 months after the decedent's death until the date of the payment of the additional estate tax. How to file an amended tax return 2011 If you meet these requirements, increase your basis in the property to its FMV on the date of the decedent's death or the alternate valuation date. How to file an amended tax return 2011 The increase in your basis is considered to have occurred immediately before the event that results in the additional estate tax. How to file an amended tax return 2011   You make the election by filing with Form 706-A a statement that does all of the following. How to file an amended tax return 2011 Contains your name, address, and taxpayer identification number and those of the estate; Identifies the election as an election under section 1016(c) of the Internal Revenue Code; Specifies the property for which the election is made; and Provides any additional information required by the Instructions for Form 706-A. How to file an amended tax return 2011   For more information, see the Instructions for Form 706 and the Instructions for Form 706-A. How to file an amended tax return 2011 Property Changed to Business or Rental Use If you hold property for personal use and then change it to business use or use it to produce rent, you must figure its basis for depreciation. How to file an amended tax return 2011 An example of changing property held for personal use to business use would be renting out your former main home. How to file an amended tax return 2011 Basis for depreciation. How to file an amended tax return 2011   The basis for depreciation is the lesser of the following amounts. How to file an amended tax return 2011 The FMV of the property on the date of the change, or Your adjusted basis on the date of the change. How to file an amended tax return 2011 Example. How to file an amended tax return 2011 Several years ago you paid $160,000 to have your home built on a lot that cost $25,000. How to file an amended tax return 2011 You paid $20,000 for permanent improvements to the house and claimed a $2,000 casualty loss deduction for damage to the house before changing the property to rental use last year. How to file an amended tax return 2011 Because land is not depreciable, you include only the cost of the house when figuring the basis for depreciation. How to file an amended tax return 2011 Your adjusted basis in the house when you changed its use was $178,000 ($160,000 + $20,000 − $2,000). How to file an amended tax return 2011 On the same date, your property had an FMV of $180,000, of which $15,000 was for the land and $165,000 was for the house. How to file an amended tax return 2011 The basis for figuring depreciation on the house is its FMV on the date of change ($165,000) because it is less than your adjusted basis ($178,000). How to file an amended tax return 2011 Sale of property. How to file an amended tax return 2011   If you later sell or dispose of property changed to business or rental use, the basis of the property you use will depend on whether you are figuring gain or loss. How to file an amended tax return 2011 Gain. How to file an amended tax return 2011   The basis for figuring a gain is your adjusted basis when you sell the property. How to file an amended tax return 2011 Example. How to file an amended tax return 2011 Assume the same facts as in the previous example except that you sell the property at a gain after being allowed depreciation deductions of $37,500. How to file an amended tax return 2011 Your adjusted basis for figuring gain is $165,500 ($178,000 + $25,000 (land) − $37,500). How to file an amended tax return 2011 Loss. How to file an amended tax return 2011   Figure the basis for a loss starting with the smaller of your adjusted basis or the FMV of the property at the time of the change to business or rental use. How to file an amended tax return 2011 Then adjust this amount for the period after the change in the property's use, as discussed earlier under Adjusted Basis, to arrive at a basis for loss. How to file an amended tax return 2011 Example. How to file an amended tax return 2011 Assume the same facts as in the previous example, except that you sell the property at a loss after being allowed depreciation deductions of $37,500. How to file an amended tax return 2011 In this case, you would start with the FMV on the date of the change to rental use ($180,000) because it is less than the adjusted basis of $203,000 ($178,000 + $25,000) on that date. How to file an amended tax return 2011 Reduce that amount ($180,000) by the depreciation deductions to arrive at a basis for loss of $142,500 ($180,000 − $37,500). How to file an amended tax return 2011 How To Get Tax Help You can get help with unresolved tax issues, order free publications and forms, ask tax questions, and get more information from the IRS in several ways. How to file an amended tax return 2011 By selecting the method that is best for you, you will have quick and easy access to tax help. How to file an amended tax return 2011 Contacting your Taxpayer Advocate. How to file an amended tax return 2011   The Taxpayer Advocate Service (TAS) is an independent organization within the IRS. How to file an amended tax return 2011 We help taxpayers who are experiencing economic harm, such as not being able to provide necessities like housing, transportation, or food; taxpayers who are seeking help in resolving tax problems with the IRS; and those who believe that an IRS system or procedure is not working as it should. How to file an amended tax return 2011 Here are seven things every taxpayer should know about TAS. How to file an amended tax return 2011 TAS is your voice at the IRS. How to file an amended tax return 2011 Our service is free, confidential, and tailored to meet your needs. How to file an amended tax return 2011 You may be eligible for our help if you have tried to resolve your tax problem through normal IRS channels and have gotten nowhere, or you believe an IRS procedure just isn't working as it should. How to file an amended tax return 2011 We help taxpayers whose problems are causing financial difficulty or significant cost, including the cost of professional representation. How to file an amended tax return 2011 This includes businesses as well as individuals. How to file an amended tax return 2011 Our employees know the IRS and how to navigate it. How to file an amended tax return 2011 If you qualify for our help, we'll assign your case to an advocate who will listen to your problem, help you understand what needs to be done to resolve it, and stay with you every step of the way until your problem is resolved. How to file an amended tax return 2011 We have at least one local taxpayer advocate in every state, the District of Columbia, and Puerto Rico. How to file an amended tax return 2011 You can call your local advocate, whose number is in your phone book, in Publication 1546, Taxpayer Advocate Service—Your Voice at the IRS, and on our website at www. How to file an amended tax return 2011 irs. How to file an amended tax return 2011 gov/advocate. How to file an amended tax return 2011 You can also call our toll-free line at 1-877-777-4778 or TTY/TDD 1-800-829-4059. How to file an amended tax return 2011 You can learn about your rights and responsibilities as a taxpayer by visiting our online tax toolkit at www. How to file an amended tax return 2011 taxtoolkit. How to file an amended tax return 2011 irs. How to file an amended tax return 2011 gov. How to file an amended tax return 2011 You can get updates on hot tax topics by visiting our YouTube channel at www. How to file an amended tax return 2011 youtube. How to file an amended tax return 2011 com/tasnta and our Facebook page at www. How to file an amended tax return 2011 facebook. How to file an amended tax return 2011 com/YourVoiceAtIRS, or by following our tweets at www. How to file an amended tax return 2011 twitter. How to file an amended tax return 2011 com/YourVoiceAtIRS. How to file an amended tax return 2011 Low Income Taxpayer Clinics (LITCs). How to file an amended tax return 2011   The Low Income Taxpayer Clinic program serves individuals who have a problem with the IRS and whose income is below a certain level. How to file an amended tax return 2011 LITCs are independent from the IRS. How to file an amended tax return 2011 Most LITCs can provide representation before the IRS or in court on audits, tax collection disputes, and other issues for free or a small fee. How to file an amended tax return 2011 If an individual's native language is not English, some clinics can provide multilingual information about taxpayer rights and responsibilities. How to file an amended tax return 2011 For more information, see Publication 4134, Low Income Taxpayer Clinic List. How to file an amended tax return 2011 This publication is available at IRS. How to file an amended tax return 2011 gov, by calling 1-800-TAX-FORM (1-800-829-3676), or at your local IRS office. How to file an amended tax return 2011 Free tax services. How to file an amended tax return 2011   Publication 910, IRS Guide to Free Tax Services, is your guide to IRS services and resources. How to file an amended tax return 2011 Learn about free tax information from the IRS, including publications, services, and education and assistance programs. How to file an amended tax return 2011 The publication also has an index of over 100 TeleTax topics (recorded tax information) you can listen to on the telephone. How to file an amended tax return 2011 The majority of the information and services listed in this publication are available to you free of charge. How to file an amended tax return 2011 If there is a fee associated with a resource or service, it is listed in the publication. How to file an amended tax return 2011   Accessible versions of IRS published products are available on request in a variety of alternative formats for people with d
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IRS - Taxpayer Compliance Research

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The IRS seeks to help taxpayers comply with their tax obligations voluntarily and timely. The articles and publications on this page contain research related to taxpayer compliance. Compliance measurement research, also known as the tax gap, examines how much tax is not paid voluntarily and timely. Another set of research looks at the causes of taxpayer compliance.

All files on this page are available in Adobe® PDF format, which requires the free Adobe Acrobat® reader to view and print the file.


Tax Gap

Federal Tax Compliance Research: Individual Income Tax Gap Estimates for 1985, 1988, and 1992

Author:

IRS, Compliance Research

Publication date: April 1996, revised
Written for:

Publication 1415

Federal Tax Compliance Research: Gross and Net Employment Tax Gap Estimates for 1984-1997

Author:

IRS, Research Division

Publication date: October 1993, revised
Written for: Publication 1415-E

Income Tax Compliance Research: Net Tax Gap and Remittance Gap Estimates

Author:

IRS Research Division

Publication date: April 1990, revised
Written for:

Publication 1415


Compliance Analysis

Statistical Analysis of Compliance Using the NRP Data: Detection Controlled Models

Author:

Jonathan Feinstein
Yale University

Publication date: June 2004
Written for: 2004 IRS Research Conference
       
Trends as Changes in Variance: The Case of Tax Noncompliance
Author: Kim M. Bloomquist
IRS
Publication date: June 2003
Written for: 2003 IRS Research Conference
                                                   
IRS's Comprehensive Approach to Compliance Measurement
Authors: Robert E. Brown, IRS, National Research Program,
Mark J. Mazur, IRS, Research, Analysis, and Statistics
Publication date: June 2003
Written for: 2003 National Tax Association Spring Symposium
                                                  
Developing an Econometric Model for Measuring Tax Noncompliance Using Operational Audit Data
Authors: Brian Erard, B. Erard and Associates,
Chih-Chin Ho, IRS
Publication date: August 2002
Written for: 2002 American Statistical Association Conference
                                                                 
Compliance Estimates for Earned Income Tax Credit Claimed on 1999 Returns
Author: IRS
Publication date: June 2002
Written for: 2002 IRS Research Conference
                                                  
Compliance Measurement and Workload Selection with Operational Audit Data
Author: Brian Erard, B. Erard and Associates
Publication date: June 2002
Written for: 2002 IRS Research Conference
                                  
Trends in Book-Tax Income and Balance Sheet Differences
Authors:

Lillian Mills and Kaye Newberry, University of Arizona,
William B. Trautman, IRS, Large and Mid-Size Business Division

Publication date: June 2002
Written for: 2002 IRS Research Conference
                                        
Nonfiler Profiles, Fiscal Year 1993: A Focus on Repeaters
Author: Laura R. Rosage
IRS
Publication date: 1996
Written for: SOI Bulletin, Summer Issue
                                                


Determinants of Taxpayer Compliance

Audit Information Dissemination, Taxpayer Communication, and Compliance: An Experimental Approach
Authors:

James Alm, Georgia State University,
Betty Jackson, University of Colorado at Boulder,
Michael McKee, University of Tennessee at Knoxville

Publication date: June 2004 
Written for: 2004 IRS Research Conference 
    
                          
Criminal Investigation Enforcement Activities and Taxpayer Noncompliance
Author:

Jeffrey Dubin
California Institute of Technology

Publication date: June 2004
Written for: 2004 IRS Research Conference
                                                   
Tax Evasion, Income Inequality and Opportunity Costs of Compliance
Author: Kim M. Bloomquist,
IRS, Office of Research
Publication date: November 2003
Written for: 2003 National Tax Association Annual Conference
                                                  
Economic and Behavioral Determinants of Tax Compliance: Evidence from the 1997 Arkansas Tax Penalty Amnesty Program
Authors: Christina M. Ritsema, Hope College,
Deborah W. Thomas and Gary D. Ferrier, University of Arkansas
Publication date: June 2003
Written for: 2003 IRS Research Conference
                                                                 
The Impact of the IRS on Voluntary Tax Compliance: Preliminary Empirical Results
Author: Alan H. Plumley, Technical Advisor,
IRS, Office of Research
Publication date: November 2002
Written for: 2002 National Tax Association Conference
                                                  
The Determinants of Individual Income Tax Compliance: Estimating the Impacts of Tax Policy, Enforcement and IRS Responsiveness
Author: Alan H. Plumley, Technical Advisor,
IRS, Office of Research
Publication date: November 1996, revised
Written for: IRS Publication 1916



 

 

 

  

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Page Last Reviewed or Updated: 12-Mar-2014

The How To File An Amended Tax Return 2011

How to file an amended tax return 2011 35. How to file an amended tax return 2011   Education Credits Table of Contents Introduction Useful Items - You may want to see: Who Can Claim an Education Credit Qualified Education ExpensesNo Double Benefit Allowed Adjustments to Qualified Education Expenses Introduction For 2013, there are two tax credits available to persons who pay expenses for higher (postsecondary) education. How to file an amended tax return 2011 They are: The American opportunity credit, and The lifetime learning credit. How to file an amended tax return 2011 The chapter will present an overview of these education credits. How to file an amended tax return 2011 To get the detailed information you will need to claim either of the credits, and for examples illustrating that information, see chapters 2 and 3 of Publication 970. How to file an amended tax return 2011 Can you claim more than one education credit this year?   For each student, you can choose for any year only one of the credits. How to file an amended tax return 2011 For example, if you choose to take the American opportunity credit for a child on your 2013 tax return, you cannot, for that same child, also claim the lifetime learning credit for 2013. How to file an amended tax return 2011   If you are eligible to claim the American opportunity credit and you are also eligible to claim the lifetime learning credit for the same student in the same year, you can choose to claim either credit, but not both. How to file an amended tax return 2011   If you pay qualified education expenses for more than one student in the same year, you can choose to take the American opportunity and the lifetime learning credits on a per-student, per-year basis. How to file an amended tax return 2011 This means that, for example, you can claim the American opportunity credit for one student and the lifetime learning credit for another student in the same year. How to file an amended tax return 2011 Table 35-1. How to file an amended tax return 2011 Comparison of Education Credits Caution. How to file an amended tax return 2011 You can claim both the American opportunity credit and the lifetime learning credit on the same return—but not for the same student. How to file an amended tax return 2011   American Opportunity Credit Lifetime Learning Credit Maximum credit Up to $2,500 credit per eligible student Up to $2,000 credit per return Limit on modified adjusted gross income (MAGI) $180,000 if married filing jointly;  $90,000 if single, head of household, or qualifying widow(er) $127,000 if married filing jointly;  $63,000 if single, head of household, or qualifying widow(er) Refundable or nonrefundable 40% of credit may be refundable Credit limited to the amount of tax you must pay on your taxable income Number of years of postsecondary education Available ONLY if the student had not completed the first 4 years of postsecondary education before 2013 Available for all years of postsecondary education and for courses to acquire or improve job skills Number of tax years credit available Available ONLY for 4 tax years per eligible student (including any year(s) the Hope credit was claimed) Available for an unlimited number of years Type of program required Student must be pursuing a program leading to a degree or other recognized education credential Student does not need to be pursuing a program leading to a degree or other recognized education credential Number of courses Student must be enrolled at least half time for at least one academic period beginning during the tax year Available for one or more courses Felony drug conviction At the end of 2013, the student had not been convicted of a felony for possessing or distributing a controlled substance Felony drug convictions do not make the student ineligible Qualified expenses Tuition, required enrollment fees, and course materials that the student needs for a course of study whether or not the materials are bought at the educational institution as a condition of enrollment or attendance Tuition and fees required for enrollment or attendance (including amounts required to be paid to the institution for course-related books, supplies, and equipment) Payments for academic periods Payments made in 2013 for academic periods beginning in 2013 or beginning in the first 3 months of 2014 Differences between the American opportunity and lifetime learning credits. How to file an amended tax return 2011   There are several differences between these two credits. How to file an amended tax return 2011 These differences are summarized in Table 35-1, later. How to file an amended tax return 2011 Useful Items - You may want to see: Publication 970 Tax Benefits for Education Form (and Instructions) 8863 Education Credits (American Opportunity and Lifetime Learning Credits) Who Can Claim an Education Credit You may be able to claim an education credit if you, your spouse, or a dependent you claim on your tax return was a student enrolled at or attending an eligible educational institution. How to file an amended tax return 2011 The credits are based on the amount of qualified education expenses paid for the student in 2013 for academic periods beginning in 2013 and in the first 3 months of 2014. How to file an amended tax return 2011 For example, if you paid $1,500 in December 2013 for qualified tuition for the spring 2014 semester beginning in January 2014, you may be able to use that $1,500 in figuring your 2013 education credit(s). How to file an amended tax return 2011 Academic period. How to file an amended tax return 2011   An academic period includes a semester, trimester, quarter, or other period of study (such as a summer school session) as reasonably determined by an educational institution. How to file an amended tax return 2011 In the case of an educational institution that uses credit hours or clock hours and does not have academic terms, each payment period can be treated as an academic period. How to file an amended tax return 2011 Eligible educational institution. How to file an amended tax return 2011   An eligible educational institution is any college, university, vocational school, or other postsecondary educational institution eligible to participate in a student aid program administered by the U. How to file an amended tax return 2011 S. How to file an amended tax return 2011 Department of Education. How to file an amended tax return 2011 It includes virtually all accredited public, nonprofit, and proprietary (privately owned profit-making) postsecondary institutions. How to file an amended tax return 2011 The educational institution should be able to tell you if it is an eligible educational institution. How to file an amended tax return 2011   Certain educational institutions located outside the United States also participate in the U. How to file an amended tax return 2011 S. How to file an amended tax return 2011 Department of Education's Federal Student Aid (FSA) programs. How to file an amended tax return 2011 Who can claim a dependent's expenses. How to file an amended tax return 2011   If an exemption is allowed as a deduction for any person who claims the student as a dependent, all qualified education expenses of the student are treated as having been paid by that person. How to file an amended tax return 2011 Therefore, only that person can claim an education credit for the student. How to file an amended tax return 2011 If a student is not claimed as a dependent on another person's tax return, only the student can claim a credit. How to file an amended tax return 2011 Expenses paid by a third party. How to file an amended tax return 2011   Qualified education expenses paid on behalf of the student by someone other than the student (such as a relative) are treated as paid by the student. How to file an amended tax return 2011 However, qualified education expenses paid (or treated as paid) by a student who is claimed as a dependent on your tax return are treated as paid by you. How to file an amended tax return 2011 Therefore, you are treated as having paid expenses that were paid by the third party. How to file an amended tax return 2011 For more information and an example see Who Can Claim a Dependent's Expenses in Pub. How to file an amended tax return 2011 970, chapter 2 or 3. How to file an amended tax return 2011 Who cannot claim a credit. How to file an amended tax return 2011   You cannot take an education credit if any of the following apply. How to file an amended tax return 2011 You are claimed as a dependent on another person's tax return, such as your parent's return. How to file an amended tax return 2011 Your filing status is married filing separately. How to file an amended tax return 2011 You (or your spouse) were a nonresident alien for any part of 2013 and did not elect to be treated as a resident alien for tax purposes. How to file an amended tax return 2011 Your MAGI is one of the following. How to file an amended tax return 2011 American opportunity credit: $180,000 or more if married filing jointly, or $90,000 or more if single, head of household, or qualifying widow(er). How to file an amended tax return 2011 Lifetime learning credit: $127,000 or more if married filing jointly, or $63,000 or more if single, head of household, or qualifying widow(er) . How to file an amended tax return 2011   Generally, your MAGI is the amount on your Form 1040, line 38, or Form 1040A, line 22. How to file an amended tax return 2011 However, if you are filing Form 2555, Form 2555–EZ, or Form 4563, or are excluding income from Puerto RIco, add to the amount on your Form 1040, line 38, or Form 1040A, line 22, the amount of income you excluded. How to file an amended tax return 2011 For details, see Pub. How to file an amended tax return 2011 970. How to file an amended tax return 2011    Figure 35-A may be helpful in determining if you can claim an education credit on your tax return. How to file an amended tax return 2011 The American opportunity credit will always be greater than or equal to the lifetime learning credit for any student who is eligible for both credits. How to file an amended tax return 2011 However, if any of the conditions for the American opportunity credit, listed in Table 35-1 earlier, are not met for any student, you cannot take the American opportunity credit for that student. How to file an amended tax return 2011 You may be able to take the lifetime learning credit for part or all of that student's qualified education expenses instead. How to file an amended tax return 2011 See Pub. How to file an amended tax return 2011 970 for information on other education benefits. How to file an amended tax return 2011 Qualified Education Expenses Generally, qualified education expenses are amounts paid in 2013 for tuition and fees required for the student's enrollment or attendance at an eligible educational institution. How to file an amended tax return 2011 It does not matter whether the expenses were paid in cash, by check, by credit or debit card, or with borrowed funds. How to file an amended tax return 2011 For course-related books, supplies, and equipment, only certain expenses qualify. How to file an amended tax return 2011 American opportunity credit: Qualified education expenses include amounts spent on books, supplies, and equipment needed for a course of study, whether or not the materials are purchased from the educational institution as a condition of enrollment or attendance. How to file an amended tax return 2011 Lifetime learning credit: Qualified education expenses include amounts for books, supplies, and equipment only if required to be paid to the institution as a condition of enrollment or attendance. How to file an amended tax return 2011 Qualified education expenses include nonacademic fees, such as student activity fees, athletic fees, or other expenses unrelated to the academic course of instruction, only if the fee must be paid to the institution as a condition of enrollment or attendance. How to file an amended tax return 2011 However, fees for personal expenses (described below) are never qualified education expenses. How to file an amended tax return 2011 Qualified education expenses for either credit do not include amounts paid for: Personal expenses. How to file an amended tax return 2011 This means room and board, insurance, medical expenses (including student health fees), transportation, and other similar personal, living, or family expenses. How to file an amended tax return 2011 Any course or other education involving sports, games, or hobbies, or any noncredit course, unless such course or other education is part of the student's degree program or (for the lifetime learning credit only) helps the student acquire or improve job skills. How to file an amended tax return 2011 You should receive Form 1098–T, Tuition Statement, from the institution reporting either payments received in 2013 (box 1) or amounts billed in 2013 (box 2). How to file an amended tax return 2011 However, the amount in box 1 or 2 of Form 1098–T may be different from the amount you paid (or are treated as having paid). How to file an amended tax return 2011 In completing Form 8863, use only the amounts you actually paid (plus any amounts you are treated as having paid) in 2013, reduced as necessary, as described in Adjustments to Qualified Education Expenses , later. How to file an amended tax return 2011 Qualified education expenses paid on behalf of the student by someone other than the student (such as a relative) are treated as paid by the student. How to file an amended tax return 2011 Qualified education expenses paid (or treated as paid) by a student who is claimed as a dependent on your tax return are treated as paid by you. How to file an amended tax return 2011 If you or the student takes a deduction for higher education expenses, such as on Schedule A or C (Form 1040), you cannot use those expenses in your qualified education expenses when figuring your education credits. How to file an amended tax return 2011 Qualified education expenses for any academic period must be reduced by any tax-free educational assistance allocable to that academic period. How to file an amended tax return 2011 See Adjustments to Qualified Education Expenses, later. How to file an amended tax return 2011 Prepaid Expenses. How to file an amended tax return 2011   Qualified education expenses paid in 2013 for an academic period that begins in the first 3 months of 2014 can be used in figuring an education credit for 2013 only. How to file an amended tax return 2011 See Academic period , earlier. How to file an amended tax return 2011 For example, if you pay $2,000 in December 2013 for qualified tuition for the 2014 winter quarter that begins in January 2014, you can use that $2,000 in figuring an education credit for 2013 only (if you meet all the other requirements). How to file an amended tax return 2011    You cannot use any amount you paid in 2012 or 2014 to figure the qualified education expenses you use to figure your 2013 education credit(s). How to file an amended tax return 2011 Paid with borrowed funds. How to file an amended tax return 2011   You can claim an education credit for qualified education expenses paid with the proceeds of a loan. How to file an amended tax return 2011 Use the expenses to figure the credit for the year in which the expenses are paid, not the year in which the loan is repaid. How to file an amended tax return 2011 Treat loan payments sent directly to the educational institution as paid on the date the institution credits the student's account. How to file an amended tax return 2011 Student withdraws from class(es). How to file an amended tax return 2011   You can claim an education credit for qualified education expenses not refunded when a student withdraws. How to file an amended tax return 2011 No Double Benefit Allowed You cannot do any of the following. How to file an amended tax return 2011 Deduct higher education expenses on your income tax return (as, for example, a business expense) and also claim an education credit based on those same expenses. How to file an amended tax return 2011 Claim more than one education credit based on the same qualified education expenses. How to file an amended tax return 2011 Claim an education credit based on the same expenses used to figure the tax-free portion of a distribution from a Coverdell education savings account (ESA) or qualified tuition program (QTP). How to file an amended tax return 2011 Claim an education credit based on qualified education expenses paid with educational assistance, such as a tax-free scholarship, grant, or employer-provided educational assistance. How to file an amended tax return 2011 See Adjustments to Qualified Education Expenses, next. How to file an amended tax return 2011 Adjustments to Qualified Education Expenses For each student, reduce the qualified education expenses paid in 2013 by or on behalf of that student under the following rules. How to file an amended tax return 2011 The result is the amount of adjusted qualified education expenses for each student. How to file an amended tax return 2011 Tax-free educational assistance. How to file an amended tax return 2011   For tax-free educational assistance received in 2013, reduce the qualified educational expenses for each academic period by the amount of tax-free educational assistance allocable to that academic period. How to file an amended tax return 2011 See Academic period , earlier. How to file an amended tax return 2011      Tax-free educational assistance includes:    Tax-free parts of scholarships and fellowships (see chapter 12 of this publication and chapter 1 of Pub. How to file an amended tax return 2011 970), The tax-free part of Pell grants (see chapter 1 of Pub. How to file an amended tax return 2011 970), The tax-free part of employer-provided educational assistance (see Pub. How to file an amended tax return 2011 970), Veterans' educational assistance (see chapter 1 of Pub. How to file an amended tax return 2011 970), and Any other nontaxable (tax-free) payments (other than gifts or inheritances) received as educational assistance. How to file an amended tax return 2011 Generally, any scholarship or fellowship is treated as tax-free educational assistance. How to file an amended tax return 2011 However, a scholarship or fellowship is not treated as tax-free educational assistance to the extent the student includes it in gross income (if the student is required to file a tax return) for the year the scholarship or fellowship is received and either: The scholarship or fellowship (or any part of it) must be applied (by its terms) to expenses (such as room and board) other than qualified education expenses as defined in Qualified education expenses in Pub. How to file an amended tax return 2011 970, chapter 1; or The scholarship or fellowship (or any part of it) may be applied (by its terms) to expenses (such as room and board) other than qualified education expenses as defined in Qualified education expenses in Pub. How to file an amended tax return 2011 970, chapter 1. How to file an amended tax return 2011 You may be able to increase the combined value of an education credit and certain educational assistance if the student includes some or all of the educational assistance in income in the year received. How to file an amended tax return 2011 For details, see Adjustments of Qualified Education Expenses, in chapters 2 and 3 of Pub. How to file an amended tax return 2011 970. How to file an amended tax return 2011 Some tax-free educational assistance received after 2013 may be treated as a refund of qualified education expenses paid in 2013. How to file an amended tax return 2011 This tax-free educational assistance is any tax-free educational assistance received by you or anyone else after 2013 for qualified education expenses paid on behalf of a student in 2013 (or attributable to enrollment at an eligible educational institution during 2013). How to file an amended tax return 2011 If this tax-free educational assistance is received after 2013 but before you file your 2013 income tax return, see Refunds received after 2013 but before your income tax return is filed, later. How to file an amended tax return 2011 If this tax-free educational assistance is received after 2013 and after you file your 2013 income tax return, see Refunds received after 2013 and after your income tax return is filed, later. How to file an amended tax return 2011 Refunds. How to file an amended tax return 2011   A refund of qualified education expenses may reduce qualified education expenses for the tax year or may require you to repay (recapture) the credit that you claimed in an earlier year. How to file an amended tax return 2011 Some tax-free educational assistance received after 2013 may be treated as a refund. How to file an amended tax return 2011 See Tax-free educational assistance, earlier. How to file an amended tax return 2011 Refunds received in 2013. How to file an amended tax return 2011   For each student, figure the adjusted qualified education expenses for 2013 by adding all the qualified education expenses paid in 2013 and subtracting any refunds of those expenses received from the eligible educational institution during 2013. How to file an amended tax return 2011 Refunds received after 2013 but before your income tax return is filed. How to file an amended tax return 2011   If anyone receives a refund after 2013 of qualified education expenses paid on behalf of a student in 2013 and the refund is received before you file your 2013 income tax return, reduce the amount of qualified education expenses for 2013 by the amount of the refund. How to file an amended tax return 2011 Refunds received after 2013 and after your income tax return is filed. How to file an amended tax return 2011   If anyone receives a refund after 2013 of qualified education expenses paid on behalf of a student in 2013 and the refund is received after you file your 2013 income tax return, you may need to repay some or all of the credit that you claimed. How to file an amended tax return 2011 See Credit recapture, next. How to file an amended tax return 2011 Credit recapture. How to file an amended tax return 2011    If any tax-free educational assistance for the qualified education expenses paid in 2013, or any refund of your qualified education expenses paid in 2013, is received after you file your 2013 income tax return, you must recapture (repay) any excess credit. How to file an amended tax return 2011 You do this by refiguring the amount of your adjusted qualified education expenses for 2013 by reducing the expenses by the amount of the refund or tax-free educational assistance. How to file an amended tax return 2011 You then refigure your education credit(s) for 2013 and figure the amount by which your 2013 tax liability would have increased if you had claimed the refigured credit(s). How to file an amended tax return 2011 Include that amount as an additional tax for the year the refund or tax-free assistance was received. How to file an amended tax return 2011 Example. How to file an amended tax return 2011    You paid $8,000 tuition and fees in December 2013 for your child's Spring semester beginning in January 2014. How to file an amended tax return 2011 You filed your 2013 tax return on February 3, 2014, and claimed a lifetime learning credit of $1,600 ($8,000 qualified education expense paid x . How to file an amended tax return 2011 20). How to file an amended tax return 2011 You claimed no other tax credits. How to file an amended tax return 2011 After you filed your return, your child withdrew from two courses and you received a refund of $1,400. How to file an amended tax return 2011 You must refigure your 2013 lifetime learning credit using $6,600 ($8,000 qualified education expenses − $1,400 refund). How to file an amended tax return 2011 The refigured credit is $1,320 and your tax liability increased by $280. How to file an amended tax return 2011 You must include the difference of $280 ($1,600 credit originally claimed − $1,320 refigured credit) as additional tax on your 2014 income tax return. How to file an amended tax return 2011 See the instructions for your 2014 income tax return to determine where to include this tax. How to file an amended tax return 2011 If you also pay qualified education expenses in 2014 for an academic period that begins in the first 3 months of 2014 and you receive tax-free educational assistance, or a refund, as described above, you may choose to reduce your qualified education expenses for 2014 instead of reducing your expenses for 2013. How to file an amended tax return 2011 Amounts that do not reduce qualified education expenses. How to file an amended tax return 2011   Do not reduce qualified education expenses by amounts paid with funds the student receives as: Payment for services, such as wages, A loan, A gift, An inheritance, or A withdrawal from the student's personal savings. How to file an amended tax return 2011   Do not reduce the qualified education expenses by any scholarship or fellowship reported as income on the student's tax return in the following situations. How to file an amended tax return 2011 The use of the money is restricted, by the terms of the scholarship or fellowship, to costs of attendance (such as room and board) other than qualified education expenses, as defined in Chapter 1 of Pub. How to file an amended tax return 2011 970. How to file an amended tax return 2011 The use of the money is not restricted. How to file an amended tax return 2011   For examples, see chapter 2 in Pub. How to file an amended tax return 2011 970. How to file an amended tax return 2011 Figure 35-A. How to file an amended tax return 2011 Can You Claim an Education Credit for 2013? This image is too large to be displayed in the current screen. How to file an amended tax return 2011 Please click the link to view the image. How to file an amended tax return 2011 Figure 35-A. How to file an amended tax return 2011 Can You Claim an Education Credit for 2013? Prev  Up  Next   Home   More Online Publications