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State Tax Forms And Instructions

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State Tax Forms And Instructions

State tax forms and instructions 8. State tax forms and instructions   Gains and Losses Table of Contents Introduction Topics - This chapter discusses: Useful Items - You may want to see: Sales and ExchangesDetermining Gain or Loss Like-Kind Exchanges Transfer to Spouse Ordinary or Capital Gain or LossCapital Assets Noncapital Assets Hedging (Commodity Futures) Livestock Converted Wetland and Highly Erodible Cropland Timber Sale of a Farm Foreclosure or Repossession Abandonment Introduction This chapter explains how to figure, and report on your tax return, your gain or loss on the disposition of your property or debt and whether such gain or loss is ordinary or capital. State tax forms and instructions Ordinary gain is taxed at the same rates as wages and interest income while capital gain is generally taxed at lower rates. State tax forms and instructions Dispositions discussed in this chapter include sales, exchanges, foreclosures, repossessions, canceled debts, hedging transactions, and elections to treat cutting of timber as a sale or exchange. State tax forms and instructions Topics - This chapter discusses: Sales and exchanges Ordinary or capital gain or loss Useful Items - You may want to see: Publication 334 Tax Guide for Small Business 523 Selling Your Home 544 Sales and Other Dispositions of Assets 550 Investment Income and Expenses 908 Bankruptcy Tax Guide Form (and Instructions) 982 Reduction of Tax Attributes Due to Discharge of Indebtedness (and Section 1082 Basis Adjustment) Sch D (Form 1040) Capital Gains and Losses Sch F (Form 1040) Profit or Loss From Farming 1099-A Acquisition or Abandonment of Secured Property 1099-C Cancellation of Debt 4797 Sales of Business Property 8949 Sales and Other Dispositions of Capital Assets See chapter 16 for information about getting publications and forms. State tax forms and instructions Sales and Exchanges If you sell, exchange, or otherwise dispose of your property, you usually have a gain or a loss. State tax forms and instructions This section explains certain rules for determining whether any gain you have is taxable, and whether any loss you have is deductible. State tax forms and instructions A sale is a transfer of property for money or a mortgage, note, or other promise to pay money. State tax forms and instructions An exchange is a transfer of property for other property or services. State tax forms and instructions Determining Gain or Loss You usually realize a gain or loss when you sell or exchange property. State tax forms and instructions If the amount you realize from a sale or exchange of property is more than its adjusted basis, you will have a gain. State tax forms and instructions If the adjusted basis of the property is more than the amount you realize, you will have a loss. State tax forms and instructions Basis and adjusted basis. State tax forms and instructions   The basis of property you buy is usually its cost. State tax forms and instructions The adjusted basis of property is basis plus certain additions and minus certain deductions. State tax forms and instructions See chapter 6 for more information about basis and adjusted basis. State tax forms and instructions Amount realized. State tax forms and instructions   The amount you realize from a sale or exchange is the total of all money you receive plus the fair market value (FMV) (defined in chapter 6) of all property or services you receive. State tax forms and instructions The amount you realize also includes any of your liabilities assumed by the buyer and any liabilities to which the property you transferred is subject, such as real estate taxes or a mortgage. State tax forms and instructions   If the liabilities relate to an exchange of multiple properties, see Multiple Property Exchanges in chapter 1 of Publication 544. State tax forms and instructions Amount recognized. State tax forms and instructions   Your gain or loss realized from a sale or exchange of certain property is usually a recognized gain or loss for tax purposes. State tax forms and instructions A recognized gain is a gain you must include in gross income and report on your income tax return. State tax forms and instructions A recognized loss is a loss you deduct from gross income. State tax forms and instructions However, your gain or loss realized from the exchange of certain property may not be recognized for tax purposes. State tax forms and instructions See Like-Kind Exchanges next. State tax forms and instructions Also, a loss from the disposition of property held for personal use is not deductible. State tax forms and instructions Like-Kind Exchanges Certain exchanges of property are not taxable. State tax forms and instructions This means any gain from the exchange is not recognized, and any loss cannot be deducted. State tax forms and instructions Your gain or loss will not be recognized until you sell or otherwise dispose of the property you receive. State tax forms and instructions The exchange of property for the same kind of property is the most common type of nontaxable exchange. State tax forms and instructions To qualify for treatment as a like-kind exchange, the property traded and the property received must be both of the following. State tax forms and instructions Qualifying property. State tax forms and instructions Like-kind property. State tax forms and instructions These two requirements are discussed later. State tax forms and instructions Multiple-party transactions. State tax forms and instructions   The like-kind exchange rules also apply to property exchanges that involve three and four-party transactions. State tax forms and instructions Any part of these multiple-party transactions can qualify as a like-kind exchange if it meets all the requirements described in this section. State tax forms and instructions Receipt of title from third party. State tax forms and instructions   If you receive property in a like-kind exchange and the other party who transfers the property to you does not give you the title, but a third party does, you can still treat this transaction as a like-kind exchange if it meets all the requirements. State tax forms and instructions Basis of property received. State tax forms and instructions   If you receive property in a like-kind exchange, the basis of the property will be the same as the basis of the property you gave up. State tax forms and instructions See chapter 6 for more information. State tax forms and instructions Money paid. State tax forms and instructions   If, in addition to giving up like-kind property, you pay money in a like-kind exchange, you still have no recognized gain or loss. State tax forms and instructions The basis of the property received is the basis of the property given up, increased by the money paid. State tax forms and instructions Example. State tax forms and instructions You traded an old tractor with an adjusted basis of $15,000 for a new one. State tax forms and instructions The new tractor costs $300,000. State tax forms and instructions You were allowed $80,000 for the old tractor and paid $220,000 cash. State tax forms and instructions You have no recognized gain or loss on the transaction regardless of the adjusted basis of your old tractor and the basis of the new tractor is $235,000, the adjusted basis of the old tractor plus the cash paid ($15,000 + $220,000). State tax forms and instructions If you had sold the old tractor to a third party for $80,000 and bought a new one, you would have a recognized gain or loss on the sale of your old tractor equal to the difference between the amount realized and the adjusted basis of the old tractor. State tax forms and instructions In this case, the taxable gain would be $65,000 ($80,000 − $15,000) and the basis of the new tractor would be $300,000. State tax forms and instructions Reporting the exchange. State tax forms and instructions   Report the exchange of like-kind property, even though no gain or loss is recognized, on Form 8824, Like-Kind Exchanges. State tax forms and instructions The Instructions for Form 8824 explain how to report the details of the exchange. State tax forms and instructions   If you have any recognized gain because you received money or unlike property, report it on Schedule D (Form 1040) or Form 4797, whichever applies. State tax forms and instructions You may also have to report the recognized gain as ordinary income because of depreciation recapture on Form 4797. State tax forms and instructions See chapter 9 for more information. State tax forms and instructions Qualifying property. State tax forms and instructions   In a like-kind exchange, both the property you give up and the property you receive must be held by you for investment or for productive use in your trade or business. State tax forms and instructions Machinery, buildings, land, trucks, breeding livestock, rental houses, and certain mutual ditch, reservoir, or irrigation company stock are examples of property that may qualify. State tax forms and instructions Nonqualifying property. State tax forms and instructions   The rules for like-kind exchanges do not apply to exchanges of the following property. State tax forms and instructions Property you use for personal purposes, such as your home and family car. State tax forms and instructions Stock in trade or other property held primarily for sale, such as crops and produce. State tax forms and instructions Stocks, bonds, or notes. State tax forms and instructions However, see Qualifying property above. State tax forms and instructions Other securities or evidences of indebtedness, such as accounts receivable. State tax forms and instructions Partnership interests. State tax forms and instructions However, you may have a nontaxable exchange under other rules. State tax forms and instructions See Other Nontaxable Exchanges in chapter 1 of Publication 544. State tax forms and instructions Like-kind property. State tax forms and instructions   To qualify as a nontaxable exchange, the properties exchanged must be of like kind. State tax forms and instructions Like-kind properties are properties of the same nature or character, even if they differ in grade or quality. State tax forms and instructions Generally, real property exchanged for real property qualifies as an exchange of like-kind property. State tax forms and instructions For example, an exchange of city property for farm property or improved property for unimproved property is a like-kind exchange. State tax forms and instructions   An exchange of a tractor for a new tractor is an exchange of like-kind property, and so is an exchange of timber land for crop acreage. State tax forms and instructions An exchange of a tractor for acreage, however, is not an exchange of like-kind property. State tax forms and instructions The exchange of livestock of one sex for livestock of the other sex is not a like-kind exchange. State tax forms and instructions For example, the exchange of a bull for a cow is not a like-kind exchange. State tax forms and instructions An exchange of the assets of a business for the assets of a similar business cannot be treated as an exchange of one property for another property. State tax forms and instructions    Note. State tax forms and instructions Whether you engaged in a like-kind exchange depends on an analysis of each asset involved in the exchange. State tax forms and instructions Personal property. State tax forms and instructions   Depreciable tangible personal property can be either like kind or like class to qualify for nontaxable exchange treatment. State tax forms and instructions Like-class properties are depreciable tangible personal properties within the same General Asset Class or Product Class. State tax forms and instructions Property classified in any General Asset Class may not be classified within a Product Class. State tax forms and instructions Assets that are not in the same class will qualify as like-kind property if they are of the same nature or character. State tax forms and instructions General Asset Classes. State tax forms and instructions   General Asset Classes describe the types of property frequently used in many businesses. State tax forms and instructions They include, but are not limited to, the following property. State tax forms and instructions Office furniture, fixtures, and equipment (asset class 00. State tax forms and instructions 11). State tax forms and instructions Information systems, such as computers and peripheral equipment (asset class 00. State tax forms and instructions 12). State tax forms and instructions Data handling equipment except computers (asset class 00. State tax forms and instructions 13). State tax forms and instructions Automobiles and taxis (asset class 00. State tax forms and instructions 22). State tax forms and instructions Light general purpose trucks (asset class 00. State tax forms and instructions 241). State tax forms and instructions Heavy general purpose trucks (asset class 00. State tax forms and instructions 242). State tax forms and instructions Tractor units for use over-the-road (asset class 00. State tax forms and instructions 26). State tax forms and instructions Trailers and trailer-mounted containers (asset class 00. State tax forms and instructions 27). State tax forms and instructions Industrial steam and electric generation and/or distribution systems (asset class 00. State tax forms and instructions 4). State tax forms and instructions Product Classes. State tax forms and instructions   Product Classes include property listed in a 6-digit product class in sectors 31 through 33 of the North American Industry Classification System (NAICS) of the Executive Office of the President, Office of Management and Budget, United States, (NAICS Manual). State tax forms and instructions The latest version of the manual can be accessed at www. State tax forms and instructions census. State tax forms and instructions gov/eos/www/naics/. State tax forms and instructions Copies of the printed manual may be purchased from the National Technical Information Service (NTIS) at  www. State tax forms and instructions ntis. State tax forms and instructions gov/products/naics. State tax forms and instructions aspx or by calling 1-800-553-NTIS (1-800-553-6847) or (703) 605-6000. State tax forms and instructions A CD-ROM version with search and retrieval software is also available from NTIS. State tax forms and instructions    NAICS class 333111, Farm Machinery and Equipment Manufacturing, includes most machinery and equipment used in a farming business. State tax forms and instructions Partially nontaxable exchange. State tax forms and instructions   If, in addition to like-kind property, you receive money or unlike property in an exchange on which you realize gain, you have a partially nontaxable exchange. State tax forms and instructions You are taxed on the gain you realize, but only to the extent of the money and the FMV of the unlike property you receive. State tax forms and instructions A loss is not deductible. State tax forms and instructions Example 1. State tax forms and instructions You trade farmland that cost $30,000 for $10,000 cash and other land to be used in farming with a FMV of $50,000. State tax forms and instructions You have a realized gain of $30,000 ($50,000 FMV of new land + $10,000 cash − $30,000 basis of old farmland = $30,000 realized gain). State tax forms and instructions However, only $10,000, the cash received, is recognized (included in income). State tax forms and instructions Example 2. State tax forms and instructions Assume the same facts as in Example 1, except that, instead of money, you received a tractor with a FMV of $10,000. State tax forms and instructions Your recognized gain is still limited to $10,000, the value of the tractor (the unlike property). State tax forms and instructions Example 3. State tax forms and instructions Assume in Example 1 that the FMV of the land you received was only $15,000. State tax forms and instructions Your $5,000 loss is not recognized. State tax forms and instructions Unlike property given up. State tax forms and instructions   If, in addition to like-kind property, you give up unlike property, you must recognize gain or loss on the unlike property you give up. State tax forms and instructions The gain or loss is the difference between the FMV of the unlike property and the adjusted basis of the unlike property. State tax forms and instructions Like-kind exchanges between related persons. State tax forms and instructions   Special rules apply to like-kind exchanges between related persons. State tax forms and instructions These rules affect both direct and indirect exchanges. State tax forms and instructions Under these rules, if either person disposes of the property within 2 years after the exchange, the exchange is disqualified from nonrecognition treatment. State tax forms and instructions The gain or loss on the original exchange must be recognized as of the date of the later disposition. State tax forms and instructions The 2-year holding period begins on the date of the last transfer of property that was part of the like-kind exchange. State tax forms and instructions Related persons. State tax forms and instructions   Under these rules, related persons include, for example, you and a member of your family (spouse, brother, sister, parent, child, etc. State tax forms and instructions ), you and a corporation in which you have more than 50% ownership, you and a partnership in which you directly or indirectly own more than a 50% interest of the capital or profits, and two partnerships in which you directly or indirectly own more than 50% of the capital interests or profits. State tax forms and instructions   For the complete list of related persons, see Related persons in chapter 2 of Publication 544. State tax forms and instructions Example. State tax forms and instructions You used a grey pickup truck in your farming business. State tax forms and instructions Your sister used a red pickup truck in her landscaping business. State tax forms and instructions In December 2012, you exchanged your grey pickup truck, plus $200, for your sister's red pickup truck. State tax forms and instructions At that time, the FMV of the grey pickup truck was $7,000 and its adjusted basis was $6,000. State tax forms and instructions The FMV of the red pickup truck was $7,200 and its adjusted basis was $1,000. State tax forms and instructions You realized a gain of $1,000 (the $7,200 FMV of the red pickup truck, minus the grey pickup truck's $6,000 adjusted basis, minus the $200 you paid). State tax forms and instructions Your sister realized a gain of $6,200 (the $7,000 FMV of the grey pickup truck plus the $200 you paid, minus the $1,000 adjusted basis of the red pickup truck). State tax forms and instructions However, because this was a like-kind exchange, you recognized no gain. State tax forms and instructions Your basis in the red pickup truck was $6,200 (the $6,000 adjusted basis of the grey pickup truck plus the $200 you paid). State tax forms and instructions She recognized gain only to the extent of the money she received, $200. State tax forms and instructions Her basis in the grey pickup truck was $1,000 (the $1,000 adjusted basis of the red pickup truck minus the $200 received, plus the $200 gain recognized). State tax forms and instructions In 2013, you sold the red pickup truck to a third party for $7,000. State tax forms and instructions Because you sold it within 2 years after the exchange, the exchange is disqualified from nonrecognition treatment. State tax forms and instructions On your tax return for 2013, you must report your $1,000 gain on the 2012 exchange. State tax forms and instructions You also report a loss on the sale as $200 (the adjusted basis of the red pickup truck, $7,200 (its $6,200 basis plus the $1,000 gain recognized), minus the $7,000 realized from the sale). State tax forms and instructions In addition, your sister must report on her tax return for 2013 the $6,000 balance of her gain on the 2012 exchange. State tax forms and instructions Her adjusted basis in the grey pickup truck is increased to $7,000 (its $1,000 basis plus the $6,000 gain recognized). State tax forms and instructions Exceptions to the rules for related persons. State tax forms and instructions   The following property dispositions are excluded from these rules. State tax forms and instructions Dispositions due to the death of either related person. State tax forms and instructions Involuntary conversions. State tax forms and instructions Dispositions where it is established to the satisfaction of the IRS that neither the exchange nor the disposition has, as a main purpose, the avoidance of federal income tax. State tax forms and instructions Multiple property exchanges. State tax forms and instructions   Under the like-kind exchange rules, you must generally make a property-by-property comparison to figure your recognized gain and the basis of the property you receive in the exchange. State tax forms and instructions However, for exchanges of multiple properties, you do not make a property-by-property comparison if you do either of the following. State tax forms and instructions Transfer and receive properties in two or more exchange groups. State tax forms and instructions Transfer or receive more than one property within a single exchange group. State tax forms and instructions   For more information, see Multiple Property Exchanges in chapter 1 of Publication 544. State tax forms and instructions Deferred exchange. State tax forms and instructions   A deferred exchange for like-kind property may qualify for nonrecognition of gain or loss. State tax forms and instructions A deferred exchange is an exchange in which you transfer property you use in business or hold for investment and later receive like-kind property you will use in business or hold for investment. State tax forms and instructions The property you receive is replacement property. State tax forms and instructions The transaction must be an exchange of property for property rather than a transfer of property for money used to buy replacement property. State tax forms and instructions In addition, the replacement property will not be treated as like-kind property unless certain identification and receipt requirements are met. State tax forms and instructions   For more information see Deferred Exchanges in chapter 1 of Publication 544. State tax forms and instructions Transfer to Spouse No gain or loss is recognized on a transfer of property from an individual to (or in trust for the benefit of) a spouse, or a former spouse if incident to divorce. State tax forms and instructions This rule does not apply if the recipient is a nonresident alien. State tax forms and instructions Nor does this rule apply to a transfer in trust to the extent the liabilities assumed and the liabilities on the property are more than the property's adjusted basis. State tax forms and instructions Any transfer of property to a spouse or former spouse on which gain or loss is not recognized is not considered a sale or exchange. State tax forms and instructions The recipient's basis in the property will be the same as the adjusted basis of the giver immediately before the transfer. State tax forms and instructions This carryover basis rule applies whether the adjusted basis of the transferred property is less than, equal to, or greater than either its FMV at the time of transfer or any consideration paid by the recipient. State tax forms and instructions This rule applies for determining loss as well as gain. State tax forms and instructions Any gain recognized on a transfer in trust increases the basis. State tax forms and instructions For more information on transfers of property incident to divorce, see Property Settlements in Publication 504, Divorced or Separated Individuals. State tax forms and instructions Ordinary or Capital Gain or Loss Generally, you will have a capital gain or loss if you sell or exchange a capital asset (defined below). State tax forms and instructions You may also have a capital gain if your section 1231 transactions result in a net gain. State tax forms and instructions See Section 1231 Gains and Losses in  chapter 9. State tax forms and instructions To figure your net capital gain or loss, you must classify your gains and losses as either ordinary or capital (and your capital gains or losses as either short-term or long-term). State tax forms and instructions Your net capital gains may be taxed at a lower tax rate than ordinary income. State tax forms and instructions See Capital Gains Tax Rates , later. State tax forms and instructions Your deduction for a net capital loss may be limited. State tax forms and instructions See Treatment of Capital Losses , later. State tax forms and instructions Capital Assets Almost everything you own and use for personal purposes or investment is a capital asset. State tax forms and instructions The following items are examples of capital assets. State tax forms and instructions A home owned and occupied by you and your family. State tax forms and instructions Household furnishings. State tax forms and instructions A car used for pleasure. State tax forms and instructions If your car is used both for pleasure and for farm business, it is partly a capital asset and partly a noncapital asset, defined later. State tax forms and instructions Stocks and bonds. State tax forms and instructions However, there are special rules for gains on qualified small business stock. State tax forms and instructions For more information on this subject, see Gains on Qualified Small Business Stock and Losses on Section 1244 (Small Business) Stock in chapter 4 of Publication 550. State tax forms and instructions Personal-use property. State tax forms and instructions   Gain from a sale or exchange of personal-use property is a capital gain and is taxable. State tax forms and instructions Loss from the sale or exchange of personal-use property is not deductible. State tax forms and instructions You can deduct a loss relating to personal-use property only if it results from a casualty or theft. State tax forms and instructions For information on casualties and thefts, see chapter 11. State tax forms and instructions Long and Short Term Where you report a capital gain or loss depends on how long you own the asset before you sell or exchange it. State tax forms and instructions The time you own an asset before disposing of it is the holding period. State tax forms and instructions If you hold a capital asset 1 year or less, the gain or loss resulting from its disposition is short term. State tax forms and instructions Report it in Part I of Schedule D (Form 1040). State tax forms and instructions If you hold a capital asset longer than 1 year, the gain or loss resulting from its disposition is long term. State tax forms and instructions Report it in Part II of Schedule D (Form 1040). State tax forms and instructions Holding period. State tax forms and instructions   To figure if you held property longer than 1 year, start counting on the day after the day you acquired the property. State tax forms and instructions The day you disposed of the property is part of your holding period. State tax forms and instructions Example. State tax forms and instructions If you bought an asset on June 19, 2012, you should start counting on June 20, 2012. State tax forms and instructions If you sold the asset on June 19, 2013, your holding period is not longer than 1 year, but if you sold it on June 20, 2013, your holding period is longer than 1 year. State tax forms and instructions Inherited property. State tax forms and instructions   If you inherit property, you are considered to have held the property longer than 1 year, regardless of how long you actually held it. State tax forms and instructions This rule does not apply to livestock used in a farm business. State tax forms and instructions See Holding period under Livestock , later. State tax forms and instructions Nonbusiness bad debt. State tax forms and instructions   A nonbusiness bad debt is a short-term capital loss, deductible in the year the debt becomes worthless. State tax forms and instructions See chapter 4 of Publication 550. State tax forms and instructions Nontaxable exchange. State tax forms and instructions   If you acquire an asset in exchange for another asset and your basis for the new asset is figured, in whole or in part, by using your basis in the old property, the holding period of the new property includes the holding period of the old property. State tax forms and instructions That is, it begins on the same day as your holding period for the old property. State tax forms and instructions Gift. State tax forms and instructions   If you receive a gift of property and your basis in it is figured using the donor's basis, your holding period includes the donor's holding period. State tax forms and instructions Real property. State tax forms and instructions   To figure how long you held real property, start counting on the day after you received title to it or, if earlier, on the day after you took possession of it and assumed the burdens and privileges of ownership. State tax forms and instructions   However, taking possession of real property under an option agreement is not enough to start the holding period. State tax forms and instructions The holding period cannot start until there is an actual contract of sale. State tax forms and instructions The holding period of the seller cannot end before that time. State tax forms and instructions Figuring Net Gain or Loss The totals for short-term capital gains and losses and the totals for long-term capital gains and losses must be figured separately. State tax forms and instructions Net short-term capital gain or loss. State tax forms and instructions   Combine your short-term capital gains and losses. State tax forms and instructions Do this by adding all of your short-term capital gains. State tax forms and instructions Then add all of your short-term capital losses. State tax forms and instructions Subtract the lesser total from the greater. State tax forms and instructions The difference is your net short-term capital gain or loss. State tax forms and instructions Net long-term capital gain or loss. State tax forms and instructions   Follow the same steps to combine your long-term capital gains and losses. State tax forms and instructions The result is your net long-term capital gain or loss. State tax forms and instructions Net gain. State tax forms and instructions   If the total of your capital gains is more than the total of your capital losses, the difference is taxable. State tax forms and instructions However, part of your gain (but not more than your net capital gain) may be taxed at a lower rate than the rate of tax on your ordinary income. State tax forms and instructions See Capital Gains Tax Rates , later. State tax forms and instructions Net loss. State tax forms and instructions   If the total of your capital losses is more than the total of your capital gains, the difference is deductible. State tax forms and instructions But there are limits on how much loss you can deduct and when you can deduct it. State tax forms and instructions See Treatment of Capital Losses next. State tax forms and instructions Treatment of Capital Losses If your capital losses are more than your capital gains, you must claim the difference even if you do not have ordinary income to offset it. State tax forms and instructions For taxpayers other than corporations, the yearly limit on the capital loss you can deduct is $3,000 ($1,500 if you are married and file a separate return). State tax forms and instructions If your other income is low, you may not be able to use the full $3,000. State tax forms and instructions The part of the $3,000 you cannot use becomes part of your capital loss carryover (discussed next). State tax forms and instructions Capital loss carryover. State tax forms and instructions   Generally, you have a capital loss carryover if either of the following situations applies to you. State tax forms and instructions Your net loss on Schedule D (Form 1040), is more than the yearly limit. State tax forms and instructions Your taxable income without your deduction for exemptions is less than zero. State tax forms and instructions If either of these situations applies to you for 2013, see Capital Losses under Reporting Capital Gains and Losses in chapter 4 of Publication 550 to figure the amount you can carry over to 2014. State tax forms and instructions    To figure your capital loss carryover from 2013 to 2014, you will need a copy of your 2013 Form 1040 and Schedule D (Form 1040). State tax forms and instructions Capital Gains Tax Rates The tax rates that apply to a net capital gain are generally lower than the tax rates that apply to other income. State tax forms and instructions These lower rates are called the maximum capital gains rates. State tax forms and instructions The term “net capital gain” means the amount by which your net long-term capital gain for the year is more than your net short-term capital loss. State tax forms and instructions See Schedule D (Form 1040) and the Instructions for Schedule D (Form 1040). State tax forms and instructions Also see Publication 550. State tax forms and instructions Noncapital Assets Noncapital assets include property such as inventory and depreciable property used in a trade or business. State tax forms and instructions A list of properties that are not capital assets is provided in the Instructions for Schedule D (Form 1040). State tax forms and instructions Property held for sale in the ordinary course of your farm business. State tax forms and instructions   Property you hold mainly for sale to customers, such as livestock, poultry, livestock products, and crops, is a noncapital asset. State tax forms and instructions Gain or loss from sales or other dispositions of this property is reported on Schedule F (Form 1040) (not on Schedule D (Form 1040) or Form 4797). State tax forms and instructions The treatment of this property is discussed in chapter 3. State tax forms and instructions Land and depreciable properties. State tax forms and instructions   Land and depreciable property you use in farming are not capital assets. State tax forms and instructions Noncapital assets also include livestock held for draft, breeding, dairy, or sporting purposes. State tax forms and instructions However, your gains and losses from sales and exchanges of your farmland and depreciable properties must be considered together with certain other transactions to determine whether the gains and losses are treated as capital or ordinary gains and losses. State tax forms and instructions The sales of these business assets are reported on Form 4797. State tax forms and instructions See chapter 9 for more information. State tax forms and instructions Hedging (Commodity Futures) Hedging transactions are transactions that you enter into in the normal course of business primarily to manage the risk of interest rate or price changes, or currency fluctuations, with respect to borrowings, ordinary property, or ordinary obligations. State tax forms and instructions Ordinary property or obligations are those that cannot produce capital gain or loss if sold or exchanged. State tax forms and instructions A commodity futures contract is a standardized, exchange-traded contract for the sale or purchase of a fixed amount of a commodity at a future date for a fixed price. State tax forms and instructions The holder of an option on a futures contract has the right (but not the obligation) for a specified period of time to enter into a futures contract to buy or sell at a particular price. State tax forms and instructions A forward contract is generally similar to a futures contract except that the terms are not standardized and the contract is not exchange traded. State tax forms and instructions Businesses may enter into commodity futures contracts or forward contracts and may acquire options on commodity futures contracts as either of the following. State tax forms and instructions Hedging transactions. State tax forms and instructions Transactions that are not hedging transactions. State tax forms and instructions Futures transactions with exchange-traded commodity futures contracts that are not hedging transactions, generally, result in capital gain or loss and are subject to the mark-to-market rules discussed in Publication 550. State tax forms and instructions There is a limit on the amount of capital losses you can deduct each year. State tax forms and instructions Hedging transactions are not subject to the mark-to-market rules. State tax forms and instructions If, as a farmer-producer, to protect yourself from the risk of unfavorable price fluctuations, you enter into commodity forward contracts, futures contracts, or options on futures contracts and the contracts cover an amount of the commodity within your range of production, the transactions are generally considered hedging transactions. State tax forms and instructions They can take place at any time you have the commodity under production, have it on hand for sale, or reasonably expect to have it on hand. State tax forms and instructions The gain or loss on the termination of these hedges is generally ordinary gain or loss. State tax forms and instructions Farmers who file their income tax returns on the cash method report any profit or loss on the hedging transaction on Schedule F, line 8. State tax forms and instructions Gains or losses from hedging transactions that hedge supplies of a type regularly used or consumed in the ordinary course of your trade or business may be ordinary gains or losses. State tax forms and instructions Examples include fuel and feed. State tax forms and instructions If you have numerous transactions in the commodity futures market during the year, you must be able to show which transactions are hedging transactions. State tax forms and instructions Clearly identify a hedging transaction on your books and records before the end of the day you entered into the transaction. State tax forms and instructions It may be helpful to have separate brokerage accounts for your hedging and speculation transactions. State tax forms and instructions Retain the identification of each hedging transaction with your books and records. State tax forms and instructions Also, identify the item(s) or aggregate risk that is being hedged in your records. State tax forms and instructions Although the identification of the hedging transaction must be made before the end of the day it was entered into, you have 35 days after entering into the transaction to identify the hedged item(s) or risk. State tax forms and instructions For more information on the tax treatment of futures and options contracts, see Commodity Futures and Section 1256 Contracts Marked to Market in Publication 550. State tax forms and instructions Accounting methods for hedging transactions. State tax forms and instructions   The accounting method you use for a hedging transaction must clearly reflect income. State tax forms and instructions This means that your accounting method must reasonably match the timing of income, deduction, gain, or loss from a hedging transaction with the timing of income, deduction, gain, or loss from the item or items being hedged. State tax forms and instructions There are requirements and limits on the method you can use for certain hedging transactions. State tax forms and instructions See Regulations section 1. State tax forms and instructions 446-4(e) for those requirements and limits. State tax forms and instructions   Hedging transactions must be accounted for under the rules stated above unless the transaction is subject to mark-to-market accounting under section 475 or you use an accounting method other than the following methods. State tax forms and instructions Cash method. State tax forms and instructions Farm-price method. State tax forms and instructions Unit-livestock-price method. State tax forms and instructions   Once you adopt a method, you must apply it consistently and must have IRS approval before changing it. State tax forms and instructions   Your books and records must describe the accounting method used for each type of hedging transaction. State tax forms and instructions They must also contain any additional identification necessary to verify the application of the accounting method you used for the transaction. State tax forms and instructions You must make the additional identification no more than 35 days after entering into the hedging transaction. State tax forms and instructions Example of a hedging transaction. State tax forms and instructions   You file your income tax returns on the cash method. State tax forms and instructions On July 2 you anticipate a yield of 50,000 bushels of corn this year. State tax forms and instructions The December futures price is $5. State tax forms and instructions 75 a bushel, but there are indications that by harvest time the price will drop. State tax forms and instructions To protect yourself against a drop in the price, you enter into the following hedging transaction. State tax forms and instructions You sell ten December futures contracts of 5,000 bushels each for a total of 50,000 bushels of corn at $5. State tax forms and instructions 75 a bushel. State tax forms and instructions   The price did not drop as anticipated but rose to $6 a bushel. State tax forms and instructions In November, you sell your crop at a local elevator for $6 a bushel. State tax forms and instructions You also close out your futures position by buying ten December contracts for $6 a bushel. State tax forms and instructions You paid a broker's commission of $1,400 ($70 per contract) for the complete in and out position in the futures market. State tax forms and instructions   The result is that the price of corn rose 25 cents a bushel and the actual selling price is $6 a bushel. State tax forms and instructions Your loss on the hedge is 25 cents a bushel. State tax forms and instructions In effect, the net selling price of your corn is $5. State tax forms and instructions 75 a bushel. State tax forms and instructions   Report the results of your futures transactions and your sale of corn separately on Schedule F. State tax forms and instructions See the instructions for the 2013 Schedule F (Form 1040). State tax forms and instructions   The loss on your futures transactions is $13,900, figured as follows. State tax forms and instructions July 2 - Sold December corn futures (50,000 bu. State tax forms and instructions @$5. State tax forms and instructions 75) $287,500 November 6 - Bought December corn futures (50,000 bu. State tax forms and instructions @$6 plus $1,400 broker's commission) 301,400 Futures loss ($13,900) This loss is reported as a negative figure on Schedule F, Part I, line 8, as other income. State tax forms and instructions   The proceeds from your corn sale at the local elevator are $300,000 (50,000 bu. State tax forms and instructions × $6). State tax forms and instructions Report it on Schedule F, Part I, line 2, as income from sales of products you raised. State tax forms and instructions   Assume you were right and the price went down 25 cents a bushel. State tax forms and instructions In effect, you would still net $5. State tax forms and instructions 75 a bushel, figured as follows. State tax forms and instructions Sold cash corn, per bushel $5. State tax forms and instructions 50 Gain on hedge, per bushel . State tax forms and instructions 25 Net price, per bushel $5. State tax forms and instructions 75       The gain on your futures transactions would have been $11,100, figured as follows. State tax forms and instructions July 2 - Sold December corn futures (50,000 bu. State tax forms and instructions @$5. State tax forms and instructions 75) $287,500 November 6 - Bought December corn futures (50,000 bu. State tax forms and instructions @$5. State tax forms and instructions 50 plus $1,400 broker's commission) 276,400 Futures gain $11,100 The $11,100 is reported on Schedule F, Part I, line 8, as other income. State tax forms and instructions   The proceeds from the sale of your corn at the local elevator, $275,000, are reported on Schedule F, Part I, line 2, as income from sales of products you raised. State tax forms and instructions Livestock This part discusses the sale or exchange of livestock used in your farm business. State tax forms and instructions Gain or loss from the sale or exchange of this livestock may qualify as a section 1231 gain or loss. State tax forms and instructions However, any part of the gain that is ordinary income from the recapture of depreciation is not included as section 1231 gain. State tax forms and instructions See chapter 9 for more information on section 1231 gains and losses and the recapture of depreciation under section 1245. State tax forms and instructions The rules discussed here do not apply to the sale of livestock held primarily for sale to customers. State tax forms and instructions The sale of this livestock is reported on Schedule F. State tax forms and instructions See chapter 3. State tax forms and instructions Also, special rules apply to sales or exchanges caused by weather-related conditions. State tax forms and instructions See chapter 3. State tax forms and instructions Holding period. State tax forms and instructions   The sale or exchange of livestock used in your farm business (defined below) qualifies as a section 1231 transaction if you held the livestock for 12 months or more (24 months or more for horses and cattle). State tax forms and instructions Livestock. State tax forms and instructions   For section 1231 transactions, livestock includes cattle, hogs, horses, mules, donkeys, sheep, goats, fur-bearing animals, and other mammals. State tax forms and instructions Also, for section 1231 transactions, livestock does not include chickens, turkeys, pigeons, geese, emus, ostriches, rheas, or other birds, fish, frogs, reptiles, etc. State tax forms and instructions Livestock used in farm business. State tax forms and instructions   If livestock is held primarily for draft, breeding, dairy, or sporting purposes, it is used in your farm business. State tax forms and instructions The purpose for which an animal is held ordinarily is determined by a farmer's actual use of the animal. State tax forms and instructions An animal is not held for draft, breeding, dairy, or sporting purposes merely because it is suitable for that purpose, or because it is held for sale to other persons for use by them for that purpose. State tax forms and instructions However, a draft, breeding, or sporting purpose may be present if an animal is disposed of within a reasonable time after it is prevented from its intended use or made undesirable as a result of an accident, disease, drought, or unfitness of the animal. State tax forms and instructions Example 1. State tax forms and instructions You discover an animal that you intend to use for breeding purposes is sterile. State tax forms and instructions You dispose of it within a reasonable time. State tax forms and instructions This animal was held for breeding purposes. State tax forms and instructions Example 2. State tax forms and instructions You retire and sell your entire herd, including young animals that you would have used for breeding or dairy purposes had you remained in business. State tax forms and instructions These young animals were held for breeding or dairy purposes. State tax forms and instructions Also, if you sell young animals to reduce your breeding or dairy herd because of drought, these animals are treated as having been held for breeding or dairy purposes. State tax forms and instructions See Sales Caused by Weather-Related Conditions in chapter 3. State tax forms and instructions Example 3. State tax forms and instructions You are in the business of raising hogs for slaughter. State tax forms and instructions Customarily, before selling your sows, you obtain a single litter of pigs that you will raise for sale. State tax forms and instructions You sell the brood sows after obtaining the litter. State tax forms and instructions Even though you hold these brood sows for ultimate sale to customers in the ordinary course of your business, they are considered to be held for breeding purposes. State tax forms and instructions Example 4. State tax forms and instructions You are in the business of raising registered cattle for sale to others for use as breeding cattle. State tax forms and instructions The business practice is to breed the cattle before sale to establish their fitness as registered breeding cattle. State tax forms and instructions Your use of the young cattle for breeding purposes is ordinary and necessary for selling them as registered breeding cattle. State tax forms and instructions Such use does not demonstrate that you are holding the cattle for breeding purposes. State tax forms and instructions However, those cattle you held as additions or replacements to your own breeding herd to produce calves are considered to be held for breeding purposes, even though they may not actually have produced calves. State tax forms and instructions The same applies to hog and sheep breeders. State tax forms and instructions Example 5. State tax forms and instructions You breed, raise, and train horses for racing purposes. State tax forms and instructions Every year you cull horses from your racing stable. State tax forms and instructions In 2013, you decided that to prevent your racing stable from getting too large to be effectively operated, you must cull six horses that had been raced at public tracks in 2012. State tax forms and instructions These horses are all considered held for sporting purposes. State tax forms and instructions Figuring gain or loss on the cash method. State tax forms and instructions   Farmers or ranchers who use the cash method of accounting figure their gain or loss on the sale of livestock used in their farming business as follows. State tax forms and instructions Raised livestock. State tax forms and instructions   Gain on the sale of raised livestock is generally the gross sales price reduced by any expenses of the sale. State tax forms and instructions Expenses of sale include sales commissions, freight or hauling from farm to commission company, and other similar expenses. State tax forms and instructions The basis of the animal sold is zero if the costs of raising it were deducted during the years the animal was being raised. State tax forms and instructions However, see Uniform Capitalization Rules in chapter 6. State tax forms and instructions Purchased livestock. State tax forms and instructions   The gross sales price minus your adjusted basis and any expenses of sale is the gain or loss. State tax forms and instructions Example. State tax forms and instructions A farmer sold a breeding cow on January 8, 2013, for $1,250. State tax forms and instructions Expenses of the sale were $125. State tax forms and instructions The cow was bought July 2, 2009, for $1,300. State tax forms and instructions Depreciation (not less than the amount allowable) was $867. State tax forms and instructions Gross sales price $1,250 Cost (basis) $1,300   Minus: Depreciation deduction 867   Unrecovered cost (adjusted basis) $ 433   Expense of sale 125 558 Gain realized $ 692 Converted Wetland and Highly Erodible Cropland Special rules apply to dispositions of land converted to farming use after March 1, 1986. State tax forms and instructions Any gain realized on the disposition of converted wetland or highly erodible cropland is treated as ordinary income. State tax forms and instructions Any loss on the disposition of such property is treated as a long-term capital loss. State tax forms and instructions Converted wetland. State tax forms and instructions   This is generally land that was drained or filled to make the production of agricultural commodities possible. State tax forms and instructions It includes converted wetland held by the person who originally converted it or held by any other person who used the converted wetland at any time after conversion for farming. State tax forms and instructions   A wetland (before conversion) is land that meets all the following conditions. State tax forms and instructions It is mostly soil that, in its undrained condition, is saturated, flooded, or ponded long enough during a growing season to develop an oxygen-deficient state that supports the growth and regeneration of plants growing in water. State tax forms and instructions It is saturated by surface or groundwater at a frequency and duration sufficient to support mostly plants that are adapted for life in saturated soil. State tax forms and instructions It supports, under normal circumstances, mostly plants that grow in saturated soil. State tax forms and instructions Highly erodible cropland. State tax forms and instructions   This is cropland subject to erosion that you used at any time for farming purposes other than grazing animals. State tax forms and instructions Generally, highly erodible cropland is land currently classified by the Department of Agriculture as Class IV, VI, VII, or VIII under its classification system. State tax forms and instructions Highly erodible cropland also includes land that would have an excessive average annual erosion rate in relation to the soil loss tolerance level, as determined by the Department of Agriculture. State tax forms and instructions Successor. State tax forms and instructions   Converted wetland or highly erodible cropland is also land held by any person whose basis in the land is figured by reference to the adjusted basis of a person in whose hands the property was converted wetland or highly erodible cropland. State tax forms and instructions Timber Standing timber you held as investment property is a capital asset. State tax forms and instructions Gain or loss from its sale is capital gain or loss reported on Form 8949 and Schedule D (Form 1040), as applicable. State tax forms and instructions If you held the timber primarily for sale to customers, it is not a capital asset. State tax forms and instructions Gain or loss on its sale is ordinary business income or loss. State tax forms and instructions It is reported on Schedule F, line 1 (purchased timber) or line 2 (raised timber). State tax forms and instructions See the Instructions for Schedule F (Form 1040). State tax forms and instructions Farmers who cut timber on their land and sell it as logs, firewood, or pulpwood usually have no cost or other basis for that timber. State tax forms and instructions Amounts realized from these sales, and the expenses incurred in cutting, hauling, etc. State tax forms and instructions , are ordinary farm income and expenses reported on Schedule F. State tax forms and instructions Different rules apply if you owned the timber longer than 1 year and elect to treat timber cutting as a sale or exchange or you enter into a cutting contract, discussed below. State tax forms and instructions Timber considered cut. State tax forms and instructions   Timber is considered cut on the date when, in the ordinary course of business, the quantity of felled timber is first definitely determined. State tax forms and instructions This is true whether the timber is cut under contract or whether you cut it yourself. State tax forms and instructions Christmas trees. State tax forms and instructions   Evergreen trees, such as Christmas trees, that are more than 6 years old when severed from their roots and sold for ornamental purposes are included in the term timber. State tax forms and instructions They qualify for both rules discussed below. State tax forms and instructions Election to treat cutting as a sale or exchange. State tax forms and instructions   Under the general rule, the cutting of timber results in no gain or loss. State tax forms and instructions It is not until a sale or exchange occurs that gain or loss is realized. State tax forms and instructions But if you owned or had a contractual right to cut timber, you can elect to treat the cutting of timber as a section 1231 transaction in the year it is cut. State tax forms and instructions Even though the cut timber is not actually sold or exchanged, you report your gain or loss on the cutting for the year the timber is cut. State tax forms and instructions Any later sale results in ordinary business income or loss. State tax forms and instructions See the example below. State tax forms and instructions   To elect this treatment, you must: Own or hold a contractual right to cut the timber for a period of more than 1 year before it is cut, and Cut the timber for sale or use in your trade or business. State tax forms and instructions Making the election. State tax forms and instructions   You make the election on your return for the year the cutting takes place by including in income the gain or loss on the cutting and including a computation of your gain or loss. State tax forms and instructions You do not have to make the election in the first year you cut the timber. State tax forms and instructions You can make it in any year to which the election would apply. State tax forms and instructions If the timber is partnership property, the election is made on the partnership return. State tax forms and instructions This election cannot be made on an amended return. State tax forms and instructions   Once you have made the election, it remains in effect for all later years unless you revoke it. State tax forms and instructions Election under section 631(a) may be revoked. State tax forms and instructions   If you previously elected for any tax year ending before October 23, 2004, to treat the cutting of timber as a sale or exchange under section 631(a), you may revoke this election without the consent of the IRS for any tax year ending after October 22, 2004. State tax forms and instructions The prior election (and revocation) is disregarded for purposes of making a subsequent election. State tax forms and instructions See Form T (Timber), Forest Activities Schedule, for more information. State tax forms and instructions Gain or loss. State tax forms and instructions   Your gain or loss on the cutting of standing timber is the difference between its adjusted basis for depletion and its FMV on the first day of your tax year in which it is cut. State tax forms and instructions   Your adjusted basis for depletion of cut timber is based on the number of units (board feet, log scale, or other units) of timber cut during the tax year and considered to be sold or exchanged. State tax forms and instructions Your adjusted basis for depletion is also based on the depletion unit of timber in the account used for the cut timber, and should be figured in the same manner as shown in section 611 and Regulations section 1. State tax forms and instructions 611-3. State tax forms and instructions   Depletion of timber is discussed in chapter 7. State tax forms and instructions Example. State tax forms and instructions   In April 2013, you owned 4,000 MBF (1,000 board feet) of standing timber longer than 1 year. State tax forms and instructions It had an adjusted basis for depletion of $40 per MBF. State tax forms and instructions You are a calendar year taxpayer. State tax forms and instructions On January 1, 2013, the timber had a FMV of $350 per MBF. State tax forms and instructions It was cut in April for sale. State tax forms and instructions On your 2013 tax return, you elect to treat the cutting of the timber as a sale or exchange. State tax forms and instructions You report the difference between the FMV and your adjusted basis for depletion as a gain. State tax forms and instructions This amount is reported on Form 4797 along with your other section 1231 gains and losses to figure whether it is treated as a capital gain or as ordinary gain. State tax forms and instructions You figure your gain as follows. State tax forms and instructions FMV of timber January 1, 2013 $1,400,000 Minus: Adjusted basis for depletion 160,000 Section 1231 gain $1,240,000   The FMV becomes your basis in the cut timber, and a later sale of the cut timber, including any by-product or tree tops, will result in ordinary business income or loss. State tax forms and instructions Outright sales of timber. State tax forms and instructions   Outright sales of timber by landowners qualify for capital gains treatment using rules similar to the rules for certain disposal of timber under a contract with retained economic interest (defined later). State tax forms and instructions However, for outright sales, the date of disposal is not deemed to be the date the timber is cut because the landowner can elect to treat the payment date as the date of disposal (see Date of disposal below). State tax forms and instructions Cutting contract. State tax forms and instructions   You must treat the disposal of standing timber under a cutting contract as a section 1231 transaction if all the following apply to you. State tax forms and instructions You are the owner of the timber. State tax forms and instructions You held the timber longer than 1 year before its disposal. State tax forms and instructions You kept an economic interest in the timber. State tax forms and instructions   You have kept an economic interest in standing timber if, under the cutting contract, the expected return on your investment is conditioned on the cutting of the timber. State tax forms and instructions   The difference between the amount realized from the disposal of the timber and its adjusted basis for depletion is treated as gain or loss on its sale. State tax forms and instructions Include this amount on Form 4797 along with your other section 1231 gains or losses. State tax forms and instructions Date of disposal. State tax forms and instructions   The date of disposal is the date the timber is cut. State tax forms and instructions However, for outright sales by landowners or if you receive payment under the contract before the timber is cut, you can elect to treat the date of payment as the date of disposal. State tax forms and instructions   This election applies only to figure the holding period of the timber. State tax forms and instructions It has no effect on the time for reporting gain or loss (generally when the timber is sold or exchanged). State tax forms and instructions   To make this election, attach a statement to the tax return filed by the due date (including extensions) for the year payment is received. State tax forms and instructions The statement must identify the advance payments subject to the election and the contract under which they were made. State tax forms and instructions   If you timely filed your return for the year you received payment without making the election, you can still make the election by filing an amended return within 6 months after the due date for that year's return (excluding extensions). State tax forms and instructions Attach the statement to the amended return and write “Filed pursuant to section 301. State tax forms and instructions 9100-2” at the top of the statement. State tax forms and instructions File the amended return at the same address the original return was filed. State tax forms and instructions Owner. State tax forms and instructions   An owner is any person who owns an interest in the timber, including a sublessor and the holder of a contract to cut the timber. State tax forms and instructions You own an interest in timber if you have the right to cut it for sale on your own account or for use in your business. State tax forms and instructions Tree stumps. State tax forms and instructions   Tree stumps are a capital asset if they are on land held by an investor who is not in the timber or stump business as a buyer, seller, or processor. State tax forms and instructions Gain from the sale of stumps sold in one lot by such a holder is taxed as a capital gain. State tax forms and instructions However, tree stumps held by timber operators after the saleable standing timber was cut and removed from the land are considered by-products. State tax forms and instructions Gain from the sale of stumps in lots or tonnage by such operators is taxed as ordinary income. State tax forms and instructions   See Form T (Timber) and its separate instructions for more information about dispositions of timber. State tax forms and instructions Sale of a Farm The sale of your farm will usually involve the sale of both nonbusiness property (your home) and business property (the land and buildings used in the farm operation and perhaps machinery and livestock). State tax forms and instructions If you have a gain from the sale, you may be allowed to exclude the gain on your home. State tax forms and instructions For more information, see Publication 523, Selling Your Home. State tax forms and instructions The gain on the sale of your business property is taxable. State tax forms and instructions A loss on the sale of your business property to an unrelated person is deducted as an ordinary loss. State tax forms and instructions Your taxable gain or loss on the sale of property used in your farm business is taxed under the rules for section 1231 transactions. State tax forms and instructions See chapter 9. State tax forms and instructions Losses from personal-use property, other than casualty or theft losses, are not deductible. State tax forms and instructions If you receive payments for your farm in installments, your gain is taxed over the period of years the payments are received, unless you elect not to use the installment method of reporting the gain. State tax forms and instructions See chapter 10 for information about installment sales. State tax forms and instructions When you sell your farm, the gain or loss on each asset is figured separately. State tax forms and instructions The tax treatment of gain or loss on the sale of each asset is determined by the classification of the asset. State tax forms and instructions Each of the assets sold must be classified as one of the following. State tax forms and instructions Capital asset held 1 year or less. State tax forms and instructions Capital asset held longer than 1 year. State tax forms and instructions Property (including real estate) used in your business and held 1 year or less (including draft, breeding, dairy, and sporting animals held less than the holding periods discussed earlier under Livestock ). State tax forms and instructions Property (including real estate) used in your business and held longer than 1 year (including only draft, breeding, dairy, and sporting animals held for the holding periods discussed earlier). State tax forms and instructions Property held primarily for sale or which is of the kind that would be included in inventory if on hand at the end of your tax year. State tax forms and instructions Allocation of consideration paid for a farm. State tax forms and instructions   The sale of a farm for a lump sum is considered a sale of each individual asset rather than a single asset. State tax forms and instructions The residual method is required only if the group of assets sold constitutes a trade or business. State tax forms and instructions This method determines gain or loss from the transfer of each asset. State tax forms and instructions It also determines the buyer's basis in the business assets. State tax forms and instructions For more information, see Sale of a Business in chapter 2 of Publication 544. State tax forms and instructions Property used in farm operation. State tax forms and instructions   The rules for excluding the gain on the sale of your home, described later under Sale of your home , do not apply to the property used for your farming business. State tax forms and instructions Recognized gains and losses on business property must be reported on your return for the year of the sale. State tax forms and instructions If the property was held longer than 1 year, it may qualify for section 1231 treatment (see chapter 9). State tax forms and instructions Example. State tax forms and instructions You sell your farm, including your main home, which you have owned since December 2001. State tax forms and instructions You realize gain on the sale as follows. State tax forms and instructions   Farm   Farm   With Home Without   Home Only Home Selling price $382,000 $158,000 $224,000 Cost (or other basis) 240,000 110,000 130,000 Gain $142,000 $48,000 $94,000 You must report the $94,000 gain from the sale of the property used in your farm business. State tax forms and instructions All or a part of that gain may have to be reported as ordinary income from the recapture of depreciation or soil and water conservation expenses. State tax forms and instructions Treat the balance as section 1231 gain. State tax forms and instructions The $48,000 gain from the sale of your home is not taxable as long as you meet the requirements explained later under Sale of your home . State tax forms and instructions Partial sale. State tax forms and instructions   If you sell only part of your farm, you must report any recognized gain or loss on the sale of that part on your tax return for the year of the sale. State tax forms and instructions You cannot wait until you have sold enough of the farm to recover its entire cost before reporting gain or loss. State tax forms and instructions For a detailed discussion on installment sales, see Publication 544. State tax forms and instructions Adjusted basis of the part sold. State tax forms and instructions   This is the properly allocated part of your original cost or other basis of the entire farm plus or minus necessary adjustments for improvements, depreciation, etc. State tax forms and instructions , on the part sold. State tax forms and instructions If your home is on the farm, you must properly adjust the basis to exclude those costs from your farm asset costs, as discussed below under Sale of your home . State tax forms and instructions Example. State tax forms and instructions You bought a 600-acre farm for $700,000. State tax forms and instructions The farm included land and buildings. State tax forms and instructions The purchase contract designated $600,000 of the purchase price to the land. State tax forms and instructions You later sold 60 acres of land on which you had installed a fence. State tax forms and instructions Your adjusted basis for the part of your farm sold is $60,000 (1/10 of $600,000), plus any unrecovered cost (cost not depreciated) of the fence on the 60 acres at the time of sale. State tax forms and instructions Use this amount to determine your gain or loss on the sale of the 60 acres. State tax forms and instructions Assessed values for local property taxes. State tax forms and instructions   If you paid a flat sum for the entire farm and no other facts are available for properly allocating your original cost or other basis between the land and the buildings, you can use the assessed values for local property taxes for the year of purchase to allocate the costs. State tax forms and instructions Example. State tax forms and instructions Assume that in the preceding example there was no breakdown of the $700,000 purchase price between land and buildings. State tax forms and instructions However, in the year of purchase, local taxes on the entire property were based on assessed valuations of $420,000 for land and $140,000 for improvements, or a total of $560,000. State tax forms and instructions The assessed valuation of the land is 3/4 (75%) of the total assessed valuation. State tax forms and instructions Multiply the $700,000 total purchase price by 75% to figure basis of $525,000 for the 600 acres of land. State tax forms and instructions The unadjusted basis of the 60 acres you sold would then be $52,500 (1/10 of $525,000). State tax forms and instructions Sale of your home. State tax forms and instructions   Your home is a capital asset and not property used in the trade or business of farming. State tax forms and instructions If you sell a farm that includes a house you and your family occupy, you must determine the part of the selling price and the part of the cost or other basis allocable to your home. State tax forms and instructions Your home includes the immediate surroundings and outbuildings relating to it that are not used for business purposes. State tax forms and instructions   If you use part of your home for business, you must make an appropriate adjustment to the basis for depreciation allowed or allowable. State tax forms and instructions For more information on basis, see chapter 6. State tax forms and instructions More information. State tax forms and instructions   For more information on selling your home, see Publication 523. State tax forms and instructions Gain from condemnation. State tax forms and instructions   If you have a gain from a condemnation or sale under threat of condemnation, you may use the preceding rules for excluding the gain, rather than the rules discussed under Postponing Gain in chapter 11. State tax forms and instructions However, any gain that cannot be excluded (because it is more than the limit) may be postponed under the rules discussed under Postponing Gain in chapter 11. State tax forms and instructions Foreclosure or Repossession If you do not make payments you owe on a loan secured by property, the lender may foreclose on the loan or repossess the property. State tax forms and instructions The foreclosure or repossession is treated as a sale or exchange from which you may realize gain or loss. State tax forms and instructions This is true even if you voluntarily return the property to the lender. State tax forms and instructions You may also realize ordinary income from cancellation of debt if the loan balance is more than the FMV of the property. State tax forms and instructions Buyer's (borrower's) gain or loss. State tax forms and instructions   You figure and report gain or loss from a foreclosure or repossession in the same way as gain or loss from a sale or exchange. State tax forms and instructions The gain or loss is the difference between your adjusted basis in the transferred property and the amount realized. State tax forms and instructions See Determining Gain or Loss , earlier. State tax forms and instructions Worksheet 8-1. State tax forms and instructions Worksheet for Foreclosures andRepossessions Part 1. State tax forms and instructions Use Part 1 to figure your ordinary income from the cancellation of debt upon foreclosure or repossession. State tax forms and instructions Complete this part only if you were personally liable for the debt. State tax forms and instructions Otherwise, go to Part 2. State tax forms and instructions   1. State tax forms and instructions Enter the amount of outstanding debt immediately before the transfer of property reduced by any amount for which you remain personally liable after the transfer of property   2. State tax forms and instructions Enter the Fair Market Value of the transferred property   3. State tax forms and instructions Ordinary income from cancellation of debt upon foreclosure or repossession. State tax forms and instructions * Subtract line 2 from line 1. State tax forms and instructions If zero or less, enter -0-   Part 2. State tax forms and instructions Figure your gain or loss from foreclosure or repossession. State tax forms and instructions   4. State tax forms and instructions If you completed Part 1, enter the smaller of line 1 or line 2. State tax forms and instructions If you did not complete Part 1, enter the outstanding debt immediately before the transfer of property   5. State tax forms and instructions Enter any proceeds you received from the foreclosure sale   6. State tax forms and instructions Add lines 4 and 5   7. State tax forms and instructions Enter the adjusted basis of the transferred property   8. State tax forms and instructions Gain or loss from foreclosure or repossession. State tax forms and instructions Subtract line 7  from line 6   * The income may not be taxable. State tax forms and instructions See Cancellation of debt . State tax forms and instructions    You can use Worksheet 8-1 to figure your gain or loss from a foreclosure or repossession. State tax forms and instructions Amount realized on a nonrecourse debt. State tax forms and instructions   If you are not personally liable for repaying the debt (nonrecourse debt) secured by the transferred property, the amount you realize includes the full amount of the debt canceled by the transfer. State tax forms and instructions The full canceled debt is included in the amount realized even if the fair market value of the property is less than the canceled debt. State tax forms and instructions Example 1. State tax forms and instructions Ann paid $200,000 for land used in her farming business. State tax forms and instructions She paid $15,000 down and borrowed the remaining $185,000 from a bank. State tax forms and instructions Ann is not personally liable for the loan (nonrecourse debt), but pledges the land as security. State tax forms and instructions The bank foreclosed on the loan 2 years after Ann stopped making payments. State tax forms and instructions When the bank foreclosed, the balance due on the loan was $180,000 and the FMV of the land was $170,000. State tax forms and instructions The amount Ann realized on the foreclosure was $180,000, the debt canceled by the foreclosure. State tax forms and instructions She figures her gain or loss on Form 4797, Part I, by comparing the amount realized ($180,000) with her adjusted basis ($200,000). State tax forms and instructions She has a $20,000 deductible loss. State tax forms and instructions Example 2. State tax forms and instructions Assume the same facts as in Example 1 except the FMV of the land was $210,000. State tax forms and instructions The result is the same. State tax forms and instructions The amount Ann realized on the foreclosure is $180,000, the debt canceled by the foreclosure. State tax forms and instructions Because her adjusted basis is $200,000, she has a deductible loss of $20,000, which she reports on Form 4797, Part I. State tax forms and instructions Amount realized on a recourse debt. State tax forms and instructions   If you are personally liable for the debt (recourse debt), the amount realized on the foreclosure or repossession includes the lesser of: The outstanding debt immediately before the transfer reduced by any amount for which you remain personally liable immediately after the transfer, or The fair market value of the transferred property. State tax forms and instructions   You are treated as receiving ordinary income from the canceled debt for the part of the debt that is more than the fair market value. State tax forms and instructions The amount realized does not include the canceled debt that is your income from cancellation of debt. State tax forms and instructions See Cancellation of debt , later. State tax forms and instructions Example 3. State tax forms and instructions Assume the same facts as in Example 1 above except Ann is personally liable for the loan (recourse debt). State tax forms and instructions In this case, the amount she realizes is $170,000. State tax forms and instructions This is the canceled debt ($180,000) up to the FMV of the land ($170,000). State tax forms and instructions Ann figures her gain or loss on the foreclosure by comparing the amount realized ($170,000) with her adjusted basis ($200,000). State tax forms and instructions She has a $30,000 deductible loss, which she figures on Form 4797, Part I. State tax forms and instructions She is also treated as receiving ordinary income from cancellation of debt. State tax forms and instructions That income is $10,000 ($180,000 − $170,000). State tax forms and instructions This is the part of the canceled debt not included in the amount realized. State tax forms and instructions She reports this as other income on Schedule F, line 8. State tax forms and instructions Seller's (lender's) gain or loss on repossession. State tax forms and instructions   If you finance a buyer's purchase of property and later acquire an interest in it through foreclosure or repossession, you may have a gain or loss on the acquisition. State tax forms and instructions For more information, see Repossession in Publication 537, Installment Sales. State tax forms and instructions Cancellation of debt. State tax forms and instructions   If property that is repossessed or foreclosed upon secures a debt for which you are personally liable (recourse debt), you generally must report as ordinary income the amount by which the canceled debt is more than the FMV of the property. State tax forms and instructions This income is separate from any gain or loss realized from the foreclosure or repossession. State tax forms and instructions Report the income from cancellation of a business debt on Schedule F, line 8. State tax forms and instructions Report the income from cancellation of a nonbusiness debt as miscellaneous income on Form 1040. State tax forms and instructions    You can use Worksheet 8-1 to figure your income from cancellation of debt. State tax forms and instructions   However, income from cancellation of debt is not taxed if any of the following apply. State tax forms and instructions The cancellation is intended as a gift. State tax forms and instructions The debt is qualified farm debt (see chapter 3). State tax forms and instructions The debt is qualified real property business debt (see chapter 5 of Publication 334). State tax forms and instructions You are insolvent or bankrupt (see  chapter 3). State tax forms and instructions The debt is qualified principal residence indebtedness (see chapter 3). State tax forms and instructions   Use Form 982 to report the income exclusion. State tax forms and instructions Abandonment The abandonment of property is a disposition of property. State tax forms and instructions You abandon property when you voluntarily and permanently give up possession and use of the property with the intention of ending your ownership, but without passing it on to anyone else. State tax forms and instructions Business or investment property. State tax forms and instructions   Loss from abandonment of business or investment property is deductible as a loss. State tax forms and instructions Loss from abandonment of business or investment property that is not treated as a sale or exchange generally is an ordinary loss. State tax forms and instructions If your adjusted basis is more than the amount you realize (if any), then you have a loss. State tax forms and instructions If the amount you realize (if any) is more than your adjusted basis, then you have a gain. State tax forms and instructions This rule also applies to leasehold improvements the lessor made for the lessee. State tax forms and instructions However, if the property is foreclosed on or repossessed in lieu of abandonment, gain or loss is figured as discussed earlier under Foreclosure or Repossession . State tax forms and instructions   If the abandoned property is secured by debt, special rules apply. State tax forms and instructions The tax consequences of abandonment of property that secures a debt depend on whether you are personally liable for the debt (recourse debt) or were not personally liable for the debt (nonrecourse debt). State tax forms and instructions For more information, see chapter 3 of Publication 4681, Canceled Debts, Foreclosures, Repossessions, and Abandonments (for Individuals). State tax forms and instructions The abandonment loss is deducted in the tax year in which the loss is sustained. State tax forms and instructions Report the loss on Form 4797, Part II, line 10. State tax forms and instructions Personal-use property. State tax forms and instructions   You cannot deduct any loss from abandonment of your home or other property held for personal use. State tax forms and instructions Canceled debt. State tax forms and instructions   If the abandoned property secures a debt for which you are personally liable and the debt is canceled, you will realize ordinary income equal to the canceled debt. State tax forms and instructions This income is separate from any loss realized from abandonment of the property. State tax forms and instructions Report income from cancellation of a debt related to a business or rental activity as business or rental income. State tax forms and instructions Report income from cancellation of a nonbusiness debt as miscellaneous income on Form 1040. State tax forms and instructions   However, income from cancellation of debt is not taxed in certain circumstances. State tax forms and instructions See Cancellation of debt earlier under Foreclosure or Repossession . State tax forms and instructions Forms 1099-A and 1099-C. State tax forms and instructions   A lender who acquires an interest in your property in a foreclosure, repossession, or abandonment should send you Form 1099-A showing the information you need to figure your loss from the foreclosure, repossession, or abandonment. State tax forms and instructions However, if the lender cancels part of your debt and the lender must file Form 1099-C, the lender may include the information about the foreclosure, repossession, or abandonment on that form instead of Form 1099-A. State tax forms and instructions The lender must file Form 1099-C and send you a copy if the canceled debt is $600 or more and the lender is a financial institution, credit union, federal government agency, or any organization that has a significant trade or business of lending money. State tax forms and instructions For foreclosures, repossessions, abandonments of property, and debt cancellations occurring in 2013, these forms should be sent to you by January 31, 2014. State tax forms and instructions Prev  Up  Next   Home   More Online Publications
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Consumer Protection Offices

City, county, regional, and state consumer offices offer a variety of important services. They might mediate complaints, conduct investigations, prosecute offenders of consumer laws, license and regulate professional service providers, provide educational materials and advocate for consumer rights. To save time, call before sending a written complaint. Ask if the office handles the type of complaint you have and if complaint forms are provided.

State Consumer Protection Offices

Nevada Department of Business and Industry

Website: Nevada Department of Business and Industry

Address: Nevada Department of Business and Industry
Fight Fraud Task Force
555 E. Washington Ave., Suite 4900
Las Vegas, NV 89101

Phone Number: 702-486-2750

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Banking Authorities

The officials listed in this section regulate and supervise state-chartered banks. Many of them handle or refer problems and complaints about other types of financial institutions as well. Some also answer general questions about banking and consumer credit. If you are dealing with a federally chartered bank, check Federal Agencies.

Department of Business and Industry

Website: Department of Business and Industry

Address: Department of Business and Industry
Financial Institutions Division
2785 E. Desert Inn Rd., Suite 180
Las Vegas, NV 89121

Phone Number: 702-486-4120

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Insurance Regulators

Each state has its own laws and regulations for each type of insurance. The officials listed in this section enforce these laws. Many of these offices can also provide you with information to help you make informed insurance buying decisions.

Department of Business and Industry

Website: Department of Business and Industry

Address: Department of Business and Industry
Division of Insurance
2501 E. Sahara Ave., Suite 302
Las Vegas, NV 89104

Phone Number: 702-486-4009

Toll-free: 1-888-872-3234 (NV)

Department of Business and Industry

Website: Department of Business and Industry

Address: Department of Business and Industry
Division of Insurance
Consumer Services Section

1818 E. College Pkwy., Suite 103
Carson City, NV 89706

Phone Number: 775-687-0700

Toll-free: 1-888-872-3234 (NV)

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Securities Administrators

Each state has its own laws and regulations for securities brokers and securities - including stocks, mutual funds, commodities, real estate, etc. The officials and agencies listed in this section enforce these laws and regulations. Many of these offices can also provide information to help you make informed investment decisions.

Office of the Secretary of State

Website: Office of the Secretary of State

Address: Office of the Secretary of State
Securities Division
555 E. Washington Ave.,
Suite 5200
Las Vegas, NV 89101

Phone Number: 702-486-2440

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Utility Commissions

State Utility Commissions regulate services and rates for gas, electricity and telephones within your state. In some states, the utility commissions regulate other services such as water, transportation, and the moving of household goods. Many utility commissions handle consumer complaints. Sometimes, if a number of complaints are received about the same utility matter, they will conduct investigations.

Public Utilities Commission - Northern NV

Website: Public Utilities Commission - Northern NV

Address: Public Utilities Commission - Northern NV
Consumer Complaint Resolution Division
1150 E. William St.
Carson City, NV 89701-3109

Phone Number: 775-684-6100

Public Utilities Commission - Southern NV

Website: Public Utilities Commission - Southern NV

Address: Public Utilities Commission - Southern NV
Consumer Complaint Resolution Division
9075 W. Diablo Dr., Suite 250
Las Vegas, NV 89148

Phone Number: 702-486-2600

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The State Tax Forms And Instructions

State tax forms and instructions Publication 536 - Introductory Material Table of Contents Reminders IntroductionOrdering forms and publications. State tax forms and instructions Tax questions. State tax forms and instructions Useful Items - You may want to see: Reminders Future developments. State tax forms and instructions  For the latest developments related to Publication 536, such as legislation enacted after we release it, go to www. State tax forms and instructions irs. State tax forms and instructions gov/pub536. State tax forms and instructions Photographs of missing children. State tax forms and instructions  The Internal Revenue Service is a proud partner with the National Center for Missing and Exploited Children. State tax forms and instructions Photographs of missing children selected by the Center may appear in this publication on pages that would otherwise be blank. State tax forms and instructions You can help bring these children home by looking at the photographs and calling 1-800-THE-LOST (1-800-843-5678) if you recognize a child. State tax forms and instructions Introduction If your deductions for the year are more than your income for the year, you may have a net operating loss (NOL). State tax forms and instructions An NOL year is the year in which an NOL occurs. State tax forms and instructions You can use an NOL by deducting it from your income in another year or years. State tax forms and instructions What this publication covers. State tax forms and instructions   This publication discusses NOLs for individuals, estates, and trusts. State tax forms and instructions It covers: How to figure an NOL, When to use an NOL, How to claim an NOL deduction, and How to figure an NOL carryover. State tax forms and instructions To have an NOL, your loss must generally be caused by deductions from your: Trade or business, Work as an employee, Casualty and theft losses, Moving expenses, or Rental property. State tax forms and instructions A loss from operating a business is the most common reason for an NOL. State tax forms and instructions Partnerships and S corporations generally cannot use an NOL. State tax forms and instructions However, partners or shareholders can use their separate shares of the partnership's or S corporation's business income and business deductions to figure their individual NOLs. State tax forms and instructions Keeping records. State tax forms and instructions   You should keep records for any tax year that generates an NOL for 3 years after you have used the carryback/carryforward or 3 years after the carryforward expires. State tax forms and instructions    You should attach all required documents to the Form 1045 or Form 1040X. State tax forms and instructions For details, see the instructions for Form 1045 or Form 1040X. State tax forms and instructions What is not covered in this publication?   The following topics are not covered in this publication. State tax forms and instructions Bankruptcies. State tax forms and instructions See Publication 908, Bankruptcy Tax Guide. State tax forms and instructions NOLs of corporations. State tax forms and instructions See Publication 542, Corporations. State tax forms and instructions Section references. State tax forms and instructions   Section references are to the Internal Revenue Code unless otherwise noted. State tax forms and instructions Comments and suggestions. State tax forms and instructions   We welcome your comments about this publication and your suggestions for future editions. State tax forms and instructions   You can write to us at the following address: Internal Revenue Service Tax Forms and Publications Division 1111 Constitution Ave. State tax forms and instructions NW, IR-6526 Washington, DC 20224   We respond to many letters by telephone. State tax forms and instructions Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your correspondence. State tax forms and instructions   You can send your comments from www. State tax forms and instructions irs. State tax forms and instructions gov/formspubs/. State tax forms and instructions Click on “More Information. State tax forms and instructions ” and then on “Comment on Tax Forms and Publications. State tax forms and instructions ”   Although we cannot respond individually to each comment received, we do appreciate your feedback and will consider your comments as we revise our tax products. State tax forms and instructions Ordering forms and publications. State tax forms and instructions   Visit www. State tax forms and instructions irs. State tax forms and instructions gov/formspubs/ to download forms and publications, call 1-800-TAX-FORM (1-800-829-3676), or write to the address below and receive a response within 10 days after your request is received. State tax forms and instructions Internal Revenue Service 1201 N. State tax forms and instructions Mitsubishi Motorway Bloomington, IL 61705-6613 Tax questions. State tax forms and instructions   If you have a tax question, check the information available on IRS. State tax forms and instructions gov or call 1-800-829-1040. State tax forms and instructions We cannot answer tax questions sent to either of the above addresses. State tax forms and instructions Useful Items - You may want to see: Form (and Instructions) 1040X Amended U. State tax forms and instructions S. State tax forms and instructions Individual Income Tax Return 1045 Application for Tentative Refund   See How To Get Tax Help near the end of this publication for information about getting these forms. State tax forms and instructions Prev  Up  Next   Home   More Online Publications