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Tax Forms For 2012 Federal

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Tax Forms For 2012 Federal

Tax forms for 2012 federal 32. Tax forms for 2012 federal   Child and Dependent Care Credit Table of Contents Reminders Introduction Useful Items - You may want to see: Tests To Claim the CreditQualifying Person Test Earned Income Test Work-Related Expense Test Joint Return Test Provider Identification Test How To Figure the CreditFiguring Total Work-Related Expenses Earned Income Limit Dollar Limit Amount of Credit How To Claim the CreditTax credit not refundable. Tax forms for 2012 federal Employment Taxes for Household Employers Reminders Taxpayer identification number needed for each qualifying person. Tax forms for 2012 federal  You must include on line 2 of Form 2441 the name and taxpayer identification number (generally the social security number) of each qualifying person. Tax forms for 2012 federal See Taxpayer identification number under Qualifying Person Test, later. Tax forms for 2012 federal You may have to pay employment taxes. Tax forms for 2012 federal  If you pay someone to come to your home and care for your dependent or spouse, you may be a household employer who has to pay employment taxes. Tax forms for 2012 federal Usually, you are not a household employer if the person who cares for your dependent or spouse does so at his or her home or place of business. Tax forms for 2012 federal See Employment Taxes for Household Employers , later. Tax forms for 2012 federal Introduction This chapter discusses the credit for child and dependent care expenses and covers the following topics. Tax forms for 2012 federal Tests you must meet to claim the credit. Tax forms for 2012 federal How to figure the credit. Tax forms for 2012 federal How to claim the credit. Tax forms for 2012 federal Employment taxes you may have to pay as a household employer. Tax forms for 2012 federal You may be able to claim the credit if you pay someone to care for your dependent who is under age 13 or for your spouse or dependent who is not able to care for himself or herself. Tax forms for 2012 federal The credit can be up to 35% of your expenses. Tax forms for 2012 federal To qualify, you must pay these expenses so you can work or look for work. Tax forms for 2012 federal This credit should not be confused with the child tax credit discussed in chapter 34. Tax forms for 2012 federal Dependent care benefits. Tax forms for 2012 federal   If you received any dependent care benefits from your employer during the year, you may be able to exclude from your income all or part of them. Tax forms for 2012 federal You must complete Form 2441, Part III, before you can figure the amount of your credit. Tax forms for 2012 federal See Dependent Care Benefits under How To Figure the Credit, later. Tax forms for 2012 federal Useful Items - You may want to see: Publication 501 Exemptions, Standard Deduction, and Filing Information 503 Child and Dependent Care Expenses 926 Household Employer's Tax Guide Form (and Instructions) 2441 Child and Dependent Care Expenses Schedule H (Form 1040) Household Employment Taxes W-7 Application for IRS Individual Taxpayer Identification Number W-10 Dependent Care Provider's Identification and Certification Tests To Claim the Credit To be able to claim the credit for child and dependent care expenses, you must file Form 1040 or Form 1040A, not Form 1040EZ, and meet all the following tests. Tax forms for 2012 federal The care must be for one or more qualifying persons who are identified on Form 2441. Tax forms for 2012 federal (See Qualifying Person Test . Tax forms for 2012 federal ) You (and your spouse if filing jointly) must have earned income during the year. Tax forms for 2012 federal (However, see Rule for student-spouse or spouse not able to care for self under Earned Income Test, later. Tax forms for 2012 federal ) You must pay child and dependent care expenses so you (and your spouse if filing jointly) can work or look for work. Tax forms for 2012 federal (See Work-Related Expense Test , later. Tax forms for 2012 federal ) You must make payments for child and dependent care to someone you (and your spouse) cannot claim as a dependent. Tax forms for 2012 federal If you make payments to your child, he or she cannot be your dependent and must be age 19 or older by the end of the year. Tax forms for 2012 federal You cannot make payments to: Your spouse, or The parent of your qualifying person if your qualifying person is your child and under age 13. Tax forms for 2012 federal (See Payments to Relatives or Dependents under Work-Related Expense Test, later. Tax forms for 2012 federal ) Your filing status may be single, head of household, or qualifying widow(er) with dependent child. Tax forms for 2012 federal If you are married, you must file a joint return, unless an exception applies to you. Tax forms for 2012 federal (See Joint Return Test , later. Tax forms for 2012 federal ) You must identify the care provider on your tax return. Tax forms for 2012 federal (See Provider Identification Test , later. Tax forms for 2012 federal ) If you exclude or deduct dependent care benefits provided by a dependent care benefits plan, the total amount you exclude or deduct must be less than the dollar limit for qualifying expenses (generally, $3,000 if one qualifying person was cared for or $6,000 if two or more qualifying persons were cared for). Tax forms for 2012 federal (If two or more qualifying persons were cared for, the amount you exclude or deduct will always be less than the dollar limit, since the total amount you can exclude or deduct is limited to $5,000. Tax forms for 2012 federal See Reduced Dollar Limit under How To Figure the Credit, later. Tax forms for 2012 federal ) These tests are presented in Figure 32-A and are also explained in detail in this chapter. Tax forms for 2012 federal Figure 32-A. Tax forms for 2012 federal Can You Claim the Credit? Please click here for the text description of the image. Tax forms for 2012 federal Figure 32-A Can You Claim the Credit? Qualifying Person Test Your child and dependent care expenses must be for the care of one or more qualifying persons. Tax forms for 2012 federal A qualifying person is: Your qualifying child who is your dependent and who was under age 13 when the care was provided (but see Child of divorced or separated parents or parents living apart, later), Your spouse who was not physically or mentally able to care for himself or herself and lived with you for more than half the year, or A person who was not physically or mentally able to care for himself or herself, lived with you for more than half the year, and either: Was your dependent, or Would have been your dependent except that: He or she received gross income of $3,900 or more, He or she filed a joint return, or You, or your spouse if filing jointly, could be claimed as a dependent on someone else's 2013 return. Tax forms for 2012 federal Dependent defined. Tax forms for 2012 federal   A dependent is a person, other than you or your spouse, for whom you can claim an exemption. Tax forms for 2012 federal To be your dependent, a person must be your qualifying child (or your qualifying relative). Tax forms for 2012 federal Qualifying child. Tax forms for 2012 federal   To be your qualifying child, a child must live with you for more than half the year and meet other requirements. Tax forms for 2012 federal More information. Tax forms for 2012 federal   For more information about who is a dependent or a qualifying child, see chapter 3. Tax forms for 2012 federal Physically or mentally not able to care for oneself. Tax forms for 2012 federal   Persons who cannot dress, clean, or feed themselves because of physical or mental problems are considered not able to care for themselves. Tax forms for 2012 federal Also, persons who must have constant attention to prevent them from injuring themselves or others are considered not able to care for themselves. Tax forms for 2012 federal Person qualifying for part of year. Tax forms for 2012 federal   You determine a person's qualifying status each day. Tax forms for 2012 federal For example, if the person for whom you pay child and dependent care expenses no longer qualifies on September 16, count only those expenses through September 15. Tax forms for 2012 federal Also see Yearly limit under Dollar Limit, later. Tax forms for 2012 federal Birth or death of otherwise qualifying person. Tax forms for 2012 federal   In determining whether a person is a qualifying person, a person who was born or died in 2013 is treated as having lived with you for more than half of 2013 if your home was the person's home for more than half the time he or she was alive in 2013. Tax forms for 2012 federal Taxpayer identification number. Tax forms for 2012 federal   You must include on your return the name and taxpayer identification number (generally the social security number) of the qualifying person(s). Tax forms for 2012 federal If the correct information is not shown, the credit may be reduced or disallowed. Tax forms for 2012 federal Individual taxpayer identification number (ITIN) for aliens. Tax forms for 2012 federal   If your qualifying person is a nonresident or resident alien who does not have and cannot get a social security number (SSN), use that person's ITIN. Tax forms for 2012 federal The ITIN is entered wherever an SSN is requested on a tax return. Tax forms for 2012 federal To apply for an ITIN, see Form W-7. Tax forms for 2012 federal   An ITIN is for tax use only. Tax forms for 2012 federal It does not entitle the holder to social security benefits or change the holder's employment or immigration status under U. Tax forms for 2012 federal S. Tax forms for 2012 federal law. Tax forms for 2012 federal Adoption taxpayer identification number (ATIN). Tax forms for 2012 federal   If your qualifying person is a child who was placed in your home for adoption and for whom you do not have an SSN, you must get an ATIN for the child. Tax forms for 2012 federal File Form W-7A, Application for Taxpayer Identification Number for Pending U. Tax forms for 2012 federal S. Tax forms for 2012 federal Adoptions. Tax forms for 2012 federal Child of divorced or separated parents or parents living apart. Tax forms for 2012 federal   Even if you cannot claim your child as a dependent, he or she is treated as your qualifying person if: The child was under age 13 or was not physically or mentally able to care for himself or herself, The child received over half of his or her support during the calendar year from one or both parents who are divorced or legally separated under a decree of divorce or separate maintenance, are separated under a written separation agreement, or lived apart at all times during the last 6 months of the calendar year, The child was in the custody of one or both parents for more than half the year, and You were the child's custodial parent. Tax forms for 2012 federal   The custodial parent is the parent with whom the child lived for the greater number of nights in 2013. Tax forms for 2012 federal If the child was with each parent for an equal number of nights, the custodial parent is the parent with the higher adjusted gross income. Tax forms for 2012 federal For details and an exception for a parent who works at night, see Pub. Tax forms for 2012 federal 501. Tax forms for 2012 federal   The noncustodial parent cannot treat the child as a qualifying person even if that parent is entitled to claim the child as a dependent under the special rules for a child of divorced or separated parents. Tax forms for 2012 federal Earned Income Test To claim the credit, you (and your spouse if filing jointly) must have earned income during the year. Tax forms for 2012 federal Earned income. Tax forms for 2012 federal   Earned income includes wages, salaries, tips, other taxable employee compensation, and net earnings from self-employment. Tax forms for 2012 federal A net loss from self-employment reduces earned income. Tax forms for 2012 federal Earned income also includes strike benefits and any disability pay you report as wages. Tax forms for 2012 federal   Generally, only taxable compensation is included. Tax forms for 2012 federal However, you can elect to include nontaxable combat pay in earned income. Tax forms for 2012 federal If you are filing a joint return and both you and your spouse received nontaxable combat pay, you can each make your own election. Tax forms for 2012 federal (In other words, if one of you makes the election, the other one can also make it but does not have to. Tax forms for 2012 federal ) You should figure your credit both ways and make the election if it gives you a greater tax benefit. Tax forms for 2012 federal Members of certain religious faiths opposed to social security. Tax forms for 2012 federal   Certain income earned by persons who are members of certain religious faiths that are opposed to participation in Social Security Act programs and have an IRS-approved form that exempts certain income from social security and Medicare taxes may not be considered earned income for this purpose. Tax forms for 2012 federal See Earned Income Test in Publication 503. Tax forms for 2012 federal Not earned income. Tax forms for 2012 federal   Earned income does not include: Pensions and annuities, Social security and railroad retirement benefits, Workers' compensation, Interest and dividends, Unemployment compensation, Scholarship or fellowship grants, except for those reported on a Form W-2 and paid to you for teaching or other services, Nontaxable workfare payments, Child support payments received by you, Income of nonresident aliens that is not effectively connected with a U. Tax forms for 2012 federal S. Tax forms for 2012 federal trade or business, or Any amount received for work while an inmate in a penal institution. Tax forms for 2012 federal Rule for student-spouse or spouse not able to care for self. Tax forms for 2012 federal   Your spouse is treated as having earned income for any month that he or she is: A full-time student, or Physically or mentally not able to care for himself or herself. Tax forms for 2012 federal (Your spouse also must live with you for more than half the year. Tax forms for 2012 federal )   If you are filing a joint return, this rule also applies to you. Tax forms for 2012 federal You can be treated as having earned income for any month you are a full-time student or not able to care for yourself. Tax forms for 2012 federal   Figure the earned income of the nonworking spouse described under (1) or (2) above as explained under Earned Income Limit , later. Tax forms for 2012 federal   This rule applies to only one spouse for any one month. Tax forms for 2012 federal If, in the same month, both you and your spouse do not work and are either full-time students or not physically or mentally able to care for yourselves, only one of you can be treated as having earned income in that month. Tax forms for 2012 federal Full-time student. Tax forms for 2012 federal   You are a full-time student if you are enrolled at a school for the number of hours or classes that the school considers full time. Tax forms for 2012 federal You must have been a full-time student for some part of each of 5 calendar months during the year. Tax forms for 2012 federal (The months need not be consecutive. Tax forms for 2012 federal ) School. Tax forms for 2012 federal   The term “school” includes high schools, colleges, universities, and technical, trade, and mechanical schools. Tax forms for 2012 federal A school does not include an on-the-job training course, correspondence school, or school offering courses only through the Internet. Tax forms for 2012 federal Work-Related Expense Test Child and dependent care expenses must be work-related to qualify for the credit. Tax forms for 2012 federal Expenses are considered work-related only if both of the following are true. Tax forms for 2012 federal They allow you (and your spouse if filing jointly) to work or look for work. Tax forms for 2012 federal They are for a qualifying person's care. Tax forms for 2012 federal Working or Looking for Work To be work-related, your expenses must allow you to work or look for work. Tax forms for 2012 federal If you are married, generally both you and your spouse must work or look for work. Tax forms for 2012 federal One spouse is treated as working during any month he or she is a full-time student or is not physically or mentally able to care for himself or herself. Tax forms for 2012 federal Your work can be for others or in your own business or partnership. Tax forms for 2012 federal It can be either full time or part time. Tax forms for 2012 federal Work also includes actively looking for work. Tax forms for 2012 federal However, if you do not find a job and have no earned income for the year, you cannot take this credit. Tax forms for 2012 federal See Earned Income Test , earlier. Tax forms for 2012 federal An expense is not considered work-related merely because you had it while you were working. Tax forms for 2012 federal The purpose of the expense must be to allow you to work. Tax forms for 2012 federal Whether your expenses allow you to work or look for work depends on the facts. Tax forms for 2012 federal Example 1. Tax forms for 2012 federal The cost of a babysitter while you and your spouse go out to eat is not normally a work-related expense. Tax forms for 2012 federal Example 2. Tax forms for 2012 federal You work during the day. Tax forms for 2012 federal Your spouse works at night and sleeps during the day. Tax forms for 2012 federal You pay for care of your 5-year-old child during the hours when you are working and your spouse is sleeping. Tax forms for 2012 federal Your expenses are considered work-related. Tax forms for 2012 federal Volunteer work. Tax forms for 2012 federal    For this purpose, you are not considered to be working if you do unpaid volunteer work or volunteer work for a nominal salary. Tax forms for 2012 federal Work for part of year. Tax forms for 2012 federal   If you work or actively look for work during only part of the period covered by the expenses, then you must figure your expenses for each day. Tax forms for 2012 federal For example, if you work all year and pay care expenses of $250 a month ($3,000 for the year), all the expenses are work-related. Tax forms for 2012 federal However, if you work or look for work for only 2 months and 15 days during the year and pay expenses of $250 a month, your work-related expenses are limited to $625 (2½ months × $250). Tax forms for 2012 federal Temporary absence from work. Tax forms for 2012 federal   You do not have to figure your expenses for each day during a short, temporary absence from work, such as for vacation or a minor illness, if you have to pay for care anyway. Tax forms for 2012 federal Instead, you can figure your credit including the expenses you paid for the period of absence. Tax forms for 2012 federal   An absence of 2 weeks or less is a short, temporary absence. Tax forms for 2012 federal An absence of more than 2 weeks may be considered a short, temporary absence, depending on the circumstances. Tax forms for 2012 federal Example. Tax forms for 2012 federal You pay a nanny to care for your 2-year-old son and 4-year-old daughter so you can work. Tax forms for 2012 federal You become ill and miss 4 months of work but receive sick pay. Tax forms for 2012 federal You continue to pay the nanny to care for the children while you are ill. Tax forms for 2012 federal Your absence is not a short, temporary absence, and your expenses are not considered work-related. Tax forms for 2012 federal Part-time work. Tax forms for 2012 federal   If you work part-time, you generally must figure your expenses for each day. Tax forms for 2012 federal However, if you have to pay for care weekly, monthly, or in another way that includes both days worked and days not worked, you can figure your credit including the expenses you paid for days you did not work. Tax forms for 2012 federal Any day when you work at least 1 hour is a day of work. Tax forms for 2012 federal Example 1. Tax forms for 2012 federal You work 3 days a week. Tax forms for 2012 federal While you work, your 6-year-old child attends a dependent care center, which complies with all state and local regulations. Tax forms for 2012 federal You can pay the center $150 for any 3 days a week or $250 for 5 days a week. Tax forms for 2012 federal Your child attends the center 5 days a week. Tax forms for 2012 federal Your work-related expenses are limited to $150 a week. Tax forms for 2012 federal Example 2. Tax forms for 2012 federal The facts are the same as in Example 1 except the center does not offer a 3-day option. Tax forms for 2012 federal The entire $250 weekly fee may be a work-related expense. Tax forms for 2012 federal Care of a Qualifying Person To be work-related, your expenses must be to provide care for a qualifying person. Tax forms for 2012 federal You do not have to choose the least expensive way of providing care. Tax forms for 2012 federal The cost of a paid care provider may be an expense for the care of a qualifying person even if another care provider is available at no cost. Tax forms for 2012 federal Expenses are for the care of a qualifying person only if their main purpose is the person's well-being and protection. Tax forms for 2012 federal Expenses for household services qualify if part of the services is for the care of qualifying persons. Tax forms for 2012 federal See Household services , later. Tax forms for 2012 federal Expenses not for care. Tax forms for 2012 federal   Expenses for care do not include amounts you pay for food, lodging, clothing, education, and entertainment. Tax forms for 2012 federal However, you can include small amounts paid for these items if they are incidental to and cannot be separated from the cost of caring for the qualifying person. Tax forms for 2012 federal   Child support payments are not for care and do not qualify for the credit. Tax forms for 2012 federal Education. Tax forms for 2012 federal   Expenses for a child in nursery school, preschool, or similar programs for children below the level of kindergarten are expenses for care. Tax forms for 2012 federal Expenses to attend kindergarten or a higher grade are not expenses for care. Tax forms for 2012 federal Do not use these expenses to figure your credit. Tax forms for 2012 federal   However, expenses for before- or after-school care of a child in kindergarten or a higher grade may be expenses for care. Tax forms for 2012 federal   Summer school and tutoring programs are not for care. Tax forms for 2012 federal Example 1. Tax forms for 2012 federal You take your 3-year-old child to a nursery school that provides lunch and educational activities as a part of its preschool childcare service. Tax forms for 2012 federal The lunch and educational activities are incidental to the childcare, and their cost cannot be separated from the cost of care. Tax forms for 2012 federal You can count the total cost when you figure the credit. Tax forms for 2012 federal Example 2. Tax forms for 2012 federal You place your 10-year-old child in a boarding school so you can work full time. Tax forms for 2012 federal Only the part of the boarding school expense that is for the care of your child is a work-related expense. Tax forms for 2012 federal You can count that part of the expense in figuring your credit if it can be separated from the cost of education. Tax forms for 2012 federal You cannot count any part of the amount you pay the school for your child's education. Tax forms for 2012 federal Care outside your home. Tax forms for 2012 federal   You can count the cost of care provided outside your home if the care is for your dependent under age 13 or any other qualifying person who regularly spends at least 8 hours each day in your home. Tax forms for 2012 federal Dependent care center. Tax forms for 2012 federal   You can count care provided outside your home by a dependent care center only if the center complies with all state and local regulations that apply to these centers. Tax forms for 2012 federal   A dependent care center is a place that provides care for more than six persons (other than persons who live there) and receives a fee, payment, or grant for providing services for any of those persons, even if the center is not run for profit. Tax forms for 2012 federal Camp. Tax forms for 2012 federal   The cost of sending your child to an overnight camp is not considered a work-related expense. Tax forms for 2012 federal The cost of sending your child to a day camp may be a work-related expense, even if the camp specializes in a particular activity, such as computers or soccer. Tax forms for 2012 federal Transportation. Tax forms for 2012 federal   If a care provider takes a qualifying person to or from a place where care is provided, that transportation is for the care of the qualifying person. Tax forms for 2012 federal This includes transportation by bus, subway, taxi, or private car. Tax forms for 2012 federal However, transportation not provided by a care provider is not for the care of a qualifying person. Tax forms for 2012 federal Also, if you pay the transportation cost for the care provider to come to your home, that expense is not for care of a qualifying person. Tax forms for 2012 federal Fees and deposits. Tax forms for 2012 federal   Fees you paid to an agency to get the services of a care provider, deposits you paid to an agency or preschool, application fees, and other indirect expenses are work-related expenses if you have to pay them to get care, even though they are not directly for care. Tax forms for 2012 federal However, a forfeited deposit is not for the care of a qualifying person if care is not provided. Tax forms for 2012 federal Example 1. Tax forms for 2012 federal You paid a fee to an agency to get the services of the nanny who cares for your 2-year-old daughter while you work. Tax forms for 2012 federal The fee you paid is a work-related expense. Tax forms for 2012 federal Example 2. Tax forms for 2012 federal You placed a deposit with a preschool to reserve a place for your 3-year-old child. Tax forms for 2012 federal You later sent your child to a different preschool and forfeited the deposit. Tax forms for 2012 federal The forfeited deposit is not for care and so is not a work-related expense. Tax forms for 2012 federal Household services. Tax forms for 2012 federal   Expenses you pay for household services meet the work-related expense test if they are at least partly for the well-being and protection of a qualifying person. Tax forms for 2012 federal   Household services are ordinary and usual services done in and around your home that are necessary to run your home. Tax forms for 2012 federal They include the services of a housekeeper, maid, or cook. Tax forms for 2012 federal However, they do not include the services of a chauffeur, bartender, or gardener. Tax forms for 2012 federal See Household Services in Publication 503 for more information. Tax forms for 2012 federal   In this chapter, the term housekeeper refers to any household employee whose services include the care of a qualifying person. Tax forms for 2012 federal Taxes paid on wages. Tax forms for 2012 federal   The taxes you pay on wages for qualifying child and dependent care services are work-related expenses. Tax forms for 2012 federal See Employment Taxes for Household Employers , later. Tax forms for 2012 federal Payments to Relatives or Dependents You can count work-related payments you make to relatives who are not your dependents, even if they live in your home. Tax forms for 2012 federal However, do not count any amounts you pay to: A dependent for whom you (or your spouse if filing jointly) can claim an exemption, Your child who was under age 19 at the end of the year, even if he or she is not your dependent, A person who was your spouse any time during the year, or The parent of your qualifying person if your qualifying person is your child and under age 13. Tax forms for 2012 federal Joint Return Test Generally, married couples must file a joint return to take the credit. Tax forms for 2012 federal However, if you are legally separated or living apart from your spouse, you may be able to file a separate return and still take the credit. Tax forms for 2012 federal Legally separated. Tax forms for 2012 federal   You are not considered married if you are legally separated from your spouse under a decree of divorce or separate maintenance. Tax forms for 2012 federal You may be eligible to take the credit on your return using head of household filing status. Tax forms for 2012 federal Married and living apart. Tax forms for 2012 federal   You are not considered married and are eligible to take the credit if all the following apply. Tax forms for 2012 federal You file a return apart from your spouse. Tax forms for 2012 federal Your home is the home of a qualifying person for more than half the year. Tax forms for 2012 federal You pay more than half the cost of keeping up your home for the year. Tax forms for 2012 federal Your spouse does not live in your home for the last 6 months of the year. Tax forms for 2012 federal Costs of keeping up a home. Tax forms for 2012 federal   The costs of keeping up a home normally include property taxes, mortgage interest, rent, utility charges, home repairs, insurance on the home, and food eaten at home. Tax forms for 2012 federal   The costs of keeping up a home do not include payments for clothing, education, medical treatment, vacations, life insurance, transportation, or mortgage principal. Tax forms for 2012 federal   They also do not include the purchase, permanent improvement, or replacement of property. Tax forms for 2012 federal For example, you cannot include the cost of replacing a water heater. Tax forms for 2012 federal However, you can include the cost of repairing a water heater. Tax forms for 2012 federal Death of spouse. Tax forms for 2012 federal   If your spouse died during the year and you do not remarry before the end of the year, you generally must file a joint return to take the credit. Tax forms for 2012 federal If you do remarry before the end of the year, the credit can be claimed on your deceased spouse's return. Tax forms for 2012 federal Provider Identification Test You must identify all persons or organizations that provide care for your child or dependent. Tax forms for 2012 federal Use Form 2441, Part I, to show the information. Tax forms for 2012 federal If you do not have any care providers and you are filing Form 2441 only to report taxable income in Part III, enter “none” in line 1, column (a). Tax forms for 2012 federal Information needed. Tax forms for 2012 federal   To identify the care provider, you must give the provider's: Name, Address, and Taxpayer identification number. Tax forms for 2012 federal   If the care provider is an individual, the taxpayer identification number is his or her social security number or individual taxpayer identification number. Tax forms for 2012 federal If the care provider is an organization, then it is the employer identification number (EIN). Tax forms for 2012 federal   You do not have to show the taxpayer identification number if the care provider is a tax-exempt organization (such as a church or school). Tax forms for 2012 federal In this case, enter “Tax-Exempt” in the space where Form 2441 asks for the number. Tax forms for 2012 federal   If you cannot provide all of the information or if the information is incorrect, you must be able to show that you used due diligence (discussed later) in trying to furnish the necessary information. Tax forms for 2012 federal Getting the information. Tax forms for 2012 federal   You can use Form W-10 to request the required information from the care provider. Tax forms for 2012 federal If you do not use Form W-10, you can get the information from one of the other sources listed in the instructions for Form W-10 including: A copy of the provider's social security card, A copy of the provider's completed Form W-4 if he or she is your household employee, A copy of the statement furnished by your employer if the provider is your employer's dependent care plan, or A letter or invoice from the provider if it shows the information. Tax forms for 2012 federal    You should keep this information with your tax records. Tax forms for 2012 federal Do not send Form W-10 (or other document containing this information) to the Internal Revenue Service. Tax forms for 2012 federal Due diligence. Tax forms for 2012 federal   If the care provider information you give is incorrect or incomplete, your credit may not be allowed. Tax forms for 2012 federal However, if you can show that you used due diligence in trying to supply the information, you can still claim the credit. Tax forms for 2012 federal   You can show due diligence by getting and keeping the provider's completed Form W-10 or one of the other sources of information just listed. Tax forms for 2012 federal Care providers can be penalized if they do not provide this information to you or if they provide incorrect information. Tax forms for 2012 federal Provider refusal. Tax forms for 2012 federal   If the provider refuses to give you their identifying information, you should report on Form 2441 whatever information you have (such as the name and address). Tax forms for 2012 federal Enter “See Attached Statement” in the columns calling for the information you do not have. Tax forms for 2012 federal Then attach a statement explaining that you requested the information from the care provider, but the provider did not give you the information. Tax forms for 2012 federal Be sure to write your name and social security number on this statement. Tax forms for 2012 federal The statement will show that you used due diligence in trying to furnish the necessary information. Tax forms for 2012 federal U. Tax forms for 2012 federal S. Tax forms for 2012 federal citizens and resident aliens living abroad. Tax forms for 2012 federal   If you are living abroad, your care provider may not have, and may not be required to get, a U. Tax forms for 2012 federal S. Tax forms for 2012 federal taxpayer identification number (for example, an SSN or EIN). Tax forms for 2012 federal If so, enter “LAFCP” (Living Abroad Foreign Care Provider) in the space for the care provider's taxpayer identification number. Tax forms for 2012 federal How To Figure the Credit Your credit is a percentage of your work-related expenses. Tax forms for 2012 federal Your expenses are subject to the earned income limit and the dollar limit. Tax forms for 2012 federal The percentage is based on your adjusted gross income. Tax forms for 2012 federal Figuring Total Work-Related Expenses To figure the credit for 2013 work-related expenses, count only those you paid by December 31, 2013. Tax forms for 2012 federal Expenses prepaid in an earlier year. Tax forms for 2012 federal   If you pay for services before they are provided, you can count the prepaid expenses only in the year the care is received. Tax forms for 2012 federal Claim the expenses for the later year as if they were actually paid in that later year. Tax forms for 2012 federal Expenses not paid until the following year. Tax forms for 2012 federal   Do not count 2012 expenses that you paid in 2013 as work-related expenses for 2013. Tax forms for 2012 federal You may be able to claim an additional credit for them on your 2013 return, but you must figure it separately. Tax forms for 2012 federal See Payments for prior year's expenses under Amount of Credit in Publication 503. Tax forms for 2012 federal    If you had expenses in 2013 that you did not pay until 2014, you cannot count them when figuring your 2013 credit. Tax forms for 2012 federal You may be able to claim a credit for them on your 2014 return. Tax forms for 2012 federal Expenses reimbursed. Tax forms for 2012 federal   If a state social services agency pays you a nontaxable amount to reimburse you for some of your child and dependent care expenses, you cannot count the expenses that are reimbursed as work-related expenses. Tax forms for 2012 federal Example. Tax forms for 2012 federal You paid work-related expenses of $3,000. Tax forms for 2012 federal You are reimbursed $2,000 by a state social services agency. Tax forms for 2012 federal You can use only $1,000 to figure your credit. Tax forms for 2012 federal Medical expenses. Tax forms for 2012 federal   Some expenses for the care of qualifying persons who are not able to care for themselves may qualify as work-related expenses and also as medical expenses. Tax forms for 2012 federal You can use them either way, but you cannot use the same expenses to claim both a credit and a medical expense deduction. Tax forms for 2012 federal   If you use these expenses to figure the credit and they are more than the earned income limit or the dollar limit, discussed later, you can add the excess to your medical expenses. Tax forms for 2012 federal However, if you use your total expenses to figure your medical expense deduction, you cannot use any part of them to figure your credit. Tax forms for 2012 federal    Amounts excluded from your income under your employer's dependent care benefits plan cannot be used to claim a medical expense deduction. Tax forms for 2012 federal Dependent Care Benefits If you receive dependent care benefits, your dollar limit for purposes of the credit may be reduced. Tax forms for 2012 federal See Reduced Dollar Limit , later. Tax forms for 2012 federal But, even if you cannot take the credit, you may be able to take an exclusion or deduction for the dependent care benefits. Tax forms for 2012 federal Dependent care benefits. Tax forms for 2012 federal   Dependent care benefits include: Amounts your employer paid directly to either you or your care provider for the care of your qualifying person while you work, The fair market value of care in a daycare facility provided or sponsored by your employer, and Pre-tax contributions you made under a dependent care flexible spending arrangement. Tax forms for 2012 federal Your salary may have been reduced to pay for these benefits. Tax forms for 2012 federal If you received benefits as an employee, they should be shown in box 10 of your Form W-2. Tax forms for 2012 federal See Statement for employee , later. Tax forms for 2012 federal Benefits you received as a partner should be shown in box 13 of your Schedule K-1 (Form 1065) with code O. Tax forms for 2012 federal Enter the amount of these benefits on Form 2441, Part III, line 12. Tax forms for 2012 federal Exclusion or deduction. Tax forms for 2012 federal   If your employer provides dependent care benefits under a qualified plan, you may be able to exclude these benefits from your income. Tax forms for 2012 federal Your employer can tell you whether your benefit plan qualifies. Tax forms for 2012 federal To claim the exclusion, you must complete Part III of Form 2441. Tax forms for 2012 federal You cannot use Form 1040EZ. Tax forms for 2012 federal   If you are self-employed and receive benefits from a qualified dependent care benefit plan, you are treated as both employer and employee. Tax forms for 2012 federal Therefore, you would not get an exclusion from wages. Tax forms for 2012 federal Instead, you would get a deduction on Form 1040, Schedule C, line 14; Schedule E, line 19 or 28; or Schedule F, line 15. Tax forms for 2012 federal To claim the deduction, you must use Form 2441. Tax forms for 2012 federal   The amount you can exclude or deduct is limited to the smallest of: The total amount of dependent care benefits you received during the year, The total amount of qualified expenses you incurred during the year, Your earned income, Your spouse's earned income, or $5,000 ($2,500 if married filing separately). Tax forms for 2012 federal The definition of earned income for the exclusion or deduction is the same as the definition used when figuring the credit except that earned income for the exclusion or deduction does not include any dependent care benefits you receive. Tax forms for 2012 federal See Earned Income Limit, later. Tax forms for 2012 federal    You can choose to include your nontaxable combat pay in earned income when figuring your exclusion or deduction, even if you choose not to include it in earned income for the earned income credit or the credit for child and dependent care expenses. Tax forms for 2012 federal Statement for employee. Tax forms for 2012 federal   Your employer must give you a Form W-2 (or similar statement) showing in box 10 the total amount of dependent care benefits provided to you during the year under a qualified plan. Tax forms for 2012 federal Your employer will also include any dependent care benefits over $5,000 in your wages shown on your Form W-2 in box 1. Tax forms for 2012 federal Effect of exclusion on credit. Tax forms for 2012 federal   If you exclude dependent care benefits from your income, the amount of the excluded benefits: Is not included in your work-related expenses, and Reduces the dollar limit, discussed later. Tax forms for 2012 federal Earned Income Limit The amount of work-related expenses you use to figure your credit cannot be more than: Your earned income for the year if you are single at the end of the year, or The smaller of your or your spouse's earned income for the year if you are married at the end of the year. Tax forms for 2012 federal Earned income is defined under Earned Income Test , earlier. Tax forms for 2012 federal For purposes of item (2), use your spouse's earned income for the entire year, even if you were married for only part of the year. Tax forms for 2012 federal Separated spouse. Tax forms for 2012 federal   If you are legally separated or married and living apart from your spouse (as described under Joint Return Test , earlier), you are not considered married for purposes of the earned income limit. Tax forms for 2012 federal Use only your income in figuring the earned income limit. Tax forms for 2012 federal Surviving spouse. Tax forms for 2012 federal   If your spouse died during the year and you file a joint return as a surviving spouse, you may, but are not required to, take into account the earned income of your spouse who died during the year. Tax forms for 2012 federal Community property laws. Tax forms for 2012 federal   You should disregard community property laws when you figure earned income for this credit. Tax forms for 2012 federal You or your spouse is a student or not able to care for self. Tax forms for 2012 federal   Your spouse who is either a full-time student or not able to care for himself or herself is treated as having earned income. Tax forms for 2012 federal His or her earned income for each month is considered to be at least $250 if there is one qualifying person in your home, or at least $500 if there are two or more. Tax forms for 2012 federal Spouse works. Tax forms for 2012 federal   If your spouse works during that month, use the higher of $250 (or $500) or his or her actual earned income for that month. Tax forms for 2012 federal Spouse qualifies for part of month. Tax forms for 2012 federal    If your spouse is a full-time student or not able to care for himself or herself for only part of a month, the full $250 (or $500) still applies for that month. Tax forms for 2012 federal You are a student or not able to care for self. Tax forms for 2012 federal   These rules also apply if you are a student or not able to care for yourself and you are filing a joint return. Tax forms for 2012 federal For each month or part of a month you are a student or not able to care for yourself, your earned income is considered to be at least $250 (or $500). Tax forms for 2012 federal If you also work during that month, use the higher of $250 (or $500) or your actual earned income for that month. Tax forms for 2012 federal Both spouses qualify. Tax forms for 2012 federal   If, in the same month, both you and your spouse are either full-time students or not able to care for yourselves, only one spouse can be considered to have this earned income of $250 (or $500) for that month. Tax forms for 2012 federal Dollar Limit There is a dollar limit on the amount of your work-related expenses you can use to figure the credit. Tax forms for 2012 federal This limit is $3,000 for one qualifying person, or $6,000 for two or more qualifying persons. Tax forms for 2012 federal If you paid work-related expenses for the care of two or more qualifying persons, the applicable dollar limit is $6,000. Tax forms for 2012 federal This $6,000 limit does not need to be divided equally among them. Tax forms for 2012 federal For example, if your work-related expenses for the care of one qualifying person are $3,200 and your work-related expenses for another qualifying person are $2,800, you can use the total, $6,000, when figuring the credit. Tax forms for 2012 federal Yearly limit. Tax forms for 2012 federal   The dollar limit is a yearly limit. Tax forms for 2012 federal The amount of the dollar limit remains the same no matter how long, during the year, you have a qualifying person in your household. Tax forms for 2012 federal Use the $3,000 limit if you paid work-related expenses for the care of one qualifying person at any time during the year. Tax forms for 2012 federal Use $6,000 if you paid work-related expenses for the care of more than one qualifying person at any time during the year. Tax forms for 2012 federal Reduced Dollar Limit If you received dependent care benefits that you exclude or deduct from your income, you must subtract that amount from the dollar limit that applies to you. Tax forms for 2012 federal Your reduced dollar limit is figured on Form 2441, Part III. Tax forms for 2012 federal See Dependent Care Benefits , earlier, for information on excluding or deducting these benefits. Tax forms for 2012 federal Example 1. Tax forms for 2012 federal George is a widower with one child and earns $24,000 a year. Tax forms for 2012 federal He pays work-related expenses of $2,900 for the care of his 4-year-old child and qualifies to claim the credit for child and dependent care expenses. Tax forms for 2012 federal His employer pays an additional $1,000 under a dependent care benefit plan. Tax forms for 2012 federal This $1,000 is excluded from George's income. Tax forms for 2012 federal Although the dollar limit for his work-related expenses is $3,000 (one qualifying person), George figures his credit on only $2,000 of the $2,900 work-related expenses he paid. Tax forms for 2012 federal This is because his dollar limit is reduced as shown next. Tax forms for 2012 federal   George's Reduced Dollar Limit 1) Maximum allowable expenses for one qualifying person $3,000 2) Minus: Dependent care benefits George excludes from income −1,000 3) Reduced dollar limit on expenses George can use for the credit $2,000 Example 2. Tax forms for 2012 federal Randall is married and both he and his wife are employed. Tax forms for 2012 federal Each has earned income in excess of $6,000. Tax forms for 2012 federal They have two children, Anne and Andy, ages 2 and 4, who attend a daycare facility licensed and regulated by the state. Tax forms for 2012 federal Randall's work-related expenses are $6,000 for the year. Tax forms for 2012 federal Randall's employer has a dependent care assistance program as part of its cafeteria plan, which allows employees to make pre-tax contributions to a dependent care flexible spending arrangement. Tax forms for 2012 federal Randall has elected to take the maximum $5,000 exclusion from his salary to cover dependent care expenses through this program. Tax forms for 2012 federal Although the dollar limit for his work- related expenses is $6,000 (two or more qualifying persons), Randall figures his credit on only $1,000 of the $6,000 work-related expense paid. Tax forms for 2012 federal This is because his dollar limit is reduced as shown next. Tax forms for 2012 federal   Randall's Reduced Dollar Limit 1) Maximum allowable expenses for two qualifying persons $6,000 2) Minus: Dependent care benefits Randall selects from employer's cafeteria plan and excludes from income −5,000 3) Reduced dollar limit on expenses Randall can use for the credit $1,000 Amount of Credit To determine the amount of your credit, multiply your work-related expenses (after applying the earned income and dollar limits) by a percentage. Tax forms for 2012 federal This percentage depends on your adjusted gross income shown on Form 1040, line 38, or Form 1040A, line 22. Tax forms for 2012 federal The following table shows the percentage to use based on adjusted gross income. Tax forms for 2012 federal   IF your adjusted gross income is: THEN the percentage is:       Over   But not over         $0   $15,000   35%       15,000   17,000   34%       17,000   19,000   33%       19,000   21,000   32%       21,000   23,000   31%       23,000   25,000   30%       25,000   27,000   29%       27,000   29,000   28%       29,000   31,000   27%       31,000   33,000   26%       33,000   35,000   25%       35,000   37,000   24%       37,000   39,000   23%       39,000   41,000   22%       41,000   43,000   21%       43,000   No limit   20%   How To Claim the Credit To claim the credit, you can file Form 1040 or Form 1040A. Tax forms for 2012 federal You cannot claim the credit on Form 1040EZ. Tax forms for 2012 federal Form 1040 or 1040A. Tax forms for 2012 federal   You must complete Form 2441 and attach it to your Form 1040 or 1040A. Tax forms for 2012 federal Enter the credit on Form 1040, line 48, or Form 1040A, line 29. Tax forms for 2012 federal Limit on credit. Tax forms for 2012 federal   The amount of credit you can claim is generally limited to the amount of your tax. Tax forms for 2012 federal For more information, see the Instructions for Form 2441. Tax forms for 2012 federal Tax credit not refundable. Tax forms for 2012 federal   You cannot get a refund for any part of the credit that is more than this limit. Tax forms for 2012 federal Recordkeeping. Tax forms for 2012 federal You should keep records of your work-related expenses. Tax forms for 2012 federal Also, if your dependent or spouse is not able to care for himself or herself, your records should show both the nature and the length of the disability. Tax forms for 2012 federal Other records you should keep to support your claim for the credit are described earlier under Provider Identification Test . Tax forms for 2012 federal Employment Taxes for Household Employers If you pay someone to come to your home and care for your dependent or spouse, you may be a household employer. Tax forms for 2012 federal If you are a household employer, you will need an employer identification number (EIN) and you may have to pay employment taxes. Tax forms for 2012 federal If the individuals who work in your home are self-employed, you are not liable for any of the taxes discussed in this section. Tax forms for 2012 federal Self-employed persons who are in business for themselves are not household employees. Tax forms for 2012 federal Usually, you are not a household employer if the person who cares for your dependent or spouse does so at his or her home or place of business. Tax forms for 2012 federal If you use a placement agency that exercises control over what work is done and how it will be done by a babysitter or companion who works in your home, the worker is not your employee. Tax forms for 2012 federal This control could include providing rules of conduct and appearance and requiring regular reports. Tax forms for 2012 federal In this case, you do not have to pay employment taxes. Tax forms for 2012 federal But, if an agency merely gives you a list of sitters and you hire one from that list, and pay the sitter directly, the sitter may be your employee. Tax forms for 2012 federal If you have a household employee, you may be subject to: Social security and Medicare taxes, Federal unemployment tax, and Federal income tax withholding. Tax forms for 2012 federal Social security and Medicare taxes are generally withheld from the employee's pay and matched by the employer. Tax forms for 2012 federal Federal unemployment (FUTA) tax is paid by the employer only and provides for payments of unemployment compensation to workers who have lost their jobs. Tax forms for 2012 federal Federal income tax is withheld from the employee's total pay if the employee asks you to do so and you agree. Tax forms for 2012 federal For more information on a household employer's tax responsibilities, see Publication 926 and Schedule H (Form 1040) and its instructions. Tax forms for 2012 federal State employment tax. Tax forms for 2012 federal   You may also have to pay state unemployment tax. Tax forms for 2012 federal Contact your state unemployment tax office for information. Tax forms for 2012 federal You should also find out whether you need to pay or collect other state employment taxes or carry workers' compensation insurance. Tax forms for 2012 federal For a list of state unemployment tax agencies, visit the U. Tax forms for 2012 federal S. Tax forms for 2012 federal Department of Labor's website. Tax forms for 2012 federal A link to that website is in Publication 926, or you can find it with an online search. Tax forms for 2012 federal Prev  Up  Next   Home   More Online Publications
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Tax forms for 2012 federal 3. Tax forms for 2012 federal   Environmental Taxes Table of Contents Oil Spill Liability Tax ODCs Imported Taxable Products Floor Stocks Tax Environmental taxes are imposed on crude oil and petroleum products (oil spill liability), the sale or use of ozone-depleting chemicals (ODCs), and imported products containing or manufactured with ODCs. Tax forms for 2012 federal In addition, a floor stocks tax is imposed on ODCs held on January 1 by any person (other than the manufacturer or importer of the ODCs) for sale or for use in further manufacture. Tax forms for 2012 federal Figure the environmental tax on Form 6627. Tax forms for 2012 federal Enter the tax on the appropriate lines of Form 720 and attach Form 6627 to Form 720. Tax forms for 2012 federal For environmental tax purposes, United States includes the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, any possession of the United States, the Commonwealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, the continental shelf areas (applying the principles of section 638), and foreign trade zones. Tax forms for 2012 federal No one is exempt from the environmental taxes, including the federal government, state and local governments, Indian tribal governments, and nonprofit educational organizations. Tax forms for 2012 federal Oil Spill Liability Tax The oil spill liability tax is reported on Form 6627, Environmental Taxes, and Form 720, Quarterly Federal Excise Tax Return (IRS Nos. Tax forms for 2012 federal 18 and 21). Tax forms for 2012 federal The oil spill liability tax rate is $. Tax forms for 2012 federal 08 per barrel and generally applies to crude oil received at a U. Tax forms for 2012 federal S. Tax forms for 2012 federal refinery and to petroleum products entered into the United States for consumption, use, or warehousing. Tax forms for 2012 federal The tax also applies to certain uses and the exportation of domestic crude oil. Tax forms for 2012 federal Crude oil includes crude oil condensates and natural gasoline. Tax forms for 2012 federal Petroleum products include crude oil, refined and residual oil, and other liquid hydrocarbon refinery products. Tax forms for 2012 federal Crude oil. Tax forms for 2012 federal   Tax is imposed on crude oil when it is received at a United Sates refinery. Tax forms for 2012 federal The operator of the refinery is liable for the tax. Tax forms for 2012 federal   Tax is imposed on domestic crude oil used or exported before it is received at a United States refinery. Tax forms for 2012 federal However, the use of crude oil for extracting oil or natural gas on the premises where such crude oil was produced is not taxable. Tax forms for 2012 federal The user or exporter is liable for the tax. Tax forms for 2012 federal Imported petroleum products. Tax forms for 2012 federal   Tax is imposed on petroleum products when they enter the United States for consumption, use, or warehousing. Tax forms for 2012 federal The person entering the petroleum product into the country is liable for the tax, including the tax on imported crude oil, even if it is subsequently received at a U. Tax forms for 2012 federal S. Tax forms for 2012 federal refinery. Tax forms for 2012 federal   Tax is imposed only once on any imported petroleum product. Tax forms for 2012 federal Thus, the operator of a U. Tax forms for 2012 federal S. Tax forms for 2012 federal refinery that receives imported crude oil must establish that the petroleum tax has already been imposed on such crude oil in order not to be liable for the tax. Tax forms for 2012 federal ODCs For a list of the taxable ODCs and tax rates, see the Form 6627 instructions. Tax forms for 2012 federal Taxable event. Tax forms for 2012 federal   Tax is imposed on an ODC when it is first used or sold by its manufacturer or importer. Tax forms for 2012 federal The manufacturer or importer is liable for the tax. Tax forms for 2012 federal Use of ODCs. Tax forms for 2012 federal   You use an ODC if you put it into service in a trade or business or for the production of income. Tax forms for 2012 federal Also, an ODC is used if you use it in the making of an article, including incorporation into the article, chemical transformation, or release into the air. Tax forms for 2012 federal The loss, destruction, packaging, repackaging, or warehousing of ODCs is not a use of the ODC. Tax forms for 2012 federal   The creation of a mixture containing an ODC is treated as a taxable use of the ODC contained in the mixture. Tax forms for 2012 federal An ODC is contained in a mixture only if the chemical identity of the ODC is not changed. Tax forms for 2012 federal Generally, tax is imposed when the mixture is created and not on its sale or use. Tax forms for 2012 federal However, you can choose to have the tax imposed on its sale or use by checking the appropriate box on Form 6627. Tax forms for 2012 federal You can revoke this choice only with IRS consent. Tax forms for 2012 federal   The creation of a mixture for export or for use as a feedstock is not a taxable use of the ODCs contained in the mixture. Tax forms for 2012 federal Exceptions. Tax forms for 2012 federal   The following may be exempt from the tax on ODCs. Tax forms for 2012 federal Metered-dose inhalers. Tax forms for 2012 federal Recycled ODCs. Tax forms for 2012 federal Exported ODCs. Tax forms for 2012 federal ODCs used as feedstock. Tax forms for 2012 federal Metered-dose inhalers. Tax forms for 2012 federal   There is no tax on ODCs used or sold for use as propellants in metered-dose inhalers. Tax forms for 2012 federal For a sale to be nontaxable, you must obtain from the purchaser an exemption certificate that you rely on in good faith. Tax forms for 2012 federal The certificate must be in substantially the form as the sample certificate set forth in Regulations section 52. Tax forms for 2012 federal 4682-2(d)(5). Tax forms for 2012 federal The certificate may be included as part of the sales documentation. Tax forms for 2012 federal Keep the certificate with your records. Tax forms for 2012 federal Recycled ODCs. Tax forms for 2012 federal   There is no tax on any ODC diverted or recovered in the United States as part of a recycling process (and not as part of the original manufacturing or production process). Tax forms for 2012 federal There is no tax on recycled Halon-1301 or recycled Halon-2402 imported from a country that has signed the Montreal Protocol on Substances that Deplete the Ozone Layer (Montreal Protocol). Tax forms for 2012 federal   The Montreal Protocol is administered by the United Nations (U. Tax forms for 2012 federal N. Tax forms for 2012 federal ). Tax forms for 2012 federal To determine if a country has signed the Montreal Protocol, contact the U. Tax forms for 2012 federal N. Tax forms for 2012 federal The website is untreaty. Tax forms for 2012 federal un. Tax forms for 2012 federal org. Tax forms for 2012 federal Exported ODCs. Tax forms for 2012 federal   Generally, there is no tax on ODCs sold for export if certain requirements are met. Tax forms for 2012 federal For a sale to be nontaxable, you and the purchaser must be registered. Tax forms for 2012 federal See Form 637, Application for Registration (for Certain Excise Tax Activities). Tax forms for 2012 federal Also, you must obtain from the purchaser an exemption certificate that you rely on in good faith. Tax forms for 2012 federal Keep the certificate with your records. Tax forms for 2012 federal The certificate must be in substantially the form as the sample certificate set forth in Regulations section 52. Tax forms for 2012 federal 4682-5(d)(3). Tax forms for 2012 federal The tax benefit of this exemption is limited. Tax forms for 2012 federal For more information, see Regulations section 52. Tax forms for 2012 federal 4682-5. Tax forms for 2012 federal ODCs used as feedstock. Tax forms for 2012 federal   There is no tax on ODCs sold for use or used as a feedstock. Tax forms for 2012 federal An ODC is used as a feedstock only if the ODC is entirely consumed in the manufacture of another chemical. Tax forms for 2012 federal The transformation of an ODC into one or more new compounds qualifies as use as a feedstock, but use of an ODC in a mixture does not qualify. Tax forms for 2012 federal   For a sale to be nontaxable, you must obtain from the purchaser an exemption certificate that you rely on in good faith. Tax forms for 2012 federal The certificate must be in substantially the form as the sample certificate set forth in Regulations section 52. Tax forms for 2012 federal 4682-2(d)(2). Tax forms for 2012 federal Keep the certificate with your records. Tax forms for 2012 federal Credits or refunds. Tax forms for 2012 federal   A credit or refund (without interest) of tax paid on ODCs may be claimed if a taxed ODC is: Used as a propellant in a metered-dose inhaler (the person who used the ODC as a propellant may file a claim), Exported (the manufacturer may file a claim), or Used as a feedstock (the person who used the ODC may file a claim). Tax forms for 2012 federal For information on how to file for credits or refunds, see the Instructions for Form 720 or Schedule 6 (Form 8849). Tax forms for 2012 federal Conditions to allowance for ODCs exported. Tax forms for 2012 federal   To claim a credit or refund for ODCs that are exported, you must have repaid or agreed to repay the tax to the exporter, or obtained the exporter's written consent to allowance of the credit or refund. Tax forms for 2012 federal You must also have the evidence required by the EPA as proof that the ODCs were exported. Tax forms for 2012 federal Imported Taxable Products An imported product containing or manufactured with ODCs is subject to tax if it is entered into the United States for consumption, use, or warehousing and is listed in the Imported Products Table. Tax forms for 2012 federal The Imported Products Table is listed in Regulations section 52. Tax forms for 2012 federal 4682-3(f)(6). Tax forms for 2012 federal The tax is based on the weight of the ODCs used in the manufacture of the product. Tax forms for 2012 federal Use the following methods to figure the ODC weight. Tax forms for 2012 federal The actual (exact) weight of each ODC used as a material in manufacturing the product. Tax forms for 2012 federal If the actual weight cannot be determined, the ODC weight listed for the product in the Imported Products Table. Tax forms for 2012 federal However, if you cannot determine the actual weight and the table does not list an ODC weight for the product, the rate of tax is 1% of the entry value of the product. Tax forms for 2012 federal Taxable event. Tax forms for 2012 federal   Tax is imposed on an imported taxable product when the product is first sold or used by its importer. Tax forms for 2012 federal The importer is liable for the tax. Tax forms for 2012 federal Use of imported products. Tax forms for 2012 federal   You use an imported product if you put it into service in a trade or business or for the production of income or use it in the making of an article, including incorporation into the article. Tax forms for 2012 federal The loss, destruction, packaging, repackaging, warehousing, or repair of an imported product is not a use of that product. Tax forms for 2012 federal Entry as use. Tax forms for 2012 federal   The importer may choose to treat the entry of a product into the United States as the use of the product. Tax forms for 2012 federal Tax is imposed on the date of entry instead of when the product is sold or used. Tax forms for 2012 federal The choice applies to all imported taxable products that you own and have not used when you make the choice and all later entries. Tax forms for 2012 federal Make the choice by checking the box in Part II of Form 6627. Tax forms for 2012 federal The choice is effective as of the beginning of the calendar quarter to which the Form 6627 applies. Tax forms for 2012 federal You can revoke this choice only with IRS consent. Tax forms for 2012 federal Sale of article incorporating imported product. Tax forms for 2012 federal   The importer may treat the sale of an article manufactured or assembled in the United States as the first sale or use of an imported taxable product incorporated in that article if both the following apply. Tax forms for 2012 federal The importer has consistently treated the sale of similar items as the first sale or use of similar taxable imported products. Tax forms for 2012 federal The importer has not chosen to treat entry into the United States as use of the product. Tax forms for 2012 federal Imported products table. Tax forms for 2012 federal   The table lists all the products that are subject to the tax on imported taxable products and specifies the ODC weight (discussed later) of each product. Tax forms for 2012 federal   Each listing in the table identifies a product by name and includes only products that are described by that name. Tax forms for 2012 federal Most listings identify a product by both name and Harmonized Tariff Schedule (HTS) heading. Tax forms for 2012 federal In those cases, a product is included in that listing only if the product is described by that name and the rate of duty on the product is determined by reference to that HTS heading. Tax forms for 2012 federal A product is included in the listing even if it is manufactured with or contains a different ODC than the one specified in the table. Tax forms for 2012 federal   Part II of the table lists electronic items that are not included within any other list in the table. Tax forms for 2012 federal An imported product is included in this list only if the product meets one of the following tests. Tax forms for 2012 federal It is an electronic component whose operation involves the use of nonmechanical amplification or switching devices such as tubes, transistors, and integrated circuits. Tax forms for 2012 federal It contains components described in (1), which account for more than 15% of the cost of the product. Tax forms for 2012 federal   These components do not include passive electrical devices, such as resistors and capacitors. Tax forms for 2012 federal Items such as screws, nuts, bolts, plastic parts, and similar specially fabricated parts that may be used to construct an electronic item are not themselves included in the listing for electronic items. Tax forms for 2012 federal Rules for listing products. Tax forms for 2012 federal   Products are listed in the table according to the following rules. Tax forms for 2012 federal A product is listed in Part I of the table if it is a mixture containing ODCs. Tax forms for 2012 federal A product is listed in Part II of the table if the Commissioner has determined that the ODCs used as materials in the manufacture of the product under the predominant method are used for purposes of refrigeration or air conditioning, creating an aerosol or foam, or manufacturing electronic components. Tax forms for 2012 federal A product is listed in Part III of the table if the Commissioner has determined that the product meets both the following tests. Tax forms for 2012 federal It is not an imported taxable product. Tax forms for 2012 federal It would otherwise be included within a list in Part II of the table. Tax forms for 2012 federal   For example, floppy disk drive units are listed in Part III because they are not imported taxable products and would have been included in the Part II list for electronic items not specifically identified, but for their listing in Part III. Tax forms for 2012 federal ODC weight. Tax forms for 2012 federal   The Table ODC weight of a product is the weight, determined by the Commissioner, of the ODCs used as materials in the manufacture of the product under the predominant method of manufacturing. Tax forms for 2012 federal The ODC weight is listed in Part II in pounds per single unit of product unless otherwise specified. Tax forms for 2012 federal Modifying the table. Tax forms for 2012 federal   A manufacturer or importer of a product may request the IRS add a product and its ODC weight to the table. Tax forms for 2012 federal They also may request the IRS remove a product from the table, or change or specify the ODC weight of a product. Tax forms for 2012 federal To request a modification, see Regulations section 52. Tax forms for 2012 federal 4682-3(g) for the mailing address and information that must be included in the request. Tax forms for 2012 federal Floor Stocks Tax Tax is imposed on any ODC held (other than by the manufacturer or importer of the ODC) on January 1 for sale or use in further manufacturing. Tax forms for 2012 federal The person holding title (as determined under local law) to the ODC is liable for the tax, whether or not delivery has been made. Tax forms for 2012 federal These chemicals are taxable without regard to the type or size of storage container in which the ODCs are held. Tax forms for 2012 federal The tax may apply to an ODC whether it is in a 14-ounce can or a 30-pound tank. Tax forms for 2012 federal You are liable for the floor stocks tax if you hold any of the following on January 1. Tax forms for 2012 federal At least 400 pounds of ODCs other than halons or methyl chloroform, At least 50 pounds of halons, or At least 1,000 pounds of methyl chloroform. Tax forms for 2012 federal If you are liable for the tax, prepare an inventory on January 1 of the taxable ODCs held on that date for sale or for use in further manufacturing. Tax forms for 2012 federal You must pay this floor stocks tax by June 30 of each year. Tax forms for 2012 federal Report the tax on Form 6627 and Part II of Form 720 for the second calendar quarter. Tax forms for 2012 federal For the tax rates, see the Form 6627 instructions. Tax forms for 2012 federal ODCs not subject to floor stocks tax. Tax forms for 2012 federal   The floor stocks tax is not imposed on any of the following ODCs. Tax forms for 2012 federal ODCs mixed with other ingredients that contribute to achieving the purpose for which the mixture will be used, unless the mixture contains only ODCs and one or more stabilizers. Tax forms for 2012 federal ODCs contained in a manufactured article in which the ODCs will be used for their intended purpose without being released from the article. Tax forms for 2012 federal ODCs that have been reclaimed or recycled. Tax forms for 2012 federal ODCs sold in a qualifying sale for: Use as a feedstock, Export, or Use as a propellant in a metered-dose inhaler. Tax forms for 2012 federal Prev  Up  Next   Home   More Online Publications