Table of Contents
- Name, Address, and Identifying Number
- Filing Status
- Exemptions
- Rounding Off to Whole Dollars
- Income Effectively Connected With U.S. Trade or Business
- Adjusted Gross Income
- Tax Computation on Income Effectively Connected With A U.S. Trade or Business
- Credits
- Other Taxes
- Payments
- Refund
- Amount You Owe
- Third Party Designee
- Signature
- Instructions for Schedule A, Itemized Deductions
- Tax on Income Not Effectively Connected With a U.S. Trade or Business (Page 4)
- Other Information(Page 5)
- Reminders
Note.
An ITIN is for tax use only. It does not entitle you to social security benefits or change your employment or immigration status under U.S. law.
The amount of your tax depends on your filing status. Before you decide which box to check, read the following explanations.
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You file a return separate from your spouse.
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You paid more than half the cost to keep up your home in 2008.
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You lived apart from your spouse during the last 6 months of 2008. Temporary absences for special circumstances, such as for business, medical care, school, or military service, count as time lived in the home.
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Your home was the main home of your child, stepchild, or foster child for more than half of 2008. Temporary absences by you or the child for special circumstances, such as school, vacation, business, or medical care, count as time the child lived in the home. If the child was born or died in 2008, you still can file as single as long as the home was that child's home for the part of the year he or she was alive.
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You are able to claim a dependency exemption for the child or the child's other parent claims him or her as a dependent under the rules for children of divorced or separated parents. See Form 8332, Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent.
An adopted child is always treated as your own child. An adopted child includes a child lawfully placed with you for legal adoption.
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You were a resident of Canada, Mexico, or the Republic of Korea (South Korea), or were a U.S. national.
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Your spouse died in 2006 or 2007 and you did not remarry before the end of 2008.
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You have a child or stepchild whom you claim as a dependent. This does not include a foster child.
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This child lived in your home for all of 2008. Temporary absences by you or the child for special circumstances, such as school, vacation, business, or medical care, count as time lived in the home.
A child is considered to have lived with you for all of 2008 if the child was born or died in 2008 and your home was the child's home for the entire time he or she was alive.
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You paid over half the cost of keeping up your home. To find out what is included in the cost of keeping up a home, see Pub. 501.
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You were a resident alien or U.S. citizen the year your spouse died. This refers to your actual status, not the election that some nonresident aliens can make to be taxed as U.S. residents.
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You could have filed a joint return with your spouse the year he or she died, even if you did not actually do so.
Exemptions for estates and trusts are described in the instructions for line 39 on page 17.
Note.
You must enter each dependent's identifying number (SSN, ITIN, or adoption taxpayer identification number (ATIN)). If you do not enter the correct identifying number, at the time we process your return we may disallow the exemption claimed for the dependent and reduce or disallow any other tax benefits (such as the child tax credit) based on the dependent.
For details on how your dependent can get an identifying number, see on page 7.
If your dependent child was born and died in 2008 and you do not have an identifying number for the child, enter “Died” in column (2) and attach a copy of the child's birth certificate, death certificate, or hospital records. The document must show the child was born alive.
If you have a dependent who was placed with you for legal adoption and you do not know his or her SSN, you must get an ATIN for the dependent from the IRS. See Form W-7A for details. (If the dependent is not a U.S. citizen or resident alien, apply for an ITIN instead, using Form W-7. See page 7.)
Check the box in this column if your dependent is a qualifying child for the child tax credit (defined below). If you have at least one qualifying child, you may be able to take the child tax credit on line 47 and the additional child tax credit on line 61.
A qualifying child for purposes of the child tax credit is a child who:
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Was under age 17 at the end of 2008.
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Is your son, daughter, stepchild, foster child, brother, sister, stepbrother, stepsister, or a descendant of any of them (for example, your grandchild, niece, or nephew).
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Is a U.S. citizen, a U.S. national, or a resident alien.
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Did not provide over half of his or her own support for 2008.
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Lived with you more than half of 2008. Temporary absences by you or the child for special circumstances, such as school, vacation, business, or medical care, count as time the child lived with you. A child is considered to have lived with you for all of 2008 if the child was born and died in 2008 and your home was the child's home for the entire time he or she was alive.
An adopted child is always treated as your own child. An adopted child includes a child lawfully placed with you for legal
adoption.
You may round off cents to whole dollars on your return and schedules. If you do round to whole dollars, you must round all amounts. To round, drop amounts under 50 cents and increase amounts from 50 to 99 cents to the next dollar. For example, $1.39 becomes $1 and $2.50 becomes $3.
If you have to add two or more amounts to figure the amount to enter on a line, include cents when adding the amounts and round off only the total.
Pub. 519 explains how income is classified and what income you should report here. The instructions for this section assume you have decided that the income involved is effectively connected with a U.S. trade or business in which you were engaged. But your decision may not be easy. Interest, for example, may be effectively connected with a U.S. trade or business, it may not be, or it may be tax-exempt. The tax status of income also depends on its source. Under some circumstances, items of income from foreign sources are treated as effectively connected with a U.S. trade or business. Other items are reportable as effectively connected or not effectively connected with a U.S. trade or business, depending on how you elect to treat them.
If you performed services as an employee both inside and outside the United States, you must allocate your compensation between U.S. and non-U.S. sources. Only the U.S. source income is included on line 8 as effectively connected wages.
Compensation (other than certain fringe benefits) generally is sourced on a time basis. To figure your U.S. source income, divide the number of days you performed labor or personal services within the United States by the total number of days you performed labor or personal services within and without the United States. Multiply the result by your total compensation (other than certain fringe benefits).
Certain fringe benefits (such as housing and educational expenses) are sourced on a geographic basis. The source of the fringe benefit compensation generally is your principal place of work. The amount of the fringe benefit compensation must be reasonable and you must keep records that are adequate to support the fringe benefit compensation.
However, you may be able to use an alternative basis to determine the source of your compensation if the alternative basis more properly determines the source of the compensation. For 2008, if your total compensation is $250,000 or more and you allocate your compensation using an alternative basis, check the box in item R on page 5. In addition, attach to Form 1040NR a statement that contains the following information.
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The specific compensation or the specific fringe benefit for which an alternative basis is used.
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For each such item, the alternative basis of allocation of source used.
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For each such item, a computation showing how the alternative allocation was computed.
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A comparison of the dollar amount of the compensation sourced within and without the United States under both the alternative basis and the time or geographical basis for determining the source.
You must keep documentation showing why the alternative basis more properly determines the source of the compensation.
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Wages received as a household employee for which you did not receive a Form W-2 because your employer paid you less than $1,600 in 2008. Also, enter “HSH” and the amount not reported on a Form W-2 on the dotted line next to line 8.
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Tip income you did not report to your employer. Also include allocated tips shown on your Form(s) W-2 unless you can prove that you received less. Allocated tips should be shown in your Form(s) W-2, box 8. They are not included as income in box 1. See Pub. 531 for more details.
You may owe social security and Medicare tax on unreported or allocated tips. See the instructions for line 53 on page 20.
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Dependent care benefits, which should be shown in your Form(s) W-2, box 10. But first complete Form 2441 to see if you can exclude part or all of the benefits.
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Employer-provided adoption benefits, which should be shown in your Form(s) W-2, box 12, with code T. You also may be able to exclude amounts if you adopted a child with special needs and the adoption became final in 2008. See the Instructions for Form 8839 to find out if you can exclude part or all of the benefits.
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Excess salary deferrals. The amount deferred should be shown in your Form W-2, box 12, and the “Retirement plan” box in box 13 should be checked. If the total amount you deferred for 2008 under all plans was more than $15,500 (excluding catch-up contributions as explained below), include the excess on line 8. This limit is (a) $10,500 if you only have SIMPLE plans, or (b) $18,500 for section 403(b) plans, if you qualify for the 15-year rule in Pub. 571. Although designated Roth contributions are subject to this limit, do not include the excess attributable to such contributions on line 8. They already are included as income in box 1 of your Form W-2.
A higher limit may apply to participants in section 457(b) deferred compensation plans for the 3 years before retirement age. Contact your plan administrator for more information.
If you were age 50 or older at the end of 2008, your employer may have allowed an additional deferral (catch-up contributions) of up to $5,000 ($2,500 for section 401(k)(11) and SIMPLE plans). This additional deferral amount is not subject to the overall limit on elective deferrals.
You cannot deduct the amount deferred. It is not included as income in your Form W-2,
box 1. -
Disability pensions shown on Form 1042-S or Form 1099-R if you have not reached the minimum retirement age set by your employer. Disability pensions received after you reach minimum retirement age and other payments shown on Form 1042-S or Form 1099-R (other than payments from an IRA*) are reported on lines 17a and 17b. Payments from an IRA are reported on lines 16a and 16b.
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Corrective distributions from a retirement plan shown on Form 1042-S or Form 1099-R of excess salary deferrals and excess contributions (plus earnings). But do not include distributions from an IRA* on line 8. Instead, report distributions from an IRA on lines 16a and 16b.
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Wages from Form 8919, line 6.
Your employer is required to provide or send Form W-2 to you no later than February 2, 2009. If you do not receive it by early February, ask your employer for it. Even if you do not get a Form W-2, you still must report your earnings on line 8. If you lose your Form W-2 or it is incorrect, ask your employer for a new one.
Some distributions are a return of your cost (or other basis). They will not be taxed until you recover your cost (or other basis). You must reduce your cost (or other basis) by these distributions. After you get back all of your cost (or other basis), you must report these distributions as capital gains on Schedule D (Form 1040). For details, see Pub. 550.
Some dividends may be reported as qualified dividends in Form 1099-DIV, box 1b, but are not qualified dividends. These include:
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Dividends you received as a nominee. See chapter 1 in Pub. 550.
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Dividends you received on any share of stock that you held for less than 61 days during the 121-day period that began 60 days before the ex-dividend date. The ex-dividend date is the first date following the declaration of a dividend on which the purchaser of a stock is not entitled to receive the next dividend payment. When counting the number of days you held the stock, include the day you disposed of the stock but not the day you acquired it. See the examples below. Also, when counting the number of days you held the stock, you cannot count certain days during which your risk of loss was diminished. See Pub. 550 for more details.
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Dividends attributable to periods totaling more than 366 days that you received on any share of preferred stock held for less than 91 days during the 181-day period that began 90 days before the ex-dividend date. When counting the number of days you held the stock, you cannot count certain days during which your risk of loss was diminished. See Pub. 550 for more details. Preferred dividends attributable to periods totaling less than 367 days are subject to the 61-day holding period rule above.
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Dividends on any share of stock to the extent that you are under an obligation (including a short sale) to make related payments with respect to positions in substantially similar or related property.
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Payments in lieu of dividends, but only if you know or have reason to know that the payments are not qualified dividends.
You bought 5,000 shares of XYZ Corp. common stock on July 1, 2008. XYZ Corp. paid a cash dividend of 10 cents per share. The ex-dividend date was July 9, 2008. Your Form 1099-DIV from XYZ Corp. shows $500 in box 1a (ordinary dividends) and in box 1b (qualified dividends). However, you sold the 5,000 shares on August 4, 2008. You held your shares of XYZ Corp. for only 34 days of the 121-day period (from July 2, 2008, through August 4, 2008). The 121-day period began on May 10, 2008 (60 days before the ex-dividend date), and ended on September 7, 2008. You have no qualified dividends from XYZ Corp. because you held the XYZ stock for less than 61 days.
Assume the same facts as in Example 1 except that you bought the stock on July 8, 2008 (the day before the ex-dividend date), and you sold the stock on September 9, 2008. You held the stock for 63 days (from July 9, 2008, through September 9, 2008). The $500 of qualified dividends shown in Form 1099-DIV, box 1b, are all qualified dividends because you held the stock for 61 days of the 121-day period (from July 9, 2008, through September 7, 2008).
You bought 10,000 shares of ABC Mutual Fund common stock on July 1, 2008. ABC Mutual Fund paid a cash dividend of 10 cents a share. The ex-dividend date was July 9, 2008. The ABC Mutual Fund advises you that the portion of the dividend eligible to be treated as qualified dividends equals 2 cents per share. Your Form 1099-DIV from ABC Mutual Fund shows total ordinary dividends of $1,000 and qualified dividends of $200. However, you sold the 10,000 shares on August 4, 2008. You have no qualified dividends from ABC Mutual Fund because you held the ABC Mutual Fund stock for less than 61 days.
Form(s) 1042-S, you generally must include the amount shown in Form(s) 1042-S, box 2, on line 12. However, if any or all of that amount is exempt by treaty, do not include the treaty-exempt amount on line 12. Instead, include the treaty-exempt amount on line 22 and complete item M on page 5 of Form 1040NR. Attach any Form(s) 1042-S you received from the college or institution. If you did not receive a Form 1042-S, attach a statement from the college or institution (on their letterhead) showing the details of the grant. For more information about scholarships and fellowships in general, see Pub. 970.
You are a citizen of a country that has not negotiated a tax treaty with the United States. You are a candidate for a degree at ABC University (located in the United States). You are receiving a full scholarship from ABC University. The total amounts you received from ABC University during 2008 are as follows:
| Tuition and fees | $25,000 | ||
| Books, supplies, and equipment | 1,000 | ||
| Room and board | 9,000 | ||
| $35,000 |
The Form 1042-S you received from ABC University for 2008 shows $9,000 in box 2 and $1,260 (14% of $9,000) in box 9.
Note.
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Enter on line 12 the $9,000 shown in box 2 of Form 1042-S.
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Enter $0 on line 30. Because
section 117 amounts (tuition, fees, books, supplies, and equipment) were not included in box 2 of your Form 1042-S (and are not included on line 12 of Form 1040NR), you cannot exclude any of the section 117 amounts on line 30. -
Include on line 58 the $1,260 shown in box 9 of Form 1042-S.
The facts are the same as in Example 1 except that you are a citizen of a country that has negotiated a tax treaty with the United States and you were a resident of that country immediately before leaving for the United States to attend ABC University. Also, assume that, under the terms of the tax treaty, all of your scholarship income is exempt from tax because ABC University is a nonprofit educational organization.
Note.
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Enter $0 on line 12. The $9,000 reported to you in box 2 of
Form 1042-S is reported on line 22 (not line 12). -
Enter $9,000 on line 22.
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Enter $0 on line 30. Because none of the $9,000 reported to you in box 2 of Form 1042-S is included in your income, you cannot exclude it on
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Include on line 58 any withholding shown in box 9 of Form 1042-S.
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Provide all the required information in item M on page 5.
You do not have to file Schedule D (Form 1040) if both of the following apply.
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The only amounts you have to report on Schedule D (Form 1040) are effectively connected capital gain distributions from Form(s) 1099-DIV, box 2a, or substitute statements.
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None of the Form(s) 1099-DIV or substitute statements have an amount in box 2b (unrecaptured section 1250 gain), box 2c (section 1202 gain), or box 2d (collectibles (28%) gain).
line 16b.
Enter the total distribution on line 16a if you rolled over part or all of the distribution from one:
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IRA to another IRA of the same type (for example, from one traditional IRA to another traditional IRA), or
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SEP or SIMPLE IRA to a traditional IRA.
Also, enter “Rollover” next to line 16b. If the total distribution was rolled over in a qualified rollover, enter -0- on line 16b. If the total distribution was not rolled over in a qualified rollover, enter the part not rolled over on line 16b unless Exception 2 applies to the part not rolled over. Generally, a qualified rollover must be made within 60 days after the day you received the distribution. For more details on rollovers, see Pub. 590, Individual Retirement Arrangements (IRAs).
If you rolled over the distribution (a) in 2009, or (b) from an IRA into a qualified plan (other than an IRA), attach a statement explaining what you did.
If any of the following apply, enter the total distribution on
line 16a and see Form 8606 and its instructions to figure the amount to enter on line 16b.
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You received a distribution from an IRA (other than a Roth IRA) and you made nondeductible contributions to any of your traditional or SEP IRAs for 2008 or an earlier year. If you made nondeductible contributions to these IRAs for 2008, also see Pub. 590.
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You received a distribution from a Roth IRA. But if either 1 or 2 below applies, enter -0- on line 16b; you do not have to see Form 8606 or its instructions.
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Distribution code T is shown in Form 1099-R, box 7, and you made a contribution (including a conversion) to a Roth IRA for 2003 or an earlier year.
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Distribution code Q is shown in Form 1099-R, box 7.
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You converted part or all of a traditional, SEP, or SIMPLE IRA to a Roth IRA in 2008.
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You had a 2007 or 2008 IRA contribution returned to you, with the related earnings or less any loss, by the due date (including extensions) of your tax return for that year.
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You made excess contributions to your IRA for an earlier year and had them returned to you in 2008.
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You recharacterized part or all of a contribution to a Roth IRA as a traditional IRA contribution, or vice versa.
If the distribution is a qualified charitable distribution (QCD), enter the total distribution on line 16a. If the total amount distributed is a QCD, enter -0- on line 16b. If only part of the distribution is a QCD, enter the part that is not a QCD on line 16b unless Exception 2 applies to that part. Enter “QCD” next to line 16b.
A QCD is a distribution made directly by the trustee of your IRA (other than a SEP or SIMPLE IRA) to an organization eligible to receive tax-deductible contributions (with certain exceptions). You must have been at least age 70½ when the distribution was made. Your total QCDs for the year cannot be more than $100,000. The amount of the QCD is limited to the amount that otherwise would be included in your income. If your IRA includes nondeductible contributions, the distribution first is considered to be paid out of otherwise taxable income. See Pub. 590 for details.
You cannot claim a charitable contribution deduction for any QCD not included in your income.
If the distribution is a qualified health savings account (HSA) funding distribution (HFD), enter the total distribution on line 16a. If the total amount distributed is an HFD and you elect to exclude it from income, enter -0- on line 16b. If only part of the distribution is an HFD and you elect to exclude that part from income, enter the part that is not an HFD on line 16b unless Exception 2 applies to that part. Enter “HFD” next to line 16b.
An HFD is a distribution made directly by the trustee of your IRA (other than a SEP or SIMPLE IRA) to your HSA. If eligible, you generally can elect to exclude an HFD from your income once in your lifetime. You cannot exclude more than the limit on HSA contributions or more than the amount that otherwise would be included in your income. If your IRA includes nondeductible contributions, the HFD is first considered to be paid out of otherwise taxable income. See Pub. 969 for details.
The amount of an HFD reduces the amount you can contribute to your HSA for the year. If you fail to maintain eligibility for an HSA for the 12 months following the month of the HFD, you may have to report the HFD as income and pay an additional tax. See Form 8889, Part III.
If more than one exception applies, attach a statement showing the amount of each exception, instead of making an entry next to line 16b. For example: “Line 16b – $1,000 Rollover and $500 HFD.”
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Disability pensions received before you reach the minimum retirement age set by your employer.
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Corrective distributions (including any earnings) of excess salary deferrals or excess contributions to retirement plans. The plan must advise you of the year(s) the distributions are includible in income.
Note.
If your pension or annuity is fully taxable, enter it on line 17b; do not make an entry on line 17a. Your payments are fully taxable if (a) you did not contribute to the cost (defined on page 13) of your pension or annuity, or (b) you got your entire cost back tax free before 2008.
If you received a Form RRB-1099-R, see Pub. 575 for information on how to report your benefits.
Enter the total pension or annuity payments you received in 2008 on line 17a. If your Form 1042-S or Form 1099-R does not show the taxable amount, you must use the General Rule explained in Pub. 939, General Rule for Pensions and Annuities, to figure the taxable part to enter on line 17b. But if your annuity starting date (defined below) was after July 1, 1986, see Simplified method below to find out if you must use that method to figure the taxable part.
You can ask the IRS to figure the taxable part for you for a $500 fee. For details, see Pub. 939.
If your Form 1099-R shows a taxable amount, you can report that amount on line 17b. But you may be able to report a lower taxable amount by using the General Rule or the Simplified Method. If you received Form 1042-S, you must figure the taxable part by using the General Rule or the Simplified Method.
Your annuity starting date is the later of the first day of the first period for which you received a payment or the date the plan's obligations became fixed.
You must use the Simplified Method if (a) your annuity starting date (defined above) was after July 1, 1986, and you used this method last year to figure the taxable part, or (b) your annuity starting date was after November 18, 1996, and both of the following apply.
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The payments are from a qualified employee plan, a qualified employee annuity, or a tax-sheltered annuity.
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On your annuity starting date, either you were under age 75 or the number of years of guaranteed payments was fewer than 5. See Pub. 575 for the definition of guaranteed payments.
If you must use the Simplified Method, complete the worksheet on page 13 to figure the taxable part of your pension or annuity. For more details on the Simplified Method, see Pub. 575.
Simplified Method Worksheet—Lines 17a and 17b
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Before you begin: If you are the beneficiary of a deceased employee or former employee who died before August 21, 1996, include any death benefit exclusion that you are entitled to (up to $5,000) in the amount entered on line 2 below.
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| Note. If you had more than one partially taxable pension or annuity, figure the taxable part of each separately. Enter the total of the taxable parts on Form 1040NR, line 17b. Enter the total pension or annuity payments received in 2008 on Form 1040NR, line 17a. | |||||||||
| 1. | Enter the total pension or annuity payments received in 2008. Also, enter this amount on Form 1040NR, line 17a | 1. | |||||||
| 2. | Enter your cost in the plan at the annuity starting date | 2. | |||||||
| Note. If you completed this worksheet last year, skip line 3 and enter the amount from line 4 of last year's worksheet on line 4 below (even if the amount of your pension or annuity has changed). Otherwise, go to line 3 | |||||||||
| 3. | Enter the appropriate number from Table 1 below. But if your annuity starting date was after 1997 and the payments are for your life and that of your beneficiary, enter the appropriate number from Table 2 below | 3. | |||||||
| 4. | Divide line 2 by the number on line 3 | 4. | |||||||
| 5. | Multiply line 4 by the number of months for which this year's payments were made. If your annuity starting date was before 1987, skip lines 6 and 7 and enter this amount on line 8. Otherwise, go to line 6 | 5. | |||||||
| 6. | Enter the amount, if any, recovered tax free in years after 1986. If you completed this worksheet last year, enter the amount from line 10 of last year's worksheet | 6. | |||||||
| 7. | Subtract line 6 from line 2 | 7. | |||||||
| 8. | Enter the smaller of line 5 or line 7 | 8. | |||||||
| 9. | Taxable amount. Subtract line 8 from line 1. Enter the result, but not less than zero. Also, enter this amount on Form 1040NR, line 17b. If your Form 1042-S or Form 1099-R shows a larger amount, use the amount on this line instead of the amount from Form 1042-S or Form 1099-R | 9. | |||||||
| 10. | Was your annuity starting date before 1987? | ||||||||
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amount you have recovered tax free | 10. | |||||||
| Table 1 for Line 3 Above | |||||||||
| IF the age at annuity starting date (see page 12) was . . . | AND your annuity starting date was— | ||||||||
| before November 19, 1996, enter on line 3 . . . | after November 18, 1996, enter on line 3 . . . | ||||||||
| 55 or under | 300 | 360 | |||||||
| 56–60 | 260 | 310 | |||||||
| 61–65 | 240 | 260 | |||||||
| 66–70 | 170 | 210 | |||||||
| 71 or older | 120 | 160 | |||||||
| Table 2 for Line 3 Above | |||||||||
| IF the combined ages at annuity starting date (see page 12) were . . . | THEN enter on line 3 . . . | ||||||||
| 110 or under | 410 | ||||||||
| 111–120 | 360 | ||||||||
| 121–130 | 310 | ||||||||
| 131–140 | 260 | ||||||||
| 141 or older | 210 | ||||||||
If you are the retiree, use your age on the annuity starting date. If you are the survivor of a retiree, use the retiree's age on his or her annuity starting date. But if your annuity starting date was after 1997 and the payments are for your life and that of your beneficiary, use your combined ages on the annuity starting date.
Your cost is generally your net investment in the plan as of the annuity starting date. It does not include pre-tax contributions. Your net investment should be shown in Form 1099-R, box 9b, for the first year you received payments from the plan. You must figure your net investment if you received Form 1042-S.
Generally, a qualified rollover is a tax-free distribution of cash or other assets from one retirement plan that is contributed to another plan within 60 days of receiving the distribution. However, a qualified rollover to a Roth IRA is not a tax-free distribution. Use lines 17a and 17b to report a qualified rollover, including a direct rollover, from one qualified employer's plan to another or to an IRA or SEP. For more details on rollovers, see Pub. 575.
Enter on line 17a the total distribution before income tax or other deductions were withheld. This amount should be shown in Form 1099-R, box 1, or Form 1042-S, box 2. From the total on line 17a, subtract any contributions (usually shown in box 5 of Form 1099-R or figured by you if you received Form 1042-S) that were taxable to you when made. From that result, subtract the amount of the qualified rollover. Enter the remaining amount, even if zero, on line 17b. Also enter “Rollover” next to line 17b.
Special rules apply to partial rollovers of property. See Pub. 575.
Enter on line 17a the total distribution before income tax or other deductions were withheld. This amount should be shown in box 1 of Form 1099-R, or Form 1042-S, box 2. From the total on line 17a, subtract any contributions (usually shown in box 5 of Form 1099-R or figured by you if you received Form 1042-S) that were taxable to you when made. Enter the remaining amount, even if zero, on line 17b.
If you received a lump-sum distribution from a profit-sharing or retirement plan, your Form 1099-R should have the “Total distribution” box in box 2b checked. You need to determine this on your own if you received Form 1042-S. You may owe an additional tax if you received an early distribution from a qualified retirement plan and the total amount was not rolled over in a qualified rollover. For details, see the instructions for line 54 on page 20.
Enter the total distribution on line 17a and the taxable part on line 17b. For details, see Pub. 575.
Pub. 525. The following are examples of income to report on line 21.
Distributions from these accounts may be taxable if (a) they are more than the qualified higher education expenses of the designated beneficiary in 2008, and (b) they were not included in a qualified rollover. See Pub. 970. Nontaxable distributions from these accounts, including rollovers, do not have to be reported on Form 1040NR.
You may have to pay an additional tax if you received a taxable distribution from a Coverdell ESA or a QTP. See the Instructions for Form 5329.
Distributions from an HSA or an Archer MSA may be taxable if (a) they are more than the unreimbursed qualified medical expenses of the account beneficiary or account holder in 2008, and (b) they were not included in a qualified rollover. See Pub. 969.
You may have to pay an additional tax if you received a taxable distribution from an HSA or Archer MSA. See the Instructions for Form 8889 for HSAs and the Instructions for Form 8853 for Archer MSAs.
See Form 8889, Part III.
See Fractional Interest in Tangible Personal Property in Pub. 526, Charitable Contributions. Interest and an additional 10% tax apply to the amount of the recapture. See the instructions for line 57 on page 21.
See Recapture if no exempt use in Pub. 526.
These amounts may be shown in box 2 of Form 1099-C or Form 1042-S. However, part or all of your income from the cancellation of debt may be nontaxable. See Pub. 4681 or go to www.irs.gov and enter “canceled debt” or “foreclosure” in the search box.
-
Excludable U.S. series EE and I savings bond interest from Form 8815.
-
Nontaxable qualified tuition program earnings or distributions.
-
Any nontaxable distribution of Coverdell education savings account earnings.
-
Any reimbursements you received for these expenses that were not reported to you in Form W-2, box 1.
Note.
If, during 2008, you were an eligible trade adjustment assistance (TAA) recipient, alternative TAA (ATAA) recipient, or Pension Benefit Guaranty Corporation (PBGC) pension recipient, you must complete Form 8885 before completing the worksheet below. When figuring the amount to enter on line 1 of the worksheet below, do not include:
-
Any amounts you included on Form 8885, line 4,
-
Any qualified health insurance premiums you paid to “U.S. Treasury-HCTC,” or
-
Any health coverage tax credit advance payments shown in Form 1099-H, box 1.
Self-Employed Health Insurance Deduction Worksheet—Line 28
|
Before you begin:
|
| 1. | Enter the total amount paid in 2008 for health insurance coverage established under your business for 2008 for you, your spouse, and your dependents. But do not include amounts for any month you were eligible to participate in an employer-sponsored health plan | 1. | |
| 2. | Enter your net profit and any other earned income* from the business under which the insurance plan is established, minus any deduction you claim on Form 1040NR, line 27 | 2. | |
| 3. | Self-employed health insurance deduction. Enter the smaller of line 1 or line 2 here and on Form 1040NR, line 28 | 3. | |
| *Earned income includes net earnings and gains from the sale, transfer, or licensing of property you created. However, it does not include capital gain income. | |||
Form 1099-INT or Form 1099-OID you received will show the amount of any penalty you were charged.
If you were covered by a retirement plan (qualified pension, profit-sharing (including 401(k)), annuity, SEP, SIMPLE, etc.) at work or through self-employment, your IRA deduction may be reduced or eliminated. But you still can make contributions to an IRA even if you cannot deduct them. In any case, the income earned on your IRA contributions is not taxed until it is paid to you.
The “Retirement plan” box in Form W-2, box 13, should be checked if you were covered by a plan at work even if you were not vested in the plan. You also are covered by a plan if you were self-employed and had a SEP, SIMPLE, or qualified retirement plan.
If you checked filing status box 3, 4, or 5 and you were not covered by a retirement plan but your spouse was, you are considered covered by a plan unless you lived apart from your spouse for all of 2008.
See Pub. 590 for more details.
You may be able to take the retirement savings contributions credit (saver's credit). See the instructions for line 46 that begin on page 19.
-
You paid interest in 2008 on a qualified student loan (see below).
-
You checked filing status box 1, 2, or 6.
-
Your modified adjusted gross income (AGI) is less than $70,000. Use lines 2 through 4 of the worksheet on page 16 to figure your modified AGI.
-
You are not claimed as a dependent on someone else's (such as your parent's) 2008 tax return.
Student Loan Interest Deduction Worksheet—Line 32
|
Before you begin:
|
| 1. | Enter the total interest you paid in 2008 on qualified student loans (see page 15). Do not enter more than $2,500 | 1. | |||
| 2. | Enter the amount from Form 1040NR, line 23 | 2. | |||
| 3. | Enter the total of the amounts from Form 1040NR, lines 24 through 31, plus any write-in adjustments you entered on the dotted line next to line 34 | 3. | |||
| 4. | Subtract line 3 from line 2 | 4. | |||
| 5. | Is line 4 more than $55,000? | ||||
| □ No. Skip lines 5 and 6, enter -0- on line 7, and go to line 8. | |||||
| □ Yes. Subtract $55,000 from line 4 | 5. | ||||
| 6. | Divide line 5 by $15,000. Enter the result as a decimal (rounded to at least three places). If the result is 1.000 or more, enter 1.000 | 6. | . | ||
| 7. | Multiply line 1 by line 6 | 7. | |||
| 8. | Student loan interest deduction. Subtract line 7 from line 1. Enter the result here and on Form 1040NR, line 32. Do not include this amount in figuring any other deduction on your return (such as on Schedule A (Form 1040NR), Schedule C (Form 1040), Schedule E (Form 1040), etc.) | 8. | |||
This is any loan you took out to pay the qualified higher education expenses for any of the following individuals.
-
Yourself or your spouse.
-
Any person who was your dependent when the loan was taken out.
-
Any person you could have claimed as a dependent for the year the loan was taken out except that:
-
The person filed a joint return,
-
The person had gross income that was equal to or more than the exemption amount for that year ($3,500 for 2008), or
-
You could be claimed as a dependent on someone else's return.
-
The person for whom the expenses were paid must have been an eligible student (see page 16). However, a loan is not a qualified student loan if (a) any of the proceeds were used for other purposes, or (b) the loan was from either a related person or a person who borrowed the proceeds under a qualified employer plan or a contract purchased under such a plan. To find out who is a related person, see Pub. 970.
Qualified higher education expenses. Qualified higher education expenses generally include tuition, fees, room and board, and related expenses such as books and supplies. The expenses must be for education in a degree, certificate, or similar program at an eligible educational institution. An eligible educational institution includes most colleges, universities, and certain vocational schools. You must reduce the expenses by the following benefits.
-
Employer-provided educational assistance benefits that are not included in Form(s) W-2, box 1.
-
Excludable U.S. series EE and I savings bond interest from Form 8815.
-
Any nontaxable distribution of qualified tuition program earnings.
-
Any nontaxable distribution of Coverdell education savings account earnings.
-
Any scholarship, educational assistance allowance, or other
payment (but not gifts, inheritances, etc.) excluded from income.
For more details on these expenses, see Pub. 970.
Eligible student. An eligible student is a person who:
-
Was enrolled in a degree, certificate, or other program (including a program of study abroad that was approved for credit by the institution at which the student was enrolled) leading to a recognized educational credential at an eligible educational institution, and
-
Carried at least half the normal full-time workload for the course of study he or she was pursuing.
-
Construction of real property performed in the United States.
-
Engineering or architectural services performed in the United States for construction of real property in the United States.
-
Any lease, rental, license, sale, exchange, or other disposition of:
-
Tangible personal property, computer software, and sound recordings that you manufactured, produced, grew, or extracted in whole or in significant part within the United States;
-
Any qualified film you produced; or
-
Electricity, natural gas, or potable water you produced in the United States.
-
-
The sale of food and beverages you prepare at a retail establishment;
-
Property you leased, licensed, or rented for use by any related person;
-
The transmission or distribution of electricity, natural gas, or potable water; or
-
The lease, rental, license, sale, exchange, or other disposition of land.
-
Archer MSA deduction (see Form 8853). Identify as “MSA.”
-
Performing-arts-related expenses (see Form 2106 or 2106-EZ). Identify as “QPA.”
-
Reforestation amortization and expenses (see Pub. 535). Identify as “RFST.”
-
Repayment of supplemental unemployment benefits under the Trade Act of 1974 (see Pub. 525). Identify as “Sub-Pay TRA.”
-
Contributions to section 501(c)(18)(D) pension plans (see Pub. 525). Identify as “501(c)(18)(D).”
-
Contributions by certain chaplains to section 403(b) plans (see Pub. 517). Identify as “403(b).”
-
Attorney fees and court costs for actions settled or decided after October 22, 2004, involving certain unlawful discrimination claims, but only to the extent of effectively connected gross income from such actions (see Pub. 525). Identify as “UDC.”
-
Attorney fees and court costs paid by you in connection with an award from the IRS for information you provided after December 19, 2006, that substantially contributed to the detection of tax law violations, up to the amount of the award includible in your gross income. Identify as “WBF.”
line 17 of Schedule A on page 3 of the form.
Note.
.
Deduction for Exemptions Worksheet—Line 39
| Caution: If you are filing for a qualified disability trust (see this page), use this worksheet only if the trust's modified AGI* is more than $159,950. Also, skip line 1, enter $3,500 on line 2, enter the trust's modified AGI on line 3, and enter $159,950 on line 4. | ||||||
| 1. | Is the amount on Form 1040NR, line 36, more than the amount shown on line 4 below for your filing status? | |||||
| □ No. Stop. | Multiply $3,500 by the total number of exemptions claimed on Form 1040NR, line 7d, and enter the result on Form 1040NR, line 39. | |||||
| □ Yes. | Go to line 2. | |||||
| 2. | Multiply $3,500 by the total number of exemptions claimed on Form 1040NR, line 7d | 2. | ||||
| 3. | Enter the amount from Form 1040NR, line 36 | 3. | ||||
| 4. | Enter the amount shown below for the filing status box you checked on page 1 of Form 1040NR: | |||||
|
4. | |||||
| 5. | Subtract line 4 from line 3. | 5. | ||||
| 6. | Is line 5 more than $122,500 ($61,250 if you checked filing status box 3, 4, or 5)? | |||||
| □ Yes. | Multiply $2,333 by the total number of exemptions claimed on Form 1040NR, line 7d. Enter the result here and on Form 1040NR, line 39. Do not complete the rest of this worksheet. | |||||
| □ No. | Divide line 5 by $2,500 ($1,250 if you checked filing status box 3, 4, or 5). If the result is not a whole number, increase it to the next higher whole number (for example, increase 0.0004 to 1) | 6. | ||||
| 7. | Multiply line 6 by 2% (.02) and enter the result as a decimal | 7. | . | |||
| 8. | Multiply line 2 by line 7 | 8. | ||||
| 9. | Divide line 8 by 3.0 | 9. | ||||
| 10. | Deduction for exemptions. Subtract line 9 from line 2. Enter the result here and on Form 1040NR, line 39 | 10. | ||||
| *Figure the trust's modified AGI by applying section 67(e) without regard to section 642(b). | ||||||
If you are a nonresident alien individual, multiply $3,500 by the total number of exemptions entered on line 7d. If you were a resident of the Republic of Korea (South Korea), you must figure the exemptions for your spouse and children according to the proportion your U.S. effectively connected income bears to your total income. You also must complete item I on page 5 of the form. (For details, see Pub. 519.) But use the worksheet on this page to figure the amount, if any, to enter on line 39 if your adjusted gross income from line 36 is more than $159,950 if you checked filing status box 1 or 2; $119,975 if you checked filing status box 3, 4, or 5; or $239,950 if you checked filing status box 6.
If you are filing for a trust whose governing instrument requires it to distribute all of its income currently, enter $300 on line 39. If you are filing for a qualified disability trust (defined in section 642(b)(2)(C)(ii)), enter $3,500 on line 39. But if the qualified disability trust's modified AGI (determined under section 67(e) without regard to section 642(b)) is more than $159,950, use the worksheet on this page to figure the amount to enter on line 39. If you are filing for any other trust, enter $100 on line 39.
-
Tax on your taxable income. Figure the tax using one of the methods described on this page and the next page.
-
Tax from Form 8814 (relating to the election to report child's interest or dividends). Check the appropriate box.
-
Tax from Form 4972 (relating to lump-sum distributions). Check the appropriate box.
-
You are required to figure your tax using Form 8615, the Qualified Dividends and Capital Gain Tax Worksheet on page 18, or the Schedule D Tax Worksheet.
-
You use Schedule J (Form 1040) (for farming or fishing income) to figure your tax.
-
Was under age 18 at the end of 2008,
-
Was age 18 at the end of 2008 and did not have earned income that was more than half of the child's support, or
-
Was a full-time student over age 18 and under age 24 at the end of 2008 and did not have earned income that was more than half of the child's support.
-
You reported qualified dividends on Form 1040NR, line 10b.
-
You do not have to file Schedule D (Form 1040) and you reported capital gain distributions on Form 1040NR, line 14.
-
You are filing Schedule D and Schedule D, lines 15 and 16, are both more than zero.
Qualified Dividends and Capital Gain Tax Worksheet—Line 41
|
Before you begin:
|
| 1. | Enter the amount from Form 1040NR, line 40 | 1. | |||||||
| 2. | Enter the amount from Form 1040NR, line 10b | 2. | |||||||
| 3. | Are you filing Schedule D (Form 1040)? | ||||||||
| □ Yes. | Enter the smaller of line 15 or 16 of Schedule D. If either line 15 or line 16 is a loss, enter -0-. | 3. | |||||||
| □ No. | Enter the amount from Form 1040NR, line 14. | ||||||||
| 4. | Add lines 2 and 3 | 4. | |||||||
| 5. | Subtract line 4 from line 1. If zero or less, enter -0- | 5. | |||||||
| 6. | Enter the smaller of: | ||||||||
|
. | 6. | |||||||
| 7. | Is the amount on line 5 equal to or more than the amount on line 6? |
||||||||
| □ Yes. □ No. |
Skip lines 7 and 8; go to line 9 and check the “No” box. Enter the amount from line 5 |
7. | |||||||
| 8. | Subtract line 7 from line 6 | 8. | |||||||
| 9. | Are the amounts on lines 4 and 8 the same? | ||||||||
| □ Yes. □ No. |
Skip lines 9 through 12; go to line 13. Enter the smaller of line 1 or line 4 |
9. | |||||||
| 10. | Enter the amount from line 8 (if line 8 is blank, enter -0-) | 10. | |||||||
| 11. | Subtract line 10 from line 9 | 11. | |||||||
| 12. | Multiply line 11 by 15% (.15) | 12. | |||||||
| 13. | Figure the tax on the amount on line 5. Use the Tax Table or Tax Computation Worksheet, whichever applies* | 13. | |||||||
| 14. | Add lines 12 and 13 | 14. | |||||||
| 15. | Figure the tax on the amount on line 1. Use the Tax Table or Tax Computation Worksheet, whichever applies* | 15. | |||||||
| 16. | Tax on all taxable income. Enter the smaller of line 14 or line 15 here and on Form 1040NR, line 41 | 16. | |||||||
| *Estates and trusts must use the Tax Rate Schedules. | |||||||||
-
$46,200 if you checked filing status box 1 or 2.
-
$34,975 if you checked filing status box 3, 4, or 5.
-
$69,950 if you checked filing status box 6.
-
Accelerated depreciation.
-
Stock by exercising an incentive stock option and you did not dispose of the stock in the same year.
-
Tax-exempt interest from private activity bonds.
-
Intangible drilling, circulation, research, experimental, or mining costs.
-
Amortization of pollution-control facilities or depletion.
-
Income or (loss) from tax-shelter farm activities or passive activities.
-
Income from long-term contracts not figured using the percentage-of-
completion method. -
Alternative minimum tax adjustments from an estate, trust, electing large partnership, or cooperative.
-
Section 1202 exclusion.
-
Empowerment zone and renewal community employment credit.
-
Qualified electric vehicle credit.
-
Alternative motor vehicle credit.
-
Alternative fuel vehicle refueling property credit.
-
Credit for prior year minimum tax.
-
Report income from foreign sources (see Foreign Income Taxed by the United States on page 6), and
-
Have paid or owe foreign tax on that income.
You do not have to complete Form 1116 to take this credit if all six of the following apply.
-
Form 1040NR is being filed for a nonresident alien individual and not an estate or trust.
-
All of your gross foreign source income was from the passive category (which includes most interest and dividend income).
-
All the income and any foreign taxes paid on it were reported to you on qualified payee statements, such as Form 1099-INT, Form 1099-DIV, or similar substitute statements.
-
If you have dividend income from shares of stock, you held those shares for at least 16 days.
-
The total of your foreign taxes was not more than $300.
-
All of your foreign taxes were:
-
Legally owed and not eligible for a refund, and
-
Paid to countries that are recognized by the United States and do not support terrorism.
-
Note.
-
The amount on Form 1040NR, line 36, is more than $26,500.
-
The person(s) who made the qualified contribution or elective deferral (a) was born after January 1, 1991, (b) is claimed as a dependent on someone else's 2008 tax return, or (c) was a student (defined below).
-
Were enrolled as a full-time student at a school, or
-
Took a full-time, on-farm training course given by a school or a state, county, or local government agency. A school includes a technical, trade, and mechanical school. It does not include an on-the-job training course, correspondence school, or school offering courses only through the Internet.
-
Make sure you have a qualifying child for the child tax credit (defined in the instructions for line 7c, column (4), on page 8).
-
Make sure that for each qualifying child you either checked the box on Form 1040NR, line 7c, column (4), or completed Form 8901 (if the child is not your dependent).
-
Answer the questions in the Who Must Use Pub. 972 chart on page 19 to see if you can use the Child Tax Credit Worksheet on page 19 to figure your credit or if you must use Pub. 972.
-
Mortgage interest credit. If a state or local government gave you a mortgage credit certificate, see Form 8396.
-
Adoption credit. If you paid expenses to adopt a child or you adopted a child with special needs and the adoption became final in 2008, see the Instructions for Form 8839.
-
Residential energy efficient property credit. You may be able to take this credit if you paid qualified solar electric, solar water heating, fuel cell, small wind energy, or geothermal heat pump property costs for your home located in the United States.
Who Must Use Pub. 972—Line 47
| 1. | Is the amount on Form 1040NR, line 36, more than the amount shown below for your filing status? | |
|
||
| □ | Yes.Stop. You must use Pub. 972 to figure your credit. | |
| □ | No. Go to line 2. | |
| 2. | Are you claiming any of the following credits? | |
|
||
| □ | Yes.Stop. You must use Pub. 972 to figure your child tax credit. You also will need the form(s) listed above for any credit(s) you are claiming. | |
| □ | No. Use the worksheet on this page to figure your child tax credit. | |
Child Tax Credit Worksheet—Line 47
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|
|||||||
| 1. | Number of qualifying children: X $1,000. Enter the result | 1. | ||||||
| 2. | Enter the amount from Form 1040NR, line 43 | 2. | ||||||
| 3. | Enter the total of the amounts from Form 1040NR, lines 44, 45 and 46 |
3. | ||||||
| 4. | Are the amounts on lines 2 and 3 the same?![]() ![]() |
4. | ||||||
| 5. | Is the amount on line 1 more than the amount on line 4?![]() ![]() |
5. | ||||||
| This is your child tax credit. Enter this amount on Form 1040NR, line 47. | ||||||||
| TIP: You may be able to take the additional child tax credit on Form 1040NR, line 61, if you answered “Yes” on line 4 or line 5 above.
|
||||||||
-
District of Columbia first-time homebuyer credit. See Form 8859.
-
Qualified electric vehicle credit. You cannot claim this credit for a vehicle placed in service after 2006. You can claim this credit only if you have a passive activity electric vehicle credit carried forward from a prior year. See Form 8834.
-
Alternative motor vehicle credit. If you placed an alternative motor vehicle (such as a qualified hybrid vehicle) in service during 2008, see Form 8910.
-
Alternative fuel vehicle refueling property credit. See Form 8911.
-
General business credit. This credit consists of a number of credits that usually apply only to individuals who are partners, self-employed, or who have rental property. See Form 3800 or Pub. 334.
-
Credit for prior year minimum tax. If you paid alternative minimum tax in a prior year, see Form 8801.
-
Credit to holders of tax credit bonds. See Form 8912.
If you received tips of $20 or more in any month and you did not report the full amount to your employer, you must pay the social security and Medicare or railroad retirement (RRTA) tax on the unreported tips. You also must pay this tax if your Form(s) W-2 shows allocated tips that you are including in your income on Form 1040NR, line 8.
To figure the social security and Medicare tax, use Form 4137. If you owe RRTA tax, contact your employer. Your employer will figure and collect the RRTA tax.
You may be charged a penalty equal to 50% of the social security and Medicare tax due on tips you received but did not report to your employer.
If you are an employee who received wages from an employer who did not withhold social security and Medicare tax from your wages, use Form 8919 to figure your share of the unreported tax. Include on line 53 the amount from line 13 of Form 8919. Include the amount from line 6 of Form 8919 on Form 1040NR, line 8.
-
You received an early distribution from (a) an IRA or other qualified retirement plan, (b) an annuity,
or (c) a modified endowment contract entered into after June 20, 1988, and the total distribution was not rolled over in a qualified rollover contribution. -
Excess contributions were made to your IRAs, Coverdell education savings accounts (ESAs), Archer MSAs, or health savings accounts (HSAs).
-
You received taxable distributions from Coverdell ESAs or qualified tuition programs.
-
You were born before July 1, 1937, and did not take the minimum required distribution from your IRA or other qualified retirement plan.
If only item (1) applies to you and distribution code 1 is correctly shown in your Form 1099-R, box 7, you do not have to file Form 5329. Instead, multiply the taxable amount of the distribution by 10% (.10) and enter the result on line 54. The taxable amount of the distribution is the part of the distribution you reported on Form 1040NR, line 16b or line 17b, or on Form 4972. Also, enter “No” on the dotted line next to line 54 to indicate that you do not have to file Form 5329. But if distribution code 1 is incorrectly shown in Form 1099-R, box 7, you received a Form 1042-S for the distribution, or you qualify for an exception for qualified higher education expenses or qualified first-time homebuyer distributions, you must file Form 5329.
transportation income will be treated as not effectively connected with the conduct of a trade or business in the United States unless:
-
You had a fixed place of business in the United States involved in the earning of transportation income, and
-
At least 90% of your U.S. source gross transportation income was attributable to regularly scheduled transportation. Or, in the case of income from the leasing of a vessel or aircraft, it was attributable to a fixed place of business in the United States. See sections 887 and 863 for rules, definitions, and exceptions.
-
You paid any one household employee (defined below) cash wages of $1,600 or more in 2008. Cash wages include wages paid by check, money order, etc.
-
You withheld federal income tax during 2008 at the request of any household employee.
-
You paid total cash wages of $1,000 or more in any calendar quarter of 2007 or 2008 to household employees.
Any person who does household work is a household employee if you can control what will be done and how it will be done. Household work includes work done in or around your home by babysitters, nannies, health aides, maids, yard workers, and similar domestic workers.
-
Health savings account (HSA) distributions (see Form 8889, Part II). Identify as “HSA.”
-
An HSA because you did not remain an eligible individual during the testing period (see Form 8889, Part III). Identify as “HDHP.”
-
Archer MSA distributions (see Form 8853). Identify as “MSA.”
-
Medicare Advantage MSA distributions (see Form 8853). Identify as “Med MSA.”
-
Investment credit (see Form 4255). Identify as “ICR.”
-
Low-income housing credit (see Form 8611). Identify as “LIHCR.”
-
Qualified electric vehicle credit (see Form 8834). Identify as “QEVCR.”
-
Indian employment credit (see Form 8845). Identify as “IECR.”
-
New markets credit (see Form 8874). Identify as “NMCR.”
-
Credit for employer-provided childcare facilities (see Form 8882). Identify as “ECCFR.”
-
Alternative motor vehicle credit (see Form 8910). Identify as “AMVCR.”
-
Alternative fuel vehicle refueling property credit (see Form 8911). Identify as “ARPCR.”
If you sold your home in 2008 and it was financed (in whole or in part) from the proceeds of any tax-exempt qualified mortgage bond or you claimed the mortgage interest credit, see Form 8828. Identify as “FMSR.”
If you received an excess parachute payment (EPP), you must pay a 20% tax on it. This tax should be shown in your Form W-2, box 12, with code K. If you received a Form 1099-MISC, the tax is 20% of the EPP shown in box 13. Identify as “EPP.”
You may owe a 15% excise tax on the value of nonstatutory stock options and certain other stock-based compensation held by you or a member of your family from an expatriated corporation or its expanded affiliated group in which you were an officer, director, or more-than-10% owner. See section 4985. Identify as “ISC.”
This income should be shown in Form W-2, box 12, with code Z, or in Form 1099-MISC, box 15b. The tax is 20% of the amount required to be included in income plus an interest amount determined under section 409A(a)(1)(B)(ii). See section 409A(a)(1)(B) for details. Identify as “NQDC.”
Identify as “453(l)(3).”
Identify as “453A(c).”
-
Scholarship or fellowship grants, or
-
Pensions that you included on line 17a or 17b.
If you changed your name because of marriage, divorce, etc., and you made estimated tax payments using your former name, attach a statement to the front of Form 1040NR. On the statement, list all of the payments you made in 2008 and show the name(s) and identifying number(s) under which you made them.
-
Be sure you figured the amount, if any, of your child tax credit. See the instructions for line 47 on page 20.
-
Read the TIP at the end of your Child Tax Credit Worksheet on page 19. Use Form 8812 to see if you can take the additional child tax credit, but only if you meet the conditions given in that TIP.
line 66b any tax withheld by a partnership shown on Form(s) 1042-S. Be sure to attach a copy of all Form(s) 8805 and 1042-S.
line 70 is under $1, we will send a refund only on written request. If the amount you overpaid is large, you may be able to decrease the amount of income tax withheld from your pay by filing a new Form W-4. See on page 29.
If you owe past-due federal tax, state income tax, child support, spousal support, or certain federal nontax debts, such as student loans, all or part of the overpayment on line 70 may be used (offset) to pay the past-due amount. Offsets for federal taxes are made by the IRS. All other offsets are made by the Treasury Department's Financial Management Service (FMS). For federal tax offsets, you will receive a notice from the IRS. For all other offsets, you will receive a notice from FMS. To find out if you may have an offset or if you have any questions about it, contact the agency(ies) to which you owe the debt.
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| Fast Refunds! Choose direct deposit–a fast, simple, safe, secure way to have your refund deposited automatically to your checking or savings account, including an individual retirement arrangement (IRA). See the information on IRAs on page 23. |
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You get your refund faster by direct deposit than you do by check.
-
Payment is more secure. There is no check that can get lost or stolen.
-
It is more convenient. You do not have to make a trip to the bank to deposit your check.
-
It saves tax dollars. It costs the government less to refund by direct deposit.
-
Check the box on line 71a and attach Form 8888 if you want to split the direct deposit of your refund among two or three accounts, or
-
Complete lines 71b through 71d if you want your refund deposited to only one account.
Otherwise, we will send you a check.
Note.
You can request a deposit of your refund to a TreasuryDirect online account to buy U.S. Treasury marketable securities and savings bonds. For more information, go to www.treasurydirect.gov.
The routing number must be nine digits. The first two digits must be 01 through 12 or 21 through 32. Otherwise, the direct deposit will be rejected and a check sent instead. On the sample check below, the routing number is 250250025. Rufus and Mary Maple would use that routing number unless their financial institution instructed them to use a different routing number for direct deposits.
Ask your financial institution for the correct routing number to enter on line 71b if:
-
Your deposit is to a savings account that does not allow you to write checks, or
-
Your checks state they are payable through a financial institution different from the one at which you have your checking account.
Check the appropriate box for the type of account. Do not check more than one box. If the deposit is to an account such as an IRA, health savings account, brokerage account, or other similar account, ask your financial institution whether you should check the “Checking” or “Savings” box. You must check the correct box to ensure your deposit is accepted. For a TreasuryDirect online account, check the “Savings” box.
| Official Payments Corporation 1-800-2PAY-TAXSM (1-800-272-9829) 1-877-754-4413 (Customer Service) www.officialpayments.com |
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You may need to (a) increase the amount of income tax withheld from your pay by filing a new Form W-4, (b) increase the tax withholding from other income by filing Form W-4P or W-4V, or (c) make estimated tax payments for 2009. See on page 29.
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Line 73 is at least $1,000 and it is more than 10% of the tax shown on your return, or
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You did not pay enough estimated tax by any of the due dates. This is true even if you are due a refund.
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You had no tax shown on your 2007 return and you were a U.S. citizen or resident for all of 2007, or
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The total of lines 58, 59, 60, and 64 through 67b on your 2008 return is at least as much as the tax shown on your 2007 return. Your estimated tax payments for 2008 must have been made on time and for the required amount.
If you want to allow a friend, family member, or any other person you choose to discuss your 2008 tax return with the IRS, check the “Yes” box in the “Third Party Designee” area of your return. Also, enter the designee's name, U.S. phone number, and any five numbers the designee chooses as his or her personal identification number (PIN). But if you want to allow the paid preparer who signed your return to discuss it with the IRS, just enter “Preparer” in the space for the designee's name. You do not have to provide the other information requested.
If you check the “Yes” box, you are authorizing the IRS to call the designee to answer any questions that may arise during the processing of your return. You also are authorizing the designee to:
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Give the IRS any information that is missing from your return,
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Call the IRS for information about the processing of your return or the status of your refund or payment(s),
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Receive copies of notices or transcripts related to your return, upon request, and
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Respond to certain IRS notices about math errors, offsets, and return preparation.
You are not authorizing the designee to receive any refund check, bind you to anything (including any additional tax liability), or otherwise represent you before the IRS. If you want to expand the designee's authorization, see Pub. 947.
The authorization will end automatically no later than the due date (without regard to extensions) for filing your 2009 tax return (see When To File on page 4). If you wish to revoke the authorization before it ends, see Pub. 947.
Do not include on Schedule A (Form 1040NR) items deducted elsewhere such as on Form 1040NR or Schedule C, C-EZ, E, or F (Form 1040).
You can deduct state and local income taxes you paid or that were withheld from your salary during 2008 on income connected
with a U.S. trade or business. If, during 2008, you received any refunds of, or credits for, income tax paid in earlier years,
do not subtract them from the amount you deduct here. Instead, see the instructions for
Form 1040NR, line 11, on page 10.
You can deduct contributions or gifts you gave to U.S. organizations that are religious, charitable, educational, scientific, or literary in purpose. You also can deduct what you gave to organizations that work to prevent cruelty to children or animals.
To verify an organization's charitable status, you can:
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Check with the organization to which you made the donation. The organization should be able to provide you with verification of its charitable status.
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See Pub. 78 for a list of most qualified organizations. You can access Pub. 78 at www.irs.gov under Charities and Non-Profits, then Contributors.
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If in the United States, call our Tax Exempt/Government Entities Customer Account Services at 1-877-829-5500.
Examples of U.S. qualified charitable organizations include the following.
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Churches, mosques, synagogues, temples, etc.
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Boy Scouts, Boys and Girls Clubs of America, CARE, Girl Scouts, Goodwill Industries, Red Cross, Salvation Army, United Way, etc.
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Fraternal orders, if the gifts will be used for the purposes listed above.
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Veterans' and certain cultural groups.
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Nonprofit schools, hospitals, and organizations whose purpose is to find a cure for, or help people who have, arthritis, asthma, birth defects, cancer, cerebral palsy, cystic fibrosis, diabetes, heart disease, hemophilia, mental illness or retardation, multiple sclerosis, muscular dystrophy, tuberculosis, etc.
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Federal, state, and local governments if the gifts are solely for public purposes.
Example.
You paid $70 to a charitable organization to attend a fund-raising dinner and the value of the dinner was $40. You can deduct only $30.
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The amount of any money contributed and a description (but not value) of any property donated.
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Whether the organization did or did not give you any goods or services in return for your contribution. If you did receive any goods or services, a description and estimate of the value must be included. If you received only intangible religious benefits (such as admission to a religious ceremony), the organization must state this, but it does not have to describe or value the benefit.
-
Your cash contributions or contributions of ordinary income property are more than 30% of the amount on Form 1040NR, line 36.
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Your gifts of capital gain property are more than 20% of the amount on
Form 1040NR, line 36. -
You gave gifts of property that increased in value or gave gifts of the use of property.
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Travel expenses (including meals and lodging) while away from home, unless there was no significant element of personal pleasure, recreation, or vacation in the travel.
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Political contributions.
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Dues, fees, or bills paid to country clubs, lodges, fraternal orders, or similar groups.
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Cost of raffle, bingo, or lottery tickets.
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Cost of tuition. But you may be able to deduct this expense on line 9. See page 26.
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Value of your time or services.
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Value of blood given to a blood bank.
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The transfer of a future interest in tangible personal property (generally, until the entire interest has been transferred).
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Gifts to individuals and groups that are run for personal profit.
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Gifts to foreign organizations. But you may be able to deduct gifts to certain U.S. organizations that transfer funds to foreign charities and certain Canadian, Israeli, and Mexican charities. See Pub. 526 for details.
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Gifts to organizations engaged in certain political activities that are of direct financial interest to your trade or business. See section 170(f)(9).
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Gifts to groups whose purpose is to lobby for changes in the laws.
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Gifts to civic leagues, social and sports clubs, labor unions, and chambers of commerce.
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Value of benefits received in connection with a contribution to a charitable organization. See Pub. 526 for exceptions.
Enter the total gifts you made in cash or by check (including out-of-pocket expenses).
Enter your contributions of property. If you gave used items, such as clothing or furniture, deduct their fair market value at the time you gave them. Fair market value is what a willing buyer would pay a willing seller when neither has to buy or sell and both are aware of the conditions of the sale. For more details on determining the value of donated property, see Pub. 561.
If the amount of your deduction is more than $500, you must complete and attach Form 8283. For this purpose, the “amount of your deduction” means your deduction before applying any income limits that could result in a carryover of contributions. If you deduct more than $500 for a contribution of a motor vehicle, boat, or airplane, you also must attach a statement from the charitable organization to your return. The organization may use Form 1098-C to provide the required information. If your total deduction is over $5,000, you also may have to get appraisals of the values of the donated property. This amount is $500 for certain contributions of clothing and household items (see below). See Form 8283 and its instructions for details.
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How you figured the property's value at the time you gave it. If the value was determined by an appraisal, keep a signed copy of the appraisal.
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The cost or other basis of the property if you must reduce it by any ordinary income or capital gain that would have resulted if the property had been sold at its fair market value.
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How you figured your deduction if you chose to reduce your deduction for gifts of capital gain property.
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Any conditions attached to the gift.
If your total deduction for gifts of property is over $500, you gave less than your entire interest in the property, or you made a “qualified conservation contribution,” your records should contain additional information. See Pub. 526 for details.
Complete and attach Form 4684 to figure the amount of your loss to enter on line 8.
You may be able to deduct part or all of each loss caused by theft, vandalism, fire, storm, or similar causes, and car, boat, and other accidents. You also may be able to deduct money you had in a financial institution but lost because of the insolvency or bankruptcy of the institution.
You can deduct nonbusiness casualty or theft losses only to the extent that:
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The amount of each separate casualty or theft loss is more than $100, and
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The total amount of all losses during the year (reduced by the $100 limit discussed in (1) above) is more than 10% of the amount shown on Form 1040NR, line 36.
Special rules apply if you had both gains and losses from nonbusiness casualties or thefts. See Form 4684 and its instructions for details.
Use Schedule A, line 11, to deduct the costs of proving that you had a property loss. Examples of these costs are appraisal fees and photographs used to establish the amount of your loss.
For information on federal disaster area losses, see Pub. 547.
Note.
Pub. 529 discusses the types of expenses you can and cannot deduct.
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Political contributions.
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Legal expenses for personal matters that do not produce taxable income.
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Lost or misplaced cash or property.
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Expenses for meals during regular or extra work hours.
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The cost of entertaining friends.
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Commuting expenses. See Pub. 529 for the definition of commuting.
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Travel expenses for employment away from home if that period of employment exceeds 1 year.
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Travel as a form of education.
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Expenses of attending a seminar, convention, or similar meeting unless it is related to your employment.
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Club dues.
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Expenses of adopting a child. But you may be able to take a credit for adoption expenses. See Form 8839 for details.
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Fines and penalties.
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Expenses of producing tax-exempt income.
Enter the total ordinary and necessary job expenses you paid for which you were not reimbursed. (Amounts your employer included in box 1 of your Form W-2 are not considered reimbursements.)
An ordinary expense is one that is common and accepted in your field of trade, business, or profession. A necessary expense is one that is helpful and appropriate for your business. An expense does not have to be required to be considered necessary.
But you must fill in and attach
Form 2106 if either (1) or (2) below applies.
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You claim any travel, transportation, meal, or entertainment expenses for your job.
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Your employer paid you for any of your job expenses that you otherwise would report on line 9.
If you used your own vehicle, are using the standard mileage rate, and (2) above does not apply, you may be able to file Form 2106-EZ instead.
If you do not have to file Form 2106 or 2106-EZ, list the type and amount of each expense on the dotted lines next to line 9. If you need more space, attach a statement showing the type and amount of each expense. Enter one total on line 9.
Do not include on line 9 any educator expenses you deducted on Form 1040NR, line 24.
Examples of other expenses to include on line 9 are:
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Safety equipment, small tools, and supplies needed for your job.
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Uniforms required by your employer that are not suitable for ordinary wear.
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Protective clothing required in your work, such as hard hats, safety shoes, and glasses.
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Physical examinations required by your employer.
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Dues to professional organizations and chambers of commerce.
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Subscriptions to professional journals.
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Fees to employment agencies and other costs to look for a new job in your present occupation, even if you do not get a new job.
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Certain business use of part of your home. For details, including limits that apply, see Pub. 587.
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Certain educational expenses. For details, see Pub. 970.
Enter the fees you paid for preparation of your tax return. If you paid your tax by credit card, do not include the convenience fee you were charged.
Enter the total amount you paid to produce or collect taxable income and manage or protect property held for earning income. But do not include any personal expenses. List the type and amount of each expense on the dotted lines next to line 11. If you need more space, attach a statement showing the type and amount of each expense. Enter one total on line 11.
Examples of expenses to include on line 11 are:
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Certain legal and accounting fees.
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Clerical help and office rent.
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Custodial (for example, trust account) fees.
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Your share of the investment expenses of a regulated investment company.
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Certain losses on nonfederally insured deposits in an insolvent or bankrupt financial institution. For details, including limits that apply, see Pub. 529.
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Casualty and theft losses of property used in performing services as an employee from Form 4684, lines 38 and 44b, or Form 4797, line 18a.
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Deduction for repayment of amounts under a claim of right if $3,000 or less.
List the type and amount of each expense on the dotted lines next to line 16. Enter one total on line 16. Examples of these expenses are:
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Casualty and theft losses of income-producing property from Form 4684, lines 38 and 44b, or Form 4797, line 18a.
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Loss from other activities from Schedule K-1 (Form 1065-B), box 2.
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Deduction for repayment of amounts under a claim of right if over $3,000. See Pub. 525 for details.
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Certain unrecovered investment in a pension.
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Impairment-related work expenses of a disabled person.
Use the worksheet on this page to figure the amount to enter on line 17 if the amount on Form 1040NR, line 36, is over $159,950 ($79,975 if you checked filing status box 3, 4, or 5).
For line 2 of the worksheet on this page, you will need to know the amount, if any, of your charitable contributions you elected to treat as qualified contributions for relief efforts in a Midwestern disaster area.
Itemized Deductions
Worksheet—Line 17
| 1. | Add the amounts on Schedule A, lines 3, 7, 8, 15, and 16 | 1. | |||||
| 2. | Enter the total of the amount on Schedule A, line 8, plus any casualty or theft losses included on line 16. Also include in the total any amount included on Schedule A, line 4, that you elected to treat as qualified contributions for relief efforts in a Midwestern disaster area | 2. | |||||
| Caution: Be sure your casualty or theft losses are clearly identified on the dotted lines next to line 16. | |||||||
| 3. | Is the amount on line 2 less than the amount on line 1? | ||||||
| □ | No. Stop. Your deduction is not limited. Enter the amount from line 1 above on Schedule A, line 17. | ||||||
| □ | Yes. Subtract line 2 from line 1 | 3. | |||||
| 4. | Multiply line 3 by 80% (.80) | 4. | |||||
| 5. | Enter the amount from Form 1040NR, line 36 | 5. | |||||
| 6. | Enter: $159,950 ($79,975 if you checked filing status box 3, 4, or 5) | 6. | |||||
| 7. | Is the amount on line 6 less than the amount on line 5? | ||||||
| □ | No. Stop. Your deduction is not limited. Enter the amount from line 1 above on Schedule A, line 17. | ||||||
| □ | Yes. Subtract line 6 from line 5 | 7. | |||||
| 8. | Multiply line 7 by 3% (.03) | 8. | |||||
| 9. | Enter the smaller of line 4 or line 8 | 9. | |||||
| 10. | Divide line 9 by 1.5 | 10. | |||||
| 11. | Subtract line 10 from line 9 | 11. | |||||
| 12. | Total itemized deductions. Subtract line 11 from line 1. Enter the result here and on Schedule A, line 17 | 12. | |||||
The following items are generally taxed at 30% if they are not effectively connected with your U.S. trade or business. The rate may be lower if your country of residence and the United States have a treaty setting lower rates. Table 1 in Pub. 901 summarizes which countries have such treaties and what the rates are.
The 30% tax applies only to amounts included in gross income. For example, the tax applies only to the part of a periodic annuity or pension payment that is subject to tax; it does not apply to the part that is a return of your cost.
The following list gives only a general idea of the type of income to include on page 4. (For more information, see Pub. 519.) Include the following only to the extent the amount received is not effectively connected with the conduct of a trade or business in the United States.
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Income that is fixed or periodic, such as interest (other than original issue discount), dividends, rents, salaries, wages, premiums, annuities, other compensation, or alimony received. Other items of income, such as royalties, also may be subject to the 30% tax.
Exceptions.
The following items of interest and dividend income that you received as a nonresident alien generally are exempt from the 30% tax.
-
Interest from a U.S. bank, savings and loan association, or similar institution, and from certain deposits with U.S. insurance companies.
-
Portfolio interest on obligations issued after July 18, 1984.
-
Interest-related dividends received from a mutual fund.
-
Short-term capital gain dividends from a mutual fund only if you were present in the United States for less than 183 days during the tax year.
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U.S. source dividends paid by certain foreign corporations.
For more information, see Pub. 519.
-
-
Gains, other than capital gains, from the sale or exchange of patents, copyrights, and other intangible property.
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Original issue discount (OID). If you sold or exchanged the obligation, include in income the OID that accrued while you held the obligation minus the amount previously included in income. If you received a payment on an OID obligation, see Pub. 519.
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Capital gains in excess of capital losses from U.S. sources during 2008. Include these gains only if you were in the United States at least 183 days during 2008. They are not subject to U.S. tax if you were in the United States less than 183 days during the tax year. In determining your net gain, do not use the capital loss carryover.
Losses from sales or exchanges of capital assets in excess of similar gains are not allowed.
If you had a gain or loss on disposing of a U.S. real property interest, see Dispositions of U.S. Real Property Interests on page 6.
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Prizes, awards, and certain gambling winnings. Proceeds from lotteries, raffles, etc., are gambling winnings (see section 871(j) for exceptions). You must report the full amount of your winnings. You cannot offset losses against winnings and report the difference.
Note.
Residents of Canada may claim gambling losses, but only to the extent of gambling winnings. They must report both their total gambling winnings and their total gambling losses on the dotted line on line 84 (or attach a separate schedule if more space is needed). If they have net gambling winnings (after offsetting their total gambling losses against their total gambling winnings), they should include this net amount on line 84, column (d).
Form 1040NR. Enter any federal tax withheld in column (a) of line 82. Attach a copy of each Form SSA-1042S and RRB-1042S to Form 1040NR.
Enter your current nonimmigrant status. For example, enter your current nonimmigrant status shown on your current U.S. Citizenship and Immigration Services (USCIS) Form I-94, Arrival-Departure Record. If your status has changed while in the United States, enter the date of change. If your status has not changed, enter “N/A.”
You are generally required to enter your date of entry into the United States that pertains to your current nonimmigrant status (for example, the date of arrival shown on your most recent USCIS Form I-94).
If you are a resident of a treaty country (that is, you qualify as a resident of that country within the meaning of the tax treaty between the United States and that country), you must know the terms of the tax treaty between the United States and the treaty country to properly complete item M. You may download the complete text of most U.S. tax treaties at www.irs.gov. Technical explanations for many of those treaties are also available at that site. Also, see Pub. 901 for a quick reference guide to the provisions of U.S. tax treaties.
If you are claiming treaty benefits on Form 1040NR, you must provide all of the information requested in item M.
If you are claiming tax treaty benefits and you failed to submit adequate documentation to a withholding agent, you must attach
all information that otherwise would have been required on the withholding document (for example, all information required
on Form W-8BEN or
Form 8233).
You can be charged a $1,000 penalty for each failure to report the required information. For more details, see Form 8833 and Regulations section 301.6114-1.
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You claim a treaty reduces the withholding tax on interest, dividends, rents, royalties, or other fixed or determinable annual or periodic income ordinarily subject to the 30% rate.
-
You claim a treaty reduces or modifies the taxation of income from dependent personal services, pensions, annuities, social security and other public pensions, or income of artists, athletes, students, trainees, or teachers. This includes taxable scholarship and fellowship grants.
-
You claim an International Social Security Agreement or a Diplomatic or Consular Agreement reduces or modifies the taxation of income.
-
You are a partner in a partnership or a beneficiary of an estate or trust and the partnership, estate, or trust reports the required information on its return.
-
The payments or items of income that otherwise are required to be disclosed total no more than $10,000.
If you are a former U.S. citizen or former U.S. long-term resident, see Pub. 519 for details on how to answer the question in item P and the reporting requirements that may apply.
If you received total compensation of $250,000 or more for 2008 and you are using an alternative basis to determine the source, check the box in item R. Total compensation includes all compensation from sources within and without the United States.
If you are required to check the box in item R, you must attach a statement to your return. For details about the statement and the alternative basis, see Services performed partly inside and partly outside the United States beginning on page 8.
Form 1040NR is not considered a valid return unless you sign it. You can have an agent in the United States prepare and sign your return if you could not do so for one of the following reasons:
-
You were ill.
-
You were not in the United States at any time during the 60 days before the return was due.
-
For other reasons that you explained in writing to the Department of the Treasury, Internal Revenue Service Center, Austin, TX 73301-0215 U.S.A., and that the IRS approved.
A return prepared and signed by an agent must be accompanied by a power of attorney that specifically authorizes the representative to sign your return. Form 2848 may be used for this purpose.
Be sure to date your return and show your occupation(s) in the United States in the space provided. If you have someone prepare your return, you are still responsible for the correctness of the return.
If the amount you owe or the amount you overpaid is large, you may be able to file a new Form W-4 with your employer to change the amount of income tax withheld from your 2009 pay. For details on how to complete Form W-4, see the Instructions for Form 8233. If you have pension or annuity income, use Form W-4P. If you receive certain government payments (such as unemployment compensation or social security benefits), you can have tax withheld from those payments by giving the payer Form W-4V.
In general, you do not have to make estimated tax payments if you expect that your 2009 Form 1040NR will show a tax refund or a tax balance due the IRS of less than $1,000. If your total estimated tax (including any household employment taxes or alternative minimum tax) for 2009 is $1,000 or more, see Form 1040-ES(NR). It has a worksheet you can use to see if you have to make estimated tax payments. However, if you expect to be a resident of Puerto Rico during all of 2009 and you must pay estimated tax, use Form 1040-ES.
Identity theft occurs when someone uses your personal information such as your name, social security number (SSN), or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund.
To reduce your risk:
-
Protect your SSN,
-
Ensure your employer is protecting your SSN, and
-
Be careful when choosing a tax preparer.
If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter.
If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, etc., contact the IRS Identity Theft Hotline at 1-800-908-4490.
For more information, see Pub. 4535.
Victims of identity theft who are experiencing economic harm or a systemic problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059.
The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request detailed personal information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts.
If you receive an unsolicited email claiming to be from the IRS, forward the message to phishing@irs.gov. You also may report misuse of the IRS name, logo, forms, or other IRS property to the Treasury Inspector General for Tax Administration toll-free at 1-800-366-4484. You can forward suspicious emails to the Federal Trade Commission at spam@uce.gov or contact them at www.ftc.gov/idtheft or 1-877-IDTHEFT (1-877-438-4338).
Visit the IRS website at www.irs.gov to learn more about identity theft and how to reduce your risk.
If you wish to make such a gift, make a check payable to “Bureau of the Public Debt.” You can send it to: Bureau of the Public Debt, Department G, P.O. Box 2188, Parkersburg, WV 26106-2188. Or you can enclose the check with your income tax return when you file. Do not add your gift to any tax you may owe. See page 23 for details on how to pay any tax you owe.
You may be able to deduct this gift on your 2009 tax return as a charitable contribution.
If you move after filing your return, always notify the IRS of your new address. To do this, use Form 8822.
Keep a copy of your tax return, worksheets you used, and records of all items appearing on it (such as Forms W-2, 1099, and 1042-S) until the statute of limitations runs out for that return. Usually, this is 3 years from the date the return was due or filed or 2 years from the date the tax was paid, whichever is later. You should keep some records longer. For example, keep property records (including those on your home) as long as they are needed to figure the basis of the original or replacement property. For more details, see Pub. 552.
File Form 1040X to change a return you already filed. Also, use
Form 1040X if you filed Form 1040NR and you should have filed a Form 1040, 1040A, or 1040EZ, or vice versa. Generally, Form
1040X must be filed within 3 years after the date the original return was filed or within 2 years after the date the tax was
paid, whichever is later. But you may have more time to file Form 1040X if you are physically or mentally unable to manage
your financial affairs. See Pub. 556 for details.
If you need a copy of your tax return, use Form 4506. There is a $57 fee (subject to change) for each return requested. If your main home, principal place of business, or tax records are located in a federally declared disaster area, this fee will be waived. If you want a free transcript of your tax return or account, use Form 4506-T or call us at 1-800-829-1040.
The integrity of our tax system and well-being of our country depend, to a large degree, on the timely filing and payment of taxes by each individual, family, and business in this country. Those choosing not to file and pay their fair share increase the burden on the rest of us to support our schools, maintain and repair roadways, and the many other ways our tax dollars help to make life easier for all citizens.
Some people don't know they should file a tax return; some don't file because they expect a refund; and some don't file because they owe taxes. Encourage your family, neighbors, friends, and coworkers to do their fair share by filing their federal tax returns and paying any tax due on time.
If you or someone you know needs to file past due tax returns, visit www.irs.gov and click on “Individuals” for help in filing those returns. Send the return to the address that applies to you in the latest Form 1040NR instruction booklet. For example, if you are filing a 2005 return in 2009, use the address in this booklet. However, if you got an IRS notice, mail the return to the address in the notice.
You do not have to figure the amount of any interest or penalties you may owe. Because figuring these amounts can be complicated, we will do it for you if you want. We will send you a bill for any amount due.
If you include interest or penalties (other than the estimated tax penalty) with your payment, identify and enter the amount in the bottom margin of Form 1040NR, page 2. Do not include interest or penalties (other than the estimated tax penalty) in the amount you owe on line 73.
IRS assistance is available to help you prepare your return. But you should know that you are responsible for the accuracy of your return. If we do make an error, you are still responsible for the payment of the correct tax.
In the United States, you may call 1-800-829-1040. For TTY/TDD help, call 1-800-829-4059. If overseas, you may call 215-516-2000 (English-speaking only). This number is not toll free.
If you wish to write instead of call, please address your letter to: Internal Revenue Service, International Section, P.O. Box 920, Bensalem, PA 19020-8518. Make sure you include your identifying number (defined on page 7) when you write.
Assistance in answering tax questions and filling out tax returns is also available in person from IRS offices in London, Paris, and Frankfurt. The offices generally are located in the U.S. embassies or consulates.
The IRS conducts an overseas taxpayer assistance program during the filing season (January to mid-June). To find out if IRS personnel will be in your area, contact the consular office at the nearest U.S. embassy.
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You can download them from the IRS website at www.irs.gov.
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In the United States, you can call 1-800-TAX-FORM (1-800-829-3676).
-
You can send your order to the Internal Revenue Service; 1201 N. Mitsubishi Motorway; Bloomington, IL 61705-6613 U.S.A.
-
You can pick them up in person from our U.S. embassies and consulates abroad (but only during the tax return filing period).
The Taxpayer Advocate Service (TAS) is an independent organization within the IRS whose employees assist taxpayers who are experiencing economic harm, who are seeking help in resolving tax problems that have not been resolved through normal channels, or who believe that an IRS system or procedure is not working as it should.
You can contact the Taxpayer Advocate Service by calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059 to see if you are eligible for assistance. If overseas, call 01-787-622-8940 (English-speaking only) or 01-787-622-8930 (Spanish-speaking only). These numbers are not toll free. You also can call or write your local taxpayer advocate, whose address and phone number are listed in your local telephone directory and in Pub. 1546, Taxpayer Advocate Service—Your Voice at the IRS. You can file Form 911, Request for Taxpayer Advocate Service Assistance (and Application for Taxpayer Assistance Order), with the Taxpayer Advocate Service, or ask an IRS employee to complete it on your behalf. For more information, go to www.irs.gov/advocate.
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