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Line Instructions for Form 1040NR-EZ

Name and Address

Enter your name, street address, city or town, and country on the appropriate lines. Include an apartment number after the street address, if applicable.

P.O. box.   Enter your box number only if your post office does not deliver mail to your home.

Foreign address.   Enter the information in the following order: City, province or state, and country. Follow the country's practice for entering the postal code. In some countries the postal code may come before the city or town name.

Country.

Enter the full name of the country in uppercase letters in English.

Address change.   If you plan to move after filing your return, use Form 8822, Change of Address, to notify the IRS of your new address.

Identifying Number

Social security number (SSN).   In most cases, you are required to enter your SSN. If you do not have an SSN but are eligible to get one, you should apply for it. Get Form SS-5, Application for a Social Security Card, online at www.socialsecurity.gov/online/SS-5.html, from your local Social Security Administration (SSA) office, or by calling the SSA at 1-800-772-1213.

  Fill in Form SS-5 and bring it to your local SSA office in person, along with original documentation showing your age, identity, immigration status, and authority to work in the United States.

  If you are an F-1 or M-1 student, you also must show your Form I-20. If you are a J-1 exchange visitor, you also must show your Form DS-2019.

  It usually takes about 2 weeks to get an SSN once the SSA has all the evidence and information it needs.

IRS individual taxpayer identification number (ITIN).   If you do not have and are not eligible to get an SSN, you must enter your ITIN whenever an SSN is requested on your tax return.

  For details on how to apply for an ITIN, see Form W-7, Application for IRS Individual Taxpayer Identification Number, and its instructions. Get Form W-7 online at www.irs.gov. Click on “Individuals,” then “Individual Taxpayer Identification Numbers (ITIN).

  It usually takes 6 to 10 weeks to get an ITIN.

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.

  An incorrect or missing identifying number may increase your tax or reduce your refund.

Filing Status

Lines 1 and 2.   The amount of your tax depends on your filing status. Before you decide which box to check, read the following explanation.

Were you single or married?   If you were married on December 31, 2009, consider yourself married for the whole year. If you were single, divorced, or legally separated under a decree of divorce or separate maintenance on December 31, consider yourself single for the whole year. If you meet the tests described under Married persons who live apart, later on this page, you can consider yourself single for the whole year.

  If your spouse died in 2009, consider yourself married to that spouse for the whole year, unless you remarried before the end of 2009.

U.S. national.   A U.S. national is an individual who, although not a U.S. citizen, owes his or her allegiance to the United States. U.S. nationals include American Samoans and Northern Mariana Islanders who chose to become U.S. nationals instead of U.S. citizens.

Married persons who live apart.    Some married persons who have a child and who do not live with their spouse can file as single. If you meet all five of the following tests and you are a married resident of Canada, Mexico, or South Korea, or you are a married U.S. national, check the box on line 1.
  1. You file a return separate from your spouse.

  2. You paid more than half the cost to keep up your home in 2009.

  3. You lived apart from your spouse for the last 6 months of 2009. Temporary absences for special circumstances, such as for business, medical care, school, or military service, count as time lived in the home.

  4. Your home was the main home of your child, stepchild, or foster child for more than half of 2009. 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. If the child was born or died in 2009, you still can file as single as long as the home was that child's main home for the part of the year he or she was alive.

  5. You can claim a dependency exemption for the child (on Form 1040NR) 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.

Adopted child.

An adopted child is always treated as your own child. An adopted child includes a child lawfully placed with you for legal adoption.

Foster child.

A foster child is any child placed with you by an authorized placement agency, or by judgment, decree, or other order of any court of competent jurisdiction.

Rounding Off to Whole Dollars

You can round off cents to whole dollars on your return. 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.

Taxable Income

Line 3—Wages, salaries, tips, etc.   Enter the total of your effectively connected wages, salaries, tips, etc. Only U.S. source income is included on line 3 as effectively connected wages. For most people, the amount to enter on this line should be shown in box 1 of their Form(s) W-2.

  
Do not include on line 3 amounts exempted under a tax treaty. Instead, include these amounts on line 6 and complete item J on page 2 of Form 1040NR-EZ.

  
Also include on line 3:
  • Wages received as a household employee for which you did not receive a Form W-2 because your employer paid you less than $1,700 in 2009. Also, enter “HSH” and the amount not reported on a Form W-2 on the dotted line next to line 3.

  • 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 box 8 of your Form(s) W-2. They are not included as income in box 1. See Pub. 531, Reporting Tip Income, for more details.

    You may owe social security and Medicare tax on unreported or allocated tips. See the instructions for line 16 on page 7.

  • Disability pensions shown on
    Form 1042-S or Form 1099-R if you have not reached the minimum retirement age set by your employer.

    Note.

    You must use Form 1040NR to report disability pensions received after you reach your employer's minimum retirement age and other payments shown on Form 1042-S or Form 1099-R.

  • Wages from Form 8919, line 6.

Missing or incorrect Form W-2.

Your employer is required to provide or send Form W-2 to you no later than February 1, 2010. 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 must still report your earnings on line 3. If you lose your Form W-2 or it is incorrect, ask your employer for a new one.

Dependent care benefits.

If you received benefits for 2009 under your employer's dependent care plan, you must use Form 1040NR. The benefits should be shown in box 10 of your Form(s) W-2.

Adoption benefits.

If you received employer-provided adoption benefits for 2009, you must use Form 1040NR. The benefits should be shown in box 12 of your Form(s) W-2, with code T.

Tax-exempt interest.

Certain types of interest income from investments in state and municipal bonds and similar instruments are not taxed by the United States. If you received such tax-exempt interest income, enter “TEI” and the amount of your tax-exempt interest on the dotted line next to line 3. Include any exempt-interest dividends from a mutual fund or other regulated investment company. Do not include interest earned on your individual retirement arrangement (IRA), health savings account, Archer or Medicare Advantage MSA, or Coverdell education savings account. Also, do not include interest from a U.S. bank, savings and loan association, credit union, or similar institution (or from certain deposits with U.S. insurance companies) that is exempt from tax under a tax treaty or under section 871(i) because the interest is not effectively connected with a U.S. trade or business. Do not add any tax-exempt interest to your line 3 total.

Line 4—Taxable refunds, credits, or offsets of state and local income taxes.   If you received a refund, credit, or offset of state or local income taxes in 2009, you may receive a
Form 1099-G. If you chose to apply part or all of the refund to your 2009 estimated state or local income tax, the amount applied is treated as received in 2009.

  
None of your refund is taxable if, in the year you paid the tax, you did not itemize deductions. If you were a student or business apprentice from India in 2008 and you claimed the standard deduction on your 2008 tax return, none of your refund is taxable. See Students and business apprentices from India in chapter 5 of Pub. 519. If none of your refund is taxable, leave line 4 blank.

  For details on how to figure the amount you must report as income, see Recoveries in Pub. 525, Taxable and Nontaxable Income.

Line 5—Scholarship and fellowship grants.   If you received a scholarship or fellowship, part or all of it may be taxable.

  If you were a degree candidate, the amounts you used for expenses other than tuition and course-related expenses (fees, books, supplies, and equipment) are generally taxable. For example, amounts used for room, board, and travel are generally taxable.

  If you were not a degree candidate, the full amount of the scholarship or fellowship is generally taxable. Also, amounts received in the form of a scholarship or fellowship that are payment for teaching, research, or other services are generally taxable as wages even if the services were required to get the grant.

  If the grant was reported on
Form(s) 1042-S, you generally must include the amount shown in box 2 of Form(s) 1042-S, on line 5. However, if any or all of that amount is exempt by treaty, do not include the treaty-exempt amount on line 5. Instead, include the treaty-exempt amount on line 6 and complete item J on page 2 of
Form 1040NR-EZ.

  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, Tax Benefits for Education.

   Example 1. You are a citizen of a country that does not have an income tax treaty in force 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 2009 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 2009 shows $9,000 in box 2 and $1,260 (14% of $9,000) in box 9.

Note.

Box 2 shows only $9,000 because withholding agents (such as ABC University) are not required to report section 117 amounts (tuition, fees, books, supplies, and equipment) on Form 1042-S.

  When completing Form 1040NR-EZ:
  • Enter on line 5 the $9,000 shown in box 2 of Form 1042-S.

  • Enter $0 on line 8. 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 5 of Form 1040NR-EZ), you cannot exclude any of the section 117 amounts on line 8.

  • Include on line 18 the $1,260 shown in box 9 of Form 1042-S.

   Example 2. The facts are the same as in Example 1 except that you are a citizen of a country that has an income tax treaty in force with the United States that includes a provision that exempts scholarship income 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.

Many tax treaties do not permit an exemption from tax on scholarship or fellowship grant income unless the income is from sources outside the United States. If you are a resident of a treaty country, you must know the terms of the tax treaty between the United States and the treaty country to claim treaty benefits on Form 1040NR-EZ. For details, see the instructions for item J beginning on page 10.

  When completing Form 1040NR-EZ:
  • Enter $0 on line 5. The $9,000 reported to you in box 2 of Form 1042-S is reported on line 6 (not line 5).

  • Enter $9,000 on line 6.

  • Enter $0 on line 8. 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 line 8.

  • Include on line 18 any withholding shown in box 9 of Form 1042-S.

  • Provide all the required information in item J on page 2 of Form 1040NR-EZ.

Line 6.   Report on line 6 the total of all your income that is exempt from tax by an income tax treaty, including both effectively connected and noneffectively connected income. Do not include this exempt income on line 7. You must complete item J on page 2 of Form 1040NR-EZ to report income that is exempt from U.S. tax.

Line 8—Scholarship and fellowship grants excluded.   If you received a scholarship or fellowship grant and were a degree candidate, enter amounts used for tuition and course-related expenses (fees, books, supplies, and equipment), but only to the extent the amounts are included on line 5. See the examples in the instructions for line 5 beginning on page 5.

Student Loan Interest Deduction Worksheet—Line 9

See the instructions for line 9 on page 6 before you begin.
1. Enter the total interest you paid in 2009 on qualified student loans (defined on page 6). Do not enter more than $2,500 1.  
2. Enter the amount from Form 1040NR-EZ, line 7 2.      
3. Enter the amount from Form 1040NR-EZ, line 8 3.      
4. Subtract line 3 from line 2 4.      
5. Is line 4 more than $60,000?        
  No. Skip lines 5 and 6, enter -0- on line 7, and go to line 8.        
  Yes. Subtract $60,000 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-EZ, line 9 8.  
Line 9—Student loan interest deduction.   You can take this deduction only if all of the following apply.
  1. You paid interest in 2009 on a qualified student loan (see below).

  2. Your filing status is single.

  3. Your modified AGI is less than $75,000. Use lines 2 through 4 of the worksheet on page 5 to figure your modified AGI.

  Use the worksheet on page 5 to figure your student loan interest deduction.

Qualified student loan.

This is any loan you took out to pay the qualified higher education expenses for any of the following individuals.

  1. Yourself or your spouse.

  2. Any person who was your dependent when the loan was taken out.

  3. Any person you could have claimed as a dependent for the year the loan was taken out except that:

    1. The person filed a joint return.

    2. The person had gross income that was equal to or more than the exemption amount for that year ($3,650 for 2009), or

    3. 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 (defined on page 7). 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 box 1 of Form(s) W-2.

  • 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.

Line 11—Itemized deductions.   Enter the total state and local income taxes you paid or that were withheld from your salary in 2009. Use the worksheet on page 6 to figure the amount to enter on line 11 if the amount on line 10 is more than $166,800 if you checked filing status box 1, or more than $83,400 if you checked filing status box 2. If, during 2009, 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 line 4 on page 5.

  

Itemized Deductions Worksheet—Line 11

1. Enter the amount of state and local income taxes you paid or that were withheld from your salary in 2009 1.  
2. Multiply line 1 by 80% (.80) 2.      
3. Enter the amount from Form 1040NR-EZ, line 10 3.      
4. Enter: $166,800 ($83,400 if you checked filing status box 2) 4.      
5. Is the amount on line 4 less than the amount on line 3?        
 
No.
Stop. Your deduction is not limited. Enter the amount from line 1 above on Form 1040NR-EZ, line 11.        
 
Yes.
Subtract line 4 from line 3 5.      
6. Multiply line 5 by 3% (.03) 6.      
7. Enter the smaller of line 2 or line 6 7.  
8. Divide line 7 by 1.5 8.  
9. Subtract line 8 from line 7 9.  
10. Total itemized deductions. Subtract line 9 from line 1. Enter the result here and on Form 1040NR-EZ, line 11. Then, on the dotted line to the left of the line 12 entry space, enter “IDW 10.  

Note.   Residents of India who were students or business apprentices may be able to take the standard deduction instead of their itemized deductions. See Pub. 519 for details.

Line 13—Exemption deduction.   Generally, you can take an exemption of $3,650 for yourself. Use the worksheet below to figure the amount, if any, to enter on line 13 if your AGI from line 10 is more than $166,800 if you checked filing status box 1, or more than $125,100 if you checked filing status box 2.

Exemption Deduction Worksheet—Line 13

1.   Is the amount on Form 1040NR-EZ, line 10, more than the amount shown on line 4 below for your filing status?  
   
No.
Enter $3,650 on Form 1040NR-EZ, line 13.    
   
Yes.
Go to line 3.            
2.   Exemption amount 2. $3,650  
3.   Enter the amount from Form 1040NR-EZ, line 10   3.        
4.   Enter the amount shown below for the filing status box you checked on page 1 of Form 1040NR-EZ.            
 
  • Box 1—$166,800

  • Box 2—$125,100

  .   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 2)?            
   
Yes.
Enter $2,433 on Form 1040NR-EZ, line 13. Do not complete the rest of this worksheet.            
   
No.
Divide line 5 by $2,500 ($1,250 if you checked filing status box 2). 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 the decimal on line 7 8.    
9.   Divide line 8 by 3.0 9.    
10.   Exemption deduction. Subtract line 9 from line 2. Enter the result here and on
Form 1040NR-EZ, line 13
10.    
 

Note.

Residents of Canada, Mexico, South Korea, and U.S. nationals may be able to claim exemptions for their dependents and, if married, their spouse. Residents of India who were students or business apprentices may also be able to take exemptions for their spouse and dependents. However, you must use Form 1040-NR to claim the additional exemptions.

Line 16—Unreported social security and Medicare tax from Forms 4137 and 8919.   Enter the total of any taxes from Form 4137 and Form 8919. Check the appropriate box(es).

Form 4137.

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-EZ, line 3.

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.

Form 8919.

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 16 the amount from line 13 of Form 8919. Include the amount from line 6 of Form 8919 on Form 1040NR-EZ, line 3.

Payments

Line 18—Federal income tax withheld.   Add the amounts shown as federal income tax withheld on your Form(s) W-2, 1042-S, and 1099-R. Enter the total on line 18. The amount(s) withheld should be shown in box 2 of your Form(s) W-2, box 9 of your Form(s) 1042-S, and box 4 of your Form(s) 1099-R. Attach all Form(s) W-2 and 1042-S to the front of your return. Attach Form(s) 1099-R to the front of your return of your return if federal income tax was withheld.

Line 19—2009 estimated tax payments.   Enter any estimated federal income tax payments you made using Form 1040-ES (NR) for 2009. Include any overpayment that you applied to your 2009 estimated tax from:
  • Your 2008 return, or

  • An amended return (Form 1040X).

Name change.

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-EZ. On the statement, list all of the payments you made in 2009 and show the name(s) and identifying number(s) under which you made them.

Line 20—Credit for amount paid with Form 1040-C.   Enter any amount you paid with Form 1040-C for 2009.

Line 21—Total payments.   Add
lines 18 through 20. Enter the total on line 21.

Amount paid with request for extension of time to file.

If you filed Form 4868 to get an automatic extension of time to file
Form 1040NR-EZ, include in the total on line 21 any amount you paid with that form or by electronic funds withdrawal or credit or debit card. If you paid by credit or debit card, do not include on line 21 the convenience fee you were charged. On the dotted line next to line 21, enter “Form 4868” and show the amount paid.

Refund

Line 22—Amount overpaid.   If line 22 is under $1, we will send a refund only on written request.

  
If the amount you overpaid is large, you may want to decrease the amount of income tax withheld from your pay by filing a new Form W-4. See Income Tax Withholding and Estimated Tax Payments for 2010 on page 12.

Refund offset.

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 22 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 to which you owe the debt.

Lines 23a through 23d—Direct deposit of refund.   
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).
Why Use Direct Deposit?
  • 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.

  If you want us to directly deposit the amount shown on line 23a to your checking or savings account, including an IRA, at a U.S. bank or other financial institution (such as a mutual fund, brokerage firm, or credit union) in the United States:
  • Check the box on line 23a and attach Form 8888 if you want to split the direct deposit of your refund among two or three accounts, or

  • Complete lines 23b through 23d if you want your refund deposited to only one account.


Otherwise, we will send you a check.

Note.

If you do not want your refund directly deposited to your account, do not check the box on line 23a. Draw a line through the boxes on lines 23b and 23d.

  
The IRS is not responsible for a lost refund if you enter the wrong account information. Check with your financial institution to get the correct routing and account numbers and to make sure your direct deposit will be accepted. Do not use the routing number on a deposit slip if it is different from the routing number on your checks.

  If the direct deposit to your account(s) is different from the amount you expected, you will receive an explanation in the mail about 2 weeks after your refund is deposited.

Note.

Your choice of direct deposit is only valid for the current year. You can choose another method to receive your refund next year.

TreasuryDirect®.

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.

U.S. Series I Savings Bonds.

You can use your refund to buy up to $5,000 in U.S. Series I Savings Bonds. The amount you request must be a multiple of $50. You do not need a TreasuryDirect® account to do this. See the Form 8888 instructions for details.

Line 23b.

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 on this page, 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 23b 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.

Line 23c.

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.

Line 23d.

The account number can be up to 17 characters (both numbers and letters). Include hyphens but omit spaces and special symbols. Enter the number from left to right and leave any unused boxes blank. On the sample check on this page, the account number is 20202086. Do not include the check number.

For all direct deposits, the name on the return must match the name on the bank account. You cannot request a deposit of your refund to an account that is not in your name (such as your tax preparer's own account).

Line 23e.

If you want your refund mailed to an address not listed on
page 1 of Form 1040NR-EZ, enter that address here. See Foreign address on page 4 for information on entering a foreign address.

Note.

If the address on page 1 is not in the United States, you can enter an address in the United States on line 23e. However, if the address on page 1 is in the United States, the IRS cannot mail a refund to a different address in the United States.

Line 24—Applied to your 2010 estimated tax.   Enter on line 24 the amount, if any, of the overpayment on line 22 you want applied to your 2010 estimated tax. This election cannot be changed later.

Amount You Owe

Line 25—Amount you owe.   
To save interest and penalties, pay your taxes in full by the due date. You do not have to pay if line 25 is under $1.

  Include any estimated tax penalty from line 26 in the amount you enter on line 25.

  You can pay by check, money order, credit or debit card, or the electronic federal tax payment system (EFTPS). Do not include any estimated tax payment for 2010 in this payment. Instead, make the estimated tax payment separately.

To pay by check or money order.   Make your check or money order payable to the “United States Treasury” for the full amount due. Do not send cash. Do not attach the payment to your return. Write “2009 Form 1040NR-EZ” and your name, address, daytime phone number, and SSN or ITIN on your payment.

  To help us process your payment, enter the amount on the right side of the check like this: $ XXX.XX. Do not use dashes or lines (for example, do not enter “$ XXX–” or “$ XXXxx/100 ”).

To pay by credit or debit card.   To pay by credit or debit card, call toll-free or visit the website of one of the service providers listed on this page and follow the instructions.

  A convenience fee will be charged by the service provider. Fees may vary among the providers. You will be told what the fee is during the transaction and you will have the option to either continue or cancel the transaction. You also can find out what the fee will be by calling the provider's toll-free automated customer service number or visiting the provider's website shown next.

  
  Link2Gov Corporation
1-888-PAY-1040TM (1-888-729-1040)
1-888-658-5465 (Customer Service)
www.PAY1040.com
  RBS WorldPay, Inc.
1-888-9-PAY-TAXTM (1-888-972-9829)
1-877-517-4881 (Customer Service)
www.payUSAtax.com
  Official Payments Corporation
1-888-UPAY-TAXTM (1-888-872-9829)
1-877-754-4413 (Customer Service)
www.officialpayments.com

To pay by EFTPS.   You also can pay using EFTPS, a free tax payment system that allows you to make payments online or by phone. For more information or details on enrolling, visit www.eftps.gov or, if you are in the United States, call Customer Service at 1-800-316-6541. TTY/TDD help is available by calling 1-800-733-4829.

  
You may need to (a) increase the amount of income tax withheld from your pay by filing a new Form W-4 or (b) make estimated tax payments for 2010. See Income Tax Withholding and Estimated Tax Payments for 2010 on page 12.

What if you cannot pay?   If you cannot pay the full amount shown on line 25 when you file, you can ask for:
  • An installment agreement, or

  • An extension of time to pay.

Installment agreement.

Under an installment agreement, you can pay all or part of the tax you owe in monthly installments. Generally, you can have up to 60 months to pay. However, even if your request to pay in installments is granted, you will be charged interest and may be charged a late payment penalty on the tax not paid by the due date. You also must pay a fee. To limit the interest and penalty charges, pay as much of the tax as possible when you file. But before requesting an installment agreement, you should consider other less costly alternatives, such as a bank loan or credit card payment.

To ask for an installment agreement, you can apply online or use Form 9465, Installment Agreement Request. To apply online, go to www.irs.gov, click on “I Need To...,” and select “Set Up a Payment Plan.” If you use Form 9465, you should receive a response to your request to make installment payments within 30 days. But if you file your return after March 31, it may take us longer to reply.

Extension of time to pay.

If paying the tax when it is due would cause you an undue hardship, you can ask for an extension of time to pay by filing Form 1127, Application for Extension of Time for Payment of Tax, on or before the due date (without regard to extensions) for filing your return. An extension generally will not be granted for more than 6 months. You will be charged interest on the tax not paid by the due date (without regard to extensions) for filing your return. You must pay the tax before the extension runs out. If you do not, penalties may be imposed.

Line 26—Estimated tax penalty.   You may owe this penalty if:
  • Line 25 is at least $1,000 and it is more than 10% of the tax shown on your return, or

  • You did not pay enough estimated tax by any of the due dates. This is true even if you are due a refund.

  The “tax shown on your return” is the amount on your 2009 Form 1040NR-EZ, line 15.

Exception.

You will not owe the penalty if your 2008 tax return was for a tax year of 12 full months and any of the following applies.

  1. You had no tax shown on your 2008 return and you were a U.S. citizen or resident for all of 2008.

  2. Line 21 on your 2009 return is at least 100% of the tax shown on your 2008 return. (But see Caution below.) Your estimated tax payments for 2009 must have been made on time and for the required amount.

  3. Line 21 on your 2009 return is at least 90% of the tax shown on your 2008 return, your AGI shown on your 2008 return was less than $500,000 (less than $250,000 if you checked filing status box 2 for 2009), and you certify on Form 2210 (or Form 2210-F for farmers and fishermen) that more than 50% of the gross income on your 2008 return was from a small business. A small business is one that had an average of fewer than 500 employees for 2008. See Form 2210 (or Form 2210-F) and its instructions for details. Your estimated tax payments for 2009 must have been made on time and for the required amount.

If your 2008 AGI was over $150,000 (over $75,000 if you checked filing status box 2 for 2009), item (2) applies only if line 21 on your 2009 tax return is at least 110% of the tax shown on your 2008 return. This rule does not apply to farmers and fishermen or if item (3) applies.

For most people, the “tax shown on your 2008 return” is the amount on your 2008 Form 1040NR-EZ, line 15.

The IRS will waive the penalty to the extent any underpayment is due to adjustments made to the income tax withholding tables that took effect in spring 2009. You must request a waiver by filing Form 2210 or 2210-F with your return.

   Figuring the penalty. If the Exception above does not apply and you choose to figure the penalty yourself, see Form 2210 (or 2210-F for farmers or fishermen) to find out if you owe the penalty. If you do, you can use the form to figure the amount.

  Enter the penalty on line 26. Add the penalty to any tax due and enter the total on line 25. If you are due a refund, subtract the penalty from the overpayment you show on line 22. Do not file Form 2210 with your return unless Form 2210 indicates that you must do so. Instead, keep it for your records.

  
Because Form 2210 is complicated, you can leave line 26 blank and the IRS will figure the penalty and send you a bill. We will not charge you interest on the penalty if you pay by the date specified on the bill. If your income varied during the year, the annualized income installment method may reduce the amount of your penalty. But you must file Form 2210 because the IRS cannot figure your penalty under this method. See the Instructions for Form 2210 for other situations in which you may be able to lower your penalty by filing Form 2210.

Third Party Designee

If you want to allow your preparer, a friend, family member, or any other person you choose to discuss your 2009 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 digits the designee chooses as his or her personal identification number (PIN).

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:

  • Give the IRS any information that is missing from your return,

  • Call the IRS for information about the processing of your return or the status of your refund or payment(s),

  • Receive copies of notices or transcripts related to your return, upon request, and

  • 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, Practice Before the IRS and Power of Attorney.

The authorization will automatically end no later than the due date (without regard to extensions) for filing your 2010 tax return (see When To File on page 2). If you wish to revoke the authorization before it ends, see Pub. 947.

Signature

Form 1040 NR-EZ is not considered a valid return unless you sign it. Be sure to date your return and enter your occupation(s) in the United States. If you have someone prepare your return, you are still responsible for the correctness of the return. If your return is signed by a representative for you, you must have a power of attorney attached that specifically authorizes the representative to sign your return. To do this, you can use Form 2848.

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.

Child's return.   If your child cannot sign the return, either parent can sign the child's name in the space provided. Then, enter “By (your signature), parent for minor child.

Paid preparer must sign your return.   Generally, anyone you pay to prepare your return must sign it in the space provided. The preparer must give you a copy of the return for your records. Someone who prepares your return but does not charge you should not sign your return.

Other Information(Page 2)

Answer all questions.

Item A

List all countries of which you were a citizen or national during the tax year.

Item B

List the country in which you claimed residence for tax purposes during the tax year.

Item C

If you have completed immigration Form I-485 and submitted the form to the U.S. Citizenship and Immigration Services, you have applied to become a green card holder (lawful permanent resident) of the United States.

Item D

If you checked “Yes” for D1 or D2, you may be a U.S. tax expatriate and special rules may apply to you. See Expatriation Tax in Pub. 519, chapter 4, for more information.

Item E

Enter your visa type on the last day of the tax year. Examples are the following:

  • J-1 Exchange visitor.

  • H-1B Temporary worker with specialty occupation.

  • F-1 Students-academic institutions.

Item F

If you have ever changed your visa type, check the “Yes” box. For example, you entered the United States in 2008 on an F-1 visa as an academic student. During 2009 you changed to a J-1 or H-1B visa as a teacher or researcher. You will check the “Yes” box.

Item G

Enter the dates you entered and left the United States during 2009 on short business trips, or to visit family, go on vacation, or return home briefly. If you are a resident of Canada or Mexico and commute to work in the United States on more than 75% of the workdays during your working period, you are a regular commuter and do not need to enter the dates you entered and left the United States during the year. “Commute” means to travel to work and return to your residence within a 24-hour period. Check the appropriate box for Canada or Mexico and skip to item H. See Days of Presence in the United States in Pub. 519, chapter 1.

If you are in the United States on January 1, enter 01/01 as the first date you entered the United States. If you are in the United States on December 31, do not enter a final date departed.

Item H

Review your entry and passport stamps or other records to count the number of days you were actually present in the United States during the years listed. A day of presence is any day that you are physically present in the United States at any time during the 24-hour period beginning at 12:01 a.m. For the list of exceptions to the days you must count as actually being present in the United States, see Days of Presence in the United States in Pub. 519, chapter 1. If you were not in the United States on any day of the tax year, enter -0-.

Item I

If you have filed a U.S. income tax return for a prior year, enter the latest year for which you filed a return and the form number you filed.

Item J

Line 1.   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 that country to properly complete item J. You can 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-EZ, you must provide all the information requested in item J.

Column (a), Country.

Enter the treaty country which qualifies you for treaty benefits.

Column (b), Tax treaty article.

Enter the number of the treaty article which exempts the income from U.S. tax.

Column (c), Number of months claimed in prior tax years.

Enter the number of months in prior tax years for which you claimed an exemption from U.S. tax based on the specified treaty article.

Column (d), Amount of exempt income in current tax year.

Enter the amount of income in the current tax year that is exempt from U.S. tax based on the specified treaty article.

Line (e), Total.

Add the amounts in column (d). Enter the total on line 1e and on page 1, line 6. Do not include this amount in the amounts entered on Form 1040NR-EZ, page 1, line 3 or 5.

If required, attach Form 8833.

Line 2.   Check “Yes” if you are subject to tax in a foreign country on any of the income reported on line 1, column (d).

Example.

Sara is a citizen of Italy and was a resident there until September 2008, when she moved to the United States to accept a position as a high school teacher at an accredited public high school. Sara came to the United States on a J-1 visa (Exchange visitor) and signed a contract to teach for 2 years at this U.S. school. She began teaching in September 2008 and plans to continue teaching through May 2010. Sara's salary per school year is $40,000. She plans to return to Italy in June 2010 and resume her Italian residence. For calendar year 2009, Sara earned $40,000 from her teaching position. She completes the table in item J on her 2009 tax return as shown in the example on this page.

Example. Item J—Tax Exempt Treaty

(a) Country (b) Tax treaty article (c) Number of months claimed in prior tax years (d) Amount of exempt income in current tax year
Italy 20 4 $40,000
       
       
       
(e) Total. Enter this amount on Form 1040NR-EZ, line 6. Do not enter it on line 3 or line 5 $40,000

If you are claiming tax treaty benefits and you failed to submit adequate documentation to a withholding agent, you must attach to your tax return all information that otherwise would have been required on the withholding document (for example, all information required on Form W-8BEN or Form 8233).

Treaty-based return position disclosure.   If you take the position that a treaty of the United States overrides or modifies any provision of the Internal Revenue Code and that position reduces (or potentially reduces) your tax, you must report certain information on Form 8833 and attach it to Form 1040NR-EZ.

If you fail to report the required information, you will be charged a penalty of $1,000 for each failure unless you show that such failure is due to reasonable cause and not willful neglect. For more details, see Form 8833 and its instructions.

Exceptions.   You do not have to file Form 8833 for any of the following.
  1. You claim a treaty reduces the withholding tax on interest, dividends, rents, royalties, or other fixed or determinable annual or periodical income ordinarily subject to the 30% rate.

  2. 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.

  3. You claim an International Social Security Agreement or a Diplomatic or Consular Agreement reduces or modifies the taxation of income.

  4. 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.

  5. The payments or items of income that otherwise are required to be disclosed total no more than $10,000.

Reminders

Return Checklist

This checklist can help you file a correct return. Mistakes can delay your refund or result in notices being sent to you.

Did you:

Enter the correct SSN or ITIN in the space provided on Form 1040NR-EZ? Check that your name and SSN or ITIN agree with your social security card or the IRS notice assigning your ITIN? If not, certain deductions and credits may be reduced or disallowed, your refund may be delayed, and you may not receive credit for your social security earnings.
Use the amount from line 14 (Taxable income), and the proper filing status, to find your tax in the Tax Table? Be sure you entered the correct tax on line 15.
Check your math, especially when figuring your taxable income, federal income tax withheld, total payments, and refund or amount you owe?
Enter the correct amounts for line 11 (Itemized deductions) and line 13 (Exemption)?
Sign and date Form 1040NR-EZ and enter your occupation(s) in the United States?
Enter your name and address in the correct order in the spaces provided on Form 1040NR-EZ?
Include your apartment number in your address if you live in an apartment?
Attach Form(s) W-2, 1042-S, and 1099-R to the front of the return? Attach Form(s) 1099-R only if federal income tax was withheld.
Include all the required information on your payment if you owe tax and are paying by check or money order? See the instructions for line 25 on page 9 for details.
File only one original return for the same year, even if you have not gotten your refund or have not heard from the IRS since you filed? Filing more than one original return for the same year or sending in more than one copy of the same return (unless we ask you to do so) could delay your refund.

Refund Information

You can go online to check the status of your refund 3 to 4 weeks after you file your return.

Go to www.irs.gov/individuals and click on Where's My Refund. Have a copy of your tax return handy. You will need to provide the following information from your return:


  • Your SSN or ITIN,

  • Your filing status, and

  • The exact whole dollar amount of your expected refund.

Refunds are sent out weekly on Fridays. If you check the status of your refund and are not given the date it will be issued, please wait until the next week before checking back.

If you do not have Internet access, call:

  • 1-800-829-1954 during the hours shown on page 14 under Calling the IRS, or

  • 1-800-829-4477 24 hours a day, 7 days a week, for automated refund information.

Do not send in a copy of your return unless asked to do so.

To get a refund, you generally must file your return within 3 years from the date the return was due (including extensions).

Refund information also is available in Spanish at www.irs.gov/espanol and the phone numbers listed above.

Address Change

If you move after filing your return, always notify the IRS in writing of your new address. To do this, use Form 8822.

Income Tax Withholding andEstimated Tax Payments for 2010

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 2010 pay. For details on how to complete Form W-4, see the Instructions for Form 8233 and Notice 1392, Supplemental Form W-4 Instructions for Nonresident Aliens.

If you do not pay your tax through withholding, or do not pay enough tax that way, you might have to pay estimated tax. In general, you do not have to make estimated tax payments if you expect that your 2010 Form 1040NR-EZ will show a tax refund or a tax balance due the IRS of less than $1,000. If your total estimated tax for 2010 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 2010 and you must pay estimated tax, use Form 1040-ES. For more information, see Pub. 505, Tax Withholding and Estimated Tax, and Pub. 519.

Need a Copy of Your Tax Return?

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.

Amended Return

File Form 1040X to change a return you already filed. Also, use Form 1040X if you filed Form 1040NR-EZ and you should have filed 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. You may have more time to file Form 1040X if you live in a federally declared disaster area or you are physically or mentally unable to manage your financial affairs. See
Pub. 556, Examination of Returns, Appeal Rights, and Claims for Refund, for details.

Past Due Returns

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-EZ instruction booklet. For example, if you are filing a 2006 return in 2010, use the address in this booklet. However, if you got an IRS notice, mail the return to the address in the notice.

Interest and Penalties

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-EZ, page 1. Do not include interest or penalties (other than the estimated tax penalty) in the amount you owe on line 25.

Interest.   We will charge you interest on taxes not paid by their due date, even if an extension of time to file is granted. We also will charge you interest on penalties imposed for failure to file, negligence, fraud, substantial valuation misstatements, substantial understatements of tax, and reportable transaction understatements. Interest is charged on the penalty from the due date of the return (including extensions).

Penalty for late filing.   If you do not file your return by the due date (including extensions), the penalty is usually 5% of the amount due for each month or part of a month your return is late, unless you have a reasonable explanation. If you do, attach it to your return. The penalty can be as much as 25% of the tax due. The penalty is 15% per month, up to a maximum of 75%, if the failure to file is fraudulent. If your return is more than 60 days late, the minimum penalty will be $135 or the amount of any tax you owe, whichever is smaller.

Penalty for late payment of tax.   If you pay your taxes late, the penalty is usually ½ of 1% of the unpaid amount for each month or part of a month the tax is not paid. The penalty can be as much as 25% of the unpaid amount. It applies to any unpaid tax on the return. This penalty is in addition to interest charges on late payments.

Penalty for frivolous return.   In addition to any other penalties, the law imposes a penalty of $5,000 for filing a frivolous return. A frivolous return is one that does not contain information needed to figure the correct tax or shows a substantially incorrect tax because you take a frivolous position or desire to delay or interfere with the tax laws. This includes altering or striking out the preprinted language above the space where you sign. For a list of positions identified as frivolous, see Notice 2008-14, 2008-4 I.R.B. 310, available at www.irs.gov/irb/2008-04_IRB/ar12.html.

Other penalties.   Other penalties can be imposed for negligence, substantial understatement of tax, reportable transaction understatements, filing an erroneous refund claim, and fraud. Criminal penalties may be imposed for willful failure to file, tax evasion, or making a false statement. See Pub. 519 for details on some of these penalties.

How Long Should Records Be Kept?

Keep a copy of your tax return, worksheets you used, and records of all items appearing on it (such as Forms W-2, 1042-S, and 1099) 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.

Secure Your Tax Records from Identity Theft

Identity theft occurs when someone uses your personal information such as your name, social security number (SSN), individual taxpayer identification number (ITIN), 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 or ITIN,

  • Ensure your employer is protecting your SSN or ITIN, 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 or submit Form 14039.

For more information, see Pub. 4535, Identity Theft Prevention and Victim Assistance.

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 National Taxpayer Advocate helpline at 1-877-777-4778 or TTY/TDD 1-800-829-4059.

Protect yourself from suspicious emails or phishing schemes.   Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common form is the act of sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft.

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 can 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.

What Are Your Rights As A Taxpayer?

You have the right to be treated fairly, professionally, promptly, and courteously by IRS employees. Our goal at the IRS is to protect your rights so that you will have the highest confidence in the integrity, efficiency, and fairness of our tax system. To ensure that you always receive such treatment, you should know about the many rights you have at each step of the tax process. For details, see Pub. 1, Your Rights As A Taxpayer.

Other Ways To Get Help

Send Your Written Tax Questions to the IRS

You should get an answer in about 30 days. For the mailing address, call us at 1-800-829-1040 (hearing impaired customers with access to TTY/TDD equipment may call 1-800-829-4059). Do not send questions with your return.

Research Your Tax Questions Online

You can find answers to many of your tax questions online in several ways by accessing the IRS website at www.irs.gov/businesses/small/international and then clicking on “Help With Tax Questions - International Taxpayers.” Here are some of the methods you may want to try.

  • Frequently asked questions. This section contains an extensive list of questions and answers. You can select your question by category or keyword.

  • Tax trails. This is an interactive section which asks questions you can answer by selecting “Yes” or “No.

  • Tax topics.

Free Help With Your Return

Free help in preparing your return is available nationwide from IRS-sponsored volunteers. These volunteers are trained and certified to prepare federal income tax returns by passing an IRS test. The Volunteer Income Tax Assistance (VITA) program is designed to help low-income taxpayers. The Tax Counseling for the Elderly (TCE) program is designed to assist taxpayers age 60 or older with their tax return preparation. VITA/TCE tax preparation sites must adhere to strict quality standards necessary to prepare accurate returns. Volunteers will help you with claiming the credits and deductions you may be entitled to. For more information on these programs, go to www.irs.gov and enter keyword “VITA” in the upper right corner. Or, call us at 1-800-829-1040. To find the nearest AARP Tax-Aide site, visit AARP's website at www.aarp.org/money/taxaide or call 1-888-227-7669.

When you go for help, take proof of identity and social security numbers (or individual taxpayer identification numbers) for your spouse, your dependents, and yourself. Take a copy of your 2008 tax return (if available), all your Forms W-2, 1042-S, and 1099 for 2009, and any other information about your 2009 income and expenses.

Everyday Tax Solutions

In the United States you can get face-to-face help solving tax problems every business day in IRS Taxpayer Assistance Centers. An employee can explain IRS letters, request adjustments to your account, or help you set up a payment plan. Call your local Taxpayer Assistance Center for an appointment. To find the number, go to www.irs.gov/localcontacts, or look in the phone book under “United States Government, Internal Revenue Service.” You can call 1-800-829-1040. For TTY/TDD help, call 1-800-829-4059.

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 4) when you write.

If you are outside the United States, you can call 215-516-2000 (English-speaking only). This number is not toll-free. Assistance in answering tax questions and filling out tax returns is also available in person from IRS offices in Beijing, Frankfurt, London, and Paris. 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.

Taxpayer Assistance

How can you get IRS tax forms and publications?   
  • You can download them from the IRS website. Click on “Forms and Publications” at www.irs.gov.

  • 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).

Help for People With Disabilities

Telephone help is available using TTY/TDD equipment by calling 1-800-829-4059. Braille materials are available at libraries that have special services for people with disabilities.

Tax Services in Other Languages

To better serve taxpayers whose native language is not English, we have products and services in various languages.

For Spanish speaking taxpayers, we have:

  • Spanish Publication 17, El Impuesto Federal sobre los Ingresos, and

  • The Español website, www.irs.gov/espanol.

We also offer a Basic Tax Responsibilities CD/DVD in the following languages.

  • Spanish

  • Chinese

  • Vietnamese

  • Korean

  • Russian

If you are in the United States and want to get a copy of this CD/DVD, call the National Distribution Center at 1-800-829-3676 and ask for Pub. 4580 in your language.

The IRS Taxpayer Assistance Centers provide over-the-phone interpreter assistance in more than 170 different languages. To find the number see Everyday Tax Solutions on page 13.

Death of a Taxpayer

If a taxpayer died before filing a return for 2009, the taxpayer's personal representative may have to file and sign a return for that taxpayer. A personal representative can be an executor, administrator, or anyone who is in charge of the deceased taxpayer's property. If the deceased taxpayer did not have to file a return but had tax withheld, a return must be filed to get a refund. The person who files the return must enter “Deceased,” the deceased taxpayer's name, and the date of death across the top of the return. If this information is not provided, it may delay the processing of the return.

The personal representative should promptly notify all payers of income, including financial institutions, of the taxpayer's death. This will ensure the proper reporting of income earned by the taxpayer's estate or heirs. A deceased taxpayer's SSN or ITIN should not be used for tax years after the year of death, except for estate tax return purposes.

Claiming a refund for a deceased taxpayer.   If you are a court-appointed representative, file Form 1040NR-EZ for the decedent and attach a copy of the certificate that shows your appointment. All other filers requesting the deceased taxpayer's refund, including the deceased taxpayer's spouse, must file the return and attach Form 1310.

  For more details, see Pub. 559.

How Do You Make a Gift to Reduce Debt Held By the Public?

If you wish to do so, 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 Amount You Owe on page 9 for details on how to pay any tax you owe.

You may be able to deduct this gift on your 2010 tax return as a charitable contribution. But you must file Form 1040NR to do so.

Calling the IRS

If you cannot find the answer to your question in these instructions or online, please call us for assistance. See Making the Call below. If you are in the United States, you will not be charged for the call unless your phone company charges you for toll-free calls. Our normal hours of operation are Monday through Friday from 7:00 a.m. to 10:00 p.m. local time. Assistance provided to callers from Alaska and Hawaii will be based on the hours of operation in the Pacific time zone.

If you want to check the status of your 2009 refund, see Refund Information on page 11.

Before You Call

IRS representatives care about the quality of the service provided to you, our customer. You can help us provide accurate, complete answers to your questions by having the following information available.

  • The tax form, schedule, or notice to which your question relates.

  • The facts about your particular situation. The answer to the same question often varies from one taxpayer to another because of differences in their age, income, whether they can be claimed as a dependent, etc.

  • The name of any IRS publication or other source of information that you used to look for the answer.

To maintain your account security, you may be asked for the following information, which you should also have available.

  • Your social security number or individual taxpayer identification number.

  • The amount of refund and filing status shown on your tax return.

  • The “Caller ID Number” shown at the top of any notice you received.

  • Your personal identification number (PIN) if you have one.

  • Your date of birth.

  • The numbers in your street address.

  • Your ZIP code.

If you are asking for an installment agreement to pay your tax, you will be asked for the highest amount you can pay each month and the date on which you can pay it.

Evaluation of services provided.   The IRS uses several methods to evaluate our telephone service. One method is to record telephone calls for quality purposes only. A random sample of recorded calls is selected for review through the quality assurance process. Other methods include listening to live calls in progress and random selection of customers for participation in a customer satisfaction survey.

Making the Call

If you are in the United States, call 1-800-829-1040 (hearing impaired customers with TTY/TDD equipment can call 1-800-829-4059). Our menu allows you to speak your responses or use your keypad to select a menu option. After receiving your menu selection, the system will direct your call to the appropriate assistance.

If you are outside the United States, call 215-516-2000 (English-speaking only). This number is not toll-free.

Before You Hang Up

If you do not fully understand the answer you receive, or you feel our representative may not fully understand your question, our representative needs to know this. He or she will be happy to take additional time to be sure your question is answered fully.

By law, you are responsible for paying your share of federal income tax. If we should make an error in answering your question, you are still responsible for the payment of the correct tax. Should this occur, however, you will not be charged any penalty.

Quick and Easy Access to Tax Help and Tax Products

Internet.

Phone.

Walk-in.

Mail.

DVD.

You can access the IRS website 24 hours a day,
7 days a week, at www.irs.gov.

Online services and help.   Go to www.irs.gov to obtain information on:
  • Online Services—Conduct business with the IRS electronically.

  • Taxpayer Advocate Service—Helps taxpayers resolve problems with the IRS.

  • Where's My Refund—Your refund status anytime from anywhere.

  • Free Tax Return Preparation—Free tax assistance and preparation.

  • Recent Tax Changes—Highlights on newly enacted tax law.

  • Innocent Spouses—Tax information for innocent spouses.

  • Disaster Tax Relief—Tax relief provisions for disaster situations.

  • Identity Theft and Your Tax Records—Safeguard your identity and tax records.

  • Online Payment Agreement (OPA) Application—Online agreements.

  • Applying for Offers in Compromise—Information on offers in compromise.

View and download products.   Click on “Forms and Publications” or go to www.irs.gov/formspubs to:
  • View or download current and previous year tax products.

  • Order current year tax products online.

  The Forms and Publications page provides links to access and acquire both electronic and print media. Additionally, the “Search” function provides basic and advanced search capabilities for published products available on www.irs.gov.

Online ordering of products.   To order tax products delivered by mail, go to www.irs.gov/formspubs.
  • For current year products, click on “Forms and publications by U.S. mail.

  • For a tax booklet of forms and instructions, click on “Tax packages.

  • For tax products on a DVD, click on “Tax products on DVD (Pub. 1796).” See DVD below.

To get information, forms, and publications in Spanish, click “Espanol” in the upper right corner of www.irs.gov.

Tax forms and publications.   Call 1-800-TAX-FORM (1-800-829-3676) to order current and prior year forms, instructions, and publications. You should receive your order within 10 working days.

Tax help and questions.    Call 1-800-829-1040.

Hearing impaired TTY/TDD.

Call 1-800-829-4059.

Refund hotline.

Call 1-800-829-1954.

National taxpayer advocate helpline.    Call 1-877-777-4778.

You can pick up some of the most requested forms, instructions, and publications at many IRS offices, post offices, and libraries, and from our U.S. embassies and consulates abroad (but only during the tax return filing period).

You can order forms, instructions, and publications by sending an order to the Internal Revenue Service, 1201 N. Mitsubishi Motorway, Bloomington, IL 61705-6613 U.S.A.

Buy IRS Publication 1796 (IRS Tax Products DVD) for $30. Price is subject to change. There may be a handling fee. The DVD includes current-year and prior-year forms, instructions, and publications; Internal Revenue Bulletins; and toll-free and email technical support. The DVD is released twice during the year. The first release will ship early January 2010 and the final release will ship early March 2010.

Internet.   Buy the DVD from:

  

Telephone.   Buy the DVD from:

  
  • NTIS at 1-877-233-6767

  • GPO at 1-866-512-1800

Other ways to get help. See page 13 for information.


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