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left arrowPrevious Page: Publication 17 - Your Federal Income Tax - Other Credits
right arrowNext Page: Publication 17 - Your Federal Income Tax - How To Get Tax Help
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Taxmap/pub17/p17-194.htm#TXMP2b32b4d8
Refundable Credits


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The following credits are refundable and are treated as payments of tax.


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Credit for Excess Social Security Tax or Railroad Retirement Tax Withheld


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Credit for Excess Social Security Tax or Railroad Retirement Tax Withheld

Most employers must withhold social security tax from your wages. If you work for a railroad employer, that employer must withhold tier 1 railroad retirement (RRTA) tax and tier 2 RRTA tax.

If you worked for two or more employers in 2004, you may have had too much social security or RRTA tax withheld from your pay. You can claim the excess social security or RRTA tier 1 tax as a credit against your income tax. The following table shows the maximum amount of wages subject to tax and the maximum amount of tax that should have been withheld in 2004.
Type of tax Maximum wages subject to tax Maximum tax that should have been withheld
Social security or RRTA tier 1 $87,900 $5,449.80
RRTA tier 2 $65,100 $3,189.90

All wages are subject to Medicare tax withholding.  

Use Form 843, Claim for Refund and Request for Abatement, to claim a refund of excess RRTA tier 2 tax. See Publication 505, Tax Withholding and Estimated Tax, for details.


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One employer.


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One employer.

If any one employer withheld social security or RRTA tax that exceeded the amounts in the preceding table, you cannot claim the extra amount withheld by that employer as a credit against your income tax. Your employer must adjust this for you.


Taxmap/pub17/p17-194.htm#TXMP4c13cbae
Joint return.


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left link arrow Joint Return right link arrow

If you are filing a joint return, you cannot add the social security or RRTA tax withheld from your spouse's wages to the amount withheld from your wages. Figure the credit separately for you and your spouse to determine if either of you has excess withholding.


Taxmap/pub17/p17-194.htm#TXMP6cad5136
How to figure the credit if you did not work for a railroad.


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How to figure the credit if you did not work for a railroad.

If you did not work for a railroad during 2004, figure the credit as follows:
1. Add all social security tax withheld (but not more than $5,449.80 for each employer). Enter the total here       
2. Enter any uncollected social security tax on tips or group-term life insurance included in the total on Form 1040, line 62       
3. Add lines 1 and 2. If $5,449.80 or less, stop here. You cannot claim the credit       
4. Social security tax limit 5,449.80
5. Credit. Subtract line 4 from line 3. Enter the result here and on Form 1040, line 66 (or Form 1040A, line 43)       


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Example.

You are married and file a joint return with your spouse who had no gross income in 2004. During 2004, you worked for the Brown Shoe Company and earned $52,000 in wages. Social security tax of $3,224 was withheld. You also worked for another employer in 2004 and earned $40,200 in wages. $2,492.40 of social security tax was withheld from these wages. Because you worked for more than one employer and your total wages were more than $87,900, you can claim a credit of $266.60 for the excess social security tax withheld.
1. Add all social security tax withheld (but not more than $5,449.80 for each employer). Enter the total here $5,716.40
2. Enter any uncollected social security tax on tips or group-term life insurance included in the total on Form 1040, line 62   -0- 
3. Add lines 1 and 2. If $5,449.80 or less, stop here. You cannot claim the credit  5,716.40
4. Social security tax limit  5,449.80
5. Credit. Subtract line 4 from line 3. Enter the result here and on Form 1040, line 66 (or Form 1040A, line 43)  $266.60


Taxmap/pub17/p17-194.htm#TXMP32b07c17
How to figure the credit if you worked for a railroad.


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How to figure the credit if you worked for a railroad.

If you were a railroad employee during 2004, figure the credit as follows:
1. Add all social security and tier 1 RRTA tax withheld (but not more than $5,449.80 for each employer). Enter the total here       
2. Enter any uncollected social security and tier 1 RRTA tax on tips or group-term life insurance included in the total on Form 1040, line 62       
3. Add lines 1 and 2. If $5,449.80 or less, stop here. You cannot claim the credit       
4. Social security and tier 1 RRTA tax limit 5,449.80
5. Credit. Subtract line 4 from line 3. Enter the result here and on Form 1040, line 66 (or Form 1040A, line 43)       


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How to claim the credit.


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Enter the credit on Form 1040, line 66. You cannot claim the credit on Form 1040A or Form 1040EZ.


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Credit for Tax on Undistributed Capital Gain


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Undistributed Capital Gain Tax Credit

You must include in your income any amounts that regulated investment companies (commonly called mutual funds) or real estate investment trusts (REITs) allocated to you as capital gain distributions, even if you did not actually receive them. If the mutual fund or REIT paid a tax on the capital gain, you are allowed a credit for the tax since it is considered paid by you. The mutual fund or REIT will send you Form 2439, Notice to Shareholder of Undistributed Long-Term Capital Gains, showing the undistributed capital gains and the tax paid, if any. Claim the credit for the tax paid by entering the amount on line 69, Form 1040, and checking box a. Attach Copy B of Form 2439 to your return. See Capital Gain Distributions in chapter 9 for more information on undistributed capital gains.


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Health Coverage Tax Credit


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left link arrow HCTC right link arrow

There is a health coverage tax credit available to certain individuals who receive a pension benefit from the Pension Benefit Guaranty Corporation (PBGC) or are eligible to receive certain Trade Adjustment Assistance (TAA) or who are eligible for the Alternate Trade Adjustment Assistance (ATAA) program. You qualify for this credit if you:

  1. Are an eligible individual,
  2. Pay for qualified health insurance covering an eligible coverage month for yourself or for yourself and qualifying family members,
  3. Do not have other specified coverage, and
  4. Are not in prison.
You qualify for this credit on a month-by-month basis. If you qualify, you can claim a credit equal to 65% of the premiums you pay for qualified health insurance.

You can either take this credit on your tax return or have it paid on your behalf in advance to your insurance company. Your payments and any payments paid on your behalf in advance are treated as having been made on the first day of the month for which they are made. If the credit is paid on your behalf in advance, that amount will reduce the amount of the credit you can claim on your tax return. If you received National Emergency Grant (NEG) payments during 2004 for qualified health insurance, that amount will also reduce the amount of the credit you can claim.

You are not entitled to the credit for a month, if on the first day of that month, you are either:

  • Covered by Medicare, or
  • Covered by a group health plan available through your or your spouse's employer if the employer contributes 50% or more of the premium.

For a definition of an eligible individual, see the following discussion. For definitions of the terms in (2) and (3) earlier, including qualified health insurance and other specified coverage, see Publication 502.


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Eligible Individual


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You are an eligible individual for any month during which one of the following is true.

  1. You receive a TAA for individuals under the Trade Act of 1974 for at least one day in the month.
  2. You would receive a TAA but do not because you have not yet exhausted your unemployment benefits, and are covered under a TAA certification.
  3. You are a worker receiving a supplemental wage allowance under section 246 of the Trade Act of 1974 for such month.
  4. You are at least 55 years old as of the first day of the month and are receiving pension benefits from the PBGC.

Once you qualify under (1) or (2) above, you remain eligible for the first month that you otherwise cease to be eligible.


Taxmap/pub17/p17-194.htm#TXMP6f5172d9
Example.

You receive a TAA for individuals during May, but do not receive another for the rest of the year. You are eligible for the health coverage tax credit for both May and June.

You are not an eligible individual if an exemption can be claimed for you on another person's tax return.


Taxmap/pub17/p17-194.htm#TXMP761b7002
ATAA workers.


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If you are eligible for the Alternative Trade Adjustment Assistance (ATAA) program, you are eligible for this credit for a period not to exceed two years if you:

  1. Are covered by a qualifying certification,
  2. Are reemployed not more than 26 weeks after the date of separation from the adversely-affected employment,
  3. Are at least 50 years of age,
  4. Do not earn more than $50,000 a year in wages from reemployment,
  5. Are employed on a full-time basis, and
  6. Do not return to the employment from which you were separated.


Taxmap/pub17/p17-194.htm#TXMP043f6868
How To Claim the Credit


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To claim the credit, complete Form 8885 and attach it to your Form 1040. Include your credit in the total for Form 1040, line 69, and check box c. You cannot claim the credit on Form 1040A or Form 1040EZ.

You must attach invoices and proof of payment for any amounts you include on line 2 of Form 8885 for which you did not receive an advance payment. For details, see Publication 502 or Form 8885.

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Tax Table-1 Text Description Tax Table-1  
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Tax Table-2 Text Description Tax Table-2  
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Tax Table-3 Text Description Tax Table-3  
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Tax Table-4 Text Description Tax Table-4  
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Tax Table-5 Text Description Tax Table-5  
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Tax Table-6 Text Description Tax Table-6  
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Tax Table-7 Text Description Tax Table-7  
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Tax Table-8 Text Description Tax Table-8  
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Tax Table-9 Text Description Tax Table-9  
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Tax Table-10 Text Description Tax Table-10  
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Tax Table-11 Text Description Tax Table-11  
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Tax Table-12 Text Description Tax Table-12  
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Tax Rate Schedule Text Description Tax Rate Schedule  
Taxmap/pub17/p17-194.htm#f10311g99
2004 Tax Computation Worksheet - Line 43
Caution See the instructions for line 43 in the instructions for Form 1040 to see if you can use the worksheet below to figure your tax.
   
Section A - Use if your filing status is Single. Complete the row below that applies to you.
(a) If the amount on Form 1040, line 42 is: (b) Enter the amount from Form 1040, line 42 (c) Multiplication amount (d) Multiply column (b) by column (c) (e) Subtraction amount Your tax. Subtract column (e) from column (d). Enter the result here and on Form 1040, line 43
At least $100,000 but not over $146,750 $ × 28% (.28) $ $  5,373.00 $
Over $146,750 but not over $319,100 $ × 33% (.33) $ $ 12,710.50 $
Over $319,100 $ × 35% (.35) $ $ 19,092.50 $
Section B - Use if your filing status is Married filing jointly or qualifying widow(er).Complete the row below that applies to you.
(a) If the amount on Form 1040, line 42 is: (b) Enter the amount from Form 1040, line 42 (c) Multiplication amount (d) Multiply column (b) by column (c) (e) Subtraction amount Your tax. Subtract column (e) from column (d). Enter the result here and on Form 1040, line 43
At least $100,000 but not over $117,250 $ × 25% (.25) $ $  6,525.00 $
Over $117,250 but not over $178,650 $ × 28% (.28) $ $ 10,042.50 $
Over $178,650 but not over $319,100 $ × 33% (.33) $ $ 18,975.00 $
Over $319,100 $ × 35% (.35) $ $ 25,357.00 $
Section C - Use if your filing status is Married filing separately. Complete the row below that applies to you.
(a) If the amount on Form 1040, line 42 is: (b) Enter the amount from Form 1040, line 42 (c) Multiplication amount (d) Multiply column (b) by column (c) (e) Subtraction amount Your tax. Subtract column (e) from column (d). Enter the result here and on Form 1040, line 43
At least $100,000 but not over $159,550 $ × 33% (.33) $ $  9,487.50 $
Over $159,550 $ × 35% (.35) $ $ 12,678.50 $
Section D - Use if your filing status is Head of household. Complete the row below that applies to you.
(a) If the amount on Form 1040, line 42 is: (b) Enter the amount from Form 1040, line 42 (c) Multiplication amount (d) Multiply column (b) by column (c) (e) Subtraction amount Your tax. Subtract column (e) from column (d). Enter the result here and on Form 1040, line 43
At least $100,000 but not over $100,500 $ × 25% (.25) $ $  4,400.00 $
Over $100,500 but not over $162,700 $ × 28% (.28) $ $  7,415.00 $
Over $162,700 but not over $319,100 $ × 33% (.33) $ $ 15,550.00 $
Over $319,100 $ × 35% (.35) $ $ 21,932.00 $



Taxmap/pub17/p17-194.htm#TXMP52054496
Your Rights as a Taxpayer


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The first part of this section explains some of your most important rights as a taxpayer. The second part explains the examination, appeal, collection, and refund processes.


Taxmap/pub17/p17-194.htm#TXMP1ab4ac4f
Declaration of Taxpayer Rights


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left link arrow Declaration of Taxpayer Rights right link arrow


Taxmap/pub17/p17-194.htm#TXMP277265f0
Protection of your rights.


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IRS employees will explain and protect your rights as a taxpayer throughout your contact with us.


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Privacy and confidentiality.


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The IRS will not disclose to anyone the information you give us, except as authorized by law. You have the right to know why we are asking you for information, how we will use it, and what will happen if you do not provide requested information.


Taxmap/pub17/p17-194.htm#TXMP15981b94
Professional and courteous service.


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If you believe that an IRS employee has not treated you in a professional, fair, and courteous manner, you should tell that employee's supervisor. If the supervisor's response is not satisfactory, you should write to the IRS area director or the center where you filed your return.


Taxmap/pub17/p17-194.htm#TXMP6f5d4d9b
Representation.


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left link arrow Representation right link arrow

You may either represent yourself or, with proper written authorization, have someone else represent you. Your representative must be a person allowed to practice before the IRS, such as an attorney, certified public accountant, or enrolled agent. If you are in an interview and ask to consult a representative, we must stop and reschedule the interview in most cases.

You can have someone accompany you at an interview. You may make sound recordings of any meetings with our examination, appeal, or collection personnel, provided you tell us in writing 10 days before the meeting.


Taxmap/pub17/p17-194.htm#TXMP5024b787
Payment of only the correct amount of tax.


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Payment of only the correct amount of tax.

You are responsible for paying only the correct amount of tax due under the law—no more, no less. If you cannot pay all of your tax when it is due, you may be able to make monthly installment payments.


Taxmap/pub17/p17-194.htm#TXMP44896070
Help with unresolved tax problems.


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The Taxpayer Advocate Service can help you if you have tried unsuccessfully to resolve a problem with the IRS. Your local Taxpayer Advocate can offer you special help if you have a significant hardship as a result of a tax problem. For more information, see Contacting your Taxpayer Advocate under How To Get Tax Help.


Taxmap/pub17/p17-194.htm#TXMP58d41ec4
Appeals and judicial review.


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Appeals and judicial review.

If you disagree with us about the amount of your tax liability or certain collection actions, you have the right to ask the Appeals Office to review your case. You may also ask a court to review your case.


Taxmap/pub17/p17-194.htm#TXMP2d150437
Relief from certain penalties and interest.


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Relief from certain penalties and interest.

The IRS will waive penalties when allowed by law if you can show you acted reasonably and in good faith or relied on the incorrect advice of an IRS employee. We will waive interest that is the result of certain errors or delays caused by an IRS employee.


Taxmap/pub17/p17-194.htm#TXMP1dd262ed
Examinations, Appeals, Collections, and Refunds


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Taxmap/pub17/p17-194.htm#TXMP242ac49b
Examinations (Audits)


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We accept most returns as filed. If we inquire about your return or select it for examination, it does not suggest that you are dishonest. The inquiry or examination may or may not result in more tax. We may close your case without change; or, you may receive a refund.

The process of selecting a return for examination usually begins in one of two ways. First, we use computer programs to identify returns that may have incorrect amounts. These programs may be based on information returns, such as Forms 1099 and W-2, on studies of past examinations, or on certain issues identified by compliance projects. Second, we use information from outside sources that indicates that a return may have incorrect amounts. These sources may include newspapers, public records, and individuals. If we determine that the information is accurate and reliable, we may use it to select a return for examination.

Publication 556, Examination of Returns, Appeal Rights, and Claims for Refund, explains the rules and procedures that we follow in examinations. The following sections give an overview of how we conduct examinations.


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By mail.


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We handle many examinations and inquiries by mail. We will send you a letter with either a request for more information or a reason why we believe a change to your return may be needed. You can respond by mail or you can request a personal interview with an examiner. If you mail us the requested information or provide an explanation, we may or may not agree with you, and we will explain the reasons for any changes. Please do not hesitate to write to us about anything you do not understand.


Taxmap/pub17/p17-194.htm#TXMP1393d048
By interview.


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If we notify you that we will conduct your examination through a personal interview, or you request such an interview, you have the right to ask that the examination take place at a reasonable time and place that is convenient for both you and the IRS. If our examiner proposes any changes to your return, he or she will explain the reasons for the changes. If you do not agree with these changes, you can meet with the examiner's supervisor.


Taxmap/pub17/p17-194.htm#TXMP0a457ab3
Repeat examinations.


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Repeat examinations.

If we examined your return for the same items in either of the 2 previous years and proposed no change to your tax liability, please contact us as soon as possible so we can see if we should discontinue the examination.


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Appeals


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If you do not agree with the examiner's proposed changes, you can appeal them to the Appeals Office of IRS. Most differences can be settled without expensive and time-consuming court trials. Your appeal rights are explained in detail in both Publication 5, Your Appeal Rights and How To Prepare a Protest If You Don't Agree, and Publication 556, Examination of Returns, Appeal Rights, and Claims for Refund.

If you do not wish to use the Appeals Office or disagree with its findings, you may be able to take your case to the U.S. Tax Court, U.S. Court of Federal Claims, or the U.S. District Court where you live. If you take your case to court, the IRS will have the burden of proving certain facts if you kept adequate records to show your tax liability, cooperated with the IRS, and meet certain other conditions. If the court agrees with you on most issues in your case and finds that our position was largely unjustified, you may be able to recover some of your administrative and litigation costs. You will not be eligible to recover these costs unless you tried to resolve your case administratively, including going through the appeals system, and you gave us the information necessary to resolve the case.


Taxmap/pub17/p17-194.htm#TXMP4dd2da55
Collections


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left link arrow Collection right link arrow

Publication 594, The IRS Collection Process, explains your rights and responsibilities regarding payment of federal taxes. It describes:

  • What to do when you owe taxes. It describes what to do if you get a tax bill and what to do if you think your bill is wrong. It also covers making installment payments, delaying collection action, and submitting an offer in compromise.
  • IRS collection actions. It covers liens, releasing a lien, levies, releasing a levy, seizures and sales, and release of property.

Your collection appeal rights are explained in detail in Publication 1660, Collection Appeal Rights.


Taxmap/pub17/p17-194.htm#TXMP1c1092a7
Innocent spouse relief.


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left link arrow Innocent Spouse Relief right link arrow

Generally, both you and your spouse are responsible, jointly and individually, for paying the full amount of any tax, interest, or penalties due on your joint return. However, if you qualify for innocent spouse relief, you may not have to pay the tax, interest, and penalties related to your spouse (or former spouse). For information on innocent spouse relief and two other ways to get relief, see Publication 971, Innocent Spouse Relief, and Form 8857, Request for Innocent Spouse Relief (And Separation of Liability and Equitable Relief).


Taxmap/pub17/p17-194.htm#TXMP30a23434
Claims for Refund


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left link arrow Refund right link arrow

You may file a claim for refund if you think you paid too much tax. You must generally file the claim within 3 years from the date you filed your original return or 2 years from the date you paid the tax, whichever is later. The law generally provides for interest on your refund if it is not paid within 45 days of the date you filed your return or claim for refund. Publication 556 has more information on refunds.

If you were due a refund but you did not file a return, you generally must file within 3 years from the date the return was due (including extensions) to get that refund.

left arrowPrevious Page:  Publication 17 - Your Federal Income Tax - Other Credits
right arrowNext Page:  Publication 17 - Your Federal Income Tax - How To Get Tax Help
Use   left arrowright arrow  to find additional instances of index items.