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E File 2011

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E File 2011

E file 2011 1. E file 2011   Bona Fide Residence Table of Contents Presence TestDays of Presence in the United States or Relevant Possession Significant Connection Tax HomeExceptions Closer ConnectionException for Year of Move Special Rules in the Year of a MoveYear of Moving to a Possession Year of Moving From a Possession Reporting a Change in Bona Fide ResidenceWho Must File Penalty for Not Filing Form 8898 In order to qualify for certain tax benefits (see chapter 3), you must be a bona fide resident of American Samoa, the CNMI, Guam, Puerto Rico, or the USVI for the entire tax year. E file 2011 Generally, you are a bona fide resident of one of these possessions (the relevant possession) if, during the tax year, you: Meet the presence test, Do not have a tax home outside the relevant possession, and Do not have a closer connection to the United States or to a foreign country than to the relevant possession. E file 2011 Special rule for members of the U. E file 2011 S. E file 2011 Armed Forces. E file 2011   If you are a member of the U. E file 2011 S. E file 2011 Armed Forces who qualified as a bona fide resident of the relevant possession in an earlier tax year, your absence from that possession during the current tax year in compliance with military orders will not affect your status as a bona fide resident. E file 2011 Likewise, being in a possession solely in compliance with military orders will not qualify you for bona fide residency. E file 2011 Also see the special income source rule for members of the U. E file 2011 S. E file 2011 Armed Forces in chapter 2, under Compensation for Labor or Personal Services . E file 2011 Special rule for civilian spouse of active duty member of the U. E file 2011 S. E file 2011 Armed Forces. E file 2011   If you are the civilian spouse of an active duty servicemember, under Military Spouses Residency Relief Act (MSRRA) you can choose to keep your prior residence or domicile for tax purposes (tax residence) when accompanying the servicemember spouse, who is relocating under military orders, to a new military duty station in one of the 50 states, the District of Columbia, or a U. E file 2011 S. E file 2011 possession. E file 2011 Before relocating, you and your spouse must have the same tax residence. E file 2011 If you are a civilian spouse and choose to keep your prior tax residence after such relocation, the source of income for services performed (for example, wages, salaries, tips, or self-employment) by you is considered to be (the jurisdiction of) the prior tax residence. E file 2011 As a result, the amount of income tax withholding (from Form(s) W-2, Wage and Tax Statement) that you are able to claim on your federal return, as well as the need to file a state or U. E file 2011 S. E file 2011 possession return, may be affected. E file 2011 For more information, consult with state, local, or U. E file 2011 S. E file 2011 possession tax authorities regarding your tax obligations under MSRRA. E file 2011 Presence Test If you are a U. E file 2011 S. E file 2011 citizen or resident alien, you will satisfy the presence test for the entire tax year if you meet one of the following conditions. E file 2011 You were present in the relevant possession for at least 183 days during the tax year. E file 2011 You were present in the relevant possession for at least 549 days during the 3-year period that includes the current tax year and the 2 immediately preceding tax years. E file 2011 During each year of the 3-year period, you must be present in the relevant possession for at least 60 days. E file 2011 You were present in the United States for no more than 90 days during the tax year. E file 2011 You had earned income in the United States of no more than a total of $3,000 and were present for more days in the relevant possession than in the United States during the tax year. E file 2011 Earned income is pay for personal services performed, such as wages, salaries, or professional fees. E file 2011 You had no significant connection to the United States during the tax year. E file 2011 Special rule for nonresident aliens. E file 2011   Conditions (1) through (5) above do not apply to nonresident aliens of the United States. E file 2011 Instead, nonresident aliens must meet the substantial presence test discussed in chapter 1 of Publication 519. E file 2011 In that discussion, substitute the name of the possession for “United States” and “U. E file 2011 S. E file 2011 ” wherever they appear. E file 2011 Disregard the discussion in that chapter about a Closer Connection to a Foreign Country. E file 2011 Days of Presence in the United States or Relevant Possession Generally, you are treated as being present in the United States or in the relevant possession on any day that you are physically present in that location at any time during the day. E file 2011 Days of presence in a possession. E file 2011   You are considered to be present in the relevant possession on any of the following days. E file 2011 Any day you are physically present in that possession at any time during the day. E file 2011 Any day you are outside of the relevant possession in order to receive, or to accompany any of the following family members to receive, qualifying medical treatment (see Qualifying Medical Treatment , later). E file 2011 Your parent. E file 2011 Your spouse. E file 2011 Your child, who is your son, daughter, stepson, or stepdaughter. E file 2011 This includes an adopted child or child lawfully placed with you for legal adoption. E file 2011 This also includes a foster child who is placed with you by an authorized placement agency or by judgment, decree, or other order of any court of competent jurisdiction. E file 2011 Any day you are outside the relevant possession because you leave or are unable to return to the relevant possession during any: 14-day period within which a major disaster occurs in the relevant possession for which a Federal Emergency Management Agency (FEMA) notice of a federal declaration of a major disaster is issued in the Federal Register, or Period for which a mandatory evacuation order is in effect for the geographic area in the relevant possession in which your main home is located. E file 2011   If, during a single day, you are physically present: In the United States and in the relevant possession, that day is considered a day of presence in the relevant possession; or In two possessions, that day is considered a day of presence in the possession where your tax home is located (see Tax Home , later). E file 2011 Days of presence in the United States. E file 2011   You are considered to be present in the United States on any day that you are physically present in the United States at any time during the day. E file 2011 However, do not count the following days as days of presence in the United States. E file 2011 Any day you are temporarily present in the United States in order to receive, or to accompany a parent, spouse, or child who is receiving, qualifying medical treatment. E file 2011 “Child” is defined under item 2c earlier. E file 2011 “Qualifying medical treatment” is defined later. E file 2011 Any day you are temporarily present in the United States because you leave or are unable to return to the relevant possession during any: 14-day period within which a major disaster occurs in the relevant possession for which a Federal Emergency Management Agency (FEMA) notice of a federal declaration of a major disaster is issued in the Federal Register, or Period for which a mandatory evacuation order is in effect for the geographic area in the relevant possession in which your main home is located. E file 2011 Any day you are in the United States for less than 24 hours when you are traveling between two places outside the United States. E file 2011 Any day you are temporarily present in the United States as a professional athlete to compete in a charitable sports event (defined later). E file 2011 Any day you are temporarily in the United States as a student (defined later). E file 2011 Any day you are in the United States serving as an elected representative of the relevant possession, or serving full time as an elected or appointed official or employee of the government of that possession (or any of its political subdivisions). E file 2011 Qualifying Medical Treatment Such treatment is generally provided by (or under the supervision of) a physician for an illness, injury, impairment, or physical or mental condition. E file 2011 The treatment generally involves: Any period of inpatient care that requires an overnight stay in a hospital or hospice, and any period immediately before or after that inpatient care to the extent it is medically necessary, or Any temporary period of inpatient care in a residential medical care facility for medically necessary rehabilitation services. E file 2011 With respect to each qualifying medical treatment, you must prepare (or obtain) and maintain documentation supporting your claim that such treatment meets the criteria to be considered days of presence in the relevant possession. E file 2011 You must be able to produce this documentation within 30 days if requested by the IRS or tax administrator for the relevant possession. E file 2011 You must keep the following documentation. E file 2011 Records that provide: The patient's name and relationship to you (if the medical treatment is provided to a person you accompany); The name and address of the hospital, hospice, or residential medical care facility where the medical treatment was provided; The name, address, and telephone number of the physician who provided the medical treatment; The date(s) on which the medical treatment was provided; and Receipt(s) of payment for the medical treatment. E file 2011 Signed certification by the providing or supervising physician that the medical treatment met the requirements for being qualified medical treatment, and setting forth: The patient's name, A reasonably detailed description of the medical treatment provided by (or under the supervision of) the physician, The dates on which the medical treatment was provided, and The medical facts that support the physician's certification and determination that the treatment was medically necessary. E file 2011 Charitable Sports Event A charitable sports event is one that meets all of the following conditions. E file 2011 The main purpose is to benefit a qualified charitable organization. E file 2011 The entire net proceeds go to charity. E file 2011 Volunteers perform substantially all the work. E file 2011 In figuring the days of presence in the United States, you can exclude only the days on which you actually competed in the charitable sports event. E file 2011 You cannot exclude the days on which you were in the United States to practice for the event, to perform promotional or other activities related to the event, or to travel between events. E file 2011 Student To qualify as a student, you must be, during some part of each of any 5 calendar months during the calendar year: A full-time student at a school that has a regular teaching staff, course of study, and regularly enrolled body of students in attendance, or A student taking a full-time, on-farm training course given by a school described in (1) above or by a state, county, or local government agency. E file 2011 The 5 calendar months do not have to be consecutive. E file 2011 Full-time student. E file 2011   A full-time student is a person who is enrolled for the number of hours or courses the school considers to be full-time attendance. E file 2011 However, school attendance exclusively at night is not considered full-time attendance. E file 2011 School. E file 2011   The term “school” includes elementary schools, middle schools, junior and senior high schools, colleges, universities, and technical, trade, and mechanical schools. E file 2011 It does not include on-the-job training courses, correspondence schools, and schools offering courses only through the Internet. E file 2011 Significant Connection One way in which you can meet the presence test is to have no significant connection to the United States during the tax year. E file 2011 This section looks at the factors that determine if a significant connection exists. E file 2011 You are treated as having a significant connection to the United States if you: Have a permanent home in the United States, Are currently registered to vote in any political subdivision of the United States, or Have a spouse or child (see item 2c under Days of presence in a possession , earlier) who is under age 18 whose main home is in the United States, other than: A child who is in the United States because he or she is the child of divorced or legally separated parents and is living with a custodial parent under a custodial decree or multiple support agreement, or A child who is in the United States as a student. E file 2011 For the purpose of determining if you have a significant connection to the United States, the term “spouse” does not include a spouse from whom you are legally separated under a decree of divorce or separate maintenance. E file 2011 Permanent home. E file 2011   A permanent home generally includes an accommodation such as a house, an apartment, or a furnished room that is either owned or rented by you or your spouse. E file 2011 The dwelling unit must be available at all times, continuously, not only for short stays. E file 2011 Exception for rental property. E file 2011   If you or your spouse own the dwelling unit and at any time during the tax year it is rented to someone else at fair rental value, it will be considered your permanent home only if you or your spouse use that property for personal purposes for more than the greater of: 14 days, or 10% of the number of days during that tax year that the property is rented to others at a fair rental value. E file 2011   You are treated as using rental property for personal purposes on any day the property is not being rented to someone else at fair rental value for the entire day. E file 2011   A day of personal use of a dwelling unit is also any day that the unit is used by any of the following persons. E file 2011 You or any other person who has an interest in it, unless you rent it to another owner as his or her main home under a shared equity financing agreement. E file 2011 A member of your family or a member of the family of any other person who has an interest in it, unless the family member uses the dwelling unit as his or her main home and pays a fair rental price. E file 2011 Family includes only brothers and sisters, half-brothers and half-sisters, spouses, ancestors (parents, grandparents, etc. E file 2011 ), and lineal descendants (children, grandchildren, etc. E file 2011 ). E file 2011 Anyone under an arrangement that lets you use some other dwelling unit. E file 2011 Anyone at less than a fair rental price. E file 2011   However, any day you spend working substantially full time repairing and maintaining (not improving) your property is not counted as a day of personal use. E file 2011 Whether your property is used mainly for this purpose is determined in light of all the facts and circumstances, such as: The amount of time you devote to repair and maintenance work, How often during the tax year you perform repair and maintenance work on this property, and The presence and activities of companions. E file 2011   See Publication 527, Residential Rental Property, for more information about personal use of a dwelling unit. E file 2011 Example—significant connection. E file 2011 Ann Green, a U. E file 2011 S. E file 2011 citizen, is a sales representative for a company based in Guam. E file 2011 Ann lives with her spouse and young children in their house in Guam, where she is also registered to vote. E file 2011 Her business travel requires her to spend 120 days in the United States and another 120 days in foreign countries. E file 2011 When traveling on business, Ann generally stays at hotels but sometimes stays with her brother, who lives in the United States. E file 2011 Ann's stays are always of short duration and she asks her brother's permission to stay with him. E file 2011 Her brother's house is not her permanent home, nor does she have any other accommodations in the United States that would be considered her permanent home. E file 2011 Ann satisfies the presence test because she has no significant connection to the United States. E file 2011 Example—presence test. E file 2011 Eric and Wanda Brown live for part of the year in a condominium, which they own, in the CNMI. E file 2011 They also own a house in Maine where they live for 120 days every year to be near their grown children and grandchildren. E file 2011 The Browns are retired and their only income is from pension payments, dividends, interest, and social security benefits. E file 2011 In 2013, they spent only 175 days in the CNMI because of a 70-day vacation to Europe and Asia. E file 2011 Thus, in 2013, the Browns were not present in the CNMI for at least 183 days, were present in the United States for more than 90 days, and had a significant connection to the United States because of their permanent home. E file 2011 However, the Browns still satisfied the presence test with respect to the CNMI because they had no earned income in the United States and were physically present for more days in the CNMI than in the United States. E file 2011 Tax Home You will have met the tax home test if you did not have a tax home outside the relevant possession during any part of the tax year. E file 2011 Your tax home is your regular or main place of business, employment, or post of duty regardless of where you maintain your family home. E file 2011 If you do not have a regular or main place of business because of the nature of your work, then your tax home is the place where you regularly live. E file 2011 If you do not fit either of these categories, you are considered an itinerant and your tax home is wherever you work. E file 2011 Exceptions There are some special rules regarding tax home that provide exceptions to the general rule stated above. E file 2011 Students and Government Officials Disregard the following days when determining whether you have a tax home outside the relevant possession. E file 2011 Days you were temporarily in the United States as a student (see Student under Days of Presence in the United States or Relevant Possession, earlier). E file 2011 Days you were in the United States serving as an elected representative of the relevant possession, or serving full time as an elected or appointed official or employee of the government of that possession (or any of its political subdivisions). E file 2011 Seafarers You will not be considered to have a tax home outside the relevant possession solely because you are employed on a ship or other seafaring vessel that is predominantly used in local and international waters. E file 2011 For this purpose, a vessel is considered to be predominantly used in local and international waters if, during the tax year, the total amount of time it is used in international waters and in the waters within 3 miles of the relevant possession exceeds the total amount of time it is used in the territorial waters of the United States, another possession, or any foreign country. E file 2011 Example. E file 2011 In 2013, Sean Silverman, a U. E file 2011 S. E file 2011 citizen, was employed by a fishery and spent 250 days at sea on a fishing vessel. E file 2011 When not at sea, Sean lived with his spouse at a house they own in American Samoa. E file 2011 The fishing vessel on which Sean works departs and arrives at various ports in American Samoa, other possessions, and foreign countries, but was in international or American Samoa's local waters for 225 days. E file 2011 For purposes of determining bona fide residency of American Samoa, Sean will not be considered to have a tax home outside that possession solely because of his employment on board the fishing vessel. E file 2011 Year of Move If you are moving to or from a possession during the year, you may still be able to meet the tax home test for that year. E file 2011 See Special Rules in the Year of a Move , later in this chapter. E file 2011 Closer Connection You will have met the closer connection test if, during any part of the tax year, you do not have a closer connection to the United States or a foreign country than to the relevant U. E file 2011 S. E file 2011 possession. E file 2011 You will be considered to have a closer connection to a possession than to the United States or to a foreign country if you have maintained more significant contacts with the possession(s) than with the United States or foreign country. E file 2011 In determining if you have maintained more significant contacts with the relevant possession, the facts and circumstances to be considered include, but are not limited to, the following. E file 2011 The location of your permanent home. E file 2011 The location of your family. E file 2011 The location of personal belongings, such as automobiles, furniture, clothing, and jewelry owned by you and your family. E file 2011 The location of social, political, cultural, professional, or religious organizations with which you have a current relationship. E file 2011 The location where you conduct your routine personal banking activities. E file 2011 The location where you conduct business activities (other than those that go into determining your tax home). E file 2011 The location of the jurisdiction in which you hold a driver's license. E file 2011 The location of the jurisdiction in which you vote. E file 2011 The location of charitable organizations to which you contribute. E file 2011 The country of residence you designate on forms and documents. E file 2011 The types of official forms and documents you file, such as Form W-8BEN, Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding and Reporting (Individuals), or Form W-9, Request for Taxpayer Identification Number and Certification. E file 2011 Your connections to the relevant possession will be compared to the total of your connections with the United States and foreign countries. E file 2011 Your answers to the questions on Form 8898, Part III, will help establish the jurisdiction to which you have a closer connection. E file 2011 Example—closer connection to the United States. E file 2011 Marcos Reyes, a U. E file 2011 S. E file 2011 citizen, moved to Puerto Rico in 2013 to start an investment consulting and venture capital business. E file 2011 His spouse and two teenage children remained in California to allow the children to complete high school. E file 2011 He traveled back to the United States regularly to see his spouse and children, to engage in business activities, and to take vacations. E file 2011 Marcos had an apartment available for his full-time use in Puerto Rico, but remained a joint owner of the residence in California where his spouse and children lived. E file 2011 Marcos and his family had automobiles and personal belongings such as furniture, clothing, and jewelry located at both residences. E file 2011 Although Marcos was a member of the Puerto Rico Chamber of Commerce, he also belonged to and had current relationships with social, political, cultural, and religious organizations in California. E file 2011 Marcos received mail in California, including bank and brokerage statements and credit card bills. E file 2011 He conducted his personal banking activities in California. E file 2011 He held a California driver's license and was also registered to vote there. E file 2011 Based on all of the particular facts and circumstances pertaining to Marcos, he was not a bona fide resident of Puerto Rico in 2013 because he had a closer connection to the United States than to Puerto Rico. E file 2011 Closer connection to another possession. E file 2011   Generally, possessions are not treated as foreign countries. E file 2011 Therefore, a closer connection to a possession other than the relevant possession will not be treated as a closer connection to a foreign country. E file 2011 Example—tax home and closer connection to possession. E file 2011 Pearl Blackmon, a U. E file 2011 S. E file 2011 citizen, is a permanent employee of a hotel in Guam, but works only during the tourist season. E file 2011 For the remainder of each year, Pearl lives with her spouse and children in the CNMI, where she has no outside employment. E file 2011 Most of Pearl's personal belongings, including her automobile, are located in the CNMI. E file 2011 She is registered to vote in, and has a driver's license issued by, the CNMI. E file 2011 She does her personal banking in the CNMI and routinely lists her CNMI address as her permanent address on forms and documents. E file 2011 Pearl satisfies the presence test with respect to both Guam and the CNMI. E file 2011 She satisfies the tax home test with respect to Guam, because her regular place of business is in Guam. E file 2011 Pearl satisfies the closer connection test with respect to both Guam and the CNMI, because she does not have a closer connection to the United States or to any foreign country. E file 2011 Pearl is considered a bona fide resident of Guam, the location of her tax home. E file 2011 Exception for Year of Move If you are moving to or from a possession during the year, you may still be able to meet the closer connection test for that year. E file 2011 See Special Rules in the Year of a Move , next. E file 2011 Special Rules in the Year of a Move If you are moving to or from a possession during the year, you may still be able to meet the tax home and closer connection tests for that year. E file 2011 Year of Moving to a Possession You will satisfy the tax home and closer connection tests in the tax year of changing your residence to the relevant possession if you meet all of the following. E file 2011 You have not been a bona fide resident of the relevant possession in any of the 3 tax years immediately preceding your move. E file 2011 In the year of the move, you do not have a tax home outside the relevant possession or a closer connection to the United States or a foreign country than to the relevant possession during any of the last 183 days of the tax year. E file 2011 You are a bona fide resident of the relevant possession for each of the 3 tax years immediately following your move. E file 2011 Example. E file 2011 Dwight Wood, a U. E file 2011 S. E file 2011 citizen, files returns on a calendar year basis. E file 2011 He lived in the United States from January 2007 through May 2013. E file 2011 In June 2013 he moved to the USVI, purchased a house, and accepted a permanent job with a local employer. E file 2011 From July 1 through December 31, 2013 (more than 183 days), Dwight's principal place of business was in the USVI and, during that time, he did not have a closer connection to the United States or a foreign country than to the USVI. E file 2011 If he is a bona fide resident of the USVI during all of 2014 through 2016, he will satisfy the tax home and closer connection tests for 2013. E file 2011 If Dwight also satisfies the presence test in 2013, he will be considered a bona fide resident of the USVI for the entire 2013 tax year. E file 2011 Year of Moving From a Possession In the year you cease to be a bona fide resident of American Samoa, the CNMI, Guam, or the USVI, you will satisfy the tax home and closer connection tests with respect to the relevant possession if you meet all of the following. E file 2011 You have been a bona fide resident of the relevant possession for each of the 3 tax years immediately preceding your change of residence. E file 2011 In the year of the move, you do not have a tax home outside the relevant possession or a closer connection to the United States or a foreign country than to the relevant possession during any of the first 183 days of the tax year. E file 2011 You are not a bona fide resident of the relevant possession for any of the 3 tax years immediately following your move. E file 2011 Example. E file 2011 Jean Aspen, a U. E file 2011 S. E file 2011 citizen, files returns on a calendar year basis. E file 2011 From January 2010 through December 2012, Jean was a bona fide resident of American Samoa. E file 2011 Jean continued to live there until September 6, 2013, when she accepted new employment and moved to Hawaii. E file 2011 Jean's principal place of business from January 1 through September 5, 2013 (more than 183 days), was in American Samoa, and during that period Jean did not have a closer connection to the United States or a foreign country than to American Samoa. E file 2011 If Jean continues to live and work in Hawaii for the rest of 2013 and throughout years 2014 through 2016, she will satisfy the tax home and closer connection tests for 2013 with respect to American Samoa. E file 2011 If Jean also satisfies the presence test in 2013, she will be considered a bona fide resident for the entire 2013 tax year. E file 2011 Puerto Rico You will be considered a bona fide resident of Puerto Rico for the part of the tax year preceding the date on which you move if you: Are a U. E file 2011 S. E file 2011 citizen, Are a bona fide resident of Puerto Rico for at least 2 tax years immediately preceding the tax year of the move, Cease to be a bona fide resident of Puerto Rico during the tax year, Cease to have a tax home in Puerto Rico during the tax year, and Have a closer connection to Puerto Rico than to the United States or a foreign country throughout the part of the tax year preceding the date on which you cease to have a tax home in Puerto Rico. E file 2011 Example. E file 2011 Randy White, a U. E file 2011 S. E file 2011 citizen, files returns on a calendar year basis. E file 2011 For all of 2011 and 2012, Randy was a bona fide resident of Puerto Rico. E file 2011 From January through April 2013, Randy continued to reside and maintain his principal place of business in and closer connection to Puerto Rico. E file 2011 On May 5, 2013, Randy moved and changed his tax home to Nevada. E file 2011 Later that year he established a closer connection to the United States than to Puerto Rico. E file 2011 Randy did not satisfy the presence test for 2013 with respect to Puerto Rico, nor the tax home or closer connection tests. E file 2011 However, because Randy was a bona fide resident of Puerto Rico for at least 2 tax years before he moved to Nevada in 2013, he was a bona fide resident of Puerto Rico from January 1 through May 4, 2013. E file 2011 Reporting a Change in Bona Fide Residence If you became or ceased to be a bona fide resident of a U. E file 2011 S. E file 2011 possession, you may need to file Form 8898. E file 2011 This applies to the U. E file 2011 S. E file 2011 possessions of American Samoa, the CNMI, Guam, Puerto Rico, and the USVI. E file 2011 Who Must File You must file Form 8898 for the tax year in which you meet both of the following conditions. E file 2011 Your worldwide gross income (defined below) in that tax year is more than $75,000. E file 2011 You meet one of the following. E file 2011 You take a position for U. E file 2011 S. E file 2011 tax purposes that you became a bona fide resident of a U. E file 2011 S. E file 2011 possession after a tax year for which you filed a U. E file 2011 S. E file 2011 income tax return as a citizen or resident alien of the United States but not as a bona fide resident of the possession. E file 2011 You are a citizen or resident alien of the United States who takes the position for U. E file 2011 S. E file 2011 tax purposes that you ceased to be a bona fide resident of a U. E file 2011 S. E file 2011 possession after a tax year for which you filed an income tax return (with the IRS, the possession tax authority, or both) as a bona fide resident of the possession. E file 2011 You take the position for U. E file 2011 S. E file 2011 tax purposes that you became a bona fide resident of Puerto Rico or American Samoa after a tax year for which you were required to file an income tax return as a bona fide resident of the CNMI, Guam, or the USVI. E file 2011 Worldwide gross income. E file 2011   Worldwide gross income means all income you received in the form of money, goods, property, and services, including any income from sources outside the United States (even if you can exclude part or all of it) and before any deductions, credits, or rebates. E file 2011 Example. E file 2011 You are a U. E file 2011 S. E file 2011 citizen who moved to the CNMI in December 2012, but did not become a bona fide resident of that possession until the 2013 tax year. E file 2011 You must file Form 8898 for the 2013 tax year if your worldwide gross income for that year was more than $75,000. E file 2011 Penalty for Not Filing Form 8898 If you are required to file Form 8898 for any tax year and you fail to file it, you may owe a penalty of $1,000. E file 2011 You may also owe this penalty if you do not include all the information required by the form or the form includes incorrect information. E file 2011 In either case, you will not owe this penalty if you can show that such failure is due to reasonable cause and not willful neglect. E file 2011 This is in addition to any criminal penalty that may be imposed. E file 2011 Prev  Up  Next   Home   More Online Publications
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Page Last Reviewed or Updated: 13-Jan-2014

The E File 2011

E file 2011 Publication 560 - Introductory Material Table of Contents Future Developments What's New Reminders IntroductionSEP plans. E file 2011 SIMPLE plans. E file 2011 Qualified plans. E file 2011 Ordering forms and publications. E file 2011 Tax questions. E file 2011 Future Developments For the latest information about developments related to Publication 560, such as legislation enacted after we release it, go to www. E file 2011 irs. E file 2011 gov/pub560. E file 2011 What's New Compensation limit increased for 2013 and 2014. E file 2011  For 2013 the maximum compensation used for figuring contributions and benefits increases to $255,000. E file 2011 This limit increases to $260,000 for 2014. E file 2011 Elective deferral limit for 2013 and 2014. E file 2011  The limit on elective deferrals, other than catch-up contributions, increases to $17,500 for 2013 and remains at $17,500 for 2014. E file 2011 These limits apply for participants in SARSEPs, 401(k) plans (excluding SIMPLE plans), section 403(b) plans and section 457(b) plans. E file 2011 Defined contribution limit increased for 2013 and 2014. E file 2011  The limit on contributions, other than catch-up contributions, for a participant in a defined contribution plan increases to $51,000 for 2013. E file 2011 This limit increases to $52,000 for 2014. E file 2011 SIMPLE plan salary reduction contribution limit for 2013 and 2014. E file 2011  The limit on salary reduction contributions, other than catch-up contributions, increases to $12,000 for 2013 and remains at $12,000 for 2014. E file 2011 Catch-up contribution limit remains unchanged for 2013 and 2014. E file 2011  A plan can permit participants who are age 50 or over at the end of the calendar year to make catch-up contributions in addition to elective deferrals and SIMPLE plan salary reduction contributions. E file 2011 The catch-up contribution limitation for defined contribution plans other than SIMPLE plans remains unchanged at $5,500 for 2013 and 2014. E file 2011 The catch-up contribution limitation for SIMPLE plans remains unchanged at $2,500 for 2013 and 2014. E file 2011 The catch-up contributions a participant can make for a year cannot exceed the lesser of the following amounts. E file 2011 The catch-up contribution limit. E file 2011 The excess of the participant's compensation over the elective deferrals that are not catch-up contributions. E file 2011 See “Catch-up contributions” under Contribution Limits and Limit on Elective Deferrals in chapters 3 and 4, respectively, for more information. E file 2011 All section references are to the Internal Revenue Code, unless otherwise stated. E file 2011 Reminders In-plan Roth rollovers. E file 2011  Section 402A(c)(4) provides for a distribution from an individual's account in a 401(k) plan, other than from a designated Roth account, that is rolled over to the individual's designated Roth account in the same plan. E file 2011 An in-plan Roth rollover is not treated as a distribution for most purposes. E file 2011 Section 402A(c)(4) was added by the Small Business Jobs Act of 2010 and applies to distributions made after September 27, 2010. E file 2011 For additional guidance on in-plan Roth rollovers, see Notice 2010-84, 2010-51 I. E file 2011 R. E file 2011 B. E file 2011 872, available at  www. E file 2011 irs. E file 2011 gov/irb/2010-51_IRB/ar11. E file 2011 html. E file 2011 In-plan Roth rollovers expanded. E file 2011  Beginning in 2013, a plan with designated Roth accounts can permit a participant to roll over amounts into a designated Roth account from his or her other accounts in the same plan, regardless of whether the participant is eligible for a distribution from the other accounts. E file 2011 Section 402A(c)(4) was amended by the American Taxpayer Relief Act of 2012. E file 2011 For more information, see Notice 2013-74, 2013-52 I. E file 2011 R. E file 2011 B. E file 2011 819, available at www. E file 2011 irs. E file 2011 gov/irb/2013-52_IRB/ar11. E file 2011 html. E file 2011 Credit for startup costs. E file 2011  You may be able to claim a tax credit for part of the ordinary and necessary costs of starting a SEP, SIMPLE, or qualified plan. E file 2011 The credit equals 50% of the cost to set up and administer the plan and educate employees about the plan, up to a maximum of $500 per year for each of the first 3 years of the plan. E file 2011 You can choose to start claiming the credit in the tax year before the tax year in which the plan becomes effective. E file 2011 You must have had 100 or fewer employees who received at least $5,000 in compensation from you for the preceding year. E file 2011 At least one participant must be a non-highly compensated employee. E file 2011 The employees generally cannot be substantially the same employees for whom contributions were made or benefits accrued under a plan of any of the following employers in the 3-tax-year period immediately before the first year to which the credit applies. E file 2011 You. E file 2011 A member of a controlled group that includes you. E file 2011 A predecessor of (1) or (2). E file 2011 The credit is part of the general business credit, which can be carried back or forward to other tax years if it cannot be used in the current year. E file 2011 However, the part of the general business credit attributable to the small employer pension plan startup cost credit cannot be carried back to a tax year beginning before January 1, 2002. E file 2011 You cannot deduct the part of the startup costs equal to the credit claimed for a tax year, but you can choose not to claim the allowable credit for a tax year. E file 2011 To take the credit, use Form 8881, Credit for Small Employer Pension Plan Startup Costs. E file 2011 Retirement savings contributions credit. E file 2011  Retirement plan participants (including self-employed individuals) who make contributions to their plan may qualify for the retirement savings contribution credit. E file 2011 The maximum contribution eligible for the credit is $2,000. E file 2011 To take the credit, use Form 8880, Credit for Qualified Retirement Savings Contributions. E file 2011 For more information on who is eligible for the credit, retirement plan contributions eligible for the credit and how to figure the credit, see Form 8880 and its instructions or go to the IRS website and search Retirement Topics-Retirement Savings Contributions Credit (Saver's Credit). E file 2011 Photographs of missing children. E file 2011  The Internal Revenue Service is a proud partner with the National Center for Missing and Exploited Children. E file 2011 Photographs of missing children selected by the Center may appear in this publication on pages that would otherwise be blank. E file 2011 You can help bring these children home by looking at the photographs and calling 1-800-THE-LOST (1-800-843-5678) if you recognize a child. E file 2011 Introduction This publication discusses retirement plans you can set up and maintain for yourself and your employees. E file 2011 In this publication, “you” refers to the employer. E file 2011 See chapter 1 for the definition of the term employer and the definitions of other terms used in this publication. E file 2011 This publication covers the following types of retirement plans. E file 2011 SEP (simplified employee pension) plans. E file 2011 SIMPLE (savings incentive match plan for employees) plans. E file 2011 Qualified plans (also called H. E file 2011 R. E file 2011 10 plans or Keogh plans when covering self-employed individuals), including 401(k) plans. E file 2011 SEP, SIMPLE, and qualified plans offer you and your employees a tax-favored way to save for retirement. E file 2011 You can deduct contributions you make to the plan for your employees. E file 2011 If you are a sole proprietor, you can deduct contributions you make to the plan for yourself. E file 2011 You can also deduct trustees' fees if contributions to the plan do not cover them. E file 2011 Earnings on the contributions are generally tax free until you or your employees receive distributions from the plan. E file 2011 Under a 401(k) plan, employees can have you contribute limited amounts of their before-tax (after-tax, in the case of a qualified Roth contribution program) pay to the plan. E file 2011 These amounts (and the earnings on them) are generally tax free until your employees receive distributions from the plan or, in the case of a qualified distribution from a designated Roth account, completely tax free. E file 2011 What this publication covers. E file 2011   This publication contains the information you need to understand the following topics. E file 2011 What type of plan to set up. E file 2011 How to set up a plan. E file 2011 How much you can contribute to a plan. E file 2011 How much of your contribution is deductible. E file 2011 How to treat certain distributions. E file 2011 How to report information about the plan to the IRS and your employees. E file 2011 Basic features of SEP, SIMPLE, and qualified plans. E file 2011 The key rules for SEP, SIMPLE, and qualified plans are outlined in Table 1. E file 2011 SEP plans. E file 2011   SEPs provide a simplified method for you to make contributions to a retirement plan for yourself and your employees. E file 2011 Instead of setting up a profit-sharing or money purchase plan with a trust, you can adopt a SEP agreement and make contributions directly to a traditional individual retirement account or a traditional individual retirement annuity (SEP-IRA) set up for yourself and each eligible employee. E file 2011 SIMPLE plans. E file 2011   Generally, if you had 100 or fewer employees who received at least $5,000 in compensation last year, you can set up a SIMPLE plan. E file 2011 Under a SIMPLE plan, employees can choose to make salary reduction contributions rather than receiving these amounts as part of their regular pay. E file 2011 In addition, you will contribute matching or nonelective contributions. E file 2011 The two types of SIMPLE plans are the SIMPLE IRA plan and the SIMPLE 401(k) plan. E file 2011 Qualified plans. E file 2011   The qualified plan rules are more complex than the SEP plan and SIMPLE plan rules. E file 2011 However, there are advantages to qualified plans, such as increased flexibility in designing plans and increased contribution and deduction limits in some cases. E file 2011 Table 1. E file 2011 Key Retirement Plan Rules for 2013 Type  of  Plan Last Date for Contribution Maximum Contribution Maximum Deduction When To Set Up Plan SEP Due date of employer's return (including extensions). E file 2011 Smaller of $51,000 or 25%1 of participant's compensation. E file 2011 2 25%1 of all participants' compensation. E file 2011 2 Any time up to the due date of employer's return (including extensions). E file 2011 SIMPLE IRA and SIMPLE 401(k) Salary reduction contributions: 30 days after the end of the month for which the contributions are to be made. E file 2011 4  Matching or nonelective contributions: Due date of employer's return (including extensions). E file 2011 Employee contribution: Salary reduction contribution up to $12,000, $14,500 if age 50 or over. E file 2011   Employer contribution:  Either dollar-for-dollar matching contributions, up to 3% of employee's compensation,3 or fixed nonelective contributions of 2% of compensation. E file 2011 2 Same as maximum contribution. E file 2011 Any time between 1/1 and 10/1 of the calendar year. E file 2011   For a new employer coming into existence after 10/1, as soon as administratively feasible. E file 2011 Qualified Plan: Defined Contribution Plan  Elective deferral: Due date of employer's return (including extensions). E file 2011 4   Employer contribution: Money Purchase or Profit-Sharing: Due date of employer's return (including extensions). E file 2011  Employee contribution: Elective deferral up to $17,500, $23,000 if age 50 or over. E file 2011   Employer contribution: Money Purchase: Smaller of $51,000 or 100%1 of participant's compensation. E file 2011 2  Profit-Sharing: Smaller of $51,000 or 100%1 of participant's compensation. E file 2011 2  25%1 of all participants' compensation2, plus amount of elective deferrals made. E file 2011   By the end of the tax year. E file 2011 Qualified Plan: Defined Benefit Plan Contributions generally must be paid in quarterly installments, due 15 days after the end of each quarter. E file 2011 See Minimum Funding Requirement in chapter 4. E file 2011 Amount needed to provide an annual benefit no larger than the smaller of $205,000 or 100% of the participant's average compensation for his or her highest 3 consecutive calendar years. E file 2011 Based on actuarial assumptions and computations. E file 2011 By the end of the tax year. E file 2011 1Net earnings from self-employment must take the contribution into account. E file 2011 See Deduction Limit for Self-Employed Individuals in chapters 2 and 4 . E file 2011  2Compensation is generally limited to $255,000 in 2013. E file 2011  3Under a SIMPLE 401(k) plan, compensation is generally limited to $255,000 in 2013. E file 2011  4Certain plans subject to Department of Labor rules may have an earlier due date for salary reduction contributions and elective deferrals. E file 2011 What this publication does not cover. E file 2011   Although the purpose of this publication is to provide general information about retirement plans you can set up for your employees, it does not contain all the rules and exceptions that apply to these plans. E file 2011 You may also need professional help and guidance. E file 2011   Also, this publication does not cover all the rules that may be of interest to employees. E file 2011 For example, it does not cover the following topics. E file 2011 The comprehensive IRA rules an employee needs to know. E file 2011 These rules are covered in Publication 590, Individual Retirement Arrangements (IRAs). E file 2011 The comprehensive rules that apply to distributions from retirement plans. E file 2011 These rules are covered in Publication 575, Pension and Annuity Income. E file 2011 The comprehensive rules that apply to section 403(b) plans. E file 2011 These rules are covered in Publication 571, Tax-Sheltered Annuity Plans (403(b) Plans). E file 2011 Comments and suggestions. E file 2011   We welcome your comments about this publication and your suggestions for future editions. E file 2011   You can write to us at the following address: Internal Revenue Service Tax Forms and Publications Division 1111 Constitution Ave. E file 2011 NW, IR-6526 Washington, DC 20224   We respond to many letters by telephone. E file 2011 Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your correspondence. E file 2011   You can send your comments from www. E file 2011 irs. E file 2011 gov/formspubs. E file 2011 Click on “More Information” and then on “Give us feedback. E file 2011 ”   Although we cannot respond individually to each comment received, we do appreciate your feedback and will consider your comments as we revise our tax products. E file 2011 Ordering forms and publications. E file 2011   Visit www. E file 2011 irs. E file 2011 gov/formspubs to download forms  and publications, call 1-800-TAX-FORM  (1-800-829-3676), or write to the address below and receive a response within 10 days after your request is received. E file 2011 Internal Revenue Service 1201 N. E file 2011 Mitsubishi Motorway Bloomington, IL 61705-6613 Tax questions. E file 2011   If you have a tax question, check the information available on IRS. E file 2011 gov or call 1-800-829-1040. E file 2011 We cannot answer tax questions sent to either of the above addresses. E file 2011 Note. E file 2011 Forms filed electronically with the Department of Labor are not available on the IRS website. E file 2011 Instead, see www. E file 2011 efast. E file 2011 dol. E file 2011 gov. E file 2011 Prev  Up  Next   Home   More Online Publications