write a page answer the questions, references the accounting code

As the CFO of General Dynamo, you are very excited as you have just completed the negotiations related to the purchase of Apex Systems, a complimentary business to General Dynamo. The sole shareholder of Apex has agreed to either of the following purchase offers: A: General Dynamo will pay $10,000,000 for 100% of the outstanding stock of Apex OR B: General Dynamo will pay $11,000,000 for 100% of the \"net assets\" of Apex, which includes all tangible and intangible assets as well as all recorded liabilities. The fair value of the acquired assets and liabilities is as follows: Current Assets (Tangible) $2,500,000 Long Term Assets (Tangible) $4,000,000 Liabilities $3,500,000 Net Tangible Assets Acquired $3,000,000 Based solely on the \"net after-tax\" cost of the acquisition, which purchase offer should you choose: A or B? Why? Why does the seller require a higher price to be paid for acquiring \"net assets\" versus \"stock\"? What internal revenue service code section addresses how sales of assets versus sales of stock are taxed? What are the significant differences? What period may the goodwill be deducted for tax purposes? Why do you think the Internal Revenue Service treats these two purchase offers differently? Based solely on the \"net after-tax\" cost of the acquisition, which purchase offer should you choose: A or B? Why? Ans: With respect to the tax consequences, we should understand the type of corporation, we are acquiring and accordingly the tax implication keeps changing. But with a generic view, we may say that, the tax consequences towards purchase price of an asset transactions is more than that of a stock transactions. Hence we may opt for the \"option - A\" for this process. Why does the seller require a higher price to be paid for acquiring \"net assets\" versus \"stock\"? Ans: The seller requires paying a higher price to pay for acquiring the asset is because of the market value of the asset keeps increasing year on year. Also in acquiring assets, there will intangible assets like Goodwill which keeps increasing year on year as and when the firm is getting established itself. But when there is stock acquisition, we may not pay a higher amount cause; we pay the amount on the price of the stock in the market. Generally, the stock prices are not true representatives of the company assets. What internal revenue service code section addresses how sales of assets versus sales of stock are taxed? What are the significant differences? Ans: IRS publication gives all the details of sale of assets vs sale of stocks that are taxed. The details differ from type of entity to the other. What period may the goodwill be deducted for tax purposes? Why do you think the Internal Revenue Service treats these two purchase offers differently? Ans: A taxpayer shall be entitled to an amortization deduction with respect to any amortizable section 197 intangible. The amount of such deduction shall be determined by amortizing the adjusted basis (for purposes of determining gain) of such intangible ratably over the 15-year period beginning with the month in which such intangible was acquired. IRS treats these two purchases differently because of tax implications. URLs http://www.irs.gov/publications/p544/ch02.html http://www.irs.gov/publications/p544/ar01.html#en_US_2012_publink1000276618 http://www.irs.gov/pub/irs-pdf/p550.pdf http://www.law.cornell.edu/uscode/text/26/197 Department of the Treasury Internal Revenue Service Publication 554 Contents What's New . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Reminders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Cat. No. 15102R Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Tax Guide for Seniors Chapter 1. 2012 Filing Requirements . . . . . . . . . . 4 General Requirements . . . . . . . . . . . . . . . . . . . . 4 For use in preparing 2012 Returns Chapter 2. Taxable and Nontaxable Income Compensation for Services . . . . . . . . . . . . Retirement Plan Distributions . . . . . . . . . . . Social Security and Equivalent Railroad Retirement Benefits . . . . . . . . . . . . . . . Sickness and Injury Benefits . . . . . . . . . . . Life Insurance Proceeds . . . . . . . . . . . . . . Sale of Home . . . . . . . . . . . . . . . . . . . . . . Reverse Mortgages . . . . . . . . . . . . . . . . . Other Items . . . . . . . . . . . . . . . . . . . . . . . ..... 5 ..... 5 ..... 6 . . . . . . . . . . . . . . . . . . . . . . . . 12 14 16 17 18 18 Chapter 3. Adjustments to Income . . . . . . . . . . . 19 Individual Retirement Arrangement (IRA) Contributions and Deductions . . . . . . . . . . . . 20 Chapter 4. Deductions . . . . . . . . . . . . . . . . . . . . 20 Standard Deduction . . . . . . . . . . . . . . . . . . . . . 20 Itemized Deductions . . . . . . . . . . . . . . . . . . . . . 21 Chapter 5. Credits . . . . . . . . . . . . . . Credit for the Elderly or the Disabled Child and Dependent Care Credit . Earned Income Credit (EIC) . . . . . . .. . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 26 28 29 Chapter 6. Estimated Tax . . . . . . . . . . . . . . . . . . 31 Who Must Make Estimated Tax Payments . . . . . 32 How To Get Tax Help . . . . . . . . . . . . . . . . . . . . . . 32 Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 What's New Earned income credit. The maximum amount of income you can earn and still get the credit has increased. You may be able to take the credit if you earn less than: $13,980 ($19,190 if married filing jointly), do not have a qualifying child, and are at least 25 years old and under 65, $36,920 ($42,130 if married filing jointly), and you have one qualifying child, $41,952 ($47,162 if married filing jointly), and you have two qualifying children, or Get forms and other Information faster and easier by: Internet IRS.gov Jan 18, 2013 $45,060 ($50,270 if married filing jointly), and you have three or more qualifying children. For more information, see Earned Income Credit, later. Alternative minimum tax exemption increased. The AMT exemption amount is increased to $50,600 ($78,750 if married filing jointly or qualifying widow(er); $39,375 if married filing separately). Tax-free distributions from an IRA for charitable purposes. You can elect to treat a qualified charitable distribution (QCD) made in January 2013 as if it was made in 2012. Additionally, any portion of a distribution from an IRA in December 2012 contributed as cash (or cash equivalent) to a charity before February 1, 2013, can be treated as a QCD for 2012 if it meets certain requirements. Both these transactions can count towards your minimum required distributions for 2012. See Pub. 590, Individual Retirement Arrangements (IRAs), for more information. IRA contribution limit increased. For 2013, the most that can be contributed to your traditional IRA increased to $5,500 ($6,500 if you are age 50 or older at the end of 2013). Roth IRA contribution limit increased. For 2013, if contributions are made solely to your Roth IRA, the most that can be contributed increased to $5,500 ($6,500 if you are age 50 or older at the end of 2013). Reminders Future developments. For the latest information about developments related to Publication 554, such as legislation enacted after it was published, go to www.irs.gov/ pub554. Tax return preparers. Choose your preparer carefully. If you pay someone to prepare your return, the preparer is required, under the law, to sign the return and fill in the other blanks in the Paid Preparer's area of your return. Remember, however, that you are still responsible for the accuracy of every item entered on your return. If there is any underpayment, you are responsible for paying it, plus any interest and penalty that may be due. Sale of home by surviving spouse. If you are an unmarried widow or widower, you may qualify to exclude up to $500,000 of any gain from the sale or exchange of your main home. For more information, see Sale of Home, later. Third party designee. You can check the \"Yes\" box in the Third Party Designee area of your return to authorize the IRS to discuss your return with your preparer, a friend, family member, or any other person you choose. This allows the IRS to call the person you identified as your designee to answer any questions that may arise during the processing of your return. It also allows your designee to perform certain actions. See your income tax return instructions for details. Employment tax withholding. Your wages are subject to withholding for income tax, social security tax, and Medicare tax even if you are receiving social security benefits. Photographs of missing children. The Internal Revenue Service is a proud partner with the National Center for Missing and Exploited Children. Photographs of missing children selected by the Center may appear in this Page 2 publication on pages that would otherwise be blank. 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. Introduction The purpose of this publication is to provide a general overview of selected topics that are of interest to older taxpayers. The publication will help you determine if you need to file a return and, if so, what items to report on your return. Each topic is discussed only briefly, so you will find references to other free IRS publications that provide more detail on these topics if you need it. Table I has a list of questions you may have about filing your federal tax return. To the right of each question is the location of the answer in this publication. Also, at the back of this publication there is an index to help you search for the topic you need. While most federal income tax laws apply equally to all taxpayers, regardless of age, there are some provisions that give special treatment to older taxpayers. The following are some examples. Higher gross income threshold for filing. You must be age 65 or older at the end of the year to get this benefit. You are considered age 65 on the day before your 65th birthday. Therefore, you are considered age 65 at the end of the year if your 65th birthday is on or before January 1 of the following year. Higher standard deduction. If you do not itemize deductions, you are entitled to a higher standard deduction if you are age 65 or older at the end of the year. You are considered age 65 at the end of the year if your 65th birthday is on or before January 1 of the following year. Credit for the elderly or the disabled. If you qualify, you may benefit from the credit for the elderly or the disabled. To determine if you qualify and how to figure this credit, see Credit for the Elderly or the Disabled, later. Return preparation assistance. The IRS wants to make it easier for you to file your federal tax return. You may find it helpful to visit a Volunteer Income Tax Assistance (VITA), Tax Counseling for the Elderly (TCE), or American Association of Retired Persons (AARP) Tax-Aide site near you. Volunteer Income Tax Assistance and Tax Coun seling for the Elderly. These programs provide free help for low-income taxpayers and taxpayers age 60 or older to fill in and file their returns. For the VITA/TCE site nearest you, contact your local IRS office. For more information, see Free help with your tax return under How To Get Tax Help. For the location of an AARP Tax-Aide site in your community, call 1-888-227-7669. When asked, be ready to press in or speak your 5-digit ZIP code. Or, you can visit Publication 554 (2012) Table I. What You Should Know About Federal Taxes Note. The following is a list of questions you may have about filling out your federal income tax return. To the right of each question is the location of the answer in this publication. What I Should Know Where To Find the Answer Do I need to file a return? See chapter 1. Is my income taxable or nontaxable? If it is nontaxable, must I still report it? How do I report benefits I received from the Social Security Administration or the Railroad Retirement Board? Are these benefits taxable? Must I report the sale of my home? If I had a gain, is any part of it taxable? See chapter 2. See Social Security and Equivalent Railroad Retirement Benefits in chapter 2. See Sale of Home in chapter 2. What are some of the items that I can deduct to reduce my income? See chapters 3 and 4. How do I report the amounts I set aside for my IRA? See Individual Retirement Arrangement (IRA) Contributions and Deductions in chapter 3. Would it be better for me to claim the standard deduction or itemize my deductions? See chapter 4. What are some of the credits I can claim to reduce my tax? See chapter 5 for discussions on the credit for the elderly or the disabled, the child and dependent care credit, and the earned income credit. Must I make estimated tax payments? See chapter 6. How do I contact the IRS or get more information? See chapter 7. their website on the Internet at www.aarp.org/money/ taxaide. Comments and suggestions. We welcome your comments about this publication and your suggestions for future editions. You can write to us at the following address: Internal Revenue Service Individual and Specialty Forms and Publications Branch SE:W:CAR:MP:T:I 1111 Constitution Ave. NW, IR-6526 Washington, DC 20224 We respond to many letters by telephone. Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your correspondence. You can email us at taxforms@irs.gov. Please put \"Publications Comment\" on the subject line. You can also send us comments from www.irs.gov/formspubs/. Select Publication 554 (2012) \"Comment on Tax Forms and Publications\" under \"More Information.\" 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. Ordering forms and publications. Visit www.irs.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. Internal Revenue Service 1201 N. Mitsubishi Motorway Bloomington, IL 61705-6613 Tax questions. If you have a tax question, check the information available on IRS.gov or call 1-800-829-1040. We cannot answer tax questions sent to either of the above addresses. Page 3 1. 2012 Filing Requirements If income tax was withheld from your pay, or if you qualify for the earned income credit, the additional child tax credit, the health coverage tax credit, the refundable credit for prior year minimum tax, or the American opportunity credit, you should file a return to get a refund even if you are not otherwise required to file a return. Do not file a federal income tax return, if you do not meet the filing requirements and are not due a refund. If you need assistance to determine if you need to file a federal income tax return for 2012, go to IRS.gov and under the tab Tools, click on Use the Interactive Tax Assistant, then under Popular Topics click on Do I Need to File a Tax Return? TIP General Requirements If you are a U.S. citizen or resident, you must file a return if your gross income for the year was at least the amount shown on the appropriate line in Table 1-1. For other filing requirements, see the instructions for Form 1040, 1040A, or 1040-EZ, and Publication 501, Exemptions, Standard Deduction, and Filing Information, or go to IRS.gov. If you were a nonresident alien at any time during the year, the filing requirements that apply to you may be different from those that apply to U.S. citizens. See Publication 519, U.S. Tax Guide for Aliens. Gross income. Gross income is all income you receive in the form of money, goods, property, and services that is not exempt from tax. If you are married and live with your spouse in a community property state, half of any income defined by state law as community income may be considered yours. The community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. A registered domestic partner in Nevada, Washington, or California, (or a person in California who is married to a person of the same sex) generally must report half the combined community income of the individual and his or her domestic partner (or California same-sex spouse). For more information about community property, see Publication 555, Community Property. For more information on what to include in gross income, see chapter 2. Selfemployed persons. If you are self-employed in a business that provides services (where the production, Table 1-1. 2012 Filing Requirements Chart for Most Taxpayers Note. You must file a return if your gross income was at least the amount shown in the last column. AND at the end of 2012 you were*. . . THEN file a return if your gross income** was at least. . . Single under 65 $9,750 65 or older 11,200 under 65 12,500 65 or older 13,950 under 65 (both spouses) 19,500 65 or older (one spouse) 20,650 65 or older (both spouses) 21,800 . IF your filing status is. . . Head of household Married filing jointly *** Married filing separately any age 3,800 Qualifying widow(er) with dependent child under 65 15,700 65 or older 16,850 * ** *** If you were born before January 2, 1948, you are considered to be 65 or older at the end of 2012. Gross income means all income you received in the form of money, goods, property, and services that is not exempt from tax, including any income from sources outside the United States or from the sale of your main home (even if you can exclude part or all of it). Do not include any social security benefits unless (a) you are married filing separately and you lived with your spouse at any time in 2012 or (b) one-half of your social security benefits plus your other gross income and any tax-exempt interest is more than $25,000 ($32,000 if married filing jointly). If (a) or (b) applies, see the instructions for Form 1040 or Publication 915, Social Security Benefits and Equivalent Railroad Retirement Benefits, to figure the taxable part of social security benefits you must include in gross income. If you did not live with your spouse at the end of 2012 (or on the date your spouse died) and your gross income was at least $3,800, you must file a return regardless of your age. Page 4 Chapter 1 2012 Filing Requirements purchase, or sale of merchandise is not an income-producing factor), gross income from that business is the gross receipts. If you are self-employed in a business involving manufacturing, merchandising, or mining, gross income from that business is the total sales minus the cost of goods sold. Then, to this figure, you add any income from investments and from incidental or outside operations or sources. See Publication 334, Tax Guide for Small Business, for more information. Dependents. If you could be claimed as a dependent by another taxpayer (that is, you meet the dependency tests in Publication 501), special filing requirements apply. See Publication 501. Decedents A personal representative of a decedent's estate can be an executor, administrator, or anyone who is in charge of the decedent's property. If you are acting as the personal representative of a person who died during the year, you may have to file a final return for that decedent. You also have other duties, such as notifying the IRS that you are acting as the personal representative. Form 56, Notice Concerning Fiduciary Relationship, is available for this purpose. When you file a return for the decedent, either as the personal representative or as the surviving spouse, you should write \"DECEASED,\" the decedent's name, and the date of death across the top of the tax return. If no personal representative has been appointed by the due date for filing the return, the surviving spouse (on a joint return) should sign the return and write in the signature area \"Filing as surviving spouse.\" For more information, see Publication 559, Survivors, Executors, and Administrators. Surviving spouse. If you are the surviving spouse, the year your spouse died is the last year for which you can file a joint return with that spouse. After that, if you do not remarry, you must file as a qualifying widow(er) with dependent child, head of household, or single. For more information about each of these filing statuses, see Publication 501. If you remarry before the end of the year in which your spouse died, a final joint return with the deceased spouse cannot be filed. You can, however, file a joint return with your new spouse. In that case, the filing status of your deceased spouse for his or her final return is married filing separately. The level of income that requires you to file an in come tax return changes when your filing status CAUTION changes (see Table 11). Even if you and your deceased spouse were not required to file a return for several years, you may have to file a return for tax years after the year of death. For example, if your filing status changes from filing jointly in 2011 to single in 2012 be cause of the death of your spouse, and your gross income ! is $17,500 for both years, you must file a return for 2012 even though you did not have to file a return for 2011. 2. Taxable and Nontaxable Income Generally, income is taxable unless it is specifically exempt (not taxed) by law. Your taxable income may include compensation for services, interest, dividends, rents, royalties, income from partnerships, estate or trust income, gain from sales or exchanges of property, and business income of all kinds. Under special provisions of the law, certain items are partially or fully exempt from tax. Provisions that are of special interest to older taxpayers are discussed in this chapter. Compensation for Services Generally, you must include in gross income everything you receive in payment for personal services. In addition to wages, salaries, commissions, fees, and tips, this includes other forms of compensation such as fringe benefits and stock options. You need not receive the compensation in cash for it to be taxable. Payments you receive in the form of goods or services generally must be included in gross income at their fair market value. Volunteer work. Do not include in your gross income amounts you receive for supportive services or reimbursements for out-of-pocket expenses under any of the following volunteer programs. Retired Senior Volunteer Program (RSVP). Foster Grandparent Program. Senior Companion Program. Service Corps of Retired Executives (SCORE). Unemployment compensation. You must include in income all unemployment compensation you or your spouse (if married filing jointly) received. More information. See Publication 525, Taxable and Nontaxable Income, for more detailed information on specific types of income. Chapter 2 Taxable and Nontaxable Income Page 5 Retirement Plan Distributions This section summarizes the tax treatment of amounts you receive from traditional individual retirement arrangements (IRA), employee pensions or annuities, and disability pensions or annuities. A traditional IRA is any IRA that is not a Roth or SIMPLE IRA. A Roth IRA is an individual retirement plan that can be either an account or an annuity and features nondeductible contributions and tax-free distributions. A SIMPLE IRA is a tax-favored retirement plan that certain small employers (including self-employed individuals) can set up for the benefit of their employees. More detailed information can be found in Publication 590, Individual Retirement Arrangements (IRAs), and Publication 575, Pension and Annuity Income. Individual Retirement Arrangements (IRAs) In general, distributions from a traditional IRA are taxable in the year you receive them. Exceptions to the general rule are rollovers, tax-free withdrawals of contributions, and the return of nondeductible contributions. These are discussed in Publication 590. If you made nondeductible contributions to a tra ditional IRA, you must file Form 8606, Nondeduc tible IRAs. If you do not file Form 8606 with your return, you may have to pay a $50 penalty. Also, when you receive distributions from your traditional IRA, the amounts will be taxed unless you can show, with satisfac tory evidence, that nondeductible contributions were made. TIP Early distributions. Generally, early distributions are amounts distributed from your traditional IRA account or annuity before you are age 591 2, or amounts you receive when you cash in retirement bonds before you are age 591 2. You must include early distributions of taxable amounts in your gross income. These taxable amounts are also subject to an additional 10% tax unless the distribution qualifies for an exception. See Tax on Early Distri butions, later. After age 591 2 and before age 701 2. After you reach age 591 2, you can receive distributions from your traditional IRA without having to pay the 10% additional tax. Even though you can receive distributions after you reach age 591 2, distributions are not required until April 1 of the year following the year in which you reach age 701 2. Required distributions. If you are the owner of a traditional IRA, you must receive the entire balance in your IRA or start receiving periodic distributions from your IRA by April 1 of the year following the year in which you reach age 701 2. See When Must You Withdraw Assets? (Re quired Minimum Distributions) in Publication 590. If distributions from your traditional IRA(s) are less than the required minimum distribution for the year, you may have to pay a 50% excise tax for that year on the amount not disPage 6 Chapter 2 Taxable and Nontaxable Income tributed as required. See Tax on Excess Accumulation, later. See also Excess Accumulations (Insufficient Distri butions) in Publication 590. Pensions and Annuities Generally, if you did not pay any part of the cost of your employee pension or annuity, and your employer did not withhold part of the cost of the contract from your pay while you worked, the amounts you receive each year are fully taxable. However, see Insurance Premiums for Re tired Public Safety Officers, later. If you paid part of the cost of your pension or annuity plan (see Cost, later), you can exclude part of each annuity payment from income as a recovery of your cost (investment in the contract). This tax-free part of the payment is figured when your annuity starts and remains the same each year, even if the amount of the payment changes. The rest of each payment is taxable. However, see Insurance Premiums for Retired Public Safety Offi cers, later. You figure the tax-free part of the payment using one of the following methods. Simplified Method. You generally must use this method if your annuity is paid under a qualified plan (a qualified employee plan, a qualified employee annuity, or a tax-sheltered annuity plan or contract). You cannot use this method if your annuity is paid under a nonqualified plan. General Rule. You must use this method if your annuity is paid under a nonqualified plan. You generally cannot use this method if your annuity is paid under a qualified plan. TIP Contact your employer or plan administrator to find out if your pension or annuity is paid under a qualified or nonqualified plan. You determine which method to use when you first begin receiving your annuity, and you continue using it each year that you recover part of your cost. Exclusion limit. If your annuity starting date is after 1986, the total amount of annuity income you can exclude over the years as a recovery of the cost cannot exceed your total cost. Any unrecovered cost at your (or the last annuitant's) death is allowed as a miscellaneous itemized deduction on the final return of the decedent. This deduction is not subject to the 2%-of-adjusted-gross-income limit on miscellaneous deductions. If you contributed to your pension or annuity and your annuity starting date is before 1987, you can continue to take your monthly exclusion for as long as you receive your annuity. If you chose a joint and survivor annuity, your survivor can continue to take the survivor's exclusion figured as of the annuity starting date. The total exclusion may be more than your cost. Cost. Before you can figure how much, if any, of your pension or annuity benefits are taxable, you must determine your cost in the plan (your investment in the contract). Your total cost in the plan includes everything that you paid. It also includes amounts your employer contributed that were taxable to you when paid. However, see Foreign employment contributions, next. From this total cost, subtract any refunded premiums, rebates, dividends, unrepaid loans, or other tax-free amounts you received by the later of the annuity starting date or the date on which you received your first payment. The annuity starting date is the later of the first day of the first period for which you received a payment from the plan or the date on which the plan's obligations became fixed. The amount of your contributions to the plan may be shown in box 9b of any Form 1099R, Distri butions From Pensions, Annuities, Retirement or ProfitSharing Plans, IRAs, Insurance Contracts, etc., that you receive. TIP Foreign employment contributions. If you worked abroad, certain amounts your employer paid into your retirement plan that were not includible in your gross income may be considered part of your cost. For details, see For eign employment contributions in Publication 575. Withholding. The payer of your pension, profit-sharing, stock bonus, annuity, or deferred compensation plan will withhold income tax on the taxable part of amounts paid to you. However, you can choose not to have tax withheld on the payments you receive, unless they are eligible rollover distributions. (These are distributions that are eligible for rollover treatment but are not paid directly to another qualified retirement plan or to a traditional IRA.) See With holding Tax and Estimated Tax and Rollovers in Publication 575 for more information. For payments other than eligible rollover distributions, you can tell the payer how much to withhold by filing a Form W-4P, Withholding Certificate for Pension or Annuity Payments. Simplified Method. Under the Simplified Method, you figure the tax-free part of each annuity payment by dividing your cost by the total number of anticipated monthly payments. For an annuity that is payable over the lives of the annuitants, this number is based on the annuitants' ages on the annuity starting date and is determined from a table. For any other annuity, this number is the number of monthly annuity payments under the contract. Who must use the Simplified Method. You must use the Simplified Method if your annuity starting date is after November 18, 1996, and you receive your pension or annuity payments from a qualified plan or annuity, unless you were at least 75 years old and entitled to at least 5 years of guaranteed payments (defined next). In addition, if your annuity starting date is after July 1, 1986, and before November 19, 1996, you could have chosen to use the Simplified Method for payments from a qualified plan, unless you were at least 75 years old and entitled to at least 5 years of guaranteed payments. If you chose to use the Simplified Method, you must continue to use it each year that you recover part of your cost. Guaranteed payments. Your annuity contract provides guaranteed payments if a minimum number of payments or a minimum amount (for example, the amount of your investment) is payable even if you and any survivor annuitant do not live to receive the minimum. If the minimum amount is less than the total amount of the payments you are to receive, barring death, during the first 5 years after payments begin (figured by ignoring any payment increases), you are entitled to less than 5 years of guaranteed payments. Who cannot use the Simplified Method. You cannot use the Simplified Method and must use the General Rule if you receive pension or annuity payments from: A nonqualified plan, such as a private annuity, a purchased commercial annuity, or a nonqualified employee plan, or A qualified plan if you are age 75 or older on your annuity starting date and you are entitled to at least 5 years of guaranteed payments (defined above). In addition, you had to use the General Rule for either circumstance described above if your annuity starting date is after July 1, 1986, and before November 19, 1996. If you did not have to use the General Rule, you could have chosen to use it. You also had to use the General Rule for payments from a qualified plan if your annuity starting date is before July 2, 1986, and you did not qualify to use the Three-Year Rule. If you had to use the General Rule (or chose to use it), you must continue to use it each year that you recover your cost. Unless your annuity starting date was before 1987, once you have recovered all of your non-taxable investment, all of each remaining payment you receive is fully taxable. There is no longer a concern with the General Rule or Simplified Method. Complete information on the General Rule, including the actuarial tables you need, is contained in Publication 939, General Rule for Pensions and Annuities. How to use the Simplified Method. Complete the Simplified Method Worksheet in the Form 1040, Form 1040A, or Form 1040NR Instructions or in Publication 575 to figure your taxable annuity for 2012. Be sure to keep the completed worksheet; it will help you figure your taxable annuity next year. To complete line 3 of the worksheet, you must determine the total number of expected monthly payments for your annuity. How you do this depends on whether the annuity is for a single life, multiple lives, or a fixed period. For this purpose, treat an annuity that is payable over the life of an annuitant as payable for that annuitant's life even if the annuity has a fixed-period feature or also provides a temporary annuity payable to the annuitant's child under age 25. Chapter 2 Taxable and Nontaxable Income Page 7 You do not need to complete line 3 of the work sheet or make the computation on line 4 if you re ceived annuity payments last year and used last year's worksheet to figure your taxable annuity. Instead, enter the amount from line 4 of last year's worksheet on line 4 of this year's worksheet. TIP Singlelife annuity. If your annuity is payable for your life alone, use Table 1 at the bottom of the worksheet to determine the total number of expected monthly payments. Enter on line 3 the number shown for your age on your annuity starting date. This number will differ depending on whether your annuity starting date is before November 19, 1996, or after November 18, 1996. Multiplelives annuity. If your annuity is payable for the lives of more than one annuitant, use Table 2 at the bottom of the worksheet to determine the total number of expected monthly payments. Enter on line 3 the number shown for the annuitants' combined ages on the annuity starting date. For an annuity payable to you as the primary annuitant and to more than one survivor annuitant, combine your age and the age of the youngest survivor annuitant. For an annuity that has no primary annuitant and is payable to you and others as survivor annuitants, combine the ages of the oldest and youngest annuitants. Do not treat as a survivor annuitant anyone whose entitlement to payments depends on an event other than the primary annuitant's death. However, if your annuity starting date is before 1998, do not use Table 2 and do not combine the annuitants' ages. Instead, you must use Table 1 at the bottom of the worksheet and enter on line 3 the number shown for the primary annuitant's age on the annuity starting date. This number will differ depending on whether your annuity starting date is before November 19, 1996, or after November 18, 1996. Fixedperiod annuities. If your annuity does not depend in whole or in part on anyone's life expectancy, the total number of expected monthly payments to enter on line 3 of the worksheet is the number of monthly annuity payments under the contract. Line 6. The amount on line 6 should include all amounts that could have been recovered in prior years. If you did not recover an amount in a prior year, you may be able to amend your returns for the affected years. TIP Be sure to keep a copy of the completed work sheet; it will help you figure your taxable annuity in later years. Example. Bill Smith, age 65, began receiving retirement benefits in 2012, under a joint and survivor annuity. Bill's annuity starting date is January 1, 2012. The benefits are to be paid over the joint lives of Bill and his wife, Kathy, age 65. Bill had contributed $31,000 to a qualified plan and had received no distributions before the annuity starting date. Bill is to receive a retirement benefit of $1,200 a month, and Kathy is to receive a monthly survivor benefit of $600 upon Bill's death. Page 8 Chapter 2 Taxable and Nontaxable Income Bill must use the Simplified Method to figure his taxable annuity because his payments are from a qualified plan and he is under age 75. See the illustrated Worksheet 2-A, Simplified Method Worksheet, later. You can also find a blank version of this worksheet in Publication 575. His annuity is payable over the lives of more than one annuitant, so Bill uses his and Kathy's combined ages, 130 (65 + 65), and Table 2 at the bottom of the worksheet in completing line 3 of the worksheet and finds the line 3 amount to be 310. Bill's tax-free monthly amount is $100 ($31,000 310 as shown on line 4 of the worksheet). Upon Bill's death, if Bill has not recovered the full $31,000 investment, Kathy will also exclude $100 from her $600 monthly payment. The full amount of any annuity payments received after 310 payments are paid must generally be included in gross income. If Bill and Kathy die before 310 payments are made, a miscellaneous itemized deduction will be allowed for the unrecovered cost on the final income tax return of the last to die. This deduction is not subject to the 2%-of-adjusted-gross-income limit. Survivors of retirees. Benefits paid to you as a survivor under a joint and survivor annuity must be included in your gross income in the same way the retiree would have included them in gross income. If you receive a survivor annuity because of the death of a retiree who had reported the annuity under the Three-Year Rule, include the total received in your income. The retiree's cost has already been recovered tax free. If the retiree was reporting the annuity payments under the General Rule, you must apply the same exclusion percentage the retiree used to your initial payment called for in the contract. The resulting tax-free amount will then remain fixed. Any increases in the survivor annuity are fully taxable. If the retiree was reporting the annuity payments under the Simplified Method, the part of each payment that is tax free is the same as the tax-free amount figured by the retiree at the annuity starting date. See Simplified Method, earlier. How to report. If you file Form 1040, report your total annuity on line 16a, and the taxable part on line 16b. If your pension or annuity is fully taxable, enter it on line 16b. Do not make an entry on line 16a. If you file Form 1040A, report your total annuity on line 12a, and the taxable part on line 12b. If your pension or annuity is fully taxable, enter it on line 12b. Do not make an entry on line 12a. If you file Form 1040NR, report your total annuity on line 17a, and the taxable part on line 17b. If your pension or annuity is fully taxable, enter it on line 17b. Do not make an entry on line 17a. Example. You are a Form 1040 filer and you received monthly payments totaling $1,200 (12 months x $100) during 2012 from a pension plan that was completely financed by your employer. You had paid no tax on the payments that your employer made to the plan, and the payments were not used to pay for accident, health, or Worksheet 2-A. Simplified Method WorksheetIllustrated Keep for Your Records 1. Enter the total pension or annuity payments received this year. Also, add this amount to the total for Form 1040, line 16a; Form 1040A, line 12a; or Form 1040NR, line 17a . . . . . . . . . . . . . . . . . . . . . . . . . . 2. Enter your cost in the plan (contract) at the annuity starting date plus any death benefit exclusion* . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Note. If your annuity starting date was before this year and you completed this worksheet last year, skip line 3 and enter the amount from line 4 of last year's worksheet on line 4 below. Otherwise, go to line 3. 3. Enter the appropriate number from Table 1 below. But if your annuity starting date was after 1997 and the payments are for your life and that of your beneficiary, enter the appropriate number from Table 2 below . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. Divide line 2 by line 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. Multiply line 4 by the number of months for which this year's payments were made. If your annuity starting date was before 1987, enter this amount on line 8 below and skip lines 6, 7, 10, and 11. Otherwise, go to line 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. Enter any amount previously recovered tax free in years after 1986. This is the amount shown on line 10 of your worksheet for last year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7. Subtract line 6 from line 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8. Enter the smaller of line 5 or line 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9. Taxable amount for year. Subtract line 8 from line 1. Enter the result, but not less than zero. Also, add this amount to the total for Form 1040, line 16b; Form 1040A, line 12b; or Form 1040NR, line 17b. Note. If your Form 1099-R shows a larger taxable amount, use the amount on this line instead. If you are a retired public safety officer, see Insurance Premiums for Retired Public Safety Officers, later, before entering an amount on your tax return. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10. Was your annuity starting date before 1987? Yes. STOP. Do not complete the rest of this worksheet. 1. $ 14,400 2. 31,000 3. 310 4. 100 5. 1,200 6. 0 7. 31,000 8. 1,200 9. $ 13,200 No. Add lines 6 and 8. This is the amount you have recovered tax free through 2012. You will need this number if you need to fill out this worksheet next year. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10. 11. Balance of cost to be recovered. Subtract line 10 from line 2. If zero, you will not have to complete this worksheet next year. The payments you receive next year will generally be fully taxable . . . . . . . . 11. 1,200 $ 29,800 * A death benefit exclusion (up to $5,000) applied to certain benefits received by employees who died before August 21, 1996. Table 1 for Line 3 Above AND your annuity starting date was IF your age on your annuity starting date was . . . 55 or under 56-60 61-65 66-70 71 or over before November 19, 1996, THEN enter on line 3 . . . 300 260 240 170 120 after November 18, 1996, THEN enter on line 3 . . . 360 310 260 210 160 Table 2 for Line 3 Above IF the annuitants' combined ages on your annuity starting date were . . . 110 or under 111-120 121-130 131-140 141 or over THEN enter on line 3 . . . 410 360 310 260 210 Chapter 2 Taxable and Nontaxable Income Page 9 long-term care insurance premiums (as discussed later under Insurance Premiums for Retired Public Safety Offi cers). The entire $1,200 is taxable. You include $1,200 only on Form 1040, line 16b. Joint return. If you file a joint return and you and your spouse each receive one or more pensions or annuities, report the total of the pensions and annuities on line 16a of Form 1040, line 12a of Form 1040A, or line 17a of Form 1040NR. Report the total of the taxable parts on line 16b of Form 1040, line 12b of Form 1040A, or line 17b of Form 1040NR. Form 1099R. You should receive a Form 1099-R for your pension or annuity. Form 1099-R shows your pension or annuity for the year and any income tax withheld. You should receive a Form W-2 if you receive distributions from certain nonqualified plans. You must attach Forms 1099R or Forms W2 to your 2012 tax return if federal income tax was CAUTION withheld. Generally, you should be sent these forms by January 31, 2013. ! Nonperiodic Distributions If you receive a nonperiodic distribution from your retirement plan, you may be able to exclude all or part of it from your income as a recovery of your cost. Nonperiodic distributions include cash withdrawals, distributions of current earnings (dividends) on your investment, and certain loans. For information on how to figure the taxable amount of a nonperiodic distribution, see Taxation of Nonperiodic Payments in Publication 575. ! CAUTION The taxable part of a nonperiodic distribution may be subject to an additional 10% tax. See Tax on Early Distributions, later. Lump-sum distributions. If you receive a lump-sum distribution from a qualified employee plan or qualified employee annuity and the plan participant was born before January 2, 1936, you may be able to elect optional methods of figuring the tax on the distribution. The part from active participation in the plan before 1974 may qualify as capital gain subject to a 20% tax rate. The part from participation after 1973 (and any part from participation before 1974 that you do not report as capital gain) is ordinary income. You may be able to use the 10-year tax option to figure tax on the ordinary income part. Form 1099R. If you receive a total distribution from a plan, you should receive a Form 1099-R. If the distribution qualifies as a lump-sum distribution, box 3 shows the capital gain part of the distribution. The amount in box 2a, Taxable amount, minus the amount in box 3, Capital gain, is the ordinary income part. More information. For more detailed information on lump-sum distributions, see Publication 575 or Form 4972, Tax on Lump-Sum Distributions. Tax on Early Distributions Most distributions you receive from your qualified retirement plan and nonqualified annuity contracts before you reach age 591 2 are subject to an additional tax of 10%. The tax applies to the taxable part of the distribution. For this purpose, a qualified retirement plan is: A qualified employee plan, A qualified employee annuity plan, A tax-sheltered annuity plan (403(b) plan), An IRA, or An eligible state or local government section 457 deferred compensation plan (to the extent that any distribution is attributable to amounts the plan received in a direct transfer or rollover from one of the other plans listed here). General exceptions to tax. The early distribution tax does not apply to any distributions that are: Made as part of a series of substantially equal periodic payments (made at least annually) for your life (or life expectancy) or the joint lives (or joint life expectancies) of you and your designated beneficiary (if from a qualified retirement plan, the payments must begin after separation from service), Made because you are totally and permanently disabled, or Made on or after the death of the plan participant or contract holder. Additional exceptions. There are additional exceptions to the early distribution tax for certain distributions from qualified retirement plans and nonqualified annuity contracts. See Publication 575 for details. Reporting tax. If you owe only the tax on early distributions and distribution code 1 (early distribution, no known exception) is correctly shown in Form 1099-R, box 7, multiply the taxable part of the early distribution by 10% (.10) and enter the result on Form 1040, line 58, or Form 1040NR, line 56. See the instructions for line 58 of Form 1040 or line 56 of Form 1040NR for more information about reporting the early distribution tax. Tax on Excess Accumulation To make sure that most of your retirement benefits are paid to you during your lifetime, rather than to your beneficiaries after your death, the payments that you receive from qualified retirement plans must begin no later than your required beginning date. Unless the rule for 5% owners applies, this is generally April 1 of the year that follows the later of: The calendar year in which you reach age 701 2, or The calendar year in which you retire from employment with the employer maintaining the plan. Page 10 Chapter 2 Taxable and Nontaxable Income However, your plan may require you to begin to receive payments by April 1 of the year that follows the year in which you reach 701 2, even if you have not retired. For this purpose, a qualified retirement plan includes: A qualified employee plan, A qualified employee annuity plan, An eligible section 457 deferred compensation plan, or A tax-sheltered annuity plan (403(b) plan) (for benefits accruing after 1986). TIP An excess accumulation is the undistributed re mainder of the required minimum distribution that was left in your qualified retirement plan. 5% owners. If you own (or are considered to own under section 318 of the Internal Revenue Code) more than 5% of the company maintaining your qualified retirement plan, you must begin to receive distributions from the plan by April 1 of the year after the calendar year in which you reach age 701 2. See Publication 575 for more information. Amount of tax. If you do not receive the required minimum distribution, you are subject to an additional tax. The tax equals 50% of the difference between the amount that must be distributed and the amount that was distributed during the tax year. You can get this excise tax excused if you establish that the shortfall in distributions was due to reasonable error and that you are taking reasonable steps to remedy the shortfall. Form 5329. You must file a Form 5329 if you owe a tax because you did not receive a minimum required distribution from your qualified retirement plan. Additional information. For more detailed information on the tax on excess accumulation, see Publication 575. Insurance Premiums for Retired Public Safety Officers If you are an eligible retired public safety officer (law enforcement officer, firefighter, chaplain, or member of a rescue squad or ambulance crew), you can elect to exclude from income distributions made from your eligible retirement plan that are used to pay the premiums for accident or health insurance or long-term care insurance. The premiums can be for coverage for you, your spouse, or dependent(s). The distribution must be made directly from the plan to the insurance provider. You can exclude from income the smaller of the amount of the insurance premiums or $3,000. You can only make this election for amounts that would otherwise be included in your income. The amount excluded from your income cannot be used to claim a medical expense deduction. An eligible retirement plan is a governmental plan that is a: Qualified trust, Section 403(a) plan, Section 403(b) annuity, or Section 457(b) plan. If you make this election, reduce the otherwise taxable amount of your pension or annuity by the amount excluded. The taxable amount shown in box 2a of any Form 1099-R that you receive does not reflect the exclusion. Report your total distributions on Form 1040, line 16a; Form 1040A, line 12a; or Form 1040NR, line 17a. Report the taxable amount on Form 1040, line 16b; Form 1040A, line 12b; or Form 1040NR, line 17b. Enter \"PSO\" next to the appropriate line on which you report the taxable amount. Railroad Retirement Benefits Benefits paid under the Railroad Retirement Act fall into two categories. These categories are treated differently for income tax purposes. Social security equivalent benefits. The first category is the amount of tier 1 railroad retirement benefits that equals the social security benefit that a railroad employee or beneficiary would have been entitled to receive under the social security system. This part of the tier 1 benefit is the social security equivalent benefit (SSEB) and is treated for tax purposes like social security benefits. (See So cial Security and Equivalent Railroad Retirement Benefits, later.) Non-social security equivalent benefits. The second category contains the rest of the tier 1 benefits, called the non-social security equivalent benefit (NSSEB). It also contains any tier 2 benefit, vested dual benefit (VDB), and supplemental annuity benefit. This category of benefits is treated as an amount received from a qualified employee plan. This allows for the tax-free (nontaxable) recovery of employee contributions from the tier 2 benefits and the NSSEB part of the tier 1 benefits. Vested dual benefits and supplemental annuity benefits are non-contributory pensions and are fully taxable. More information. For more information about railroad retirement benefits, see Publication 575. Military Retirement Pay Military retirement pay based on age or length of service is taxable and must be included in income as a pension on Form 1040, lines 16a and 16b; on Form 1040A, lines 12a and 12b; or on Form 1040NR, lines 17a and 17b. But, certain military and government disability pensions that are based on a percentage of disability from active service Chapter 2 Taxable and Nontaxable Income Page 11 in the Armed Forces of any country generally are not taxable. For more information, including information about veterans' benefits and insurance, see Publication 525. Social Security and Equivalent Railroad Retirement Benefits This discussion explains the federal income tax rules for social security benefits and equivalent tier 1 railroad retirement benefits. Social security benefits include monthly retirement, survivor, and disability benefits. They do not include supplemental security income (SSI) payments, which are not taxable. Equivalent tier 1 railroad retirement benefits are the part of tier 1 benefits that a railroad employee or beneficiary would have been entitled to receive under the social security system. They commonly are called the social security equivalent benefit (SSEB) portion of tier 1 benefits. If you received these benefits during 2012, you should have received a Form SSA-1099 or Form RRB-1099 (Form SSA-1042S or Form RRB-1042S if you are a nonresident alien), showing the amount of the benefits. Are Any of Your Benefits Taxable? Note. When the term \"benefits\" is used in this section, it applies to both social security benefits and the SSEB portion of tier 1 railroad retirement benefits. To find out whether any of your benefits may be taxable, compare the base amount for your filing status (explained later) with the total of: One-half of your benefits, plus All your other income, including tax-exempt interest. When making this comparison, do not reduce your other income by any exclusions for: Interest from qualified U.S. savings bonds, Employer-provided adoption benefits, Foreign earned income or foreign housing, Income earned in American Samoa or Puerto Rico by bona fide residents, Deductions for domestic production activities, or Interest paid on student loans, or Qualified education tuition and fees. Figuring total income. To figure the total of one-half of your benefits plus your other income, use Worksheet 2-B. If that total amount is more than your base amount, part of your benefits may be taxable. Page 12 Chapter 2 Taxable and Nontaxable Income If you are married and file a joint return for 2012, you and your spouse must combine your incomes and your benefits to figure whether any of your combined benefits are taxable. Even if your spouse did not receive any benefits, you must add your spouse's income to yours to figure whether any of your benefits are taxable. If the only income you received during 2012 was your social security or the SSEB portion of tier 1 railroad retirement benefits, your benefits gener ally are not taxable and you probably do not have to file a return. If you have income in addition to your benefits, you may have to file a return even if none of your benefits are taxable. TIP Base Amount Your base amount is: $25,000 if you are single, head of household, or qualifying widow(er) with dependent child, $25,000 if you are married filing separately and lived apart from your spouse for all of 2012, $32,000 if you are married filing jointly, or $0 if you are married filing separately and lived with your spouse at any time during 2012. Repayment of Benefits Any repayment of benefits you made during 2012 must be subtracted from the gross benefits you received in 2012. It does not matter whether the repayment was for a benefit you received in 2012 or in an earlier year. If you repaid more than the gross benefits you received in 2012, see Repayments More Than Gross Benefits, later. Your gross benefits are shown in box 3 of Form SSA-1099 or Form RRB-1099. Your repayments are shown in box 4. The amount in box 5 shows your net benefits for 2012 (box 3 minus box 4). Use the amount in box 5 to figure whether any of your benefits are taxable. Tax Withholding and Estimated Tax You can choose to have federal income tax withheld from your social security and/or the SSEB portion of your tier 1 railroad retirement benefits. If you choose to do this, you must complete a Form W-4V, Voluntary Withholding Request. You can choose withholding at 7%, 10%, 15%, or 25% of your total benefit payment. If you do not choose to have income tax withheld, you may have to request additional withholding from other income, or pay estimated tax during the year. For details, see Publication 505, Tax Withholding and Estimated Tax, or the instructions for Form 1040-ES, Estimated Tax for Individuals. How Much Is Taxable? If part of your benefits is taxable, how much is taxable depends on the total amount of your benefits and other income. Generally, the higher that total amount, the greater the taxable part of your benefits. ered by a retirement plan at work. In this situation, you must use the special worksheets in Appendix B of Publication 590 to figure both your IRA deduction and your taxable benefits. 2. Situation (1) does not apply and you take one or more of the following exclusions: Maximum taxable part. The taxable part of your benefits usually cannot be more than 50%. However, up to 85% of your benefits can be taxable if either of the following situations applies to you. Interest from qualified U.S. savings bonds (Form 8815), Employer-provided adoption benefits (Form 8839), The total of one-half of your benefits and all your other income is more than $34,000 ($44,000 if you are married filing jointly). Foreign earned income or housing (Form 2555 or Form 2555-EZ), Income earned in American Samoa (Form 4563) or Puerto Rico by bona fide residents, You are married filing separately and lived with your spouse at any time during 2012. Deductions for domestic production activities, or If you are a nonresident alien, 85% of your benefits are taxable. However, this income is exempt under some tax treaties. Which worksheet to use. A worksheet to figure your taxable benefits is in the instructions for your Form 1040 or 1040A. However, you will need to use a different worksheet(s) if any of the following situations applies to you. 1. You contributed to a traditional individual retirement arrangement (IRA) and you or your spouse were cov- Worksheet 2-B. A. Interest paid on student loans. Qualified education tuition and fees. In these situations, you must use Worksheet 1 in Publication 915, Social Security and Equivalent Railroad Retirement Benefits, to figure your taxable benefits. Are Any of Your Benefits Taxable? Keep for Your Records Enter the amount from box 5 of all your Forms SSA-1099 and RRB-1099. Include the full amount of any lump-sum benefit payments received in 2012, for 2012 and earlier years. (If you received more than one form, combine the amounts from box 5 and enter the total.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A. Note. If the amount on line A is zero or less, stop here; none of your benefits are taxable this year. B. Enter one-half of the amount on line A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B. C. Enter your taxable pensions, wages, interest, dividends, and other taxable income . . . . . . . . C. D. Enter any tax-exempt interest income (such as interest on municipal bonds) plus any exclusions from income for: Interest from qualified U.S. savings bonds, Employer-provided adoption benefits, Foreign earned income or foreign housing, Income earned in American Samoa or Puerto Rico by bona fide residents, Deductions for domestic production activities, or Interest paid on student loans Qualified education tuition and fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D. E. Add lines B, C, and D and enter the total .......................................... E. F. If you are: Married filing jointly, enter $32,000 Single, head of household, qualifying widow(er), or married filing separately and you lived apart from your spouse for all of 2012, enter $25,000 Married filing separately and you lived with your spouse at any time during 2012, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F. G. Is the amount on line F less than or equal to the amount on line E? No. None of your benefits are taxable this year. Yes. Some of your benefits may be taxable. To figure how much of your benefits are taxable, see Which worksheet to use under How Much Is Taxable, above. Chapter 2 Taxable and Nontaxable Income Page 13 3. You received a lump-sum payment for an earlier year. In this situation, also complete Worksheet 2 or 3 and Worksheet 4 in Publication 915. See LumpSum Elec tion, later. How To Report Your Benefits If part of your benefits are taxable, you must use Form 1040, Form 1040A, or Form 1040NR. You cannot use Form 1040EZ. Reporting on Form 1040. Report your net benefits (the amount in box 5 of your Form SSA-1099 or Form RRB-1099) on line 20a and the taxable part on line 20b. If you are married filing separately and you lived apart from your spouse for all of 2012, also enter \"D\" to the right of the word \"benefits\" on line 20a. Reporting on Form 1040A. Report your net benefits (the amount in box 5 of your Form SSA-1099 or Form RRB-1099) on line 14a and the taxable part on line 14b. If you are married filing separately and you lived apart from your spouse for all of 2012, also enter \"D\" to the right of the word \"benefits\" on line 14a. Reporting on Form 1040NR. Report 85% of the total amount of your benefits (box 5 of your Form SSA-1042S or Form RRB-1042S) in the appropriate column of Form 1040NR, Schedule NEC, line 8. Benefits not taxable. If you are filing Form 1040EZ, do not report any benefits on your tax return. If you are filing Form 1040 or Form 1040A, report your net benefits (the amount in box 5 of your Form SSA-1099 or Form RRB-1099) on Form 1040, line 20a, or Form 1040A, line 14a. Enter -0- on Form 1040, line 20b, or Form 1040A, line 14b. If you are married filing separately and you lived apart from your spouse for all of 2012, also enter \"D\" to the right of the word \"benefits\" on Form 1040, line 20a, or Form 1040A, line 14a. Lump-Sum Election You must include the taxable part of a lump-sum (retroactive) payment of benefits received in 2012 in your 2012 income, even if the payment includes benefits for an earlier year. This type of lumpsum benefit payment should not be confused with the lumpsum death benefit that both the SSA and RRB pay to many of their beneficiaries. No part of the lumpsum death benefit is subject to tax. For more information about the lumpsum death benefit, visit the Social Security Administration web site at www.SSA.gov, and use keyword: death benefit. TIP Generally, you use your 2012 income to figure the taxable part of the total benefits received in 2012. However, you may be able to figure the taxable part of a lump-sum payment for an earlier year separately, using your income for the earlier year. You can elect this method if it lowers Page 14 Chapter 2 Taxable and Nontaxable Income your taxable benefits. See Publication 915 for more information. Repayments More Than Gross Benefits In some