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US Internal Revenue Service: p553 - 1999
US Internal Revenue Service: p553 - 1999
This provision does not apply if all the positions are Tax Payment by Credit Card
marked to market. Marked to market rules for section You can now pay the IRS by credit card (American
1256 contracts are discussed in detail in chapter 4 of Express䊛 Card, MasterCard䊛, or Discover䊛 Card) for
Publication 550, Investment Income and Expenses. the following.
Financial asset. A financial asset, for this purpose, is • Tax owed on your 1999 tax return.
any equity interest in a pass-through entity. Pass- • Tax owed when you request an extension of time
through entities include partnerships, S corporations, to file your 1999 tax return.
trusts, regulated investment companies, and real estate
investment trusts. • Estimated tax payments for 2000.
Amount of ordinary income. Long-term capital gain You must make each payment separately. For ex-
is treated as ordinary income to the extent it is more ample, do not include your estimated tax payment for
than the net underlying long-term capital gain. The 2000 with your payment of tax owed on your 1999 tax
net underlying long-term capital gain is the amount of return.
net capital gain you would have realized if you acquired For information on how to make these payments by
the asset for its fair market value on the date the con- credit card, see your tax form instructions.
structive ownership transaction was opened, and sold
the asset for its fair market value on the date the Interest Netting
transaction was closed. If you do not establish the
Effective for interest accruing on or after October 1,
amount of net underlying long-term capital gain by clear
1998, if you owe interest to the IRS on an underpay-
and convincing evidence, it is treated as zero.
ment for the same period of time that the IRS owes you
interest on an overpayment, you are charged interest
More information. For more information, see section on the underpayment (up to the amount of the over-
1260 of the Internal Revenue Code. payment) at the rate of interest on the overpayment for
the period of overlap. As a result, the net rate is zero
Installment Method of Accounting for that period.
The following 1999 tax changes affect taxpayers who
use the installment method of accounting. Interest accruing before October 1, 1998. The same
rule applies for interest accruing before October 1,
Accrual Method Taxpayers 1998, provided:
If you normally report income using an accrual method • The periods of limitation on both refunds of under-
of accounting, you cannot use the installment method payment interest and payment of additional over-
of accounting to report gain on sales or other disposi- payment interest were open on July 22, 1998,
tions of property occurring after December 16, 1999.
However, this rule does not apply to sales or other • You reasonably identify and show the periods during
dispositions of the following property. which equivalent amounts of your underpayment
and overpayment overlap, and
• Property used or produced in the trade or business • You request interest netting.
of farming.
• Timeshares or residential lots if you elect to pay a You had to request this interest netting no later than
special interest charge. (For more information, see December 31, 1999, unless at least one of the appli-
section 453(l) of the Internal Revenue Code.) cable periods of limitation is still open after December
31, 1999.
Cash basis taxpayers can still use the installment Form 843. You can obtain the net rate of zero if you
method of accounting to report gain on the sale or other file a claim on Form 843, Claim for Refund and Request
disposition of property. for Abatement, requesting application of the net rate of
zero on or before the date on which the last applicable
Pledge Rule period of limitation closes.
If you pledge an installment obligation as security for a To make the request by U.S. mail, send Form
loan, you must treat the proceeds of the loan as pay- 843 to:
ment on the installment obligation and recognize the
gain. This is called the pledge rule.
For sales or other dispositions occurring after De- Internal Revenue Service
cember 16, 1999, if you have the right to transfer an Net Rate Interest Netting Claim
installment obligation in payment of a loan, the loan is P.O. Box 9987
considered directly secured by the obligation and the Mail Stop 6800
pledge rule applies. Ogden, UT 84409
Page 4 Chapter 1 Tax Changes for Individuals
If you do not send it by U.S. mail, send it to: For more information on how to apply, see the in-
structions for Form W-7P.
Limit on Personal Credits • Filing any income, estate, or gift tax return (including
For 2000 and 2001, your nonrefundable personal employment and withholding tax returns).
credits for the year can offset both your regular tax • Paying any income, estate, or gift tax (including
(after reduction by the foreign tax credit) and your al- employment and withholding taxes).
ternative minimum tax for that year.
The personal credits that can offset those taxes, but • Filing a petition with the Tax Court.
cannot be refunded if they are more than those taxes, • Allowing a credit or refund of any tax by the IRS.
are the following. • Filing a claim for credit or refund of any tax.
• Adoption credit. • Bringing suit for any claim for credit or refund.
Page 6 Chapter 1 Tax Changes for Individuals
• Assessment of any tax by the IRS. Production Flexibility
• Giving or making any notice or demand by the IRS Contract Payments
for the payment of any tax or for any liability for any
Under the cash method of accounting, you include all
tax.
items of income you actually or constructively received
• Collection by the IRS of any tax due. during the year in gross income for that year. You
• Bringing suit by the United States for any tax due. constructively receive income when it is credited to your
account or made available to you. You do not need to
Steps to take. If you encounter Y2K problems that have physical possession of it. However, if you are a
impact on any of the actions stated previously, take the farmer receiving production flexibility payments under
following steps. the Federal Agriculture Improvement and Reform Act
of 1996, you are not considered to constructively re-
• Notify the IRS as soon as possible after discovery ceive a payment merely because you have the option
of the problem by calling 1–800–829–1040. to receive it in the year before it is required to be paid.
You disregard that option in determining when to in-
• Take prompt action to fix the Y2K problem. clude the payment in your income. This rule applies to
• Consider alternate ways to comply with the tax law. any farm production flexibility payment made under the
1996 Act as in effect on December 17, 1999.
For more detailed information on how to handle
Y2K related tax problems, see IRS News Re-
lease IR–99–104. You can find this news re- Business Use of Your Home
lease on the IRS website, www.irs.gov, under IRS New rules make it easier to claim a deduction for the
Newstand. business use of your home. Under the new rules, you
may qualify to claim the deduction, even if you never
qualified before.
Beginning in 1999, it is easier for your home office
to qualify as your principal place of business. Your
2001 Change home office will qualify as your principal place of busi-
ness for deducting expenses for its use if you meet the
First-Time Homebuyer Credit following requirements.
for District of Columbia
• You use it exclusively and regularly for administra-
The credit for first-time homebuyers in the District of
tive or management activities of your trade or busi-
Columbia has been extended to include property pur-
ness.
chased before January 1, 2002. For more information
about this credit, see Publication 530, Tax Information • You have no other fixed location where you conduct
for First-Time Homeowners. substantial administrative or management activities
of your trade or business.
4.
Excise Taxes 1999 Change
Disclosure Rules
New disclosure rules for tax-exempt organizations went
into effect in 1999. A tax-exempt organization, other
than a private foundation, must make copies of its ex-
1999 Change emption application and information returns for the
previous three years available for public inspection.
Under the new rules, it must also provide copies to
Vaccines individuals who request them, unless it makes the
For sales or deliveries after December 17, 1999, any documents widely available. An organization can make
conjugate vaccine against streptococcus pneumoniae its documents widely available by posting them on a
is subject to the tax on vaccines. For more information, readily accessible World Wide Web site.
see Publication 510, Excise Taxes for 2000. Private foundations continue to be subject to the
disclosure requirements in effect prior to the Tax and
Trade Relief Extension Act of 1998 until new regu-
lations are issued.
For more information, see Publication 557, Tax-
2000 Changes Exempt Status for Your Organization.
Foreign Tax Credit Limit • The amount of your liability (not including interest).
When figuring the limit on your foreign tax credit for • That it is a qualified offer when made.
2000 and 2001, your U.S. income tax is not reduced
by any nonrefundable personal credits.
For more information on the foreign tax credit, see It must also remain open until the earliest of the fol-
Publication 514, Foreign Tax Credit for Individuals. lowing dates.
1) You make a qualified offer to the IRS to settle the • The fees are charged at less than the $125 ($140
case. for 2000) basic rate.
2) The IRS rejects the offer. • You are represented for no fee, or for a nominal fee,
as a pro bono service.
3) The tax liability (not including interest) later deter-
mined by the Court is not more than the amount of • The award is paid to your representative or to the
the qualified offer. representative's employer.
Chapter 7 Taxpayer Rights Page 13
Notice of IRS Contact 2) A revenue agent's report explaining the reasons
that the claim is disallowed.
of Third Parties
The IRS must notify you before they can contact third
parties when examining or collecting your tax liability.
Third parties may include your neighbors, banks, em-
ployees, or employers. The IRS must periodically, and
upon your request, provide you with notice of specific
contacts. This is effective for contacts made after Jan-
8.
uary 18, 1999.
How To Get More
This provision does not apply in the following
!
CAUTION
circumstances. Information
1) When there is a pending criminal investi- You can order free publications and forms, ask tax
gation. questions, and get more information from the IRS in
several ways. By selecting the method that is best for
2) When providing notice would jeopardize you, you will have quick and easy access to tax help.
collection of any tax liability.
3) Where providing notice may result in re- Free tax services. To find out what services are
prisal against any person. available, get Publication 910, Guide to Free Tax Ser-
vices. It contains a list of free tax publications and an
4) When you authorized the contact. index of tax topics. It also describes other free tax in-
formation services, including tax education and assist-
ance programs and a list of TeleTax topics.
Last Date for Filing Personal computer. With your personal com-
Tax Court Petition puter and modem, you can access the IRS on
Beginning in 1999, each notice that the IRS mails to the Internet at www.irs.gov. While visiting our
you must specify the last date on which you can timely web site, you can select:
file a petition with the Tax Court. This date is the 90th
day (150th day if the address is outside of the United • Frequently Asked Tax Questions (located under
States) after the date that the notice of deficiency is Taxpayer Help & Ed) to find answers to questions
mailed by the IRS. you may have.
For more information, see Tax Court under Appeal • Forms & Pubs to download forms and publications
Rights in Publication 556, Examination of Returns, Ap- or search for forms and publications by topic or
peal Rights, and Claims for Refund. keyword.
• Fill-in Forms (located under Forms & Pubs) to enter
Explanation of Claim for information while the form is displayed and then
print the completed form.
Refund Disallowance
Beginning January 19, 1999, the IRS must explain to • Tax Info For You to view Internal Revenue Bulletins
you the specific reasons why your claim for refund is published in the last few years.
disallowed or partially disallowed. This puts into law an • Tax Regs in English to search regulations and the
existing practice of the IRS. Internal Revenue Code (under United States Code
Claims for refund can be disallowed based on a (USC)).
preliminary review or an examination by a revenue • Digital Dispatch and IRS Local News Net (both lo-
agent. This means you must receive one of the follow- cated under Tax Info For Business) to receive our
ing. electronic newsletters on hot tax issues and news.
1) A form explaining that the claim is disallowed for • Small Business Corner (located under Tax Info For
one of the following reasons. Business) to get information on starting and oper-
ating a small business.
a) It was filed late.
You can also reach us with your computer using File
b) It was based solely on the unconstitutionality Transfer Protocol at ftp.irs.gov.
of the revenue acts.
c) It was waived as part of a settlement.
d) It covered a tax year or issues that were part TaxFax Service. Using the phone attached to
of a closing agreement or an offer in compro- your fax machine, you can receive forms and
mise. instructions by calling 703–368–9694. Follow
the directions from the prompts. When you order forms,
e) It was related to a return closed by a final court enter the catalog number for the form you need. The
order. items you request will be faxed to you.
Page 14 Chapter 8 How To Get More Information
Phone. Many services are available by phone. Mail. You can send your order for forms, in-
structions, and publications to the Distribution
Center nearest to you and receive a response
within 10 workdays after your request is received. Find
• Ordering forms, instructions, and publications. Call the address that applies to your part of the country.
1–800–829–3676 to order current and prior year
forms, instructions, and publications. • Western part of U.S.:
Western Area Distribution Center
• Asking tax questions. Call the IRS with your tax
Rancho Cordova, CA 95743–0001
questions at 1–800–829–1040.
• TTY/TDD equipment. If you have access to • Central part of U.S.:
Central Area Distribution Center
TTY/TDD equipment, call 1–800–829–4059 to ask
P.O. Box 8903
tax questions or to order forms and publications.
Bloomington, IL 61702–8903
• TeleTax topics. Call 1–800–829–4477 to listen to • Eastern part of U.S. and foreign addresses:
pre-recorded messages covering various tax topics.
Eastern Area Distribution Center
Evaluating the quality of our telephone services. P.O. Box 85074
To ensure that IRS representatives give accurate, Richmond, VA 23261–5074
courteous, and professional answers, we evaluate the
quality of our telephone services in several ways.
A Luxury ................................ 12 P
Administrative court costs ..... 13 Vaccines ............................ 12 Partnerships, electronic filing 10
Air transportation taxes ......... 12 Exempt organizations, disclo- Payment of taxes by credit
Alternative minimum tax, de- sure rules ........................... 12 card ...................................... 4
preciation ......................... 3, 8 Exemption amount .................. 2 Penalty, failure-to-pay ............. 6
Assistance (See More information) Personal credits ................... 3, 6
F Preparer identification num-
Foreign earned income ex- ber .................................. 5, 10
B clusion .......................... 12, 13 Production flexibility contract
Business expenses: payments ............................. 7
Foreign tax credit limit ........... 13
Meals ............................. 6, 10 Publications (See More
Form:
Standard mileage information)
843 ....................................... 4
rate ..................... 2, 5, 7, 10
2031 ..................................... 5
Use of home ........................ 7
W-7P .............................. 5, 10 R
Business use of your home .... 7
Foster child .............................. 5 Refund:
Free tax services ................... 14 Explanation of disallowance 14
C Offset ................................... 5
Canceled debt, reporting ....... 10 Research credit ....................... 8
Capital gain distributions ......... 2
G
Gains and losses: Retirement plans:
Child tax credit ........................ 2 401(k) ................................. 11
Constructive ownership
Clergy, revocation of exemption 403(b) ................................. 11
transactions .................. 3, 8
from social security .............. 5 IRA ..................................... 11
Noncapital assets ................ 9
Commodities derivative financial
General business credit .......... 8
instruments .......................... 9
Constructive ownership trans- S
actions .............................. 3, 8 H Section 179 deduction ......... 3, 7
Credit card, payment of taxes . 4 Health insurance, self- Self-employed health insur-
Credits: employed ......................... 3, 8 ance deduction ................ 3, 8
Business .............................. 8 Hedging transactions ............... 9 Self-employment tax .. 3, 6, 8, 10
Child tax ............................... 2 Help (See More information) Social security:
Earned income ................. 2, 5 Home, business use ................ 7 Revoking exemption ............ 5
First-time homebuyer ........... 7 Homebuyer credit, District of Wage limit ...................... 6, 10
Limit on personal ............. 3, 6 Columbia .............................. 7 Standard deduction ................. 2
Household employment taxes 10 Standard mileage rate 2, 5, 7, 10
Stop-smoking programs .......... 3
D
Deposits of taxes ..................... 9 I
Depreciation: Installment method .............. 4, 9 T
Tax court, petition .................. 14
Cars ................................. 3, 7 Interest:
Tax deposits ............................ 9
GDS election ........................ 8 Netting .................................. 4
Tax help (See More information)
Property used in a rental ac- Rate on overpayments ........ 5
Tax withholding, foreign per-
tivity .................................. 3 IRA ......................................... 11
sons ................................... 13
District of Columbia, homebuyer Itemized deductions ................ 2
Third party contacts ............... 14
credit .................................... 7
TTY/TDD information ............ 14
L
E Limit on personal credits ..... 3, 6 V
Earned income credit .......... 2, 5 Lump-sum distributions ......... 11 Vaccines ................................ 12
Educational assistance pro- Luxury tax .............................. 12
grams ............................. 6, 10
Electronic filing, partnerships 10 W
M Welfare-to-work credit ............. 8
Employee business expenses . 2 Marginal production of oil and
Employer-provided educational Withholding tax, foreign per-
gas ....................................... 8 sons ................................... 13
assistance ............................ 6 Medical expense, stop-smoking
Employment taxes, household 10 Work opportunity credit ........... 8
programs .............................. 3
Environmental cleanup cost More information ................... 14
deduction ........................... 11 Y
Estimated tax safe harbor ....... 6 Y2K failures, deadlines ..... 6, 11
Excise taxes: N 䡵
Air transportation ............... 12 Noncapital assets .................... 9
Page 16