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left arrowPrevious Page: Publication 525 - Taxable and Nontaxable Income - Sickness and Injury Benefits
right arrowNext Page: Publication 525 - Taxable and Nontaxable Income - Repayments
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taxmap/pubs/p525-004.htm#TXMP5c178d9b
Miscellaneous Income


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Income, Miscellaneous

This section discusses various types of income. You may have taxable income from certain transactions even if no money changes hands. For example, you may have taxable income if you lend money at a below-market interest rate or have a debt you owe canceled.


taxmap/pubs/p525-004.htm#TXMP0934dba6
Bartering


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left link arrow Bartering right link arrow

Bartering is an exchange of property or services. You must include in your income, at the time received, the fair market value of property or services you receive in bartering. If you exchange services with another person and you both have agreed ahead of time as to the value of the services, that value will be accepted as fair market value unless the value can be shown to be otherwise.

Generally, you report this income on Schedule C or Schedule C-EZ (Form 1040). However, if the barter involves an exchange of something other than services, such as in Example 4 below, you may have to use another form or schedule instead.


taxmap/pubs/p525-004.htm#TXMP13de3561
Example 1.

You are a self-employed attorney who performs legal services for a client, a small corporation. The corporation gives you shares of its stock as payment for your services. You must include the fair market value of the shares in your income on Schedule C or Schedule C-EZ (Form 1040) in the year you receive them.


taxmap/pubs/p525-004.htm#TXMP490b6690
Example 2.

You are a self-employed accountant. You and a house painter are members of a barter club. Members get in touch with each other directly and bargain for the value of the services to be performed. In return for accounting services you provided, the house painter painted your home. You must report as your income on Schedule C or Schedule C-EZ (Form 1040) the fair market value of the house painting services you received. The house painter must include in income the fair market value of the accounting services you provided.


taxmap/pubs/p525-004.htm#TXMP4e9412d5
Example 3.

You are self-employed and a member of a barter club. The club uses credit units as a means of exchange. It adds credit units to your account for goods or services you provide to members, which you can use to purchase goods or services offered by other members of the barter club. The club subtracts credit units from your account when you receive goods or services from other members. You must include in your income the value of the credit units that are added to your account, even though you may not actually receive goods or services from other members until a later tax year.


taxmap/pubs/p525-004.htm#TXMP01d58414
Example 4.

You own a small apartment building. In return for 6 months rent-free use of an apartment, an artist gives you a work of art she created. You must report as rental income on Schedule E (Form 1040) the fair market value of the artwork, and the artist must report as income on Schedule C or Schedule C-EZ (Form 1040) the fair rental value of the apartment.


taxmap/pubs/p525-004.htm#TXMP01396f0f
Form 1099-B from barter exchange.


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If you exchanged property or services through a barter exchange, Form 1099-B, Proceeds from Broker and Barter Exchange Transactions, or a similar statement from the barter exchange should be sent to you by January 31, 2007. It should show the value of cash, property, services, credits, or scrip you received from exchanges during 2006. The IRS also will receive a copy of Form 1099-B.


taxmap/pubs/p525-004.htm#TXMP6608d3fc
Backup withholding.


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The income you receive from bartering generally is not subject to regular income tax withholding. However, backup withholding will apply in certain circumstances to ensure that income tax is collected on this income.

Under backup withholding, the barter exchange must withhold, as income tax, 28% of the income if:

If you join a barter exchange, you must certify under penalties of perjury that your taxpayer identification number is correct and that you are not subject to backup withholding. If you do not make this certification, backup withholding may begin immediately. The barter exchange will give you a Form W-9, Request for Taxpayer Identification Number and Certification, or a similar form, for you to make this certification. The barter exchange will withhold tax only up to the amount of any cash paid to you or deposited in your account and any scrip or credit issued to you (and converted to cash).

If tax is withheld from your barter income, the barter exchange will report the amount of tax withheld on Form 1099-B, or similar statement.


taxmap/pubs/p525-004.htm#TXMP3b98a9bf
Canceled Debts


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left link arrow Debt Cancellation right link arrow

Generally, if a debt you owe is canceled or forgiven, other than as a gift or bequest, you must include the canceled amount in your income. You have no income from the canceled debt if it is intended as a gift to you. A debt includes any indebtedness for which you are liable or which attaches to property you hold.

If the debt is a nonbusiness debt, report the canceled amount on Form 1040, line 21. If it is a business debt, report the amount on Schedule C or Schedule C-EZ (Form 1040) (or on Schedule F (Form 1040), Profit or Loss From Farming, if the debt is farm debt and you are a farmer).


taxmap/pubs/p525-004.htm#TXMP66c95ea7
Form 1099-C.


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If a Federal Government agency, financial institution, or credit union cancels or forgives a debt you owe of $600 or more, you will receive a Form 1099-C, Cancellation of Debt. The amount of the canceled debt is shown in box 2.


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Interest included in canceled debt.
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If any interest is forgiven and included in the amount of canceled debt in box 2, the amount of interest also will be shown in box 3. Whether or not you must include the interest portion of the canceled debt in your income depends on whether the interest would be deductible if you paid it. See Deductible debt under Exceptions, later.

If the interest would not be deductible (such as interest on a personal loan), include in your income the amount from Form 1099-C, box 2. If the interest would be deductible (such as on a business loan), include in your income the net amount of the canceled debt (the amount shown in box 2 less the interest amount shown in box 3).


taxmap/pubs/p525-004.htm#TXMP6fbec60b
Discounted mortgage loan.


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If your financial institution offers a discount for the early payment of your mortgage loan, the amount of the discount is canceled debt. You must include the canceled amount in your income.


taxmap/pubs/p525-004.htm#TXMP2eeac8cd
Mortgage relief upon sale or other disposition.


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If you are personally liable for a mortgage (recourse debt), and you are relieved of the mortgage when you dispose of the property, you may realize gain or loss up to the fair market value of the property. To the extent the mortgage discharge exceeds the fair market value of the property, it is income from discharge of indebtedness unless it qualifies for exclusion under Excluded debt, later. Report any income from discharge of indebtedness on nonbusiness debt that does not qualify for exclusion as other income on Form 1040, line 21.

If you are not personally liable for a mortgage (nonrecourse debt), and you are relieved of the mortgage when you dispose of the property (such as through foreclosure or repossession), that relief is included in the amount you realize. You may have a taxable gain if the amount you realize exceeds your adjusted basis in the property. Report any gain on nonbusiness property as a capital gain.

See Foreclosures and Repossessions in Publication 544 for more information.


taxmap/pubs/p525-004.htm#TXMP146db6fc
Stockholder debt.


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If you are a stockholder in a corporation and the corporation cancels or forgives your debt to it, the canceled debt is a constructive distribution that is generally dividend income to you. For more information, see Publication 542, Corporations.

If you are a stockholder in a corporation and you cancel a debt owed to you by the corporation, you generally do not realize income. This is because the canceled debt is considered as a contribution to the capital of the corporation equal to the amount of debt principal that you canceled.


taxmap/pubs/p525-004.htm#TXMP033710b8
Repayment of canceled debt.


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If you included a canceled amount in your income and later pay the debt, you may be able to file a claim for refund for the year the amount was included in income. You can file a claim on Form 1040X if the statute of limitations for filing a claim is still open. The statute of limitations generally does not end until 3 years after the due date of your original return.


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Exceptions


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There are several exceptions to the inclusion of canceled debt in income. These are explained next.


taxmap/pubs/p525-004.htm#TXMP35abd99b
Debt canceled as a result of Hurricane Katrina.


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If you qualify, you can exclude from income the amount of a canceled nonbusiness debt. The debt must be canceled by an applicable entity after August 24, 2005, and before January 1, 2007.

You qualify for this relief if your main home on August 25, 2005, was located:

For a definition of Hurricane Katrina disaster area and the core disaster area, see Publication 4492.

This exclusion does not apply to a canceled debt to the extent that real property, which was security for the debt, is located outside of the Hurricane Katrina disaster area.


taxmap/pubs/p525-004.htm#TXMP50e9f811
Applicable entity.
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The term applicable entity means an executive, judicial, or legislative agency and an applicable financial entity as defined in Internal Revenue Code section 6050P(c).


taxmap/pubs/p525-004.htm#TXMP63876a73
Student loans.


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Certain student loans contain a provision that all or part of the debt incurred to attend the qualified educational institution will be canceled if you work for a certain period of time in certain professions for any of a broad class of employers.

You do not have income if your student loan is canceled after you agreed to this provision and then performed the services required. To qualify, the loan must have been made by:

  1. The Federal Government, a state or local government, or an instrumentality, agency, or subdivision thereof,
  2. A tax-exempt public benefit corporation that has assumed control of a state, county, or municipal hospital, and whose employees are considered public employees under state law, or
  3. An educational institution:
    1. Under an agreement with an entity described in (1) or (2) that provided the funds to the institution to make the loan, or
    2. As part of a program of the institution designed to encourage students to serve in occupations or areas with unmet needs and under which the services provided are for or under the direction of a governmental unit or a tax-exempt section 501(c)(3) organization (defined later).

A loan to refinance a qualified student loan also will qualify if it was made by an educational institution or a tax-exempt section 501(a) organization under its program designed as described in (3)(b) above.

An educational institution is an organization with a regular faculty and curriculum and a regularly enrolled body of students in attendance at the place where the educational activities are carried on.

A section 501(c)(3) organization is any corporation, community chest, fund, or foundation organized and operated exclusively for one or more of the following purposes.


taxmap/pubs/p525-004.htm#TXMP36df7670
Exception.
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You do have income if your student loan was made by an educational institution and is canceled because of services you performed for the institution or other organization that provided the funds.


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Deductible debt.


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You do not have income from the cancellation of a debt if your payment of the debt would be deductible. This exception applies only if you use the cash method of accounting. For more information, see chapter 5 of Publication 334.


taxmap/pubs/p525-004.htm#TXMP6fc7f748
Education loan repayment assistance.
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Education loan repayments made to you by the National Health Service Corps Loan Repayment Program (NHSC Loan Repayment Program) or a state education loan repayment program eligible for funds under the Public Health Service Act are not taxable if you agree to provide primary health services in health professional shortage areas. For more information, see Publication 970.


taxmap/pubs/p525-004.htm#TXMP482d9285
Price reduced after purchase.


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Generally, if the seller reduces the amount of debt you owe for property you purchased, you do not have income from the reduction. The reduction of the debt is treated as a purchase price adjustment and reduces your basis in the property.


taxmap/pubs/p525-004.htm#TXMP4a0d6550
Excluded debt.


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Do not include a canceled debt in your gross income in the following situations.


taxmap/pubs/p525-004.htm#TXMP0070ae5e
Host or Hostess


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If you host a party at which sales are made, any gift you receive for giving the party is a payment for helping a direct seller make sales. You must report it as income at its fair market value.

Your out-of-pocket party expenses are subject to the 50% limit for meal and entertainment expenses. These expenses are deductible as miscellaneous itemized deductions subject to the 2% of AGI limit on Schedule A (Form 1040), but only up to the amount of income you receive for giving the party.

For more information about the 50% limit for meal and entertainment expenses, see 50% Limit in Publication 463.


taxmap/pubs/p525-004.htm#TXMP0a6bf9e4
Life Insurance Proceeds


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Life insurance proceeds paid to you because of the death of the insured person are not taxable unless the policy was turned over to you for a price. This is true even if the proceeds were paid under an accident or health insurance policy or an endowment contract.


taxmap/pubs/p525-004.htm#TXMP44f63854
Proceeds not received in installments.


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If death benefits are paid to you in a lump sum or other than at regular intervals, include in your income only the benefits that are more than the amount payable to you at the time of the insured person's death. If the benefit payable at death is not specified, you include in your income the benefit payments that are more than the present value of the payments at the time of death.


taxmap/pubs/p525-004.htm#TXMP190543f4
Proceeds received in installments.


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If you receive life insurance proceeds in installments, you can exclude part of each installment from your income.

To determine the excluded part, divide the amount held by the insurance company (generally the total lump sum payable at the death of the insured person) by the number of installments to be paid. Include anything over this excluded part in your income as interest.


taxmap/pubs/p525-004.htm#TXMP0a5254e4
Example.

The face amount of the policy is $75,000 and, as beneficiary, you choose to receive 120 monthly installments of $1,000 each. The excluded part of each installment is $625 ($75,000 ÷ 120), or $7,500 for an entire year. The rest of each payment, $375 a month (or $4,500 for an entire year), is interest income to you.


taxmap/pubs/p525-004.htm#TXMP47eba2c4
Installments for life.
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If, as the beneficiary under an insurance contract, you are entitled to receive the proceeds in installments for the rest of your life without a refund or period-certain guarantee, you figure the excluded part of each installment by dividing the amount held by the insurance company by your life expectancy. If there is a refund or period-certain guarantee, the amount held by the insurance company for this purpose is reduced by the actuarial value of the guarantee.


taxmap/pubs/p525-004.htm#TXMP12b0762e
Surviving spouse.
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If your spouse died before October 23, 1986, and insurance proceeds paid to you because of the death of your spouse are received in installments, you can exclude up to $1,000 a year of the interest included in the installments. If you remarry, you can continue to take the exclusion.


taxmap/pubs/p525-004.htm#TXMP322e3e6d
Employer-owned life insurance contract.


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If you are the policyholder of an employer-owned life insurance contract, you must include in income any life insurance proceeds received that are more than the premiums and any other amounts you paid on the policy. You are subject to this rule if you have a trade or business, you own a life insurance contract on the life of your employee, and you (or a related person) are a beneficiary under the contract.

However, you may exclude the full amount of the life insurance proceeds if the following apply.

  1. You provided written notice about the insurance to the employee and the employee agreed to be insured.
  2. Either:
    1. The employee was your employee within the 12-month period before death, or, at the time the contract was issued, was a director or highly compensated employee, or
    2. The amount is paid to the family or designated beneficiary of the employee.


taxmap/pubs/p525-004.htm#TXMP3b2b0306
Interest option on insurance.


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If an insurance company pays you interest only on proceeds from life insurance left on deposit, the interest you are paid is taxable.

If your spouse died before October 23, 1986, and you chose to receive only the interest from your insurance proceeds, the $1,000 interest exclusion for a surviving spouse does not apply. If you later decide to receive the proceeds from the policy in installments, you can take the interest exclusion from the time you begin to receive the installments.


taxmap/pubs/p525-004.htm#TXMP0affb4f0
Surrender of policy for cash.


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If you surrender a life insurance policy for cash, you must include in income any proceeds that are more than the cost of the life insurance policy. In general, your cost (or investment in the contract) is the total of premiums that you paid for the life insurance policy, less any refunded premiums, rebates, dividends, or unrepaid loans that were not included in your income.

You should receive a Form 1099-R showing the total proceeds and the taxable part. Report these amounts on lines 16a and 16b of Form 1040 or on lines 12a and 12b of Form 1040A.

For information on when the proceeds are excluded from income, see Accelerated Death Benefits, later.


taxmap/pubs/p525-004.htm#TXMP4ca433b0
Split-dollar life insurance.


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Generally, a split-dollar life insurance arrangement is an arrangement between an owner and a non-owner of a life insurance contract under which either party to the arrangement pays all or part of the premiums, and one of the parties paying the premiums is entitled to recover all or part of those premiums from the proceeds of the contract. There are two mutually exclusive regimes to tax split-dollar life insurance arrangements.

  1. Under the economic benefit regime, the owner of the life insurance contract is treated as providing current life insurance protection and other taxable economic benefits to the non-owner of the contract.
  2. Under the loan regime, the non-owner of the life insurance contract is treated as loaning premium payments to the owner of the contract.
Only one of these regimes applies to any one policy. For more information, see sections 1.61-22 and 1.7872-15 of the regulations.


taxmap/pubs/p525-004.htm#TXMP12ff58b0
Endowment Contract Proceeds


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An endowment contract is a policy under which you are paid a specified amount of money on a certain date unless you die before that date, in which case, the money is paid to your designated beneficiary. Endowment proceeds paid in a lump sum to you at maturity are taxable only if the proceeds are more than the cost of the policy. To determine your cost, subtract any amount that you previously received under the contract and excluded from your income from the total premiums (or other consideration) paid for the contract. Include the part of the lump sum payment that is more than your cost in your income.

Endowment proceeds that you choose to receive in installments instead of a lump-sum payment at the maturity of the policy are taxed as an annuity. This is explained in Publication 575. For this treatment to apply, you must choose to receive the proceeds in installments before receiving any part of the lump sum. This election must be made within 60 days after the lump-sum payment first becomes payable to you.


taxmap/pubs/p525-004.htm#TXMP1deaa089
Accelerated Death Benefits


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Certain amounts paid as accelerated death benefits under a life insurance contract or viatical settlement before the insured's death are excluded from income if the insured is terminally or chronically ill.


taxmap/pubs/p525-004.htm#TXMP11dbd36b
Viatical settlement.


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This is the sale or assignment of any part of the death benefit under a life insurance contract to a viatical settlement provider. A viatical settlement provider is a person who regularly engages in the business of buying or taking assignment of life insurance contracts on the lives of insured individuals who are terminally or chronically ill and who meets the requirements of section 101(g)(2)(B) of the Internal Revenue Code.


taxmap/pubs/p525-004.htm#TXMP4162946f
Exclusion for terminal illness.


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Accelerated death benefits are fully excludable if the insured is a terminally ill individual. This is a person who has been certified by a physician as having an illness or physical condition that can reasonably be expected to result in death within 24 months from the date of the certification.


taxmap/pubs/p525-004.htm#TXMP44c80381
Exclusion for chronic illness.


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If the insured is a chronically ill individual who is not terminally ill, accelerated death benefits paid on the basis of costs incurred for qualified long-term care services are fully excludable. Accelerated death benefits paid on a per diem or other periodic basis are excludable up to a limit. This limit applies to the total of the accelerated death benefits and any periodic payments received from long-term care insurance contracts. For information on the limit and the definitions of chronically ill individual, qualified long-term care services, and long-term care insurance contracts, see Long-Term Care Insurance Contracts under Sickness and Injury Benefits, earlier.


taxmap/pubs/p525-004.htm#TXMP41aaf4e1
Exception.


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The exclusion does not apply to any amount paid to a person (other than the insured) who has an insurable interest in the life of the insured because the insured:


taxmap/pubs/p525-004.htm#TXMP7da167c0
Form 8853.


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To claim an exclusion for accelerated death benefits made on a per diem or other periodic basis, you must file Form 8853 with your return. You do not have to file Form 8853 to exclude accelerated death benefits paid on the basis of actual expenses incurred.


taxmap/pubs/p525-004.htm#TXMP6cdb4b56
Recoveries


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A recovery is a return of an amount you deducted or took a credit for in an earlier year. The most common recoveries are refunds, reimbursements, and rebates of deductions itemized on Schedule A (Form 1040). You also may have recoveries of non-itemized deductions (such as payments on previously deducted bad debts) and recoveries of items for which you previously claimed a tax credit.


taxmap/pubs/p525-004.htm#TXMP6d1358e8
Tax benefit rule.


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You must include a recovery in your income in the year you receive it up to the amount by which the deduction or credit you took for the recovered amount reduced your tax in the earlier year. For this purpose, any increase to an amount carried over to the current year that resulted from the deduction or credit is considered to have reduced your tax in the earlier year.


taxmap/pubs/p525-004.htm#TXMP7fca1390
Federal income tax refund.


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Refunds of federal income taxes are not included in your income because they are never allowed as a deduction from income.


taxmap/pubs/p525-004.htm#TXMP1e955b59
State tax refund.


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If you received a state or local income tax refund (or credit or offset) in 2006, you generally must include it in income if you deducted the tax in an earlier year. The payer should send Form 1099-G, Certain Government Payments, to you by January 31, 2007. The IRS also will receive a copy of the Form 1099-G. Use the worksheet in the 2006 Form 1040 instructions for line 10 to figure the amount (if any) to include in your income. See Itemized Deduction Recoveries, later, for when you must use Worksheet 2 on page 22 of this publication.

After 2003, you could choose to deduct for a tax year either:

For 2006, the maximum refund that you may have to include in income is limited to the excess of the tax you chose to deduct for that year over the tax you did not choose to deduct for that year.


taxmap/pubs/p525-004.htm#TXMP77275ff3
Example 1.
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For 2005 you can choose an $11,000 state income tax deduction or a $10,000 state general sales tax deduction. You choose to deduct the state income tax. In 2006 you receive a $2,500 state income tax refund. The maximum refund that you may have to include in income is $1,000, since you could have deducted $10,000 in state general sales tax.


taxmap/pubs/p525-004.htm#TXMP6e04605d
Example 2.
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For 2005 you can choose an $11,500 state general sales tax deduction based on actual expenses or an $11,200 state income tax deduction. You choose to deduct the general sales tax deduction. In 2006 you return an item you had purchased and receive a $500 sales tax refund. In 2006 you also receive a $1,500 state income tax refund. The maximum refund that you may have to include in income is $500, since it is less than the excess of the tax deducted ($11,500) over the tax you did not choose to deduct ($11,200 - $1,500 = $9,700). Since you did not choose to deduct the state income tax, you do not include the state income tax refund in income.


taxmap/pubs/p525-004.htm#TXMP1dddf51b
Mortgage interest refund.


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If you received a refund or credit in 2006 of mortgage interest paid in an earlier year, the amount should be shown in box 3 of your Form 1098, Mortgage Interest Statement. Do not subtract the refund amount from the interest you paid in 2006. You may have to include it in your income under the rules explained in the following discussions.


taxmap/pubs/p525-004.htm#TXMP15210453
Interest on recovery.


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Interest on any of the amounts you recover must be reported as interest income in the year received. For example, report any interest you received on state or local income tax refunds on Form 1040, line 8a.


taxmap/pubs/p525-004.htm#TXMP56721de7
Recovery and expense in same year.


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If the refund or other recovery and the expense occur in the same year, the recovery reduces the deduction or credit and is not reported as income.


taxmap/pubs/p525-004.htm#TXMP0e0a8e46
Recovery for 2 or more years.


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If you receive a refund or other recovery that is for amounts you paid in 2 or more separate years, you must allocate, on a pro rata basis, the recovered amount between the years in which you paid it. This allocation is necessary to determine the amount of recovery from any earlier years and to determine the amount, if any, of your allowable deduction for this item for the current year.


taxmap/pubs/p525-004.htm#TXMP1955dfc5
Example.

You paid 2005 estimated state income tax of $4,000 in four equal payments. You made your fourth payment in January 2006. You had no state income tax withheld during 2005. In 2006, you received a $400 tax refund based on your 2005 state income tax return. You claimed itemized deductions each year on your federal income tax return.

You must allocate the $400 refund between 2005 and 2006, the years in which you paid the tax on which the refund is based. You paid 75% ($3,000 ÷ $4,000) of the estimated tax in 2005, so 75% of the $400 refund, or $300, is for amounts you paid in 2005 and is a recovery item. If all of the $300 is a taxable recovery item, you will include $300 on Form 1040, line 10, for 2006, and attach a copy of your computation showing why that amount is less than the amount shown on the Form 1099-G you received from the state.

The balance ($100) of the $400 refund is for your January 2006 estimated tax payment. When you figure your deduction for state and local income taxes paid during 2006, you will reduce the $1,000 paid in January by $100. Your deduction for state and local income taxes paid during 2006 will include the January net amount of $900 ($1,000 − $100), plus any estimated state income taxes paid in 2006 for 2006, and any state income tax withheld during 2006.


taxmap/pubs/p525-004.htm#TXMP09d790ba
Deductions not itemized.


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If you did not itemize deductions for the year for which you received the recovery of an expense that was deductible only if you itemized, do not include any of the recovery amount in your income.


taxmap/pubs/p525-004.htm#TXMP4cb8e565
Example.

You claimed the standard deduction on your 2005 federal income tax return. In 2006 you received a refund of your 2005 state income tax. Do not report any of the refund as income because you did not itemize deductions for 2005.


taxmap/pubs/p525-004.htm#TXMP2f92325b
Itemized Deduction Recoveries


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The following discussion explains how to determine the amount to include in your income from a recovery of an amount deducted in an earlier year as an itemized deduction. However, you generally do not need to use this discussion if the recovery is for state or local income taxes paid in 2005. Instead, use the worksheet in the 2006 Form 1040 instructions for line 10 to figure the amount (if any) to include in your income.

You cannot use the Form 1040 worksheet and must use this discussion if any of the following statements are true.

  1. The recovery is for a tax year other than 2005.
  2. The recovery is for a deducted item other than state or local income taxes, such as a general sales tax or real property tax refund.
  3. On your 2005 Form 1040, line 42 was more than line 41.
  4. You received a refund of state and local income taxes in 2006 that was more than the excess of your 2005 state and local income tax deduction over the amount you could have deducted for your 2005 state and local general sales tax.
  5. You made your last payment of 2005 state or local estimated tax in 2006.
  6. You owed alternative minimum tax for 2005.
  7. You could not deduct all your tax credits for 2005 because their total was more than the amount of tax shown on your 2005 Form 1040, line 46.
  8. You could be claimed as a dependent by someone else in 2005.
  9. You had to use the Itemized Deductions Worksheet in the 2005 Schedule A instructions because your 2005 adjusted gross income was over $145,950 ($72,975 if married filing separately) and both of the following apply.
    1. You could not deduct all of the amount on the 2005 Itemized Deductions Worksheet, line 1.
    2. The amount on line 8 of that 2005 worksheet would be more than the amount on line 4 of that worksheet if the amount on line 4 were reduced by 80% of the refund you received in 2006.

If you also recovered an amount deducted as a non-itemized deduction, figure the amount of that recovery to include in your income and add it to your adjusted gross income before applying the rules explained here. See Non-Itemized Deduction Recoveries, later.


taxmap/pubs/p525-004.htm#TXMP0f771666
Total recovery included in income.


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If you recover any amount that you deducted in an earlier year on Schedule A (Form 1040), you generally must include the full amount of the recovery in your income in the year you receive it. This rule applies if, for the earlier year, all of the following statements are true.

  1. Your itemized deductions exceeded the standard deduction by at least the amount of the recovery. (If your itemized deductions did not exceed the standard deduction by at least the amount of the recovery, see Standard deduction limit, later.)
  2. You had taxable income. (If you had no taxable income, see Negative taxable income, later.)
  3. Your deduction for the item recovered equals or exceeds the amount recovered. (If your deduction was less than the amount recovered, see Recovery limited to deduction, later.)
  4. Your itemized deductions were not subject to the limit on itemized deductions. (If your deductions were limited, see Itemized deductions limited, later.)
  5. You had no unused tax credits. (If you had unused tax credits, see Unused tax credits, later.)
  6. You were not subject to alternative minimum tax. (If you were subject to alternative minimum tax, see Subject to alternative minimum tax, later.)

If any of the above statements is not true, see Total recovery not included in income, later.


taxmap/pubs/p525-004.htm#TXMP13370a49
State tax refund.
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In addition to the previous six items, you must include in your income the full amount of a refund of state or local income tax or general sales tax if the excess of the tax you deducted over the tax you did not deduct is more than the refund of the tax deducted.

If the refund is more than the excess, see Total recovery not included in income, later.


taxmap/pubs/p525-004.htm#TXMP1ed9dde4
Where to report.
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Enter your state or local income tax refund on Form 1040, line 10, and the total of all other recoveries as other income on Form 1040, line 21. You cannot use Form 1040A or Form 1040EZ.


taxmap/pubs/p525-004.htm#TXMP3bfd0b74
Example.

For 2005, you filed a joint return. Your taxable income was $60,000 and you were not entitled to any tax credits. Your standard deduction was $10,000, and you had itemized deductions of $11,000. In 2006, you received the following recoveries for amounts deducted on your 2005 return:
Medical expenses $200
State and local income tax refund 400
Refund of mortgage interest 325
Total recoveries $925

None of the recoveries were more than the deductions taken for 2005. The difference between the state and local income tax you deducted and your local general sales tax was more than $400.

Your total recoveries are less than the amount by which your itemized deductions exceeded the standard deduction ($11,000 − $10,000 = $1,000), so you must include your total recoveries in your income for 2006. Report the state and local income tax refund of $400 on Form 1040, line 10, and the balance of your recoveries, $525, on Form 1040, line 21.


taxmap/pubs/p525-004.htm#TXMP26cc348c
Total recovery not included in income.


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If one or more of the six statements listed in the preceding discussion is not true, you may be able to exclude at least part of the recovery from your income. If statements (4), (5), and (6) are true (your itemized deductions were not limited, you had no unused tax credits, and you were not subject to the alternative minimum tax), you can use Worksheet 2 to determine the part of your recovery to include in your income. You also can use Worksheet 2 to determine the part of a state tax refund (discussed earlier) to include in income.


taxmap/pubs/p525-004.htm#TXMP151752d9
Allocating the included part.
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If you are not required to include all of your recoveries in your income, and you have both a state income tax refund and other itemized deduction recoveries, you must allocate the taxable recoveries between the state income tax refund you report on Form 1040, line 10, and the amount you report as other income on Form 1040, line 21. If you do not use Worksheet 2, make the allocation as follows.

  1. Divide your state income tax refund by the total of all your itemized deduction recoveries.
  2. Multiply the amount of taxable recoveries by the percentage in (1). This is the amount you report as a state income tax refund.
  3. Subtract the result in (2) above from the amount of taxable recoveries. This is the amount you report as other income.


taxmap/pubs/p525-004.htm#TXMP06384dd6
Example.

In 2006 you recovered $2,500 of your 2005 itemized deductions, but the recoveries you must include in your 2006 income are only $1,500. Of the $2,500 you recovered, $500 was due to your state income tax refund. Your state income tax was more than your state general sales tax by $600. The amount you report as a state tax refund on Form 1040, line 10, is $300 [($500 ÷ $2,500) × $1,500]. The balance of the taxable recoveries, $1,200, is reported as other income on Form 1040, line 21.


taxmap/pubs/p525-004.htm#TXMP1360c335
Standard deduction limit.


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You generally are allowed to claim the standard deduction if you do not itemize your deductions. Only your itemized deductions that are more than your standard deduction are subject to the recovery rule (unless you are required to itemize your deductions). If your total deductions on the earlier year return were not more than your income for that year, include in your income this year the lesser of:

taxmap/pubs/p525-004.htm#w15047d03

Table 2. 2005 Standard Deduction Tables

m
m
m
Caution: If you are married filing a separate return and your spouse itemizes deductions, or if you are a dual-status alien, you cannot take the standard deduction even if you were born before January 2, 1941, or you are blind.
Table I. Standard Deduction Chart for Most People*
IF your filing status is . . . THEN your standard
deduction is . . .
Single or Married filing separately $5,000
Married filing joint return or Qualifying widow(er) with dependent child 10,000
Head of household 7,300
* DO NOT use this chart if you were born before January 2, 1941, or you are blind, OR if someone else can claim an exemption for you (or your spouse if married filing jointly). Use Table II or III instead.

Table II. Standard Deduction Chart for People Who Were Born Before January 2, 1941, or Were Blind*

Check the correct number of boxes below. Then go to the chart.
     
You Born before
January 2, 1941m

Blind m
Your spouse, if claiming
spouse's exemption
Born before
January 2, 1941m

Blind m
     
Total number of boxes you checked mm_____
IF your
filing status is . . .
AND the number on the line above is . . . THEN your
standard deduction is . . .
Single 1
2
$6,250
7,500
Married filing joint return or Qualifying widow(er) with dependent child 1
2
3
4
11,000
12,000
13,000
14,000
Married filing separate return 1
2
3
4
6,000
7,000
8,000
9,000
Head of household 1
2
8,550
9,800
*If someone else can claim an exemption for you (or your spouse if married filing jointly), use Table III instead.

Table III. Standard Deduction Worksheet for Dependents*

If you were born before January 2, 1941, or you were blind, check the correct number of boxes below. Then go to the worksheet.
             
You Born before
January 2, 1941m
 
Blind m
Your spouse, if claiming spouse's exemption Born before
January 2, 1941m
 
Blind m
             
    Total number of boxes you checked mm____
1.   Enter your earned income (defined below). If none, enter -0- 1.             
2.   Additional amount 2. $250
3.   Add lines 1 and 2 3.             
4.   Minimum standard deduction 4. $800
5.   Enter the larger of line 3 or line 4 5.             
6.   Enter the amount shown below for your filing status.
  • Single or Married filing separately—$5,000
  • Married filing jointly or Qualifying widow(er) with dependent child—$10,000
  • Head of household—$7,300
6.             
7. Standard deduction.    
  a. Enter the smaller of line 5 or line 6. If born after January 1, 1941, and not blind, stop here. This is your standard deduction. Otherwise, go on to line 7b. 7a.             
  b. If born before January 2, 1941, or blind, multiply $1,250 ($1,000 if married or qualifying widow(er) with dependent child) by the number in the box above. 7b.             
  c. Add lines 7a and 7b. This is your standard deduction for 2005. 7c.             
Earned income includes wages, salaries, tips, professional fees, and other compensation received for personal services you performed. It also includes any amount received as a scholarship that you must include in your income.
*Use this worksheet ONLY if someone else can claim an exemption for you (or your spouse if married filing jointly).
taxmap/pubs/p525-004.htm#w15047d05

Table 4. 2003 Standard Deduction Tables

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m
m
Caution: If you are married filing a separate return and your spouse itemizes deductions, or if you are a dual-status alien, you cannot take the standard deduction even if you were born before January 2, 1939, or you are blind.
Table I. Standard Deduction Chart for Most People*
IF your filing status is . . . THEN your standard
deduction is . . .
Single or Married filing separately $4,750
Married filing joint return or Qualifying widow(er) with dependent child 9,500
Head of household 7,000
* DO NOT use this chart if you were born before January 2, 1939, or you are blind, OR if someone else can claim an exemption for you (or your spouse if married filing jointly). Use Table II or III instead.

Table II. Standard Deduction Chart for People Who Were Born Before January 2, 1939, or Were Blind*

Check the correct number of boxes below. Then go to the chart.
     
You Born before
January 2, 1939m

Blind m
Your spouse, if claiming
spouse's exemption
Born before
January 2, 1939m

Blind m
     
Total number of boxes you checked mm____
IF your
filing status is . . .
AND the number on the line above is . . . THEN your
standard deduction is . . .
Single 1
2
$5,900
7,050
Married filing joint return or Qualifying widow(er) with dependent child 1
2
3
4
10,450
11,400
12,350
13,300
Married filing separate return 1
2
3
4
5,700
6,650
7,600
8,550
Head of household 1
2
8,150
9,300
*If someone else can claim an exemption for you (or your spouse if married filing jointly), use Table III instead.

Table III. Standard Deduction Worksheet for Dependents*

If you were born before January 2, 1939, or you were blind, check the correct number of boxes below. Then go to the worksheet.
             
You Born before
January 2, 1939 m
 
Blind m
Your spouse, if claiming spouse's exemption Born before
January 2, 1939 m
 
Blind m
             
    Total number of boxes you checked mm____
1.   Enter your earned income (defined below). If none, enter -0- 1.             
2.   Additional amount 2. $250
3.   Add lines 1 and 2 3.             
4.   Minimum standard deduction 4. $750
5.   Enter the larger of line 3 or line 4 5.             
6.   Enter the amount shown below for your filing status.
  • Single or Married filing separately—$4,750
  • Married filing jointly or Qualifying widow(er) with dependent child—$9,500
  • Head of household—$7,000
6.             
7. Standard deduction.    
  a. Enter the smaller of line 5 or line 6. If born after January 1, 1939, and not blind, stop here. This is your standard deduction. Otherwise, go on to line 7b. 7a.             
  b. If born before January 2, 1939, or blind, multiply $1,150 ($950 if married or qualifying widow(er) with dependent child) by the number in the box above. 7b.             
  c. Add lines 7a and 7b. This is your standard deduction for 2003. 7c.             
Earned income includes wages, salaries, tips, professional fees, and other compensation received for personal services you performed. It also includes any amount received as a scholarship that you must include in your income.
*Use this worksheet ONLY if someone else can claim an exemption for you (or your spouse if married filing jointly).
taxmap/pubs/p525-004.htm#w15047d06

Worksheet 2. Recoveries of Itemized Deductions

To determine whether you should complete this worksheet to figure the part of a recovery amount to include in income on your 2006 Form 1040, see Total recovery not included in income under Itemized Deduction Recoveries. If you recovered amounts from more than one year, such as a state income tax refund from 2005 and a casualty loss reimbursement from 2004, complete a separate worksheet for each year. Use information from Schedule A (Form 1040) for the year the expense was deducted.
m
A recovery is included in income only to the extent of the deduction amount that reduced your tax in the prior year (year of the deduction). If you were subject to the alternative minimum tax or your tax credits reduced your tax to zero, see Unused tax credits and Subject to alternative minimum tax under Itemized Deduction Recoveries. If your recovery was for an itemized deduction that was limited, you should read Itemized deductions limited under Itemized Deduction Recoveries.
m
1. State/local income tax refund or credit 1 1.             
2. Enter the total of all other Schedule A refunds or reimbursements
(excluding the amount you entered on line 1) 2
2.             
3. Add lines 1 and 2 3.             
4. Itemized deductions for the prior year
(for example, line 28 of Schedule A for 2005)
4.                 
5. Enter any amount previously refunded to you
(do not enter an amount from line 1 or line 2)
5.                 
6. Subtract line 5 from line 4 6.                 
7. Standard deduction for the prior year. (The standard deduction amounts for 2005, 2004, and 2003 are shown in Tables 2, 3, and 4.) 7.                 
8. Subtract line 7 from line 6. If the result is zero or less, stop here.
The amounts on lines 1 and 2 are not taxable
8.             
9. Enter the smaller of line 3 or line 8 9.             
10. Taxable income for prior year 3 (for example, line 43, Form 1040 for 2005) 10.                 
11. Amount to include in income for 2006:
  • If line 10 is zero or more, enter the amount from line 9.
  • If line 10 is a negative amount, add lines 9 and 10 and enter the result
    (but not less than zero). 4
11.             
  If line 11 equals line 3—
000Enter the amount from line 1 on line 10, Form 1040.
000Enter the amount from line 2 on line 21, Form 1040.
  If line 11 is less than line 3 and either line 1 or line 2 is zero—
000If there is an amount on line 1, enter the amount from line 11 on line 10, Form 1040.
000If there is an amount on line 2, enter the amount from line 11 on line 21, Form 1040.
  If line 11 is less than line 3, and there are amounts on both lines 1 and 2, complete the following worksheet.
  A. Divide the amount on line 1 by the amount on line 3. Enter the percentage A.                 
  B. Multiply the amount on line 11 by the percentage on line A.
Enter the result here and on line 10, Form 1040
B.             
  C. Subtract the amount on line B from the amount on line 11.
Enter the result here and on line 21, Form 1040
C.             
1 Do not enter more than the amount deducted for the prior year. Do not enter more than the excess of your state and local income tax deduction over your state and local general sales taxes you could have deducted.
2 Do not enter more than the amount deducted for the prior year. If you deducted state and local general sales taxes and received a refund of those taxes, include the amount on line 2, but do not enter more than the excess of your sales tax deduction over your state and local income tax you could have deducted.
3 If taxable income is a negative amount (for example, line 42 was more than line 41 on your 2005 Form 1040), enter that amount in brackets. Do not enter zero unless your taxable income is exactly zero. Taxable income will have to be adjusted for any net operating loss carryover. For more information, see Publication 536, Net Operating Losses (NOLs) for Individuals, Estates, and Trusts.
4 For example, $700 + ($400) = $300.
taxmap/pubs/p525-004.htm#w15047d04

Table 3. 2004 Standard Deduction Tables

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m
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Caution: If you are married filing a separate return and your spouse itemizes deductions, or if you are a dual-status alien, you cannot take the standard deduction even if you were born before January 2, 1940, or you are blind.
Table I. Standard Deduction Chart for Most People*
IF your filing status is . . . THEN your standard
deduction is . . .
Single or Married filing separately $4,850
Married filing joint return or Qualifying widow(er) with dependent child 9,700
Head of household 7,150
* DO NOT use this chart if you were born before January 2, 1940, or you are blind, OR if someone else can claim an exemption for you (or your spouse if married filing jointly). Use Table II or III instead.

Table II. Standard Deduction Chart for People Who Were Born Before January 2, 1940, or Were Blind*

Check the correct number of boxes below. Then go to the chart.
     
You Born before
January 2, 1940 m

Blind m
Your spouse, if claiming
spouse's exemption
Born before
January 2, 1940m

Blind m
     
Total number of boxes you checked mm____
IF your
filing status is . . .
AND the number on the line above is . . . THEN your
standard deduction is . . .
Single 1
2
$6,050
7,250
Married filing joint return or Qualifying widow(er) with dependent child 1
2
3
4
10,650
11,600
12,550
13,500
Married filing separate return 1
2
3
4
5,800
6,750
7,700
8,650
Head of household 1
2
8,350
9,550
*If someone else can claim an exemption for you (or your spouse if married filing jointly), use Table III instead.

Table III. Standard Deduction Worksheet for Dependents*

If you were born before January 2, 1940, or you were blind, check the correct number of boxes below. Then go to the worksheet.
             
You Born before
January 2, 1940m
 
Blind m
Your spouse, if claiming spouse's exemption Born before
January 2, 1940m
 
Blind m
             
    Total number of boxes you checked mm____
1.   Enter your earned income (defined below). If none, enter -0- 1.             
2.   Additional amount 2. $250
3.   Add lines 1 and 2 3.             
4.   Minimum standard deduction 4. $800
5.   Enter the larger of line 3 or line 4 5.             
6.   Enter the amount shown below for your filing status.
  • Single or Married filing separately—$4,850
  • Married filing jointly or Qualifying widow(er) with dependent child—$9,700
  • Head of household—$7,150
6.             
7. Standard deduction.    
  a. Enter the smaller of line 5 or line 6. If born after January 1, 1940, and not blind, stop here. This is your standard deduction. Otherwise, go on to line 7b. 7a.             
  b. If born before January 2, 1940, or blind, multiply $1,200 ($950 if married or qualifying widow(er) with dependent child) by the number in the box above. 7b.             
  c. Add lines 7a and 7b. This is your standard deduction for 2004. 7c.             
Earned income includes wages, salaries, tips, professional fees, and other compensation received for personal services you performed. It also includes any amount received as a scholarship that you must include in your income.
*Use this worksheet ONLY if someone else can claim an exemption for you (or your spouse if married filing jointly).

taxmap/pubs/p525-004.htm#TXMP72ae9959
Standard deduction for earlier years.
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To determine if amounts recovered in 2006 must be included in your income, you must know the standard deduction for your filing status for the year the deduction was claimed. The standard deduction tables for 2005, 2004, and 2003 are shown in Tables 2, 3, and 4. If you need the standard deduction amounts for years before 2003, see the copy of your return for that year.


taxmap/pubs/p525-004.htm#TXMP2af6be12
Example.

You filed a joint return for 2005 with taxable income of $45,000. Your itemized deductions were $10,350. The standard deduction that you could have claimed was $10,000. In 2006, you recovered $2,100 of your 2005 itemized deductions. None of the recoveries were more than the actual deductions for 2005. Include $350 of the recoveries in your 2006 income. This is the smaller of your recoveries ($2,100) or the amount by which your itemized deductions were more than the standard deduction ($10,350 − $10,000 = $350).


taxmap/pubs/p525-004.htm#TXMP1855139c
Negative taxable income.


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If your taxable income was a negative amount, reduce the recovery you must otherwise include in your income by the negative amount. For example, line 42 was more than line 41 on your 2005 Form 1040.


taxmap/pubs/p525-004.htm#TXMP6a479372
Example.

The facts are the same as in the previous example except line 42 was $200 more than line 41 on your 2005 Form 1040 giving you a negative taxable income of $200. You must include $150 in your 2006 income, rather than $350.


taxmap/pubs/p525-004.htm#TXMP0797f5eb
Recovery limited to deduction.


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You do not include in your income any amount of your recovery that is more than the amount you deducted in the earlier year. The amount you include in your income is limited to the smaller of:


taxmap/pubs/p525-004.htm#TXMP5e28025e
Example.

During 2005, you paid $1,700 for medical expenses. From this amount you subtracted $1,500, which was 7.5% of your adjusted gross income. Your actual medical expense deduction was $200. In 2006, you received a $500 reimbursement from your medical insurance for your 2005 expenses. The only amount of the $500 reimbursement that must be included in your income for 2006 is $200—the amount actually deducted.


taxmap/pubs/p525-004.htm#TXMP196804db
Itemized deductions limited.


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You were subject to the limit on itemized deductions in the earlier year if your adjusted gross income (AGI) was more than a base amount. For example, this amount was:

If the limit applied, your itemized deductions were reduced by the smaller of the following amounts.

If the amount you recovered was deducted in a year in which your itemized deductions were limited, you must include it in income up to the difference between the amount of itemized deductions actually allowed that year and the amount you would have been allowed (the greater of your itemized deductions or your standard deduction) if you had figured your deductions using only the net amount of the recovery item.

To determine the part of the recovery you must include in income, follow the two steps below.

  1. Figure the greater of:
    1. The standard deduction for the earlier year, or
    2. The amount of itemized deductions you would have been allowed for the earlier year (after taking into account the limit on itemized deductions) if you had figured them using only the net amount of the recovery item. The net amount is the amount you actually paid reduced by the recovery amount.
    Note. If you were required to itemize your deductions in the earlier year, use step 1(b) and not step 1(a).
  2. Subtract the amount in step 1 from the amount of itemized deductions actually allowed in the earlier year after applying the limit on itemized deductions.
The result of step 2 is the amount of the recovery to include in your income for the year you receive the recovery. If your taxable income for the earlier year was a negative amount, reduce your recovery by the negative amount.

If you had unused tax credits in the earlier year, see Unused tax credits on page 26.

For more information on this computation, see Revenue Ruling 93-75. This ruling is in Cumulative Bulletin 1993-2.


taxmap/pubs/p525-004.htm#TXMP35412224
Example.

Eileen Martin is single. She had an AGI of $1,145,950 and itemized her deductions on her federal income tax return for 2005. She was not subject to alternative minimum tax and was not entitled to any credit against income tax. Her only allowable deduction was $40,000 of state income taxes. Her state general sales tax was $20,000. Eileen deducted only $10,000 of her state income taxes in 2005 because her otherwise allowable deductions of $40,000 were reduced by $30,000. In 2006, she received a $5,000 refund of her state income taxes for 2005.

The following shows how Eileen figured the $30,000 reduction and other amounts from the Itemized Deduction Worksheet in the 2005 Schedule A (Form 1040) instructions. These amounts are needed to figure the part of the $5,000 refund that Eileen must include in her income for 2006.
AGI for 2005 $1,145,950
State income taxes paid in 2005 $40,000
3% reduction (amount on
2005 Itemized Deduction
nWorksheet, line 8),
n [($1,145,950 − $145,950) × 3%]
$30,000
80% reduction not applied (amount
non 2005 Itemized
nDeduction Worksheet, line 4)
n($40,000 × 80%)
$32,000
2005 deduction (amount on
2005 Itemized Deduction
nWorksheet, line 10)
n($40,000 − $30,000)
$10,000
Refund received in 2006 of 2005
nstate income tax
$5,000
Net amount of 2005 state income
ntax ($40,000 − $5,000)
$35,000

If Eileen had used the $35,000 net amount of state income tax to figure her itemized deductions for 2005, the deduction allowed would have been $7,000. This is her otherwise allowable deduction of $35,000 reduced by $28,000 ($35,000 × 80%). By deducting the full $10,000 paid in 2005, she derived a tax benefit of $3,000 ($10,000 − $7,000). Therefore, only $3,000 of the $5,000 refund is included in her income for 2006.


taxmap/pubs/p525-004.htm#TXMP0f4604d9
Unused tax credits.


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If you recover an item deducted in an earlier year in which you had unused tax credits, you must refigure the earlier year's tax to determine if you must include the recovery in your income. To do this, add the amount of the recovery to your earlier year's taxable income and refigure the tax and the credits on the recomputed amount. If the recomputed tax, after application of the credits, is more than the actual tax in the earlier year, include the recovery in your income up to the amount of the deduction that reduced the tax in the earlier year. For this purpose, any increase to a credit carried over to the current year that resulted from deducting the recovered amount in the earlier year is considered to have reduced your tax in the earlier year. If the recovery is for an itemized deduction claimed in a year in which the deductions were limited, see Itemized deductions limited, earlier.

If your tax, after application of the credits, does not change, you did not have a tax benefit from the deduction. Do not include the recovery in your income.


taxmap/pubs/p525-004.htm#TXMP338af70d
Example.

In 2005, Jean Black filed as head of household and itemized her deductions. Her taxable income was $5,260 and her tax was $528. She claimed a child care credit of $1,200. The credit reduced her tax to zero and she had an unused tax credit of $672 ($1,200 − $528). In 2006, Jean recovered $1,000 of her itemized deductions. She reduces her 2005 itemized deductions by $1,000 and recomputes that year's tax on taxable income of $6,260. However, the child care credit exceeds the recomputed tax of $628. Jean's tax liability for 2005 is not changed by reducing her deductions by the recovery. She did not have a tax benefit from the recovered deduction and does not include any of the recovery in her income for 2006.


taxmap/pubs/p525-004.htm#TXMP4c35a922
Subject to alternative minimum tax.


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If you were subject to the alternative minimum tax in the year of the deduction, you will have to recompute your tax for the earlier year to determine if the recovery must be included in your income. This will require a recomputation of your regular tax, as shown in the preceding example, and a recomputation of your alternative minimum tax. If inclusion of the recovery does not change your total tax, you do not include the recovery in your income. However, if your total tax increases by any amount, you received a tax benefit from the deduction and you must include the recovery in your income up to the amount of the deduction that reduced your tax in the earlier year.


taxmap/pubs/p525-004.htm#TXMP668d9cdd
Non-Itemized Deduction Recoveries


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left link arrow Recovery right link arrow

This section discusses recovery of deductions other than those deducted on Schedule A (Form 1040).


taxmap/pubs/p525-004.htm#TXMP7e48ac98
Total recovery included in income.


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If you recover an amount that you deducted in an earlier year in figuring your adjusted gross income, you generally must include the full amount of the recovery in your income in the year received.


taxmap/pubs/p525-004.htm#TXMP4b4dbffb
Total recovery not included in income.


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If any part of the deduction you took for the recovered amount did not reduce your tax, you may be able to exclude at least part of the recovery from your income. You must include the recovery in your income only up to the amount of the deduction that reduced your tax in the year of the deduction. (See Tax benefit rule, earlier.)


taxmap/pubs/p525-004.htm#TXMP6ce50853
Negative taxable income.


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If your taxable income was a negative amount, reduce the recovery by that negative amount. For example, line 42 was more than line 41 on your 2005 Form 1040. Include this reduced recovery in your income.


taxmap/pubs/p525-004.htm#TXMP0e404595
Unused tax credits.


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If you recover an item deducted in an earlier year in which you had unused tax credits, you must refigure the earlier year's tax to determine if you must include the recovery in your income. To do this, add the amount of the recovery to your earlier year's taxable income and refigure the tax and the credits on the recomputed amount. If the recomputed tax, after application of the credits, is more than the actual tax in the earlier year, include the recovery in your income up to the amount of the deduction that reduced the tax in the earlier year. For this purpose, any increase to a credit carried over to the current year that resulted from deducting the recovered amount in the earlier year is considered to have reduced your tax in the earlier year.

If your tax, after application of the credits, does not change, you did not have a tax benefit from the deduction. Do not include the recovery in your income.


taxmap/pubs/p525-004.htm#TXMP3cbfbde4
Amounts Recovered for Credits


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left link arrow Recovery right link arrow

If you received a recovery in 2006 for an item for which you claimed a tax credit in an earlier year, you must increase your 2006 tax by the amount of the recovery, up to the amount by which the credit reduced your tax in the earlier year. You had a recovery if there was a downward price adjustment or similar adjustment on the item for which you claimed a credit.

This rule does not apply to the investment credit or the foreign tax credit. Recoveries of these credits are covered by other provisions of the law. See Publication 514, Foreign Tax Credit for Individuals, or Form 4255, Recapture of Investment Credit, for details.


taxmap/pubs/p525-004.htm#TXMP7229e9cd
Survivor Benefits


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Survivor Benefits

Generally, payments made by or for an employer because of an employee's death must be included in income. The following discussions explain the tax treatment of certain payments made to survivors. For additional information, see Publication 559.


taxmap/pubs/p525-004.htm#TXMP5256a519
Lump-sum payments.


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Lump-sum payments you receive from a decedent's employer as the surviving spouse or beneficiary may be accrued salary payments; distributions from employee profit-sharing, pension, annuity, or stock bonus plans; or other items that should be treated separately for tax purposes. The tax treatment of these lump-sum payments depends on the type of payment.


taxmap/pubs/p525-004.htm#TXMP0c39971e
Salary or wages.
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Salary or wages received after the death of the employee are usually ordinary income to you.


taxmap/pubs/p525-004.htm#TXMP14b13d19
Qualified employee retirement plans.
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Lump-sum distributions from qualified employee retirement plans are subject to special tax treatment. For information on these distributions, see Publication 575 (or Publication 721, if you are the survivor of a federal employee or retiree).


taxmap/pubs/p525-004.htm#TXMP5cbec34a
Public safety officer killed in the line of duty.


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If you are a survivor of a public safety officer who was killed in the line of duty, you may be able to exclude from income certain amounts you receive. For this purpose, the term public safety officer includes law enforcement officers, firefighters, chaplains, and rescue squad and ambulance crew members. For more information, see Publication 559.


taxmap/pubs/p525-004.htm#TXMP2715504a
Unemployment Benefits


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Unemployment Compensation

The tax treatment of unemployment benefits you receive depends on the type of program paying the benefits.


taxmap/pubs/p525-004.htm#TXMP6aaf5356
Unemployment compensation.


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You must include in your income all unemployment compensation you receive. You should receive a Form 1099-G showing the amount paid to you. Generally, you enter unemployment compensation on line 19 of Form 1040, line 13 of Form 1040A, or line 3 of Form 1040EZ.


taxmap/pubs/p525-004.htm#TXMP50832ae6
Types of unemployment compensation.
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Unemployment compensation generally includes any amount received under an unemployment compensation law of the United States or of a state. It includes the following benefits.


taxmap/pubs/p525-004.htm#TXMP04fca69b
Governmental program.
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If you contribute to a governmental unemployment compensation program and your contributions are not deductible, amounts you receive under the program are not included as unemployment compensation until you recover your contributions.


taxmap/pubs/p525-004.htm#TXMP7e7f7fa2
Repayment of unemployment compensation.
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If you repaid in 2006 unemployment compensation you received in 2006, subtract the amount you repaid from the total amount you received and enter the difference on line 19 of Form 1040, line 13 of Form 1040A, or line 3 of Form 1040EZ. On the dotted line next to your entry, enter "Repaid" and the amount you repaid. If you repaid unemployment compensation in 2006 that you included in your income in an earlier year, you can deduct the amount repaid on Schedule A (Form 1040), line 22, if you itemize deductions. If the amount is more than $3,000, see Repayments, later.


taxmap/pubs/p525-004.htm#TXMP30e376ce
Tax withholding.
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You can choose to have federal income tax withheld from your unemployment compensation. To make this choice, complete Form W-4V, Voluntary Withholding Request, and give it to the paying office. Tax will be withheld at 10% of your payment.

If you do not choose to have tax withheld from your unemployment compensation, you may be liable for estimated tax. For more information on estimated tax, see Publication 505, Tax Withholding and Estimated Tax.


taxmap/pubs/p525-004.htm#TXMP0b4cf78a
Supplemental unemployment benefits.


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Benefits received from an employer-financed fund (to which the employees did not contribute) are not unemployment compensation. They are taxable as wages and are subject to withholding for income tax. They may be subject to social security and Medicare taxes. For more information, see Supplemental Unemployment Benefits in Publication 15-A, section 5, Employer's Supplemental Tax Guide. Report these payments on line 7 of Form 1040 or Form 1040A or on line 1 of Form 1040EZ.


taxmap/pubs/p525-004.htm#TXMP5bb72a91
Repayment of benefits.
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You may have to repay some of your supplemental unemployment benefits to qualify for trade readjustment allowances under the Trade Act of 1974. If you repay supplemental unemployment benefits in the same year you receive them, reduce the total benefits by the amount you repay. If you repay the benefits in a later year, you must include the full amount of the benefits in your income for the year you received them.

Deduct the repayment in the later year as an adjustment to gross income on Form 1040. (You cannot use Form 1040A or Form 1040EZ.) Include the repayment on Form 1040, line 36, and enter "Sub-Pay TRA" and the amount on the dotted line next to line 36. If the amount you repay in a later year is more than $3,000, you may be able to take a credit against your tax for the later year instead of deducting the amount repaid. For information on this, see Repayments, later.


taxmap/pubs/p525-004.htm#TXMP31a1b348
Private unemployment fund.


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Unemployment benefit payments from a private (nonunion) fund to which you voluntarily contribute are taxable only if the amounts you receive are more than your total payments into the fund. Report the taxable amount on Form 1040, line 21.


taxmap/pubs/p525-004.htm#TXMP7312de11
Payments by a union.


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Benefits paid to you as an unemployed member of a union from regular union dues are included in your income on Form 1040, line 21. However, if you contribute to a special union fund and your payments to the fund are not deductible, the unemployment benefits you receive from the fund are includible in your income only to the extent they are more than your contributions.


taxmap/pubs/p525-004.htm#TXMP4712286b
Guaranteed annual wage.


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Payments you receive from your employer during periods of unemployment, under a union agreement that guarantees you full pay during the year, are taxable as wages. Include them on line 7 of Form 1040 or Form 1040A or on line 1 of Form 1040EZ.


taxmap/pubs/p525-004.htm#TXMP6375a34a
State employees.


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Payments similar to a state's unemployment compensation may be made by the state to its employees who are not covered by the state's unemployment compensation law. Although the payments are fully taxable, do not report them as unemployment compensation. Report these payments on Form 1040, line 21.


taxmap/pubs/p525-004.htm#TXMP2d1e62d1
Welfare and Other  
Public Assistance Benefits


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Welfare and Other Public Assistance Benefits

Do not include in your income governmental benefit payments from a public welfare fund based upon need, such as payments due to blindness. Payments from a state fund for the victims of crime should not be included in the victims' incomes if they are in the nature of welfare payments. Do not deduct medical expenses that are reimbursed by such a fund. You must include in your income any welfare payments that are compensation for services or that are obtained fraudulently.


taxmap/pubs/p525-004.htm#TXMP31ae4bde
Work-training program.


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Payments you receive from a state welfare agency for taking part in a work-training program are not included in your income, as long as the payments (exclusive of extra allowances for transportation or other costs) do not total more than the public welfare benefits you would have received otherwise. If the payments are more than the welfare benefits you would have received, the entire amount must be included in your income as wages.


taxmap/pubs/p525-004.htm#TXMP1354c7d0
Alternative trade adjustment assistance (ATAA) payments.
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Payments you receive from a state agency under the Demonstration Project for Alternative Trade Adjustment Assistance for Older Workers (ATAA) must be included in your income. The state must send you Form 1099-G to advise you of the amount you should include in income. The amount should be reported on Form 1040, line 21.


taxmap/pubs/p525-004.htm#TXMP3c18cf3c
Persons with disabilities.


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If you have a disability, you must include in income compensation you receive for services you perform unless the compensation is otherwise excluded. However, you do not include in income the value of goods, services, and cash that you receive, not in return for your services, but for your training and rehabilitation because you have a disability. Excludable amounts include payments for transportation and attendant care, such as interpreter services for the deaf, reader services for the blind, and services to help mentally retarded persons do their work.


taxmap/pubs/p525-004.htm#TXMP438ecf95
Disaster relief grants.


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Do not include post-disaster grants received under the Disaster Relief and Emergency Assistance Act in your income if the grant payments are made to help you meet necessary expenses or serious needs for medical, dental, housing, personal property, transportation, or funeral expenses. Do not deduct casualty losses or medical expenses that are specifically reimbursed by these disaster relief grants. Unemployment assistance payments under the Act are taxable unemployment compensation. See Unemployment compensation under Unemployment Benefits, earlier.


taxmap/pubs/p525-004.htm#TXMP17e70b6c
Disaster relief payments.


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You can exclude from income any amount you receive that is a qualified disaster relief payment. A qualified disaster relief payment is an amount paid to you:

  1. To reimburse or pay reasonable and necessary personal, family, living, or funeral expenses that result from a qualified disaster,
  2. To reimburse or pay reasonable and necessary expenses incurred for the repair or rehabilitation of your home or repair or replacement of its contents to the extent it is due to a qualified disaster,
  3. By a person engaged in the furnishing or sale of transportation as a common carrier because of the death or personal physical injuries incurred as a result of a qualified disaster, or
  4. By a federal, state, or local government, or agency or instrumentality in connection with a qualified disaster in order to promote the general welfare.
You can exclude this amount only to the extent any expense it pays for is not paid for by insurance or otherwise. The exclusion does not apply if you were a participant or conspirator in a terrorist action or his or her representative.

A qualified disaster is:

For amounts paid under item (4), a disaster is qualified if it is determined by an applicable federal, state, or local authority to warrant assistance from the federal, state, or local government, agency, or instrumentality.


taxmap/pubs/p525-004.htm#TXMP0178d39e
Disaster mitigation payments.
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You also can exclude from income any amount you receive that is a qualified disaster mitigation payment. Like qualified disaster relief payments, qualified disaster mitigation payments are also most commonly paid to you in the period immediately following damage to property as a result of a natural disaster. However, disaster mitigation payments are grants you use to mitigate (reduce the severity of) potential damage from future natural disasters. They are paid to you through state and local governments based on the provisions of the Robert T. Stafford Disaster Relief and Emergency Assistance Act or the National Flood Insurance Act.

You cannot increase the basis or adjusted basis of your property for improvements made with nontaxable disaster mitigation payments.

If in a previous year you filed a tax return reporting disaster mitigation payments as taxable income, you should file Form 1040X to claim a refund for tax years that are not closed by the statute of limitations. The statute of limitations generally does not end until 3 years after the due date of your original return.


taxmap/pubs/p525-004.htm#TXMP4fd5e565
Mortgage assistance payments.


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Payments made under section 235 of the National Housing Act for mortgage assistance are not included in the homeowner's income. Interest paid for the homeowner under the mortgage assistance program cannot be deducted.


taxmap/pubs/p525-004.htm#TXMP2dcad846
Replacement housing payments.


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Replacement housing payments made under the Uniform Relocation Assistance and Real Property Acquisition Policies Act for Federal and Federally Assisted Programs are not includible in gross income, but are includible in the basis of the newly acquired property.


taxmap/pubs/p525-004.htm#TXMP18bda2df
Relocation payments and home rehabilitation grants.


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A relocation payment under section 105(a)(11) of the Housing and Community Development Act made by a local jurisdiction to a displaced individual moving from a flood-damaged residence to another residence is not includible in gross income. Home rehabilitation grants received by low-income homeowners in a defined area under the same act are also not includible in gross income.


taxmap/pubs/p525-004.htm#TXMP4c0e391a
Indian financing grants.


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Nonreimbursable grants under title IV of the Indian Financing Act of 1974 to Indians to expand profit-making Indian-owned economic enterprises on or near reservations are not includible in gross income.


taxmap/pubs/p525-004.htm#TXMP27153c7d
Medicare.


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Medicare benefits received under title XVIII of the Social Security Act are not includible in the gross income of the individuals for whom they are paid. This includes basic (part A (Hospital Insurance Benefits for the Aged)) and supplementary (part B (Supplementary Medical Insurance Benefits for the Aged)).


taxmap/pubs/p525-004.htm#TXMP711e1c0a
Old-age, survivors, and disability insurance benefits (OASDI).


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OASDI payments under section 202 of title II of the Social Security Act are not includible in the gross income of the individuals to whom they are paid. This applies to old-age insurance benefits, and insurance benefits for wives, husbands, children, widows, widowers, mothers and fathers, and parents, as well as the lump-sum death payment.


taxmap/pubs/p525-004.htm#TXMP330d88c1
Nutrition Program for the Elderly.


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Food benefits you receive under the Nutrition Program for the Elderly are not taxable. If you prepare and serve free meals for the program, include in your income as wages the cash pay you receive, even if you are also eligible for food benefits.


taxmap/pubs/p525-004.htm#TXMP5fee8013
Payments to reduce cost of winter energy.


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Payments made by a state to qualified people to reduce their cost of winter energy use are not taxable.


taxmap/pubs/p525-004.htm#TXMP4f0f6031
Other Income


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left link arrow Income right link arrow

The following brief discussions are arranged in alphabetical order. Income items that are discussed in greater detail in another publication include a reference to that publication.


taxmap/pubs/p525-004.htm#TXMP419f9219
Activity not for profit.


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You must include on your return income from an activity from which you do not expect to make a profit. An example of this type of activity is a hobby or a farm you operate mostly for recreation and pleasure. Enter this income on Form 1040, line 21. Deductions for expenses related to the activity are limited. They cannot total more than the income you report and can be taken only if you itemize deductions on Schedule A (Form 1040). See Not-for-Profit Activities in chapter 1 of Publication 535 for information on whether an activity is considered carried on for a profit.


taxmap/pubs/p525-004.htm#TXMP6846fa34
Alaska Permanent Fund dividend.


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If you received a payment from Alaska's mineral income fund (Alaska Permanent Fund dividend), report it as income on line 21 of Form 1040, line 13 of Form 1040A, or line 3 of Form 1040EZ. The state of Alaska sends each recipient a document that shows the amount of the payment with the check. The amount also is reported to the IRS.


taxmap/pubs/p525-004.htm#TXMP20db7574
Alimony.


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Include in your income on Form 1040, line 11, any alimony payments you receive. Amounts you receive for child support are not income to you. For complete information, see Publication 504, Divorced or Separated Individuals.


taxmap/pubs/p525-004.htm#TXMP0ebfa62c
Below-market loans.


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A below-market loan is a loan on which no interest is charged or on which the interest is charged at a rate below the applicable federal rate. If you make a below-market gift or demand loan, you must include the forgone interest (at the federal rate) as interest income on your return. These loans are considered a transaction in which you, the lender, are treated as having made:

Depending on the transaction, the additional payment to the borrower is treated as a: The borrower may have to report this payment as income, depending on its classification.

For more information on below-market loans, see chapter 1 of Publication 550.


taxmap/pubs/p525-004.htm#TXMP13c60c40
Bribes.


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If you receive a bribe, include it in your income.


taxmap/pubs/p525-004.htm#TXMP389474da
Campaign contributions.


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These contributions are not income to a candidate unless they are diverted to his or her personal use. To be exempt from tax, the contributions must be spent for campaign purposes or kept in a fund for use in future campaigns. However, interest earned on bank deposits, dividends received on contributed securities, and net gains realized on sales of contributed securities are taxable and must be reported on Form 1120-POL, U.S. Income Tax Return for Certain Political Organizations. Excess campaign funds transferred to an office account must be included in the officeholder's income on Form 1040, line 21, in the year transferred.


taxmap/pubs/p525-004.htm#TXMP18b6ce67
Canceled sales contract.


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If you sell property (such as land or a residence) under a contract, but the contract is canceled and you return the buyer's money in the same tax year as the original sale, you have no income from the sale. If the contract is canceled and you return the buyer's money in a later tax year, you must include your gain in your income for the year of the sale. When you return the money and take back the property in the later year, you treat the transaction as a purchase that gives you a new basis in the property equal to the funds you return to the buyer.

Special rules apply to the reacquisition of real property where a secured indebtedness (mortgage) to the original seller is involved. For further information, see Repossession in Publication 537, Installment Sales.


taxmap/pubs/p525-004.htm#TXMP35e515de
Car pools.


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Do not include in your income amounts you receive from the passengers for driving a car in a car pool to and from work. These amounts are considered reimbursement for your expenses. However, this rule does not apply if you have developed car pool arrangements into a profit-making business of transporting workers for hire.


taxmap/pubs/p525-004.htm#TXMP0db99087
Cash rebates.


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A cash rebate you receive from a dealer or manufacturer of an item you buy is not income, but you must reduce your basis by the amount of the rebate.


taxmap/pubs/p525-004.htm#TXMP1f951d1f
Example.

You buy a new car for $9,000 cash and receive a $400 rebate check from the manufacturer. The $400 is not income to you. Your basis in the car is $8,600. This is your basis on which you figure gain or loss if you sell the car, and depreciation if you use it for business.


taxmap/pubs/p525-004.htm#TXMP0525d6d0
Casualty insurance and other reimbursements.


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You generally should not report these reimbursements on your return, unless you are figuring gain or loss from the casualty or theft. See Publication 547, Casualties, Disasters, and Thefts, for more information.


taxmap/pubs/p525-004.htm#TXMP522d4d54
Charitable gift annuities.


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If you are the beneficiary of a charitable gift annuity, you must include the yearly annuity or fixed percentage payment in your income.

The payer will report the types of income you received on Form 1099-R. Report the gross distribution from box 1 on Form 1040, line 16a, or on Form 1040A, line 12a, and the part taxed as ordinary income (box 2a minus box 3) on Form 1040, line 16b, or on Form 1040A, line 12b. Report the portion taxed as capital gain (box 3) on Schedule D, line 8.


taxmap/pubs/p525-004.htm#TXMP32868768
Child support payments.


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You should not report these payments on your return. See Publication 504 for more information.


taxmap/pubs/p525-004.htm#TXMP57379c10
Court awards and damages.


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To determine if settlement amounts you receive by compromise or judgment must be included in your income, you must consider the item that the settlement replaces. Include the following as ordinary income.

  1. Interest on any award.
  2. Compensation for lost wages or lost profits in most cases.
  3. Punitive damages, in most cases. It does not matter if they relate to a physical injury or physical sickness.
  4. Amounts received in settlement of pension rights (if you did not contribute to the plan).
  5. Damages for:
    1. Patent or copyright infringement,
    2. Breach of contract, or
    3. Interference with business operations.
  6. Back pay and damages for emotional distress received to satisfy a claim under Title VII of the Civil Rights Act of 1964.
  7. Attorney fees and costs (including contingent fees) where the underlying recovery is included in gross income.

Do not include in your income compensatory damages for personal physical injury or physical sickness (whether received in a lump sum or installments).


taxmap/pubs/p525-004.htm#TXMP630e4e24
Emotional distress.
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Emotional distress itself is not a physical injury or physical sickness, but damages you receive for emotional distress due to a physical injury or sickness are treated as received for the physical injury or sickness. Do not include them in your income.

If the emotional distress is due to a personal injury that is not due to a physical injury or sickness (for example, unlawful discrimination or injury to reputation), you must include the damages in your income, except for any damages you receive for medical care due to that emotional distress. Emotional distress includes physical symptoms that result from emotional distress, such as headaches, insomnia, and stomach disorders.


taxmap/pubs/p525-004.htm#TXMP5135bcdc
Deduction for costs involved in unlawful discrimination suits.
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You may be able to deduct attorney fees and court costs paid to recover a judgment or settlement for a claim of unlawful discrimination under various provisions of federal, state, and local law listed in Internal Revenue Code section 62(e), a claim against the United States government, or a claim under section 1862(b)(3)(A) of the Social Security Act. You can claim this deduction as an adjustment to income on Form 1040, line 36. The following rules apply.


taxmap/pubs/p525-004.htm#TXMP438310b1
Pre-existing agreement.
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If you receive damages under a written binding agreement, court decree, or mediation award that was in effect (or issued on or before) September 13, 1995, do not include in income any of those damages received on account of personal injuries or sickness.


taxmap/pubs/p525-004.htm#TXMP692b20ab
Credit card insurance.


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Generally, if you receive benefits under a credit card disability or unemployment insurance plan, the benefits are taxable to you. These plans make the minimum monthly payment on your credit card account if you cannot make the payment due to injury, illness, disability, or unemployment. Report on Form 1040, line 21, the amount of benefits you received during the year that is more than the amount of the premiums you paid during the year.


taxmap/pubs/p525-004.htm#TXMP3d372e81
Down payment assistance.


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If you purchase a home and receive assistance from a nonprofit corporation to make the down payment, that assistance is not included in your income. If the corporation qualifies as a tax-exempt charitable organization, the assistance is treated as a gift and is included in your basis of the house. If the corporation does not qualify, the assistance is treated as a rebate or reduction of the purchase price and is not included in your basis.


taxmap/pubs/p525-004.htm#TXMP1564c43d
Employment agency fees.


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If you get a job through an employment agency, and the fee is paid by your employer, the fee is not includible in your income if you are not liable for it. However, if you pay it and your employer reimburses you for it, it is includible in your income.


taxmap/pubs/p525-004.htm#TXMP0dbaca74
Energy conservation subsidies.


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You can exclude from gross income any subsidy provided, either directly or indirectly, by public utilities for the purchase or installation of an energy conservation measure for a dwelling unit.


taxmap/pubs/p525-004.htm#TXMP0fdf0575
Energy conservation measure.
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This includes installations or modifications that are primarily designed to reduce consumption of electricity or natural gas, or improve the management of energy demand.


taxmap/pubs/p525-004.htm#TXMP20129661
Dwelling unit.
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This includes a house, apartment, condominium, mobile home, boat, or similar property. If a building or structure contains both dwelling and other units, any subsidy must be properly allocated.


taxmap/pubs/p525-004.htm#TXMP0a5e45bb
Estate and trust income.


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An estate or trust, unlike a partnership, may have to pay federal income tax. If you are a beneficiary of an estate or trust, you may be taxed on your share of its income distributed or required to be distributed to you. However, there is never a double tax. Estates and trusts file their returns on Form 1041, U.S. Income Tax Return for Estates and Trusts, and your share of the income is reported to you on Schedule K-1 (Form 1041), Beneficiary's Share of Income, Deductions, Credits, etc.


taxmap/pubs/p525-004.htm#TXMP25bbd231
Current income required to be distributed.
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If you are the beneficiary of an estate or trust that must distribute all of its current income, you must report your share of the distributable net income, whether or not you actually received it.


taxmap/pubs/p525-004.htm#TXMP6683f22a
Current income not required to be distributed.
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If you are the beneficiary of an estate or trust and the fiduciary has the choice of whether to distribute all or part of the current income, you must report:

up to the amount of your share of distributable net income.


taxmap/pubs/p525-004.htm#TXMP66b49d87
How to report.
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Treat each item of income the same way that the estate or trust would treat it. For example, if a trust's dividend income is distributed to you, you report the distribution as dividend income on your return. The same rule applies to distributions of tax-exempt interest and capital gains.

The fiduciary of the estate or trust must tell you the type of items making up your share of the estate or trust income and any credits you are allowed on your individual income tax return.


taxmap/pubs/p525-004.htm#TXMP3e44d9ff
Losses.
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Losses of estates and trusts generally are not deductible by the beneficiaries.


taxmap/pubs/p525-004.htm#TXMP447b35db
Grantor trust.
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Income earned by a grantor trust is taxable to the grantor, not the beneficiary, if the grantor keeps certain control over the trust. (The grantor is the one who transferred property to the trust.) This rule applies if the property (or income from the property) put into the trust will or may revert (be returned) to the grantor or the grantor's spouse.

Generally, a trust is a grantor trust if the grantor has a reversionary interest valued (at the date of transfer) at more than 5% of the value of the transferred property.


taxmap/pubs/p525-004.htm#TXMP06065356
Expenses paid by another.


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If your personal expenses are paid for by another person, such as a corporation, the payment may be taxable to you depending upon your relationship with that person and the nature of the payment. But if the payment makes up for a loss caused by that person, and only restores you to the position you were in before the loss, the payment is not includible in your income.


taxmap/pubs/p525-004.htm#TXMP0cb034d9
Fees for services.


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Include all fees for your services in your income. Examples of these fees are amounts you receive for services you perform as:

If you are not an employee and the fees for your services from the same payor total $600 or more for the year, you may receive a Form 1099-MISC.


taxmap/pubs/p525-004.htm#TXMP39ec712e
Corporate director.
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Corporate director fees are self-employment income. Report these payments on Schedule C or Schedule C-EZ (Form 1040).


taxmap/pubs/p525-004.htm#TXMP2c046989
Personal representatives.
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All personal representatives must include in their gross income fees paid to them from an estate. If you are not in the trade or business of being an executor (for instance, you are the executor of a friend's or relative's estate), report these fees on Form 1040, line 21. If you are in the trade or business of being an executor, report these fees as self-employment income on Schedule C or Schedule C-EZ (Form 1040). The fee is not includible in income if it is waived.


taxmap/pubs/p525-004.htm#TXMP7847ccac
Manager of trade or business for bankruptcy estate.
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Include in your income all payments received from your bankruptcy estate for managing or operating a trade or business that you operated before you filed for bankruptcy. Report this income on Form 1040, line 21.


taxmap/pubs/p525-004.htm#TXMP6ac8caa7
Notary public.
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Report payments for these services on Schedule C or Schedule C-EZ (Form 1040). These payments are not subject to self-employment tax. (See the separate instructions for Schedule SE (Form 1040) for details.)


taxmap/pubs/p525-004.htm#TXMP2b3c6580
Election precinct official.
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You should receive a Form W-2 showing payments for services performed as an election official or election worker. Report these payments on line 7 of Form 1040 or Form 1040A or on line 1 of Form 1040EZ.


taxmap/pubs/p525-004.htm#TXMP0aaec9a9
Food program payments to daycare providers.


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If you operate a daycare service and receive payments under the Child and Adult Care Food Program administered by the Department of Agriculture that are not for your services, the payments generally are not included in your income. However, you must include in your income any part of the payments you do not use to provide food to individuals eligible for help under the program.


taxmap/pubs/p525-004.htm#TXMP097c10e2
Foreign currency transactions.


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If you have a gain on a personal foreign currency transaction because of changes in exchange rates, you do not have to include that gain in your income unless it is more than $200. If the gain is more than $200, report it as a capital gain.


taxmap/pubs/p525-004.htm#TXMP632d251d
Foster-care providers.


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Payments you receive from a state, political subdivision, or a qualified foster care placement agency for providing care to qualified foster individuals in your home generally are not included in your income. However, you must include in your income payments received for the care of more than 5 individuals age 19 or older and certain difficulty-of-care payments.

A qualified foster individual is a person who:

  1. Is living in a foster family home, and
  2. Was placed there by:
    1. An agency of a state or one of its political subdivisions, or
    2. A qualified foster care placement agency.


taxmap/pubs/p525-004.htm#TXMP1b951739
Difficulty-of-care payments.
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These are additional payments that are designated by the payer as compensation for providing the additional care that is required for physically, mentally, or emotionally handicapped qualified foster individuals. A state must determine that the additional compensation is needed, and the care for which the payments are made must be provided in your home.

You must include in your income difficulty-of-care payments received for more than:


taxmap/pubs/p525-004.htm#TXMP1fac8773
Maintaining space in home.
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If you are paid to maintain space in your home for emergency foster care, you must include the payment in your income.


taxmap/pubs/p525-004.htm#TXMP6fa96dc7
Reporting taxable payments.
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If you receive payments that you must include in your income, you are in business as a foster-care provider and you are self-employed. Report the payments on Schedule C or Schedule C-EZ (Form 1040). See Publication 587, Business Use of Your Home (Including Use by Daycare Providers), to help you determine the amount you can deduct for the use of your home.


taxmap/pubs/p525-004.htm#TXMP5b9c0034
Found property.


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If you find and keep property that does not belong to you that has been lost or abandoned (treasure-trove), it is taxable to you at its fair market value in the first year it is your undisputed possession.


taxmap/pubs/p525-004.htm#TXMP379ec51c
Free tour.


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If you received a free tour from a travel agency for organizing a group of tourists, you must include its value in your income. Report the fair market value of the tour on Form 1040, line 21, if you are not in the trade or business of organizing tours. You cannot deduct your expenses in serving as the voluntary leader of the group at the group's request. If you organize tours as a trade or business, report the tour's value on Schedule C or Schedule C-EZ (Form 1040).


taxmap/pubs/p525-004.htm#TXMP5df12852
Gambling winnings.


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You must include your gambling winnings in your income on Form 1040, line 21. If you itemize your deductions on Schedule A (Form 1040), you can deduct gambling losses you had during the year, but only up to the amount of your winnings.


taxmap/pubs/p525-004.htm#TXMP7c2ca4fe
Lotteries and raffles.
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Winnings from lotteries and raffles are gambling winnings. In addition to cash winnings, you must include in your income the fair market value of bonds, cars, houses, and other noncash prizes. However, the difference between the fair market value and the cost of an oil and gas lease obtained from the government through a lottery is not includible in income.


taxmap/pubs/p525-004.htm#TXMP7d0881c4
Installment payments.
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Generally, if you win a state lottery prize payable in installments, you must include in your gross income the annual payments and any amounts you receive designated as interest on the unpaid installments. If you sell future lottery payments for a lump sum, you must report the amount you receive from the sale as ordinary income (Form 1040, line 21) in the year you receive it.


taxmap/pubs/p525-004.htm#TXMP4f188afa
Form W-2G.
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You may have received a Form W-2G, Certain Gambling Winnings, showing the amount of your gambling winnings and any tax taken out of them. Include the amount from box 1 on Form 1040, line 21. Include the amount shown in box 2 on Form 1040, line 64, as federal income tax withheld.


taxmap/pubs/p525-004.htm#TXMP222d8560
Gifts and inheritances.


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Generally, property you receive as a gift, bequest, or inheritance is not included in your income. However, if property you receive this way later produces income such as interest, dividends, or rents, that income is taxable to you. If property is given to a trust and the income from it is paid, credited, or distributed to you, that income is also taxable to you. If the gift, bequest, or inheritance is the income from the property, that income is taxable to you.


taxmap/pubs/p525-004.htm#TXMP6ccb2292
Inherited pension or IRA.
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If you inherited a pension or an individual retirement arrangement (IRA), you may have to include part of the inherited amount in your income. See Survivors and Beneficiaries in Publication 575, if you inherited a pension. See What If You Inherit an IRA in Publication 590, if you inherited an IRA.


taxmap/pubs/p525-004.htm#TXMP67764733
Expected inheritance.
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If you sell an interest in an expected inheritance from a living person, include the entire amount you receive in gross income on Form 1040, line 21.


taxmap/pubs/p525-004.htm#TXMP2197f62c
Bequest for services.
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If you receive cash or other property as a bequest for services you performed while the decedent was alive, the value is taxable compensation.


taxmap/pubs/p525-004.htm#TXMP33d28c98
Historic preservation grants.


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Do not include in your income any payment you receive under the National Historic Preservation Act to preserve a historically significant property.


taxmap/pubs/p525-004.htm#TXMP1c18de3a
Hobby losses.


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Losses from a hobby are not deductible from other income. A hobby is an activity from which you do not expect to make a profit. See Activity not for profit, earlier under Other Income.

If you collect stamps, coins, or other items as a hobby for recreation and pleasure, and you sell any of the items, your gain is taxable as a capital gain. However, if you sell items from your collection at a loss, you cannot deduct the loss.


taxmap/pubs/p525-004.htm#TXMP6d3b4ff1
Holocaust victims restitution.


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Restitution payments you receive as a Holocaust victim (or the heir of a Holocaust victim) and interest earned on the payments, including interest earned on amounts held in certain escrow accounts or funds, are not taxable. You also do not include them in any computations in which you would ordinarily add excludable income to your adjusted gross income, such as the computation to determine the taxable part of social security benefits. If the payments are made in property, your basis in the property is its fair market value when you receive it.

Excludable restitution payments are payments or distributions made by any country or any other entity because of persecution of an individual on the basis of race, religion, physical or mental disability, or sexual orientation by Nazi Germany, any other Axis regime, or any other Nazi-controlled or Nazi-allied country, whether the payments are made under a law or as a result of a legal action. They include compensation or reparation for property losses resulting from Nazi persecution, including proceeds under insurance policies issued before and during World War II by European insurance companies.


taxmap/pubs/p525-004.htm#TXMP06a7489a
Illegal income.


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Illegal income, such as money from dealing illegal drugs, must be included in your income on Form 1040, line 21, or on Schedule C or Schedule C-EZ (Form 1040) if from your self-employment activity.


taxmap/pubs/p525-004.htm#TXMP014abf07
Indian fishing rights.


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If you are a member of a qualified Indian tribe that has fishing rights secured by treaty, executive order, or an Act of Congress as of March 17, 1988, do not include in your income amounts you receive from activities related to those fishing rights. The income is not subject to income tax, self-employment tax, or employment taxes.


taxmap/pubs/p525-004.htm#TXMP4b9a9417
Interest on frozen deposits.


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In general, you exclude from your income the amount of interest earned on a frozen deposit. A deposit is frozen if, at the end of the calendar year, you cannot withdraw any part of the deposit because:


taxmap/pubs/p525-004.htm#TXMP674efee0
Excludable amount.
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The amount of interest you exclude from income for the year is the interest that was credited on the frozen deposit for that tax year minus the sum of:

  1. The net amount withdrawn from the deposit during that year, and
  2. The amount that could have been withdrawn at the end of that tax year (not reduced by any penalty for premature withdrawals of a time deposit).
The excluded part of the interest is included in your income in the tax year it becomes withdrawable.


taxmap/pubs/p525-004.htm#TXMP36a67bc5
Interest on qualified savings bonds.


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You may be able to exclude from income the interest from qualified U.S. savings bonds you redeem if you pay qualified higher educational expenses in the same year. Qualified higher educational expenses are those you pay for tuition and required fees at an eligible educational institution for you, your spouse, or your dependent. A qualified U.S. savings bond is a series EE bond issued after 1989 or a series I bond. The bond must have been issued to you when you were 24 years of age or older. For more information on this exclusion, see Education Savings Bond Program in chapter 1 of Publication 550.


taxmap/pubs/p525-004.htm#TXMP42599f26
Interest on state and local government obligations.


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This interest is usually exempt from federal tax. However, you must show the amount of any tax-exempt interest on your federal income tax return. For more information, see State or Local Government Obligations in chapter 1 of Publication 550.


taxmap/pubs/p525-004.htm#TXMP03656cad
Job interview expenses.


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If a prospective employer asks you to appear for an interview and either pays you an allowance or reimburses you for your transportation and other travel expenses, the amount you receive generally is not taxable. You include in income only the amount you receive that is more than your actual expenses.


taxmap/pubs/p525-004.htm#TXMP22b11552
Jury duty.


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Jury duty pay you receive must be included in your income on Form 1040, line 21, or Form 1040A, line 13. If you must give the pay to your employer because your employer continues to pay your salary while you serve on the jury, you can deduct the amount turned over to your employer as an adjustment to income. Enter the amount you repay your employer on Form 1040, line 34, or Form 1040A, line 19.


taxmap/pubs/p525-004.htm#TXMP2abfac34
Kickbacks.


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You must include kickbacks, side commissions, push money, or similar payments you receive in your income on Form 1040, line 21, or on Schedule C or Schedule C-EZ (Form 1040) if from your self-employment activity.


taxmap/pubs/p525-004.htm#TXMP7c26b803
Example.

You sell cars and help arrange car insurance for buyers. Insurance brokers pay back part of their commissions to you for referring customers to them. You must include the kickbacks in your income.


taxmap/pubs/p525-004.htm#TXMP2cf3f7c8
Manufacturer incentive payments.


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You must include as other income on Form 1040, line 21 (or Schedule C or Schedule C-EZ (Form 1040) if you are self-employed) incentive payments from a manufacturer that you receive as a salesperson. This is true whether you receive the payment directly from the manufacturer or through your employer.


taxmap/pubs/p525-004.htm#TXMP7703d1a3
Example.

You sell cars for an automobile dealership and receive incentive payments from the automobile manufacturer every time you sell a particular model of car. You report the incentive payments on Form 1040, line 21.


taxmap/pubs/p525-004.htm#TXMP44c711fb
Medical savings accounts (Archer MSAs and Medicare Advantage MSAs).


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You generally do not include in income amounts you withdraw from your Archer MSA or Medicare Advantage MSA if you use the money to pay for qualified medical expenses. Generally, qualified medical expenses are those you can deduct on Schedule A (Form 1040). For more information about Archer MSAs or Medicare Advantage MSAs, see Publication 969.


taxmap/pubs/p525-004.htm#TXMP3b7b892d
Moving expense reimbursements.


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You generally should not report these benefits on your return. See Publication 521 for more information.


taxmap/pubs/p525-004.htm#TXMP41009ced
Prizes and awards.


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If you win a prize in a lucky number drawing, television or radio quiz program, beauty contest, or other event, you must include it in your income. For example, if you win a $50 prize in a photography contest, you must report this income on Form 1040, line 21. If you refuse to accept a prize, do not include its value in your income.

Prizes and awards in goods or services must be included in your income at their fair market value.


taxmap/pubs/p525-004.htm#TXMP3cce1cac
Employee awards or bonuses.
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Cash awards or bonuses given to you by your employer for good work or suggestions generally must be included in your income as wages. However, certain noncash employee achievement awards can be excluded from income. See Bonuses and awards under Miscellaneous Compensation, earlier.


taxmap/pubs/p525-004.htm#TXMP08be8f3e
Prize points.
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If you are a salesperson and receive prize points redeemable for merchandise, that are awarded by a distributor or manufacturer to employees of dealers, you must include their fair market value in your income. The prize points are taxable in the year they are paid or made available to you, rather than in the year you redeem them for merchandise.


taxmap/pubs/p525-004.htm#TXMP6999edd3
Pulitzer, Nobel, and similar prizes.
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If you were awarded a prize in recognition of accomplishments in religious, charitable, scientific, artistic, educational, literary, or civic fields, you generally must include the value of the prize in your income. However, you do not include this prize in your income if you meet all of the following requirements.

  1. You were selected without any action on your part to enter the contest or proceeding.
  2. You are not required to perform substantial future services as a condition for receiving the prize or award.
  3. The prize or award is transferred by the payer directly to a governmental unit or tax-exempt charitable organization as designated by you. The following conditions apply to the transfer.
    1. You cannot use the prize or award before it is transferred.
    2. You should provide the designation before the prize or award is presented to prevent a disqualifying use. The designation should contain:
      1. The purpose of the designation by making a reference to section 74(b)(3) of the Internal Revenue Code,
      2. A description of the prize or award,
      3. The name and address of the organization to receive the prize or award,
      4. Your name, address, and taxpayer identification number, and
      5. Your signature and the date signed.
    3. In the case of an unexpected presentation, you must return the prize or award before using it (or spending, depositing, investing it, etc., in the case of money) and then prepare the statement as described in (b).
    4. After the transfer, you should receive from the payer a written response stating when and to whom the designated amounts were transferred.

These rules do not apply to scholarship or fellowship awards. See Scholarships and fellowships, later.


taxmap/pubs/p525-004.htm#TXMP79bb8622
Qualified tuition program (QTP).


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A qualified tuition program (also known as a 529 program) is a program set up to allow you to either prepay or contribute to an account established for paying a student's qualified higher education expenses at an eligible educational institution. A program can be established and maintained by a state, an agency or instrumentality of a state, or an eligible educational institution.

The part of a distribution representing the amount paid or contributed to a QTP is not included in income. This is a return of the investment in the program.

The beneficiary generally does not include in income any earnings distributed from a QTP if the total distribution is less than or equal to adjusted qualified higher education expenses. See Publication 970 for more information.


taxmap/pubs/p525-004.htm#TXMP018f654f
Railroad retirement annuities.


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The following types of payments are treated as pension or annuity income and are taxable under the rules explained in Publication 575.


taxmap/pubs/p525-004.htm#TXMP11af9565
Rewards.


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If you receive a reward for providing information, include it in your income.


taxmap/pubs/p525-004.htm#TXMP7d0b4e62
Sale of home.


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You may be able to exclude from income all or part of any gain from the sale or exchange of a personal residence. See Publication 523.


taxmap/pubs/p525-004.htm#TXMP4242dc7f
Sale of personal items.


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If you sold an item you owned for personal use, such as a car, refrigerator, furniture, stereo, jewelry, or silverware, your gain is taxable as a capital gain. Report it on Schedule D (Form 1040). You cannot deduct a loss.

However, if you sold an item you held for investment, such as gold or silver bullion, coins, or gems, any gain is taxable as a capital gain and any loss is deductible as a capital loss.


taxmap/pubs/p525-004.htm#TXMP337aaf0b
Example.
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You sold a painting on an online auction website for $100. You bought the painting for $20 at a garage sale years ago. Report your $80 gain as a capital gain on Schedule D (Form 1040).


taxmap/pubs/p525-004.htm#TXMP0ce2361a
Scholarships and fellowships.


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A candidate for a degree can exclude amounts received as a qualified scholarship or fellowship. A qualified scholarship or fellowship is any amount you receive that is for:

Amounts used for room and board do not qualify for the exclusion. See Publication 970 for more information on qualified scholarships and fellowship grants.


taxmap/pubs/p525-004.htm#TXMP1f649db2
Payment for services.
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Generally, you must include in income the part of any scholarship or fellowship that represents payment for past, present, or future teaching, research, or other services. This applies even if all candidates for a degree must perform the services to receive the degree.

Do not include in income the part of any scholarship or fellowship representing payment for teaching, research, or other services if you receive the amount under the National Health Service Corps Scholarship Program or the Armed Forces Health Professions Scholarship and Financial Assistance Program.

For information about the rules that apply to a tax-free qualified tuition reduction provided to employees and their families by an educational institution, see Publication 970.


taxmap/pubs/p525-004.htm#TXMP6b843082
VA payments.
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Allowances paid by the Department of Veterans Affairs are not included in your income. These allowances are not considered scholarship or fellowship grants.


taxmap/pubs/p525-004.htm#TXMP762afea9
Prizes.
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Scholarship prizes won in a contest are not scholarships or fellowships if you do not have to use the prizes for educational purposes. You must include these amounts in your income on Form 1040, line 21, whether or not you use the amounts for educational purposes.


taxmap/pubs/p525-004.htm#TXMP47ee4f9a
Smallpox vaccine injuries.


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If you are an eligible individual who receives benefits under the Smallpox Emergency Personnel Protection Act of 2003 for a covered injury resulting from a covered countermeasure, you can exclude the payment from your income (to the extent it is not allowed as a medical and dental expense deduction on Schedule A (Form 1040)). Eligible individuals include health care workers, emergency personnel, and first responders in a smallpox emergency, who have received a smallpox vaccination.


taxmap/pubs/p525-004.htm#TXMP5c14d3ee
Social security and equivalent railroad retirement benefits.


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Social security or equivalent railroad retirement benefits, if taxable, must be included in the income of the person who has the legal right to receive the benefits. Whether any of your benefits are taxable, and the amount that is taxable, depends on the amount of the benefits and your other income.

Social security benefits include any monthly benefit under Title II of the Social Security Act and any part of a tier I railroad retirement benefit treated as a social security benefit. Social security benefits do not include any supplemental security income (SSI) payments.


taxmap/pubs/p525-004.htm#TXMP081e91a0
Form SSA-1099.
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If you received social security benefits during the year, you will receive Form SSA-1099, Social Security Benefit Statement. An IRS Notice 703 will be enclosed with your Form SSA-1099. This notice includes a worksheet you can use to figure whether any of your benefits are taxable.

For an explanation of the information found on your Form SSA-1099, see Publication 915.


taxmap/pubs/p525-004.htm#TXMP1dd86020
Form RRB-1099.
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If you received equivalent railroad retirement or special guaranty benefits during the year, you will receive Form RRB-1099, Payments by the Railroad Retirement Board.

For an explanation of the information found on your Form RRB-1099, see Publication 915.

If you received other railroad retirement benefits, see Railroad retirement annuities, earlier.


taxmap/pubs/p525-004.htm#TXMP53227540
Joint return.
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If you are married and file a joint return, you and your spouse must combine your incomes and your social security and equivalent railroad retirement benefits when figuring 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 when figuring if any of your benefits are taxable.


taxmap/pubs/p525-004.htm#TXMP48334862
Taxable amount.
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Use the worksheet in the Form 1040 or Form 1040A instruction package to determine the amount of your benefits to include in your income. Publication 915 also has worksheets you can use. However, you must use the worksheets in Publication 915 if any of the following situations apply.


taxmap/pubs/p525-004.htm#TXMP7127e439
Benefits may affect your IRA deduction.
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You must use the special worksheets in appendix B of Publication 590 to figure your taxable benefits and your IRA deduction if all of the following conditions apply.


taxmap/pubs/p525-004.htm#TXMP0e19a220
How to report.
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If any of your benefits are taxable, you must use either Form 1040 or Form 1040A to report the taxable part. You cannot use Form 1040EZ. Report your net benefits (the amount in box 5 of your Forms SSA-1099 and RRB-1099) on line 20a of Form 1040 or line 14a of Form 1040A. Report the taxable part (from the last line of the worksheet) on line 20b of Form 1040 or on line 14b of Form 1040A.


taxmap/pubs/p525-004.htm#TXMP16afbe70
Stolen property.


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If you steal property, you must report its fair market value in your income in the year you steal it unless in the same year, you return it to its rightful owner.


taxmap/pubs/p525-004.htm#TXMP40ff8766
Transporting school children.


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Do not include in your income a school board mileage allowance for taking children to and from school if you are not in the business of taking children to school. You cannot deduct expenses for providing this transportation.


taxmap/pubs/p525-004.htm#TXMP27162b9b
Union benefits and dues.


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Amounts deducted from your pay for union dues, assessments, contributions, or other payments to a union cannot be excluded from your income.

You may be able to deduct some of these payments as a miscellaneous deduction subject to the 2% of AGI limit if they are related to your job and if you itemize deductions on Schedule A (Form 1040). For more information, get Publication 529, Miscellaneous Deductions.


taxmap/pubs/p525-004.htm#TXMP378c749a
Strike and lockout benefits.
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Benefits paid to you by a union as strike or lockout benefits, including both cash and the fair market value of other property, usually are included in your income as compensation. You can exclude these benefits from your income only when the facts clearly show that the union intended them as gifts to you.


taxmap/pubs/p525-004.htm#TXMP3d187677
Reimbursed union convention expenses.
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If you are a delegate of your local union chapter and you attend the annual convention of the international union, do not include in your income amounts you receive from the international union to reimburse you for expenses of traveling away from home to attend the convention. You cannot deduct the reimbursed expenses, even if you are reimbursed in a later year. If you are reimbursed for lost salary, you must include that reimbursement in your income.


taxmap/pubs/p525-004.htm#TXMP1e728509
Utility rebates.


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If you are a customer of an electric utility company and you participate in the utility's energy conservation program, you may receive on your monthly electric bill either:

The amount of the rate reduction or nonrefundable credit is not included in your income.

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