Publication 970
taxmap/pubs/p970-055.htm#en_us_publink1000178742You can get help with unresolved tax issues, order free publications
and forms, ask tax questions, and get information from the IRS in several ways.
By selecting the method that is best for you, you will have quick and easy
access to tax help.
taxmap/pubs/p970-055.htm#en_us_publink1000178743The Taxpayer Advocate Service (TAS) is an independent organization
within the IRS. We help taxpayers who are experiencing economic harm, such as
not being able to provide necessities like housing, transportation, or food;
taxpayers who are seeking help in resolving tax problems with the IRS; and those
who believe that an IRS system or procedure is not working as it should. Here
are seven things every taxpayer should know about TAS:
- The Taxpayer Advocate Service is your voice at the IRS.
- Our service is free, confidential, and tailored to meet your
needs.
- You may be eligible for our help if you have tried to resolve
your tax problem through normal IRS channels and have gotten nowhere, or you
believe an IRS procedure just isn't working as it should.
- We help taxpayers whose problems are causing financial difficulty
or significant cost, including the cost of professional representation. This
includes businesses as well as individuals.
- Our employees know the IRS and how to navigate it. If you
qualify for our help, we'll assign your case to an advocate who will listen to
your problem, help you understand what needs to be done to resolve it, and stay
with you every step of the way until your problem is resolved.
- We have at least one local taxpayer advocate in every state,
the District of Columbia, and Puerto Rico. You can call your local advocate,
whose number is in your phone book, in Pub. 1546, Taxpayer Advocate
Service—Your Voice at the IRS, and on our website at
www.irs.gov/advocate. You can also call our toll-free line at 1-877-777-4778 or
TTY/TDD 1-800-829-4059.
- You can learn about your rights and responsibilities as a
taxpayer by visiting our online tax toolkit at
www.taxtoolkit.irs.gov. You can get updates on hot tax topics by visiting our YouTube
channel at
www.youtube.com/tasnta and our Facebook page at
www.facebook.com/YourVoiceAtIRS, or by following our tweets at
www.twitter.com/YourVoiceAtIRS.
taxmap/pubs/p970-055.htm#en_us_publink1000178744The Low Income Taxpayer Clinic program serves individuals who
have a problem with the IRS and whose income is below a certain level. LITCs are
independent from the IRS. Most LITCs can provide representation before the IRS
or in court on audits, tax collection disputes, and other issues for free or a
small fee. If an individual's native language is not English, some clinics can
provide multilingual information about taxpayer rights and responsibilities. For
more information, see Publication 4134, Low Income Taxpayer Clinic List. This
publication is available at IRS.gov, by calling 1-800-TAX-FORM (1-800-829-3676),
or at your local IRS office.
taxmap/pubs/p970-055.htm#en_us_publink1000178745Publication 910, IRS Guide to Free Tax Services, is your guide
to IRS services and resources. Learn about free tax information from the IRS,
including publications, services, and education and assistance programs. The
publication also has an index of over 100 TeleTax topics (recorded tax
information) you can listen to on the telephone. The majority of the information
and services listed in this publication are available to you free of charge. If
there is a fee associated with a resource or service, it is listed in the
publication.
Accessible versions of IRS published products are available on
request in a variety of alternative formats for people with disabilities.
taxmap/pubs/p970-055.htm#en_us_publink1000178746Free help in preparing your return is available nationwide from
IRS-trained volunteers. The Volunteer Income Tax Assistance (VITA) program is
designed to help low-income taxpayers and the Tax Counseling for the Elderly
(TCE) program is designed to assist taxpayers age 60 and older with their tax
returns. Many VITA sites offer free electronic filing and all volunteers will
let you know about credits and deductions you may be entitled to claim. To find
the nearest VITA or TCE site, call 1-800-829-1040.
As part of the TCE program, AARP offers the Tax-Aide counseling
program. To find the nearest AARP Tax-Aide site, call 1-888-227-7669 or visit
AARP's website at
www.aarp.org/money/taxaide.
For more information on these programs, go to IRS.gov and enter
keyword "VITA" in the upper right-hand corner.
 | Internet.
You can access the IRS website at IRS.gov 24 hours a day,
7 days a week to:
- E-file your return. Find out about commercial tax preparation
and
e-file services available free to eligible taxpayers.
- Check the status of your 2010 refund. Go to IRS.gov and
click on
Where's My Refund. Wait at least 72 hours after the IRS acknowledges receipt
of your e-filed return, or 3 to 4 weeks after mailing a paper return. If you
filed Form 8379 with your return, wait 14 weeks (11 weeks if you filed
electronically). Have your 2010 tax return available so you can provide your
social security number, your filing status, and the exact whole dollar amount of
your refund.
- Download forms, including talking tax forms, instructions,
and publications.
- Order IRS products online.
- Research your tax questions online.
- Search publications online by topic or keyword.
- Use the online Internal Revenue Code, regulations, or
other official guidance.
- View Internal Revenue Bulletins (IRBs) published in the
last few years.
- Figure your withholding allowances using the withholding
calculator online at
www.irs.gov/individuals.
- Determine if Form 6251 must be filed by using our Alternative
Minimum Tax (AMT) Assistant.
- Sign up to receive local and national tax news by email.
- Get information on starting and operating a small business.
|
 | Phone.
Many services are available by phone.
- Ordering forms, instructions, and publications.
Call 1-800-TAX-FORM (1-800-829-3676) to order current-year
forms, instructions, and publications, and prior-year forms and instructions.
You should receive your order within 10 days.
- Asking tax questions.
Call the IRS with your tax questions at 1-800-829-1040.
- Solving problems.
You can get face-to-face help solving tax problems every
business day in IRS Taxpayer Assistance Centers. An employee can explain IRS
letters, request adjustments to your account, or help you set up a payment plan.
Call your local Taxpayer Assistance Center for an appointment. To find the
number, go to
www.irs.gov/localcontacts or look in the phone book under
United States Government, Internal Revenue Service.
- TTY/TDD equipment.
If you have access to TTY/TDD equipment, call 1-800-829-4059
to ask tax questions or to order forms and publications.
- TeleTax topics.
Call 1-800-829-4477 to listen to pre-recorded messages
covering various tax topics.
- Refund information.
To check the status of your 2010 refund, call 1-800-829-1954
or 1-800-829-4477 (automated refund information 24 hours a day, 7 days a week).
Wait at least 72 hours after the IRS acknowledges receipt of your e-filed
return, or 3 to 4 weeks after mailing a paper return. If you filed Form 8379
with your return, wait 14 weeks (11 weeks if you filed electronically). Have
your 2010 tax return available so you can provide your social security number,
your filing status, and the exact whole dollar amount of your refund. If you
check the status of your refund and are not given the date it will be issued,
please wait until the next week before checking back.
- Other refund information.
To check the status of a prior-year refund or amended return refund, call
1-800-829-1040.
____ Evaluating the quality of our telephone services.
To ensure IRS representatives give accurate, courteous,
and professional answers, we use several methods to evaluate the quality of our
telephone services. One method is for a second IRS representative to listen in
on or record random telephone calls. Another is to ask some callers to complete
a short survey at the end of the call. |
 | Walk-in.
Many products and services are available on a walk-in basis.
- Products.
You can walk in to many post offices, libraries, and IRS
offices to pick up certain forms, instructions, and publications. Some IRS
offices, libraries, grocery stores, copy centers, city and county government
offices, credit unions, and office supply stores have a collection of products
available to print from a CD or photocopy from reproducible proofs. Also, some
IRS offices and libraries have the Internal Revenue Code, regulations, Internal
Revenue Bulletins, and Cumulative Bulletins available for research purposes.
- Services.
You can walk in to your local Taxpayer Assistance Center every business day for
personal, face-to-face tax help. An employee can explain IRS letters, request
adjustments to your tax account, or help you set up a payment plan. If you need
to resolve a tax problem, have questions about how the tax law applies to your
individual tax return, or you are more comfortable talking with someone in
person, visit your local Taxpayer Assistance Center where you can spread out
your records and talk with an IRS representative face-to-face. No appointment is
necessary—just walk in. If you prefer, you can call your local Center and
leave a message requesting an appointment to resolve a tax account issue. A
representative will call you back within 2 business days to schedule an
in-person appointment at your convenience. If you have an ongoing, complex tax
account problem or a special need, such as a disability, an appointment can be
requested. All other issues will be handled without an appointment. To find the
number of your local office, go to
www.irs.gov/localcontacts or look in the phone book under
United States Government, Internal Revenue Service.
|
 | Mail.
You can send your order for forms, instructions, and publications
to the address below. You should receive a response within 10 days after your
request is received.
Internal Revenue Service 1201 N. Mitsubishi Motorway Bloomington, IL 61705-6613
|
 | DVD for tax products.
You can order Publication 1796, IRS Tax Products DVD, and
obtain:
- Current-year forms, instructions, and publications.
- Prior-year forms, instructions, and publications.
- Tax Map: an electronic research tool and finding aid.
- Tax law frequently asked questions.
- Tax Topics from the IRS telephone response system.
- Internal Revenue Code—Title 26 of the U.S. Code.
- Fill-in, print, and save features for most tax forms.
- Internal Revenue Bulletins.
- Toll-free and email technical support.
- Two releases during the year.
– The first release will ship the beginning of January
2011. – The final release will ship the beginning of March
2011.
Purchase the DVD from National Technical Information Service
(NTIS) at
www.irs.gov/cdorders
for $30 (no handling fee) or call 1-877-233-6767 toll free to buy the DVD for
$30 (plus a $6 handling fee). |
taxmap/pubs/p970-055.htm#en_us_publink1000178753The following appendices are provided to help you claim the education
benefits that will give you the lowest tax.
- Appendix A—An
Illustrated Example of Education Credits including a filled-in
Form 8863
showing how to claim both the American opportunity credit and lifetime learning
credit for 2010.
- Appendix B—A chart summarizing some of the major differences between
the education tax benefits discussed in this publication. It is intended only as
a guide. Look in this publication for more complete information.
taxmap/pubs/p970-055.htm#en_us_publink1000254251Dave and Valerie Jones are married and file a joint tax return.
For 2010, they claim exemptions for their two dependent children on their tax
return. Their modified adjusted gross income is $103,000. Their tax, before
credits, is $11,631. They will have no credits other than the education credits.
Their son, Sean, began graduate school (fifth year of college) in September 2010
and will receive his master's degree in psychology from the state college in May
2011. Their daughter, Corey, enrolled full-time at that same college in August
2009 to begin working on her bachelor's degree in physical education. In July
2010, Dave and Valerie paid $2,400 in tuition costs for each child for the fall
2010 semester. In December 2010, they also paid $2,600 of tuition for each child
for the spring 2011 semester that begins in January.
Dave and Valerie, their children, and the college meet all of
the requirements for the education credits. Because Sean is beyond the fourth
(senior) year of his postsecondary education, his expenses do not qualify for
the American opportunity credit. However, amounts paid for Sean's expenses in
2010 for academic periods beginning in 2010 and January 2011 do qualify for the
lifetime learning credit. Corey is in her first 4 years (freshman through
senior) of postsecondary education and expenses paid for her in 2010, for
academic periods beginning in 2010 and January 2011, qualify for the American
opportunity credit.
Dave and Valerie figure their refundable American opportunity
credit, $1,000, as shown in Part III of the completed Form 8863. They carry the
amount from line 14 of Form 8863 to line 66 of Form 1040. Dave and Valerie
figure their tentative lifetime learning credit for 2010, $1,000 (line 6). They
cannot claim the full amount because their MAGI is more than $100,000. The
reduced amount ($850 on line 7 of the Credit Limit Worksheet) is added to their
nonrefundable American opportunity credit ($1,500 on line 12 of the Credit Limit
Worksheet) for a total nonrefundable credit of $2,350. They carry that amount to
Form 8863, line 23, and to line 49 of Form 1040. They attach the completed Form
8863 to their return.
taxmap/pubs/p970-055.htm#en_us_publink1000255710
Credit Limit Worksheet—Form 8863, Line 23
| Nonrefundable lifetime learning credit |
| 1. | Enter the amount from Form 8863, line 22 | 1. | 850 |
| 2. | Enter the amount from Form 1040, line 46, or Form 1040A,
line 28 | | 2. | 11,631 | | |
| 3. | Enter the total, if any, of your credits from: | | | | | |
| | • | Form 1040, lines 47, 48, and the amount from Schedule R
entered on line 53 |
 | 3. | 0 | | |
| | • | Form 1040A, lines 29 and 30 | | |
| 4. | Subtract line 3 from line 2 | 4. | 11,631 |
| 5. | Nonrefundable lifetime learning credit. Enter the
smaller of line 1 or line 4
| 5. | 850 |
| Nonrefundable American opportunity credit |
| 6. | Enter the amount from Form 8863, line 15 | 6. | 1,500 |
| 7. | Enter the amount from Form 1040, line 46, or Form 1040A,
line 28 | | 7. | 11,631 | | |
| 8. | Enter the total, if any, of your credits from: | | | | | |
| | • | Form 1040, lines 47, 48, and the amount from Schedule R
entered on line 53, and the amount from line 5 above |
 | 8. | 0 | | |
| | • | Form 1040A, lines 29 and 30, and the amount from line 5
above | | |
| 9. | Subtract line 8 from line 7 | 9. | 11,631 |
| 10. | Nonrefundable American opportunity credit. Enter the
smaller of line 6 or line 9
| 10. | 1,500 |
| 11. | Nonrefundable education credits. Add line 5 and line 10. Enter here and on Form 8863, line
23
| 11. | 2,350 |
Appendix B. Highlights of Education Tax Benefits for
Tax Year 2010
This chart highlights some differences among the benefits discussed
in this publication. See the text for definitions and details.
Do not rely on this chart alone.
Caution:
You generally cannot claim more than one benefit for the same
education expense.
| | Scholarships,
Fellowships, Grants, and
Tuition
Reductions
| American Opportunity Credit
| Lifetime Learning Credit | Student Loan Interest Deduction | Tuition and Fees Deduction |
What is your
benefit?
| Amounts received may not be taxable
| 40% of credit may be refundable (limited to $1,000)
| Credits can reduce amount of tax you must pay | Can deduct interest paid | Can deduct expenses |
| What is the annual limit? | None | $2,500 credit per student | $2,000 credit per tax return
| $2,500 deduction | $4,000 deduction |
What expenses
qualify besides
tuition and required enrollment fees?
| Course-related expenses such as fees, books, supplies, and
equipment | Course-related books, supplies, and equipment | None | Books Supplies Equipment
Room & board
Transportation
Other necessary expenses
| None |
| What education qualifies? | Undergraduate & graduate
K–12
| 1st 4 years of undergraduate (postsecondary) | Undergraduate & graduate
Courses to acquire or improve job skills
| Undergraduate & graduate | Undergraduate & graduate |
What are some of the other
conditions that
apply?
| Must be in degree or vocational program
Payment of tuition and required fees must be allowed under
the grant
| Can be claimed for only 4 tax years (which includes years
Hope credit claimed)
Must be enrolled at least half-time in degree program
No felony drug conviction(s)
| No other conditions | Must have been at least half-time
student in degree program
| Cannot claim both deduction & education credit for same
student in same year |
In what income
range do benefits
phase out?
| No phaseout | $80,000 – $90,000
$160,000 – $180,000 for joint returns
| $50,000 – $60,000
$100,000 – $120,000 for joint returns
| $60,000 – $75,000
$120,000 –
$150,000 for
joint returns
| $65,000 – $80,000
$130,000 –
$160,000 for joint returns
|
Appendix B. Highlights of Education Tax Benefits for
Tax Year 2010
(Continued)
This chart highlights some differences among the benefits discussed
in this publication. See the text for definitions and details.
Do not rely on this chart alone.
Caution:
You generally cannot claim more than one benefit for the same
education expense.
| | Coverdell ESA† | Qualified Tuition Program (QTP)† | Education Exception to Additional Tax on Early IRA Distributions† | Education Savings Bond Program† | Employer- Provided Educational Assistance† | Business Deduction for Work-Related Education |
| What is your benefit? | Earnings not
taxed
| Earnings not taxed | No 10%
additional tax on early distribution
| Interest not taxed | Employer benefits not taxed | Can deduct expenses |
| What is the annual limit? | $2,000 contribution per beneficiary | None | Amount of qualified
education expenses
| Amount of qualified
education expenses
| $5,250 exclusion | Amount of qualifying work-related education expenses |
| What expenses qualify besides tuition and required enrollment
fees? | Books Supplies Equipment
Expenses for special needs services
Payments to QTP
Higher education: Room & board if
at least half-time
student
Elem/sec (K–12) education: Tutoring Room & board Uniforms Transportation Computer
access Supplementary expenses
| Books Supplies Equipment
Room & board if
at least half-time student
Expenses for special needs services
Computer technology, equipment, and Internet access (2010)
| Books Supplies Equipment
Room & board if
at least half-time student
Expenses for special needs services
| Payments to Coverdell ESA
Payments to QTP
| Books Supplies Equipment
| Transportation
Travel
Other necessary expenses
|
| What education qualifies? | Undergraduate & graduate
K–12
| Undergraduate & graduate | Undergraduate & graduate | Undergraduate & graduate | Undergraduate & graduate | Required by employer or law to keep present job, salary,
status
Maintain or improve job skills
|
| What are some of the other conditions that apply? | Assets must be distributed at age 30 unless special
needs beneficiary
| No other conditions | No other conditions | Applies only to qualified series
EE bonds issued after 1989 or series I bonds
| No other conditions | Cannot be to
meet minimum educational requirements of present trade/business
Cannot qualify
you for new trade/business
|
| In what income range do benefits phase out? | $95,000 – $110,000
$190,000 – $220,000 for
joint returns
| No phaseout | No phaseout | $70,100 – $85,100
$105,100 – $135,100 for
joint and qualifying widow(er) returns
| No phaseout | No phaseout |
| †
Any nontaxable distribution is limited to the amount that does not exceed
qualified education expenses.
|