Publication 970
taxmap/pubs/p970-050.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/p970-050.htm#en_us_publink1000299294Free help in preparing your return is available nationwide from IRS-certified volunteers. The Volunteer Income Tax Assistance (VITA) program is designed to help low-moderate income, elderly, disabled, and limited English proficient taxpayers. The Tax Counseling for the Elderly (TCE) program is designed to assist taxpayers age 60 and older with their tax returns. Most VITA and TCE sites offer free electronic filing and all volunteers will let you know about credits and deductions you may be entitled to claim. Some VITA and TCE sites provide taxpayers the opportunity to prepare their return with the assistance of an IRS-certified volunteer. To find the nearest VITA or TCE site, visit IRS.gov or call 1-800-906-9887 or 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, visit AARP's website at
www.aarp.org/money/taxaide or call 1-888-227-7669.
For more information on these programs, go to IRS.gov and enter "VITA" in the search
box.
 | 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 2012 refund. Go to IRS.gov and click on
Where’s My Refund.
Information about your return will generally be available within 24 hours after
the IRS receives your e-filed return, or 4 weeks after you mail your paper
return. If you filed Form 8379 with your return, wait 14 weeks (11 weeks if you
filed electronically). Have your 2012 tax return handy so you can provide your
social security number, your filing status, and the exact whole dollar amount of
your refund.
- Where's My Refund?
has a new look this year! The tool will include a tracker that displays progress
through three stages: (1) return received, (2) refund approved, and (3) refund
sent.
Where's My Refund?
will provide an actual personalized refund date as soon as the IRS processes
your tax return and approves your refund. So in a change from previous filing
seasons, you won't get an estimated refund date right away.
Where's My Refund?
includes information for the most recent return filed in the current year and
does not include information about amended returns.
- You can obtain a free transcript online at IRS.gov by clicking on
Order a Return or Account Transcript
under "Tools." For a transcript by phone, call 1-800-908-9946 and follow the
prompts in the recorded message. You will be prompted to provide your SSN or
Individual Taxpayer Identification Number (ITIN), date of birth, street address
and ZIP code.
- Download forms, including talking tax forms, instructions, and
publications.
- Order IRS products.
- Research your tax questions.
- Search publications by topic or keyword.
- Use the 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 IRS Withholding Calculator at
www.irs.gov/individuals.
- Determine if Form 6251 (Alternative Minimum Tax— Individuals), must be filed by using our Alternative Minimum Tax (AMT) Assistant available at IRS.gov by typing
Alternative Minimum Tax Assistant in the search box.
- 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 (limited to 5 years). 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 most business days in IRS Taxpayer Assistance Centers (TAC). 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. The TTY/TDD telephone number is for individuals who are deaf, hard of hearing, or have a speech disability. These individuals can also access the IRS through relay services such as the Federal Relay Service at
www.gsa.gov/fedrelay.
- TeleTax topics.
Call 1-800-829-4477 to listen to pre-recorded messages covering various tax
topics.
- Checking the status of your 2012 refund.
To check the status of your 2012 refund, call 1-800-829-1954 or 1-800-829-4477
(automated
Where's My Refund?
information 24 hours a day, 7 days a week). Information about your return will
generally be available within 24 hours after the IRS receives your e-filed
return, or 4 weeks after you mail your paper return. If you filed Form 8379 with
your return, wait 14 weeks (11 weeks if you filed electronically). Have your
2012 tax return handy so you can provide your social security number, your
filing status, and the exact whole dollar amount of your refund.
Where's My Refund?
will provide an actual personalized refund date as soon as the IRS processes
your tax return and approves your refund.
Where's My Refund?
includes information for the most recent return filed in the current year and
does not include information about amended returns.
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.
Some products and services are available on a walk-in basis. - Products.
You can walk in to some post offices, libraries, and IRS offices to pick up certain forms, instructions, and publications. Some IRS offices, libraries, and city and county government offices have a collection of products available to 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 TAC most business days 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 TAC where you can talk with an IRS representative face-to-face. No
appointment is necessary—just walk in. Before visiting, check
www.irs.gov/localcontacts
for hours of operation and services provided. If you have an ongoing, complex
tax account problem or a special need, such as a disability, an appointment can
be requested by calling your local TAC. You can leave a message and a
representative will call you back within 2 business days. All other issues will
be handled without an appointment. To call your local TAC, 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
|
taxmap/pubs/p970-050.htm#en_us_201208_publink1000299299The Taxpayer Advocate Service (TAS) is your voice at the IRS. Its job is to ensure that every taxpayer is treated fairly, and that you know and understand your rights. TAS offers free help to guide you through the often-confusing process of resolving tax problems that you haven’t been able to solve on your own. Remember, the worst thing you can do is nothing at
all.
TAS can help if you can’t resolve your problem with the IRS
and:
- Your problem is causing financial difficulties for you, your family, or your
business.
- You face (or your business is facing) an immediate threat of adverse
action.
- You have tried repeatedly to contact the IRS but no one has responded, or the IRS has not responded to you by the date
promised.
If you qualify for help, they will do everything they can to get your problem resolved. You will be assigned to one advocate who will be with you at every turn. TAS has offices in every state, the District of Columbia, and Puerto Rico. Although TAS is independent within the IRS, their advocates know how to work with the IRS to get your problems resolved. And its services are always
free.
As a taxpayer, you have rights that the IRS must abide by in its dealings with you. The TAS tax toolkit at
www.TaxpayerAdvocate.irs.gov can help you understand these rights.
If you think TAS might be able to help you, call your local advocate, whose number is in your phone book and on our website at
www.irs.gov/advocate. You can also call the toll-free number at 1-877-777-4778. Deaf and hard of hearing individuals who have access to TTY/TDD equipment can call 1-800-829-4059. These individuals can also access the IRS through relay services such as the Federal Relay Service at
www.gsa.gov/fedrelay.
TAS also handles large-scale or systemic problems that affect many taxpayers. If you know of one of these broad issues, please report it through the Systemic Advocacy Management System at
www.irs.gov/advocate.
taxmap/pubs/p970-050.htm#en_us_publink1000299300Low Income Taxpayer Clinics (LITCs) are independent from the IRS. Some clinics serve individuals whose income is below a certain level and who need to resolve a tax problem. These clinics provide professional representation before the IRS or in court on audits, appeals, tax collection disputes, and other issues for free or for a small fee. Some clinics can provide information about taxpayer rights and responsibilities in many different languages for individuals who speak English as a second language. For more information and to find a clinic near you, see the LITC page on
www.irs.gov/advocate or IRS Publication
4134,
Low Income Taxpayer Clinic List. This publication is also available by calling 1-800-TAX-FORM (1-800-829-3676) or at your local IRS
office.
taxmap/pubs/p970-050.htm#en_us_publink1000299301Publication 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.
 | 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.
- Links to other Internet-based tax research materials.
- 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
2013. – The final release will ship the beginning of March
2013.
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/p970-050.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 2012.
-
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/p970-050.htm#en_us_publink1000254251Dave and Valerie Jones are married and on their 2012 joint tax return they claim exemptions for their two dependent children, Sean (age 21, social security number: 320-33-3343) and Carey (age 18, social security number: 320-33-3333). Their modified adjusted gross income (MAGI) on Form 1040, line 38 is $110,000. Because Dave and Valerie have unusually high itemized deductions, their taxable income is $10,000 and their tax before credits is
$1,000.
Sean enrolled as a full-time graduate student in August 2012 at California State College. He graduated with his bachelor's degree in 2011 and did not attend school from January 2012 through July 2012. His parents claimed the Hope scholarship for Sean for 2008 and the American opportunity credit for Sean for 2009, 2010, and
2011.
Carey enrolled full time as a freshman at the same college in January 2012 to begin working on her bachelor's
degree.
In 2012, Dave and Valerie paid $7,000 in tuition for Sean and $8,500 in tuition for Carey. California State College issued two Forms 1098-T, one for Sean and one for Carey, and sent them to the Joneses' residence. Neither Sean nor Carey has been convicted of a felony for possession or distribution of a controlled substance before the end of
2012.
Dave and Valerie figure their education credits by completing Form 8863. They begin Form 8863 on page 2 before completing Part I on page 1. Because the Joneses have two eligible students, they will complete page 2 twice, once for their son, Sean, and once for their daughter, Carey. They use the information from Carey's Form 1098-T to complete Part III, lines 20, 21, and 22, (1), (2), (3), and
(4).
The Joneses decide to complete Part III for Carey first and complete questions 23-26. The Joneses complete line 27-30 and carry over the amount of $2,500 entered on line 30, Part III to Part I, line
1.
The Joneses figure their refundable American opportunity credit of $1,000 by completing Form 8863, Part I, lines 1 through 8. They enter the amount from line 8, $1,000, on line 66 of their Form
1040.
The Joneses complete a separate Part III for their son Sean. They use the information from Sean's Form 1098-T to complete lines 20-22, (1), (2), (3), and (4). They then complete line 23, determine that Sean is not eligible for the American opportunity credit, and go to line 31 as instructed. They figure their line 31 adjusted qualified education expenses for Sean to be
$7,000.
The Joneses enter $7,000 on Part II, line 10, of Form 8863 and figure their tentative lifetime learning credit for 2012 to be $1,400 (line 12). They cannot claim the full amount because their MAGI of $110,000 is greater than $104,000. They enter the reduced amount of $980 (figured on Part II, line 18) on the Credit Limit Worksheet, line 1. The $980 is added to their nonrefundable American opportunity credit ($1,500 on line 8 of the Credit Limit Worksheet) for a total nonrefundable credit of $2,480. The Joneses enter $1,000 on line 13 of the Credit Limit Worksheet, which is the smaller of their tax from line 46 of their Form 1040 (which is $1,000) or the $2,480 on line 13 of the Credit Limit Worksheet. They enter $1,000 on line 19, Part II of Form 8863 and on line 49 of Form
1040.
taxmap/pubs/p970-050.htm#en_us_publink1000298731
taxmap/pubs/p970-050.htm#en_us_publink1000298732
|
Adjusted Qualified Education Expenses Worksheet
|
| 1. | Total qualified education expenses paid for or on behalf of the student in 2012 for the academic
period | 8,500 |
| 2. | Less adjustments: | |
| | a. | Tax-free educational assistance received in 2012 allocable to the academic
period | | 0 | |
| | b. | Tax-free educational assistance received in 2013 (and before you file your 2012 tax return) allocable to the academic
period | | 0 | |
| | c. | Refunds of qualified education expenses paid in 2012 if the refund is received in 2012 or in 2013 before you file your 2012 tax return
| | 0 | |
| 3. | Total adjustments (add lines 2a, 2b, and 2c) | 0 |
| 4. | Adjusted qualified education expenses. Subtract line 3 from line 1. If zero or less, enter
-0- | 8,500 |
taxmap/pubs/p970-050.htm#en_us_publink1000298742
taxmap/pubs/p970-050.htm#en_us_publink1000298743
|
Adjusted Qualified Education Expenses Worksheet
|
| 1. | Total qualified education expenses paid for or on behalf of the student in 2012 for the academic
period | 7,000 |
| 2. | Less adjustments: | |
| | a. | Tax-free educational assistance received in 2012 allocable to the academic
period | | 0 | |
| | b. | Tax-free educational assistance received in 2013 (and before you file your 2012 tax return) allocable to the academic
period | | 0 | |
| | c. | Refunds of qualified education expenses paid in 2012 if the refund is received in 2012 or in 2013 before you file your 2012 tax return
| | 0 | |
| 3. | Total adjustments (add lines 2a, 2b, and 2c) | 0 |
| 4. | Adjusted qualified education expenses. Subtract line 3 from line 1. If zero or less, enter
-0- | 7,000 |
taxmap/pubs/p970-050.htm#en_us_publink1000255710
Credit Limit Worksheet Form 8863
|
Nonrefundable Credit Worksheet
|
| 1. | Enter the amount from Form 8863, line 18 | 1. | 980 |
| 2. | Lines 2–7 are reserved for future use | | |
| 8. | Enter the amount from Form 8863, line 9 | 8. | 1,500 |
| 9. | Add lines 1 and 8 | 9. | 2,480 |
| 10. | Enter the amount from:
- Form 1040, lines 46; or
- Form 1040A, line 28
| 10. | 1,000 |
| 11. | Enter the amount from either:
- Form 1040, lines 47 and 48, and the amount from Schedule R included on Form 1040, line 53;
or
- Form 1040A, lines 29 and 30
| 11. | 0 |
| 12. | Subtract line 11 from line 10 | 12. | 1,000 |
| 13. | | Enter the smaller of line 9 or line 12 here and on Form 8863, line
19 | 13. | 1,000 |
Appendix B. Highlights of Education Tax Benefits for Tax Year
2012
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 | 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?
| Amounts received may not be taxable
| Credits can reduce the amount of tax you have to pay. 40% of the credit may be refundable (limited to $1,000 per student).
| Credits can reduce amount of tax you must pay | Can deduct interest paid | Can deduct expenses | 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? | None | $2,500 credit per student | $2,000 credit per tax return
| $2,500 deduction | $4,000 deduction | $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?
| Course-related expenses such as fees, books, supplies, and
equipment | Course-related books, supplies, and equipment | Amounts paid for required books, etc., that must be paid to the educational institution, etc., ARE required
fees | Books Supplies Equipment
Room & board
Transportation
Other necessary expenses
| None | 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
| 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
|
| | Scholarships,
Fellowships, Grants, and
Tuition
Reductions
| American Opportunity Credit | Lifetime Learning Credit | Student Loan Interest Deduction | Tuition and Fees Deduction | 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 education qualifies? | Undergraduate & graduate
K–12
| Undergraduate and graduate | Undergraduate & graduate
Courses to acquire or improve job skills
| Undergraduate & graduate | Undergraduate & graduate | 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?
| 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) Must not have completed first 4 years of postsecondary education before end of preceding tax
year.
| 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 | 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?
| No phaseout | $80,000 – $90,000
$160,000 – $180,000 for joint returns
| $52,000 – $62,000
$104,000 – $124,000 for joint returns
| $60,000 – $75,000
$125,000 –
$155,000 for
joint returns
| $60,000 – $80,000
$130,000 –
$160,000 for
joint returns
| $95,000 – $110,000
$190,000 – $220,000 for
joint returns
| No phaseout | No phaseout | $72,850 – $87,850
$109,250 – $139,250 for
joint and qualifying widow(er) with a dependent child returns
| No phaseout | No phaseout |
|
†
Any nontaxable distribution is limited to the amount that does not exceed
qualified education expenses.
|