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Publication 970
taxmap/pubs/p970-050.htm#en_us_publink1000178742

Chapter 13
How To Get Tax Help(p71)

You 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.
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Free help with your tax return.(p71)

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Free 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.
EIC
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
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
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.
Due date
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


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Taxpayer Advocate Service.(p72)

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The 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:
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.
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Low Income Taxpayer Clinics (LITCs).(p72)
Low 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_publink1000299301

Free tax services.(p72)

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Publication 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.
EIC
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).
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Appendices(p74)

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The following appendices are provided to help you claim the education benefits that will give you the lowest tax.
  1. 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.
  2. 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.
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Appendix A. Illustrated Example of Education Credits(p74)

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Dave 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.
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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 period8,500
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


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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 period7,000
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 181.980
2.Lines 2–7 are reserved for future use  
8.Enter the amount from Form 8863, line 98.1,500
9.Add lines 1 and 89.2,480
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 1012.1,000
13. Enter the smaller of line 9 or line 12 here and on Form 8863, line 1913.1,000


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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 CreditLifetime Learning CreditStudent Loan Interest DeductionTuition and Fees DeductionCoverdell ESAQualified Tuition Program (QTP)Education Exception to Additional Tax on Early IRA DistributionsEducation Savings Bond ProgramEmployer-
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 payCan deduct interest paidCan deduct expensesEarnings not
taxed
Earnings not taxedNo 10%
additional tax on early distribution
Interest not taxedEmployer benefits not taxedCan 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 beneficiaryNoneAmount of qualified
education expenses
Amount of qualified
education expenses
$5,250 exclusionAmount of qualifying work-related education expenses
What expenses
qualify besides
tuition and required enrollment fees?
Course-related expenses such as fees, books, supplies, and equipmentCourse-related books, supplies, and equipmentAmounts paid for required books, etc., that must be paid to the educational institution, etc., ARE required feesBooks
Supplies
Equipment

Room & board

Transportation

Other necessary expenses
NoneBooks
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 CreditLifetime Learning CreditStudent Loan Interest DeductionTuition and Fees DeductionCoverdell ESAQualified Tuition Program (QTP)Education Exception to Additional Tax on Early IRA DistributionsEducation Savings Bond ProgramEmployer-
Provided Educational Assistance
Business Deduction for Work-Related Education
What education qualifies?Undergraduate & graduate

K–12
Undergraduate and graduateUndergraduate & graduate

Courses to acquire or improve job skills


Undergraduate & graduateUndergraduate & graduateUndergraduate & graduate

K–12
Undergraduate & graduateUndergraduate & graduateUndergraduate & graduateUndergraduate & graduateRequired 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 conditionsMust have been at least half-time
student in degree program
Cannot claim both deduction & education credit for same student in same yearAssets must be distributed at age 30 unless special
needs beneficiary
No other conditionsNo other conditionsApplies only to qualified series
EE bonds issued after 1989 or series I bonds
No other conditionsCannot 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 phaseoutNo phaseout$72,850 – $87,850

$109,250 – $139,250 for
joint and qualifying widow(er) with a dependent child returns
No phaseoutNo phaseout
Any nontaxable distribution is limited to the amount that does not exceed qualified education expenses.