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Extension of Time to File Your Tax Return
If You are in a Combat Zone

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Obtaining an Automatic 6 Month Extension to File

You Need an Extension Because You are Out of the Country

Mailing Address for Sending Form 4868 | E-file Options

Need more time to prepare your federal tax return? This page provides information on how to apply for an extension of time to file.

Please be aware that an extension of time to file your return does not grant you any extension of time to pay your tax liability.

YOUR FORM FILING OPTIONS

  1. File Form 4868 by mail - download Form 4868 here - see Option 3
  2. File Form 4868 on your personal computer via tax software - see Option 1
  3. File Form 4868 via your tax professional - see Option 1
  4. File Form 4868 via the Internet
    • File Form 4868 through UncleFed's partner
    • File Form 4868 via IRS e-File - go to www.irs.gov
    • File Form 4868 via IRS Free File - go to www.irs.gov
  5. Pay what you owe by Credit Card - pay by phone or internet - no form to file - see Option 2

YOUR TIMING OPTIONS

  1. Filing Form 4868 gives you an Automatic 6 Months Extension - see more info below
  2. Get an additional 2 months if you are out of the country without filing a form - see more info here
    • If you are out of the country, get an additional 2 months without filing a form - see more info here
    • Under special rules, get an additional 2 months after the 4 months - see more info here
  3. Get more time if you are in a Combat Zone - see more info here

Automatic 6 month Extension for Individuals.

If you are not able to file your return by the due date, you generally can get an automatic 6-month extension of time to file (but not of time to pay). To get this automatic extension, you must file a paper Form 4868 or use IRS e-file (electronic filing). For more information about filing electronically, see E-file options, later.

The form must show your properly estimated tax liability based on the information available to you.

You may not be eligible. You cannot use the automatic 6-month extension of time to file if:
  • You want the IRS to figure your tax, or
  • You are under a court order to file by the regular due date.

When To File Form 4868: File Form 4868, Application for Automatic Extension of Time to File U.S. Income Tax Return, by April 15, 2009. Fiscal year taxpayers, file Form 4868 by the regular due date of the return. Please be aware that an extension of time to file your return does not grant you any extension of time to pay your tax liability.

For more information on the requirements for obtaining an automatic 6 month extension of time to file, click here. This page only pertains to individuals who are out of the country.

Extensions

You can receive an extension of time to file your return. Different rules apply depending on whether you live inside or outside the United States.

Inside the United States.   You can receive an automatic 6-month extension to file your return if you either file Form 4868 by the regular due date of your return or pay any part of your expected tax due by credit card. You can file Form 4868 electronically or on paper. See Form 4868 for details.

The extension of time to file is automatic, and you will not receive any notice of approval. However, your request for an extension will be denied if it is not made timely. The IRS will inform you of the denial.

You cannot use the automatic extension if you choose to have IRS figure the tax or you are under a court order to file your return by the regular due date.

When you file your return.   Enter the amount you paid with your request for extension on Form 1040, line 67. On Form 1040A, include the amount in the total on line 44. On Form 1040EZ, include the amount in the total on line 10. To the left of line 44 or line 10, enter “Form 4868” and show the amount paid.

Outside the United States and Puerto Rico.   If you are a U.S. citizen or resident alien, you qualify for an automatic 2-month extension of time without filing Form 4868 if either of the following situations applies to you.
  1. You live outside the United States and Puerto Rico and your main place of business or post of duty is outside the United States and Puerto Rico, or

  2. You are in military or naval service on an assigned tour of duty outside the United States and Puerto Rico for a period that includes the entire due date of the return.

You will be charged interest on any amount not paid by the regular due date until the date the tax is paid.

  If you use this automatic extension, you must attach a statement to the return showing that you met the requirement.

  You can request an additional 4-month extension by filing Form 4868 by June 15, 2009, for a 2008 calendar year tax return. Check the box on line 8.

Joint returns.   For married persons filing a joint return, only one spouse needs to meet the requirements to take advantage of the automatic 2-month extension.

Separate returns.   For married persons filing separate returns, only the spouse who meets the requirements qualifies for the automatic 2-month extension.

Payment of tax.   An extension of time to file does not mean you have an extension of time to pay any tax due. You must estimate your tax due. You do not have to send in any payment of tax due when you file Form 4868. However, if you pay the tax after the regular due date, you will be charged interest from the regular due date to the date the tax is paid. You also may be charged a penalty for paying the tax late unless you have reasonable cause for not paying your tax when due.

  You can file Form 4868 electronically and make your tax payment by authorizing an electronic funds withdrawal from your checking or savings account. You can get an extension by paying part or all of your estimate of tax due using a credit card.

  For more details on how to pay the tax due, see the Form 4868 instructions, or go to Automatic 6 Month Extensions.

Exception.   If you are a member of the Armed Forces, you may qualify to defer (delay) payment of income tax that becomes due before or during your military service. You must notify the Internal Revenue Service that your ability to pay the income tax has been materially affected by your military service.

  Your income tax will be deferred for a period not to exceed 180 days after termination or release from military service. If you pay the income tax in full by the end of the deferral period, you will not be charged interest or penalty for that period.

  This exception does not apply to the employee's share of social security and Medicare taxes you may owe.

If you are unable to pay the tax owed by the end of the extension period, you may want to file Form 9465 to arrange an installment payment agreement with the IRS that reflects your ability to pay the tax owed.

Signing Returns

Generally, you must sign your return. However, if you are overseas or incapacitated, you can grant a power of attorney to an agent to file and sign your return.

If you are acting on behalf of someone serving in a combat zone, see "Spouse in combat zone" below. Spouse in combat zone , later.

A power of attorney also can be granted by filing Form 2848.

In Part I of the form, you must indicate that you are granting the power to sign the return, the tax form number, and the tax year for which the form is being filed. Attach the power of attorney to the tax return.

Joint returns.   Generally, joint returns must be signed by both spouses. However, when a spouse is overseas, in a combat zone, in a missing status, incapacitated, or deceased, a power of attorney may be needed to file a joint return.

Spouse overseas.   If one spouse is overseas on military duty, there are two options when filing a joint return.
  • One spouse can prepare the return, sign it, and send it to the other spouse to sign early enough so that it can be filed by the due date, or

  • The spouse who expects to be overseas on the due date of the return can file specifically designating that the spouse who remains in the United States can sign the return for the absent spouse.

Spouse in combat zone.   If your spouse is unable to sign the return because he or she is serving in a combat zone or is performing qualifying service outside of a combat zone, and you do not have a power of attorney or other statement, you can sign for your spouse. Attach a signed statement to your return that explains that your spouse is serving in a combat zone.

Spouse in missing status.   The spouse of a member of the Armed Forces who is in a missing status in a combat zone can still file a joint return. A joint return can be filed for any year beginning not more than 2 years after the end of the combat zone activities. A joint return filed under these conditions is valid even if it is later determined that the missing spouse died before the year covered by the return.

Spouse incapacitated.   If your spouse cannot sign because of disease or injury and he or she tells you to sign, you can sign your spouse's name in the proper space on the return, followed by the words “by [your name], Husband (or Wife).” Be sure to sign your name in the space provided for your signature. Attach a dated statement, signed by you, to your return. The statement should include the form number of the return you are filing, the tax year, the reason your spouse could not sign, and that your spouse has agreed to your signing for him or her.

Spouse died during the year.   If one spouse died during the year and the surviving spouse did not remarry before the end of the year, the surviving spouse can file a joint return for that year writing in the signature area “Filing as surviving spouse.” If an executor or administrator has been appointed, both he or she and the surviving spouse must sign the return filed for the decedent.

Individuals Serving in a Combat Zone: Extension of Deadlines

The time for taking care of certain tax matters can be postponed. These postponements are referred to as “extensions of deadlines.

The deadline for IRS to take certain actions, such as collection and examination actions, may also be extended.

Service That Qualifies for an Extension of Deadline

The deadline for filing tax returns, paying taxes, filing claims for refund, and taking other actions with the IRS is automatically extended if either of the following statements is true.

  • You serve in the Armed Forces in a combat zone or you have qualifying service outside of a combat zone.

  • You serve in the Armed Forces on deployment outside the United States away from your permanent duty station while participating in a contingency operation. A contingency operation is a military operation that is designated by the Secretary of Defense or results in calling members of the uniformed services to active duty (or retains them on active duty) during a war or a national emergency declared by the President or Congress.

See Combat Zone , later, under Combat Zone Exclusion , for the beginning dates for the Afghanistan area combat zone, the Kosovo area combat zone, and the Persian Gulf area combat zone.

Missing status.   Time in a missing status (missing in action or prisoner of war) counts as time in a combat zone or a contingency operation.

Support personnel.   Deadlines are also extended if you are serving in a combat zone or a contingency operation in support of the Armed Forces. This applies to Red Cross personnel, accredited correspondents, and civilian personnel acting under the direction of the Armed Forces in support of those forces.

Spouses.   Spouses of individuals who served in a combat zone or contingency operation are entitled to the same deadline extensions with two exceptions.
  • The extension does not apply to a spouse for any tax year beginning more than 2 years after the date the area ceases to be a combat zone or the operation ceases to be a contingency operation.

  • The extension does not apply to a spouse for any period the qualifying individual is hospitalized in the United States for injuries incurred in a combat zone or contingency operation.

Length of Extension

Your deadline for taking actions with the IRS is extended for 180 days after the later of:

  • The last day you are in a combat zone, have qualifying service outside of the combat zone, or serve in a contingency operation (or the last day the area qualifies as a combat zone or the operation qualifies as a contingency operation), or

  • The last day of any continuous qualified hospitalization (defined later) for injury from service in the combat zone or contingency operation or while performing qualifying service outside of the combat zone.

In addition to the 180 days, your deadline is extended by the number of days that were left for you to take the action with the IRS when you entered a combat zone (or began performing qualifying service outside the combat zone) or began serving in a contingency operation. If you entered the combat zone or began serving in the contingency operation before the period of time to take the action began, your deadline is extended by the entire period of time you have to take the action. For example, you had 3½ months (January 1 – April 15, 2008) to file your 2007 tax return. Any days of this 3½ month period that were left when you entered the combat zone (or the entire 3½ months if you entered the combat zone by January 1, 2008) are added to the 180 days when determining the last day allowed for filing your 2007 tax return.

Example 1.

Captain Margaret Jones entered Saudi Arabia on December 1, 2006. She remained there through March 31, 2008, when she departed for the United States. She was not injured and did not return to the combat zone. The deadlines for filing Captain Jones' 2006, 2007, and 2008 returns are figured as follows.

The 2006 tax return. The deadline is January 10, 2009. This deadline is 285 days (180 plus 105) after Captain Jones' last day in the combat zone (March 31, 2008). The 105 additional days are the number of days in the 3½ month filing period that were left when she entered the combat zone (January 1 – April 15, 2007).

The 2007 tax return. The deadline is January 11, 2009. The deadline is 286 days (180 plus 106) after Captain Jones' last day in the combat zone (March 31, 2008). The 106 additional days are the number of days in the 3½ month filing period that were left when she entered the combat zone (January 1 – April 15, 2008).

The 2008 tax return. The deadline is not extended because the 180-day extension period after March 31, 2008, plus the number of days left in the filing period when she entered the combat zone (105) ends on January 10, 2009, which is before the due date for her 2008 return (April 15, 2009).

Example 2.

You generally have 3 years from April 15, 2005, to file a claim for refund against your timely filed 2004 tax return. This means that your claim normally must be filed by April 15, 2008. However, if you served in a combat zone from November 1, 2007, through March 23, 2008, and were not injured, your deadline for filing that claim is extended 347 days (180 plus 167) after you leave the combat zone. This extends your deadline to March 6, 2009. The 167 additional days are the number of days in the 3-year period for filing the refund claim that were left when you entered the combat zone on November 1 (November 1, 2007 – April 15, 2008).

Qualified hospitalization.   The hospitalization must be the result of an injury received while serving in a combat zone or a contingency operation. Qualified hospitalization means:
  • Any hospitalization outside the United States, and

  • Up to 5 years of hospitalization in the United States.

Example. Petty Officer Leonard Brown's ship entered the Persian Gulf on January 5, 2007. On February 15, 2007, Petty Officer Brown was injured and was flown to a U.S. hospital. He remained in the hospital through April 21, 2008. The deadlines for filing Petty Officer Brown's 2006, 2007, and 2008 returns are figured as follows.

The 2006 tax return. The deadline is January 27, 2009. Petty Officer Brown has 281 days (180 plus 101) after his last day in the hospital (April 21, 2008) to file his 2006 return. The 101 additional days are the number of days in the 3½ month filing period that were left when he entered the combat zone (January 5 – April 15, 2007).

The 2007 tax return. The deadline is February 1, 2009. Petty Officer Brown has 286 days (180 plus 106) after April 21, 2008, to file his 2007 tax return. The 106 additional days are the number of days in the 2008 filing period that were left when he entered the combat zone (January 1 – April 15, 2008). Because February 1, 2009, is a Sunday, Petty Officer Brown's return is considered timely filed if he files it no later than February 2, 2009.

The 2008 tax return. The deadline is not extended because the 180-day extension period after April 21, 2008, plus the number of days left in the filing period when he entered the combat zone (105) ends on January 31, 2009, which is before the due date for his 2008 return (April 15, 2009).

Actions for Which Deadlines Are Extended

The actions to which the deadline extension provision applies include:

  • Filing any return of income, estate, or gift tax,

  • Paying any income, estate, or gift tax,

  • Filing a petition with the Tax Court for redetermination of a deficiency, or for review of a Tax Court decision,

  • Filing a claim for credit or refund of any tax,

  • Bringing suit for any claim for credit or refund,

  • Making a qualified retirement contribution to an IRA,

  • Allowing a credit or refund of any tax by the IRS,

  • Assessment of any tax by the IRS,

  • Giving or making any notice or demand by the IRS for the payment of any tax, or for any liability for any tax,

  • Collection by the IRS of any tax due, and

  • Bringing suit by the United States for any tax due.

If the IRS takes any actions covered by these provisions or sends you a notice of examination before learning that you are entitled to an extension of the deadline, contact your legal assistance office. No penalties or interest will be imposed for failure to file a return or pay taxes during the extension period.

Other actions to which the deadline extension provision applies are listed in Revenue Procedure 2005-27, 2005-20 I.R.B. 1050, available at
http://www.irs.gov/irb/2005-20_IRB/ar09.html.

Even though the deadline is extended, you may want to file a return earlier to receive any refund due.

Deferral of Payment

If you are a member of the Armed Forces, you may qualify to defer (delay) payment of income tax that becomes due before or during your military service. To qualify, you must:

  • Be performing military service, and

  • Notify the Internal Revenue Service that your ability to pay the income tax has been materially affected by your military service..

You will then be allowed up to 180 days after termination or release from military service to pay the tax. If you pay the tax in full by the end of the deferral period, you will not be charged interest or penalty for that period.

This exception does not apply to the employee's share of social security and Medicare taxes.

Military service.   The term military service means the period beginning on the date on which you enter military service and ending on the date on which you are released from military service or die while in military service. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under section 502(f) of title 32, United States Code, for purposes of responding to a national emergency declared by the President and supported by federal funds.

Request for deferment.   If you have a current payment agreement (such as an installment agreement), you must make a written request for deferment to the IRS office where you have the agreement.

  If you do not have a current payment agreement, you must wait until you receive a notice asking for payment before you request a deferral.

  Once you have received a notice, you must make a written request for deferment to the IRS office that issued the notice.

  Your request must include your name, social security number, monthly income and source of income before military service, current monthly income, military rank, date you entered military service, and date you are eligible for discharge. If possible, enclosing a copy of your orders would be helpful.

  The IRS will review your request and advise you in writing of its decision. Should you need further assistance, you can call the IRS at 1-800-829-1040 to discuss your situation.

Maximum Rate of Interest

Section 207 of the “Servicemembers Civil Relief Act” limits the maximum interest rate you can be charged to 6% per year for obligations or liabilities incurred before your entry into military service. The reduced rate applies only if your service materially affects your ability to pay. This rate applies only to that interest charged during the period of your military service.

To substantiate your claim for this reduced interest rate, you must furnish the IRS a copy of your orders or reporting instructions that detail the call to military service. You must do so no later than 180 days after the date of your termination or release from military service.

Combat Zone Exclusion

If you are a member of the U.S. Armed Forces who serves in a combat zone (defined later), you can exclude certain pay from your income. This pay is generally referred to as “combat pay.” You do not actually need to show the exclusion on your tax return because income that qualifies for the combat zone exclusion is not included in the wages reported on your Form W-2. (See Form W-2, later.)

The month for which you receive the pay must be a month in which you either served in a combat zone or were hospitalized as a result of wounds, disease, or injury incurred while serving in the combat zone. You do not have to receive the excluded pay while you are in a combat zone, are hospitalized, or in the same year you served in a combat zone.

If you are an enlisted member, warrant officer, or commissioned warrant officer, you can exclude the following amounts from your income. (Other officer personnel are discussed under Amount of Exclusion, later.)

  • Active duty pay earned in any month you served in a combat zone.

  • Imminent danger/hostile fire pay.

  • A reenlistment bonus if the voluntary extension or reenlistment occurs in a month you served in a combat zone.

  • Pay for accrued leave earned in any month you served in a combat zone. The Department of Defense must determine that the unused leave was earned during that period.

  • Pay received for duties as a member of the Armed Forces in clubs, messes, post and station theaters, and other nonappropriated fund activities. The pay must be earned in a month you served in a combat zone.

  • Awards for suggestions, inventions, or scientific achievements you are entitled to because of a submission you made in a month you served in a combat zone.

  • Student loan repayments. If the entire year of service required to earn the repayment was performed in a combat zone, the entire repayment made because of that year of service is excluded. If only part of that year of service was performed in a combat zone, only part of the repayment qualifies for exclusion. For example, if you served in a combat zone for 5 months, of your repayment qualifies for exclusion.

Retirement pay and pensions do not qualify for the combat zone exclusion.

Partial (month) service.   If you serve in a combat zone for any part of one or more days during a particular month, you are entitled to an exclusion for that entire month.

Form W-2.   The wages shown in box 1 of your 2008 Form W-2 should not include military pay excluded from your income under the combat zone exclusion provisions. If it does, you will need to get a corrected Form W-2 from your finance office.

  You cannot exclude as combat pay any wages shown in box 1 of Form W-2.

Combat Zone

A combat zone is any area the President of the United States designates by Executive Order as an area in which the U.S. Armed Forces are engaging or have engaged in combat. An area usually becomes a combat zone and ceases to be a combat zone on the dates the President designates by Executive Order.

Afghanistan area.   By Executive Order No. 13239, Afghanistan (and airspace above) was designated as a combat zone beginning September 19, 2001.

The Kosovo area.   By Executive Order No. 13119, the following locations (including air space above) were designated as a combat zone beginning March 24, 1999.
  • Federal Republic of Yugoslavia (Serbia/Montenegro).

  • Albania.

  • The Adriatic Sea.

  • The Ionian Sea—north of the 39th parallel.

Persian Gulf area.   By Executive Order No. 12744, the following locations (and airspace above) were designated as a combat zone beginning January 17, 1991.
  • The Persian Gulf.

  • The Red Sea.

  • The Gulf of Oman.

  • The part of the Arabian Sea that is north of 10 degrees north latitude and west of 68 degrees east longitude.

  • The Gulf of Aden.

  • The total land areas of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar, and the United Arab Emirates.

Serving in a Combat Zone

You are considered to be serving in a combat zone if you are either assigned on official temporary duty to a combat zone or you qualify for hostile fire/imminent danger pay while in a combat zone.

Service in a combat zone includes any periods you are absent from duty because of sickness, wounds, or leave. If, as a result of serving in a combat zone, a person becomes a prisoner of war or is missing in action, that person is considered to be serving in the combat zone so long as he or she keeps that status for military pay purposes.

Hospitalized While Serving in a Combat Zone

If you are hospitalized while serving in a combat zone, the wound, disease, or injury causing the hospitalization will be presumed to have been incurred while serving in the combat zone unless there is clear evidence to the contrary.

Example. You are hospitalized for a specific disease in a combat zone where you have been serving for 3 weeks, and the disease for which you are hospitalized has an incubation period of 2 to 4 weeks. The disease is presumed to have been incurred while you were serving in the combat zone. On the other hand, if the incubation period of the disease is 1 year, the disease would not have been incurred while you were serving in the combat zone.

Hospitalized After Leaving a Combat Zone

In some cases, the wound, disease, or injury may have been incurred while you were serving in the combat zone, even though you were not hospitalized until after you left. In that case, you can exclude military pay earned while you are hospitalized as a result of the wound, disease, or injury.

Example. You were hospitalized for a specific disease 3 weeks after you left the combat zone. The incubation period of the disease is from 2 to 4 weeks. The disease is presumed to have been incurred while serving in the combat zone.

Nonqualifying Presence in Combat Zone

None of the following types of military service qualify as service in a combat zone.

  • Presence in a combat zone while on leave from a duty station located outside the combat zone.

  • Passage over or through a combat zone during a trip between two points that are outside a combat zone.

  • Presence in a combat zone solely for your personal convenience.

Service Outside Combat Zone Considered Service in Combat Zone

Military service outside a combat zone is considered to be performed in a combat zone if:

  • Department of Defense designates that the service is in direct support of military operations in the combat zone, and

  • The service qualifies you for special military pay for duty subject to hostile fire or imminent danger.

Military pay received for this service will qualify for the combat zone exclusion if all of the requirements (other than service in a combat zone) are met and the pay is verifiable by reference to military pay records.

Amount of Exclusion

If you are an enlisted member, warrant officer, or commissioned warrant officer and you serve in a combat zone during any part of a month, you can exclude all of your military pay for that month. It should not be included in the wages reported on your Form W-2. You also can exclude military pay earned while you are hospitalized as a result of wounds, disease, or injury incurred in the combat zone. If you are hospitalized, you cannot exclude any military pay received for any month of service that begins more than 2 years after the end of combat activities in the combat zone. Your hospitalization does not have to be in the combat zone.

If you are a commissioned officer (other than a commissioned warrant officer), you can exclude your pay according to the rules just discussed. However, the amount of your exclusion is limited to the highest rate of enlisted pay (plus imminent danger/hostile fire pay you received) for each month during any part of which you served in a combat zone or were hospitalized as a result of your service there.

Obtaining an Automatic 6 Month Extension to File

You Need an Extension Because You are Out of the Country

Mailing Address for Sending Form 4868 | E-file Options

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