| 
  
    | Pub. 554, Older Americans' Tax Guide | 2005 Tax Year | 
            
            	
                           2.  
                              			    Taxable and  Nontaxable IncomeGenerally, income is taxable unless it is specifically exempt (not taxed) by law. Your taxable income may include compensation
                     for services,
                     interest, dividends, rents, royalties, income from partnerships, estate or trust income, gain from sales or exchanges of property,
                     and business income
                     of all kinds.
                     
                   Under special provisions of the law, certain items are partially or fully exempt from tax. Provisions that are of special
                     interest to older
                     taxpayers are discussed in this chapter.
                     
                   
                     
                        
                           
                              Compensation for Services
                               Generally, you must include in gross income everything you receive in payment for personal services. In addition to wages,
                        salaries, commissions,
                        fees, and tips, this includes other forms of compensation such as fringe benefits and stock options.
                        
                      You need not receive the compensation in cash for it to be taxable. Payments you receive in the form of goods or services
                        generally must be
                        included in gross income at their fair market value.
                        
                      Volunteer work.
                                Do not include in your gross income amounts you receive for supportive services or reimbursements for out-of-pocket
                        expenses under any of the
                        following volunteer programs.
                        
                         
                           
                              
                                 Retired Senior Volunteer Program (RSVP).
                                 Foster Grandparent Program.
                                 Senior Companion Program.
                                 Service Corps of Retired Executives (SCORE). Unemployment compensation.
                                You must include in your income all unemployment compensation you receive.
                        
                         More information.
                                See Publication 525, Taxable and Nontaxable Income, for more detailed information on specific types of income.
                        
                         
                     
                        
                           
                              Retirement Plan Distributions
                               This section summarizes the tax treatment of amounts you receive from certain individual retirement arrangements, employee
                        pensions or annuities,
                        and disability pensions or annuities. More detailed information can be found in Publication 590, Individual Retirement Arrangements
                        (IRAs), and
                        Publication 575, Pension and Annuity Income.
                        
                      
                        
                           
                              
                                 Individual Retirement Arrangements (IRAs) In general, distributions from a traditional IRA are taxable in the year you receive them. A traditional IRA is any IRA that
                           is not a Roth or
                           SIMPLE IRA. Exceptions to the general rule are rollovers, tax-free withdrawals of contributions, and the return of nondeductible
                           contributions. These
                           are discussed in Publication 590.
                           
                         
                              
                           If you made nondeductible contributions to a traditional IRA, you must file Form 8606, Nondeductible IRAs. If you do not file
                           Form 8606 with your
                           return, you may have to pay a $50 penalty. Also, when you receive distributions from your traditional IRA, the amounts will
                           be taxed unless you can
                           show, with satisfactory evidence, that nondeductible contributions were made.
                           
                         Early distributions.
                                   Generally, early distributions are amounts distributed from your traditional IRA account or annuity before you are
                           age 59½, or
                           amounts you receive when you cash in retirement bonds before you are age 59½. You must include early distributions of taxable
                           amounts
                           in your gross income. These taxable amounts are also subject to an additional 10% tax unless the distribution qualifies for
                           an exception. See Tax
                                 on Early Distributions , later.
                           
                            After age 59½ and before age 70½.
                                   After you reach age 59½, you can receive distributions from your traditional IRA without having to pay the 10% additional
                           tax. Even
                           though you can receive distributions after you reach age 59½, distributions are not required until April 1 of the year following
                           the
                           year in which you reach age 70½.
                           
                            Required distributions.
                                   If you are the owner of a traditional IRA, you must receive the entire balance in your IRA or start receiving periodic
                           distributions from your IRA
                           by April 1 of the year following the year in which you reach age 70½. See When Must You Withdraw Assets? (Required Minimum
                                 Distributions)  in Publication 590. If distributions from your traditional IRA(s) are less than the required minimum distribution for the
                           year,
                           you may have to pay a 50% excise tax for that year on the amount not distributed as required. See Tax on Excess Accumulation , later.
                           
                            
                        Generally, if you did not pay any part of the cost of your employee pension or annuity, and your employer did not withhold
                           part of the cost of the
                           contract from your pay while you worked, the amounts you receive each year are fully taxable.
                           
                         If you have a cost to recover from your pension or annuity plan (see Cost, below), you can exclude part of each annuity payment from
                           income as a recovery of your cost. This tax-free part of the payment is figured when your annuity starts and remains the same
                           each year, even if the
                           amount of the payment changes. The rest of each payment is taxable.
                           
                         You figure the tax-free part of the payment using one of the following methods.
                           
                         
                           
                              
                                 Simplified Method.
                                     You generally must use this method if your annuity is paid under a qualified plan (a qualified employee plan,
                                    a qualified employee annuity, or a tax-sheltered annuity plan or contract). You cannot use this method if your annuity is
                                    paid under a nonqualified
                                    plan.
                                 
                                 General Rule.
                                    You must use this method if your annuity is paid under a nonqualified plan. You generally cannot
                                    use this method if your annuity is paid under a qualified plan.
                                  
                           
                         You determine which method to use when you first begin receiving your annuity, and you continue using it each year that you
                           recover part of your
                           cost.
                           
                         Exclusion limit.
                                   If you contributed to your pension or annuity and your annuity starting date is before 1987, you can continue to take
                           your monthly exclusion for as
                           long as you receive your annuity. The total exclusion may be more than your cost.
                           
                            
                                   If your annuity starting date is after 1986, the total amount of annuity income you can exclude over the years as
                           a recovery of the cost cannot
                           exceed your total cost.
                           
                            
                                   In either case, any unrecovered cost at your (or the last annuitant's) death is allowed as a miscellaneous itemized
                           deduction on the final return
                           of the decedent. This deduction is not subject to the 2%-of-adjusted-gross-income limit on miscellaneous deductions.
                           
                            Cost.
                                   Before you can figure how much, if any, of your pension or annuity benefits is taxable, you must determine your cost
                           in the plan (your investment).
                           In general, your cost is your net investment in the contract as of the annuity starting date. This includes amounts your employer
                           contributed that
                           were taxable to you when paid.
                           
                            
                                   From this total cost paid or considered paid by you, subtract any refunded premiums, rebates, dividends, unrepaid
                           loans, or other tax-free amounts
                           you received by the later of the annuity starting date or the date on which you received your first payment.
                            
                                   The annuity starting date is the later of the first day of the first period for which you received a payment from
                           the plan or the date on which the
                           plan's obligations became fixed.
                           
                            
                           The amount of your contributions to the plan may be shown in box 9b of any Form 1099-R, Distributions From Pensions, Annuities,
                           Retirement or
                           Profit-Sharing Plans, IRAs, Insurance Contracts, etc., that you receive.
                           
                            Foreign employment contributions.
                                   If you worked abroad, certain amounts your employer paid into your retirement plan may be considered part of your
                           cost. For details, see
                           Foreign employment contributions in Publication 575.
                           
                            Withholding.
                                   Your pension, profit-sharing, stock bonus, annuity, or deferred compensation plan will withhold income tax on the
                           taxable part of amounts paid to
                           you. However, you can choose not to have tax withheld on the payments you receive, unless they are eligible rollover distributions.
                           See
                           Withholding Tax and Estimated Tax and Rollovers in Publication 575 for more information.
                           
                            
                                   For payments other than eligible rollover distributions, you can tell the payer how to withhold by filing a Form W-4P,
                           Withholding Certificate for
                           Pension or Annuity Payments.
                           
                            Simplified Method.
                                   Under the Simplified Method, you figure the tax-free part of each annuity payment by dividing your cost by the total
                           number of anticipated monthly
                           payments. For an annuity that is payable over the lives of the annuitants, this number is based on the annuitants' ages on
                           the annuity starting date
                           and is determined from a table. For any other annuity, this number is the number of monthly annuity payments under the contract.
                           
                            Who must use the Simplified Method.
                                   You generally must use the Simplified Method if your annuity starting date is after November 18, 1996, and you receive
                           your pension or annuity
                           payments from a qualified plan or annuity.
                           
                            
                                   In addition, if your annuity starting date is after July 1, 1986, and before November 19, 1996, you generally could
                           have chosen to use the
                           Simplified Method for payments from a qualified plan.
                           
                            Who cannot use the Simplified Method.
                                   You cannot use the Simplified Method and must use the General Rule if you receive pension or annuity payments from:
                           
                            
                              
                                 
                                    A nonqualified plan, such as a private annuity, a purchased commercial annuity, or a nonqualified employee plan, or
                                    A qualified plan if you are age 75 or older on your annuity starting date and you are entitled to at least 5 years of guaranteed
                                       payments
                                       (defined later).
                                     
                                   In addition, you must use the General Rule for payments from a qualified plan if your annuity starting date is after
                           July 1, 1986, and before
                           November 19, 1996, and you did not choose to use the Simplified Method. You also must use the General Rule for payments from
                           a qualified plan if your
                           annuity starting date is before July 2, 1986, and you did not qualify to use the Three-Year Rule.
                           
                            
                                   Complete information on the General Rule, including the tables you need, is contained in Publication 939, General
                           Rule for Pensions and Annuities.
                           
                            Guaranteed payments.
                                   Your annuity contract provides guaranteed payments if a minimum number of payments or a minimum amount (for example,
                           the amount of your investment)
                           is payable even if you and any survivor annuitant do not live to receive the minimum. If the minimum amount is less than the
                           total amount of the
                           payments you are to receive, barring death, during the first 5 years after payments begin (figured by ignoring any payment
                           increases), you are
                           entitled to less than 5 years of guaranteed payments.
                           
                            How to use the Simplified Method.
                                   Complete the Simplified Method Worksheet in the Form 1040 or Form 1040A instructions or in Publication 575 to figure
                           your taxable annuity for 2005.
                           If your annuity is payable over one or more life expectancies, use either your age or the combined ages on the annuity starting
                           date, as instructed.
                           If the annuity does not depend on anyone's life expectancy, use the total number of monthly annuity payments under the contract.
                           
                            
                           Be sure to keep a copy of the completed worksheet; it will help you figure your taxable annuity in later years.
                           
                            Example. Bill Smith, age 65, began receiving retirement benefits in 2005, under a joint and survivor annuity. Bill's annuity starting
                                 date is January 1,
                                 2005. The benefits are to be paid over the joint lives of Bill and his wife, Kathy, age 65. Bill had contributed $31,000 to
                                 a qualified plan and had
                                 received no distributions before the annuity starting date. Bill is to receive a retirement benefit of $1,200 a month, and
                                 Kathy is to receive a
                                 monthly survivor benefit of $600 upon Bill's death.
                                 
                               Bill must use the Simplified Method to figure his taxable annuity because his payments are from a qualified plan and he is
                                 under age 75. See the
                                 illustrated Worksheet 2-A, Simplified Method Worksheet, later.
                                 
                               His annuity is payable over the lives of more than one annuitant, so Bill uses his and Kathy's combined ages and Table 2 at
                                 the bottom of the
                                 worksheet in completing line 3 of the worksheet. Bill's tax-free monthly amount is $100 ($31,000 ÷ 310 as shown on line 4
                                 of the worksheet).
                                 Upon Bill's death, if Bill has not recovered the full $31,000 investment, Kathy will also exclude $100 from her $600 monthly
                                 payment. The full amount
                                 of any annuity payments received after 310 payments are paid must be included in gross income.
                                 
                               If Bill and Kathy die before 310 payments are made, a miscellaneous itemized deduction will be allowed for the unrecovered
                                 cost on the final income
                                 tax return of the last to die. This deduction is not subject to the 2%-of-adjusted-gross-income limit.
                                 
                              
                              
                               Worksheet 2-A.  Simplified Method Worksheet—IllustratedKeep for Your Records 
                                    
                                    
                                       
                                          | 1. | Enter the total pension or annuity payments received this year. Also, add this amount to the total for
                                             Form 1040, line 16a, or Form 1040A, line 12a | 1. | $  14,400 |  
                                          | 2. | Enter your cost in the plan (contract) at the annuity starting date | 2. | 31,000 |  
                                          |  | Note.  If your annuity starting date was before this year and you completed this worksheet last
                                             year, skip line 3 and enter the amount from line 4 of last year's worksheet on line 4 below. Otherwise, go to line 3. |  |  |  
                                          | 3. | Enter the appropriate number from Table 1 below. But if your annuity starting date was after 1997 and the
                                             payments are for your life and that of your beneficiary, enter the appropriate number from Table 2 below | 3. | 310 |  
                                          | 4. | Divide line 2 by the number on line 3 | 4. | 100 |  
                                          | 5. | Multiply line 4 by the number of months for which this year's payments were made. If your annuity starting
                                             date was before 1987, enter this amount on line 8 below and skip lines 6, 7, 10, and 11. Otherwise go to line 6 | 5. | 1,200 |  
                                          | 6. | Enter any amount previously recovered tax free in years after 1986 | 6. | 0 |  
                                          | 7. | Subtract line 6 from line 2 | 7. | 31,000 |  
                                          | 8. | Enter the smaller of line 5 or line 7 | 8. | 1,200 |  
                                          | 9. | Taxable amount for year. Subtract line 8 from line 1. Enter the result, but not less than zero.
                                             Also, add this amount to the total for Form 1040, line 16b, or Form 1040A, line 12b. Note.  If your Form 1099-R shows a larger taxable
                                             amount, use the amount on this line instead | 9. | $  13,200 |  
                                          | 10. | Add lines 6 and 8 | 10. | 1,200 |  
                                          | 11. | Balance of cost to be recovered. Subtract line 10 from line 2 | 11. | $29,800 | 
                                 
                                    
                                    
                                       
                                          | Table 1 for Line 3 Above |  
                                          |  |  |  | AND your annuity starting date was— |  
                                          |  | IF the age at annuity starting date was . . .
 |  | before November 19, 1996, enter on line 3 . . . | after November 18, 1996, enter on line 3 . . .
 |  
                                          |  | 55 or under | 300 | 360 |  
                                          |  | 56-60 | 260 | 310 |  
                                          |  | 61-65 | 240 | 260 |  
                                          |  | 66-70 | 170 | 210 |  
                                          |  | 71 or over | 120 | 160 |  
                                          | Table 2 for Line 3 Above |  
                                          |  | IF the combined ages at annuity starting date were . . . |  | THEN enter on line 3 . . . |  |  |  |  
                                          |  | 110 or under |  | 410 |  |  |  |  
                                          |  | 111-120 |  | 360 |  |  |  |  
                                          |  | 121-130 |  | 310 |  |  |  |  
                                          |  | 131-140 |  | 260 |  |  |  |  
                                          |  | 141 or over |  | 210 |  |  |  |  
                                          |  |  |  |  |  |  |  |  
                                          |  |  |  |  |  |  |  |  Survivors.
                                   If you receive a survivor annuity because of the death of a retiree who had reported the annuity under the Three-Year
                           Rule, include the total
                           received in your income. The retiree's cost has already been recovered tax free.
                           
                            
                                   If the retiree was reporting the annuity payments under the General Rule, you must apply the same exclusion percentage
                           the retiree used to your
                           initial payment called for in the contract. The resulting tax-free amount will then remain fixed. Any increases in the survivor
                           annuity are fully
                           taxable.
                           
                            
                                   If the retiree was reporting the annuity payments under the Simplified Method, the part of each payment that is tax
                           free is the same as the
                           tax-free amount figured by the retiree at the annuity starting date. See Simplified Method , earlier.
                           
                            How to report.
                                   If you file Form 1040, report your total annuity on line 16a, and the taxable part on line 16b. If your pension or
                           annuity is fully taxable, enter
                           it on line 16b. Do not make an entry on line 16a. For example, if you received monthly payments totaling $1,200 during 2005
                           from a pension plan that
                           was completely financed by your employer, and you had paid no tax on the payments that your employer made to the plan, the
                           entire $1,200 is taxable.
                           You include $1,200 only on Form 1040, line 16b.
                           
                            
                                   If you file Form 1040A, report your total annuity on line 12a, and the taxable part on line 12b. If your pension or
                           annuity is fully taxable, enter
                           it on line 12b. Do not make an entry on line 12a.
                           
                            Joint return.
                                   If you file a joint return and you and your spouse each receive one or more pensions or annuities, report the total
                           of the pensions and annuities
                           on Form 1040, line 16a, or Form 1040A, line 12a, and report the total of the taxable parts on Form 1040, line 16b, or Form
                           1040A, line 12b.
                           
                            Form 1099-R.
                                   You should receive a Form 1099-R for your pension or annuity. Form 1099-R shows your pension or annuity for the year
                           and any income tax withheld.
                           
                            
                              
                           You must attach Forms 1099-R to your tax return if federal income tax was withheld.
                           
                         
                           
                              
                                 
                                    Nonperiodic Distributions
                                     If you receive a nonperiodic distribution from your retirement plan, you may be able to exclude all or part of it from your
                              income as a recovery of
                              your cost. Nonperiodic distributions include cash withdrawals, distributions of current earnings, and certain loans. For information
                              on how to figure
                              the taxable amount of a nonperiodic distribution, see Taxation of Nonperiodic Payments in Publication 575.
                              
                            
                                 
                              The taxable part of a nonperiodic distribution may be subject to an additional 10% tax. See Tax on Early Distributions , later.
                              
                            Lump-sum distributions.
                                      If you receive a lump-sum distribution from a qualified employee plan or qualified employee annuity and the plan participant
                              was born before
                              January 2, 1936, you may be able to elect optional methods of figuring the tax on the distribution. The part from active participation
                              in the plan
                              before 1974 may qualify as capital gain subject to a 20% tax rate. The part from participation after 1973 (and any part from
                              participation before 1974
                              that you do not report as capital gain) is ordinary income. You may be able to use the 10-year tax option to figure tax on
                              the ordinary income part.
                              
                               Form 1099-R.
                                      If you receive a total distribution from a plan, you should receive a Form 1099-R. If the distribution qualifies as
                              a lump-sum distribution, box 3
                              shows the capital gain. The amount in box 2a minus the amount in box 3 is the ordinary income.
                              
                               More information.
                                      For more detailed information on lump-sum distributions, get Publication 575 or Form 4972, Tax on Lump-Sum Distributions.
                              
                               
                           
                              
                                 
                                    Tax on Early Distributions
                                     Most distributions you receive from your qualified retirement plan or deferred annuity contract before you reach age 59½ are
                              subject
                              to an additional tax of 10%. The tax applies to the taxable part of the distribution.
                              
                            For this purpose, a qualified retirement plan is:
                              
                              
                            
                              
                                 
                                    A qualified employee plan,
                                    A qualified employee annuity plan,
                                    A tax-sheltered annuity plan (403(b) plan), 
                                    An IRA, or
                                    An eligible state or local government section 457 deferred compensation plan (to the extent that any distribution is attributable
                                       to amounts
                                       the plan received in a direct transfer or rollover from one of the other plans listed here).
                                     
                              
                            5% rate on certain early distributions from deferred annuity contracts.
                                      If an early withdrawal from a deferred annuity is otherwise subject to the 10% additional tax, a 5% rate may apply
                              instead. A 5% rate applies to
                              distributions under a written election providing a specific schedule for the distribution of your interest in the contract
                              if, as of March 1, 1986,
                              you had begun receiving payments under the election. On Form 5329, line 4, multiply by 5% instead of 10%. Attach an explanation
                              to your return.
                              
                               Exceptions to tax.
                                      The early distribution tax does not apply to any distribution that meets one of the following exceptions.
                              
                               General exceptions.
                                      The tax does not apply to distributions that are:
                              
                               
                                 
                                    
                                       Made as part of a series of substantially equal periodic payments (made at least annually) for your life (or life expectancy)
                                          or the joint
                                          lives (or joint life expectancies) of you and your designated beneficiary (if from a qualified employee plan, the payments
                                          must begin after separation
                                          from service), 
                                       
                                       Made because you are totally and permanently disabled, 
                                       Made on or after the death of the plan participant or contract holder, or 
                                       
                                          Qualified Hurricane Katrina distributions (see below).
                                        Additional exceptions for qualified retirement plans.
                                      The tax does not apply to distributions that are:
                              
                               
                                 
                                    
                                       From a qualified retirement plan, other than an IRA, after your separation from service in or after the year you reached age
                                          55,
                                          
                                       
                                       From a qualified retirement plan, other than an IRA, to an alternate payee under a qualified domestic relations order, 
                                       From a qualified retirement plan to the extent you have deductible medical expenses (medical expenses that exceed 7.5% of
                                          your adjusted
                                          gross income), whether or not you itemize your deductions for the year, 
                                       
                                       From an employer plan under a written election that provides a specific schedule for distribution of your entire interest
                                          if, as of March 1,
                                          1986, you had separated from service and had begun receiving payments under the election, 
                                       
                                       From an employee stock ownership plan for dividends on employer securities held by the plan, or 
                                       From a qualified retirement plan due to an IRS levy of the plan.  Additional exceptions for nonqualified annuity contracts.
                                      The tax does not apply to distributions that are:
                              
                               
                                 
                                    
                                       From a deferred annuity contract to the extent allocable to investment in the contract before August 14, 1982, 
                                       From a deferred annuity contract under a qualified personal injury settlement, 
                                       From a deferred annuity contract purchased by your employer upon termination of a qualified employee plan or qualified employee
                                          annuity plan
                                          and held by your employer until your separation from service, or 
                                       
                                       From an immediate annuity contract (a single premium contract providing substantially equal annuity payments that start within
                                          1 year from
                                          the date of purchase and are paid at least annually). 
                                        Special rule for qualified Hurricane Katrina distributions.
                                      
                              The tax on early distributions does not apply if all of the following requirements are met.
                              
                               
                                 
                                    
                                       Your main home on August 28, 2005, was in the Hurricane Katrina disaster area and you sustained an economic loss.
                                       Your distribution is from an eligible retirement plan (qualified retirement plan, section 403(b) plan, annuity, or IRA).
                                       Your distribution was made on or after August 25, 2005, and before January 1, 2007.
                                       The total amount of qualified Hurricane Katrina distributions you received from all plans, annuities, and IRAs is not more
                                          than
                                          $100,000.
                                         You will file Form 8915 instead of following the reporting instructions below. See Publication 4492 for more information.
                              
                               Reporting tax or exception.
                                      If you owe only the tax on early distributions and distribution code 1 (early distribution, no known exception) is
                              correctly shown in Form 1099-R,
                              box 7, multiply the taxable part of the early distribution by 10% (.10) and enter the result on Form 1040, line 60. Write
                              “No ” under the heading
                              Other Taxes  to the left of line 60 to indicate that you do not have to file Form 5329.
                              
                               
                                      You do not have to file Form 5329 if you qualify for an exception to the 10% tax and distribution code 2, 3, or 4
                              is correctly shown on Form
                              1099-R, box 7. However, you must file Form 5329 if the code is not shown or the code shown is incorrect (for example, code
                              1 is shown although you
                              meet an exception).
                              
                               
                           
                              
                                 
                                    Tax on Excess Accumulation
                                     To make sure that most of your retirement benefits are paid to you during your lifetime, rather than to your beneficiaries
                              after your death, the
                              payments that you receive from qualified retirement plans generally must begin no later than your required beginning date
                              (unless the rule for 5%
                              owners applies). This is April 1 of the year that follows the later of:
                              
                            
                              
                                 
                                    The calendar year in which you reach age 70½, or
                                    The calendar year in which you retire from employment with the employer maintaining the plan. 
                              
                            For this purpose, a qualified retirement plan includes:
                              
                            
                              
                                 
                                    A qualified employee plan,
                                    A qualified employee annuity plan,
                                    An eligible section 457 deferred compensation plan, or
                                    A tax-sheltered annuity plan (403(b) plan) (for benefits accruing after 1986). 
                              
                            5% owners.
                                      If you own (or are considered to own under section 318 of the Internal Revenue Code) more than 5% of the company maintaining
                              your qualified
                              retirement plan, you must begin to receive distributions by April 1 of the year after the calendar year in which you reach
                              age 70½. See
                              Publication 575 for more information.
                              
                               Amount of tax.
                                      If you do not receive the required minimum distribution, you are subject to an additional tax. The tax equals 50%
                              of the difference between the
                              amount that must be distributed and the amount that was distributed during the tax year. You can get this excise tax excused
                              if you establish that the
                              shortfall in distributions was due to reasonable error and that you are taking reasonable steps to remedy the shortfall.
                              
                               Form 5329.
                                      You must file a Form 5329 if you owe a tax because you did not receive a minimum required distribution from your qualified
                              retirement plan.
                              
                               Additional information.
                                      For more detailed information on the tax on excess accumulation, see Publication 575.
                              
                               
                           
                              
                                 
                                    Railroad Retirement Benefits
                                     Benefits paid under the Railroad Retirement Act fall into two categories. These categories are treated differently for income
                              tax purposes.
                              
                            Tier 1.
                                      The first category is the amount of tier 1 railroad retirement benefits that equals the social security benefit that
                              a railroad employee or
                              beneficiary would have been entitled to receive under the social security system. This part of the tier 1 benefit is the social
                              security equivalent
                              benefit (SSEB) and is treated (for tax purposes) like social security benefits. (See Social Security and Equivalent Railroad Retirement
                                    Benefits , later.)
                              
                               Non-social security equivalent benefits.
                                      The second category consists of the rest of the tier 1 benefits, called the non-social security equivalent benefit
                              (NSSEB), and any tier 2 benefit,
                              vested dual benefit (VDB), and supplemental annuity benefit. This category of benefits is treated as an amount received from
                              a qualified employee
                              plan. This allows for the tax-free (nontaxable) recovery of employee contributions from the tier 2 benefits and the NSSEB
                              part of the tier 1 benefits.
                              Vested dual benefits and supplemental annuity benefits are fully taxable.
                              
                               More information.
                                      For more information about railroad retirement benefits, see Publication 575.
                              
                               
                           Military retirement pay based on age or length of service is taxable and must be included in income as a pension on Form 1040,
                              lines 16a and 16b or
                              on Form 1040A, lines 12a and 12b. But, certain military and government disability pensions that are based on a percentage
                              of disability from active
                              service in the Armed Forces of any country generally are not taxable. For more information, including information about veterans'
                              benefits and
                              insurance, see Publication 525.
                              
                            
                     
                        
                           
                              Social Security and  Equivalent Railroad  Retirement Benefits
                               This discussion explains the federal income tax rules for social security benefits and equivalent tier 1 railroad retirement
                        benefits.
                        
                      Social security benefits include monthly retirement, survivor, and disability benefits. They do not include supplemental security
                        income (SSI)
                        payments, which are not taxable.
                        
                      
                        Equivalent tier 1 railroad retirement benefits are the part of tier 1 benefits that a railroad
                        employee or beneficiary would have been entitled to receive under the social security system. They commonly are called the
                        social security equivalent
                        benefit (SSEB) portion of tier 1 benefits.
                        
                      If you received these benefits during 2005, you should have received a Form SSA-1099 or Form RRB-1099 (Form SSA-1042S or Form
                        RRB-1042S if you are
                        a nonresident alien).
                        
                      
                        Note. 
                        When the term benefits is used in this section, it applies to both social security benefits and equivalent tier 1 railroad
                           retirement benefits.
                           
                         
                        
                           
                              
                                 Are Any of Your Benefits Taxable? To find out whether any of your benefits may be taxable, compare the base amount for your filing status to the total of:
                           
                         
                           
                              
                                 One-half of your benefits, plus
                                 All your other income, including tax-exempt interest. 
                           
                         When making this comparison, do not reduce your other income by any exclusions for:
                           
                         
                           
                              
                                 Interest from qualified U.S. savings bonds,
                                 Employer-provided adoption benefits,
                                 Foreign earned income or foreign housing, or
                                 Income earned in American Samoa or Puerto Rico by bona fide residents. 
                           
                         Figuring total income.
                                   To figure amount of income to compare with your base amount, use Worksheet 2-B. If the total is more than your base
                           amount, part of your benefits
                           may be taxable.
                           
                            If you are married and file a joint return for 2005, you and your spouse must combine your incomes and your benefits to figure
                           whether any of your
                           combined benefits are taxable. Even if your spouse did not receive any benefits, you must add your spouse's income to yours
                           to figure whether any of
                           your benefits are taxable.
                           
                         
                              
                           If the only income you received during 2005 was your social security or SSEB portion of tier 1 railroad retirement benefits,
                           your benefits
                           generally are not taxable and you probably do not have to file a return. If you have income in addition to your benefits,
                           you may have to file a
                           return even if none of your benefits are taxable.
                           
                         
                           
                         
                           
                            Worksheet 2-B. Are Any of Your Benefits Taxable?Keep for Your Records 
                                 
                                 
                                    
                                       | A. | Enter the amount from box 5 of all your Forms SSA-1099 and RRB-1099. Include the full amount of any lump-sum benefit payments received in 2005, for 2005 and
 earlier years. (If you received more than one form, combine the amounts from box 5
 and enter the total.)
 | A. |  |  
                                       |  | Note. If the amount on line A is zero or less, stop here; none of your benefits are taxable this year.
 |  |  |  
                                       | B. | Enter one-half of the amount on line A | B. |  |  
                                       | C. | Add your taxable pensions, wages, interest, dividends, and other taxable income and enter the total
 | C. |  |  
                                       | D. | Enter any tax-exempt interest income (such as interest on municipal bonds) plus any exclusions from income
                                          for: •Interest from qualified U.S. savings bonds,
 •Employer-provided adoption benefits,
 •Foreign earned income or foreign housing, or
 •Income earned in American Samoa or Puerto Rico by bona fide residents
 | D. |  |  
                                       | E. | Add lines B, C, and D and enter the total | E. |  |  
                                       | F. | If you are: •Married filing jointly, enter $32,000
 •Single, head of household, qualifying widow(er), or married filing separately and you
 lived apart from your spouse for all of 2005, enter $25,000
 •Married filing separately and you lived with your spouse at any time during 2005,
 enter -0-
 | F. |  |  
                                       | G. | Is the amount on line F less than or equal to the amount on line E? No.None of your benefits are taxable this year.
 Yes.Some of your benefits may be taxable. To figure how much of your benefits
 are taxable, see Which worksheet to use under How Much Is Taxable, later.
 |  |  |  
                           
                         
                           Your base amount is:
                              
                            
                              
                                 
                                    $25,000 if you are single, head of household, or qualifying widow(er),
                                    $25,000 if you are married filing separately and lived apart from your spouse for all of 2005,
                                    $32,000 if you are married filing jointly, or
                                    $0 if you are married filing separately and lived with your spouse at any time during 2005. 
                              
                            
                           Any repayment of benefits you made during 2005 must be subtracted from the gross benefits you received in 2005. It does not
                              matter whether the
                              repayment was for a benefit you received in 2005 or in an earlier year. If you repaid more than the gross benefits you received
                              in 2005, see
                              Repayments More Than Gross Benefits, later.
                              
                            Your gross benefits are shown in box 3 of Form SSA-1099 or Form RRB-1099. Your repayments are shown in box 4. The amount in
                              box 5 shows your net
                              benefits for 2005 (box 3 minus box 4). Use the amount in box 5 to figure whether any of your benefits are taxable.
                              
                            
                           
                              
                                 
                                    Tax Withholding and Estimated Tax
                                     You can choose to have federal income tax withheld from your social security and/or the SSEB portion of your tier 1 railroad
                              retirement benefits.
                              If you choose to do this, you must complete a Form W-4V, Voluntary Withholding Request. You can choose withholding at 7%,
                              10%, 15%, or 25% of your
                              total benefit payment.
                              
                            If you do not choose to have income tax withheld, you may have to request additional withholding from other income, or pay
                              estimated tax during the
                              year. For details, see Publication 505, Tax Withholding and Estimated Tax, or the instructions for Form 1040-ES, Estimated
                              Tax for Individuals.
                              
                            
                        
                        If part of your benefits are taxable, how much is taxable depends on the total amount of your benefits and other income. Generally,
                           the higher that
                           total amount, the greater the taxable part of your benefits.
                           
                         Maximum taxable part.
                                   The taxable part of your benefits usually cannot be more than 50%. However, up to 85% of your benefits can be taxable
                           if either of the following
                           situations applies to you.
                           
                            
                              
                                 
                                    The total of one-half of your benefits and all your other income is more than $34,000 ($44,000 if you are married filing
                                       jointly).
                                    
                                    You are married filing separately and lived with your spouse at any time during 2005. Which worksheet to use.
                                   A worksheet to figure your taxable benefits is in the instructions for your Form 1040 or 1040A. However, you will
                           need to use a different
                           worksheet(s) if any of the following situations applies to you.
                           
                            
                              
                                 
                                    You contributed to a traditional individual retirement arrangement (IRA) and you or your spouse is covered by a retirement
                                       plan at work. In
                                       this situation, you must use the special worksheets in Appendix B of Publication 590 to figure both your IRA deduction and
                                       your taxable
                                       benefits.
                                    
                                    Situation (1) does not apply and you take an exclusion for interest from qualified U.S. savings bonds (Form 8815), for adoption
                                       benefits
                                       (Form 8839), for foreign earned income or housing (Form 2555 or Form 2555-EZ), or for income earned in American Samoa (Form
                                       4563) or Puerto Rico by
                                       bona fide residents. In this situation, you must use Worksheet 1 in Publication 915, Social Security and Equivalent Railroad
                                       Retirement Benefits, to
                                       figure your taxable benefits. 
                                    
                                    You received a lump-sum payment for an earlier year. In this situation, also complete Worksheet 2 or 3 and Worksheet 4 in
                                       Publication
                                       915.
                                     
                        
                           
                              
                                 How To Report Your Benefits If part of your benefits are taxable, you must use Form 1040 or Form 1040A. You cannot use Form 1040EZ.
                           
                         Reporting on Form 1040.
                                   Report your net benefits (the amount in box 5 of your Form SSA-1099 or Form RRB-1099) on line 20a and the taxable
                           part on line 20b. If you are
                           married filing separately and you lived apart from your spouse for all of 2005, also enter “D ” to the right of the word “benefits ” on line
                           20a.
                           
                            Reporting on Form 1040A.
                                   Report your net benefits (the amount in box 5 of your Form SSA-1099 or Form RRB-1099) on line 14a and the taxable
                           part on line 14b. If you are
                           married filing separately and you lived apart from your spouse for all of 2005, enter “D ” to the right of the word “benefits ” on line 14a.
                           
                            Benefits not taxable.
                                   If none of your benefits are taxable, do not report any of them on your tax return. However, if you are married filing
                           separately and you lived
                           apart from your spouse for all of 2005, make the following entries: On Form 1040, enter “D ” to the right of the word “benefits ” on line 20a
                           and “-0- ” on line 20b. On Form 1040A, enter “D ” to the right of the word “benefits ” on line 14a and “-0- ” on line 14b.
                           
                            
                        You must include the taxable part of a lump-sum (retroactive) payment of benefits received in 2005 in your 2005 income, even
                           if the payment
                           includes benefits for an earlier year.
                           
                         
                              
                           This type of lump-sum benefit payment should not be confused with the lump-sum death benefit that both the SSA and RRB pay
                           to many of their
                           beneficiaries. No part of the lump-sum death benefit is subject to tax.
                           
                         Generally, you use your 2005 income to figure the taxable part of the total benefits received in 2005. However, you may be
                           able to figure the
                           taxable part of a lump-sum payment for an earlier year separately, using your income for the earlier year. You can elect this
                           method if it lowers your
                           taxable benefits. See Publication 915 for more information.
                           
                         
                        
                           
                              
                                 Repayments More  Than Gross Benefits In some situations, your Form SSA-1099 or Form RRB-1099 will show that the total benefits you repaid (box 4) are more than
                           the gross benefits (box
                           3) you received. If this occurred, your net benefits in box 5 will be a negative figure (a figure in parentheses) and none
                           of your benefits will be
                           taxable. If you receive more than one form, a negative figure in box 5 of one form is used to offset a positive figure in
                           box 5 of another form for
                           that same year.
                           
                         If you have any questions about this negative figure, contact your local Social Security Administration office or your local
                           U.S. Railroad
                           Retirement Board field office.
                           
                         Joint return.
                                   If you and your spouse file a joint return, and your Form SSA-1099 or RRB-1099 has a negative figure in box 5 but
                           your spouse's does not, subtract
                           the amount in box 5 of your form from the amount in box 5 of your spouse's form. You do this to get your net benefits when
                           figuring if your combined
                           benefits are taxable.
                           
                            Repayment of benefits received in an earlier year.
                                   If the total amount shown in box 5 of all of your Forms SSA-1099 and RRB-1099 is a negative figure, you can take an
                           itemized deduction for the part
                           of this negative figure that represents benefits you included in gross income in an earlier year.
                           
                            
                                   If this deduction is $3,000 or less, it is subject to the 2%-of-adjusted-gross-income limit that applies to certain
                           miscellaneous itemized
                           deductions. Claim it on Schedule A (Form 1040), line 22.
                           
                            
                                   If this deduction is more than $3,000, you have some special instructions to follow. See Publication 915 for those
                           instructions.
                           
                            
                     
                        
                           
                              Sickness and  Injury Benefits
                               Generally, you must report as income any amount you receive for personal injury or sickness through an accident or health
                        plan that is paid for by
                        your employer. If both you and your employer pay for the plan, only the amount you receive that is due to your employer's
                        payments is reported as
                        income. However, certain payments may not be taxable to you. Some of these payments are discussed later in this section. Also,
                        see Military and
                              Government Disability Pensions in Publication 525.
                        
                      Cost paid by you.
                                If you pay the entire cost of an accident or health plan, do not include any amounts you receive from the plan for
                        personal injury or sickness as
                        income on your tax return. If your plan reimbursed you for medical expenses you deducted in an earlier year, you may have
                        to include some, or all, of
                        the reimbursement in your income.
                        
                         
                        If you retired on disability, you must include in income any disability pension you receive under a plan that is paid for
                           by your employer. You
                           must report your taxable disability payments as wages on line 7 of Form 1040 or Form 1040A until you reach minimum retirement
                           age. Minimum retirement
                           age generally is the age at which you can first receive a pension or annuity if you are not disabled.
                           
                         
                              
                           You may be entitled to a tax credit if you were permanently and totally disabled when you retired. For information on this
                           credit, see Publication
                           524, Credit for the Elderly or the Disabled.
                           
                         Beginning on the day after you reach minimum retirement age, payments you receive are taxable as a pension or annuity. Report
                           the payments on lines
                           16a and 16b of Form 1040 or on lines 12a and 12b of Form 1040A. For more information on pensions and annuities, see Publication
                           575.
                           
                         Retirement and profit-sharing plans.
                                   If you receive payments from a retirement or profit-sharing plan that does not provide for disability retirement,
                           do not treat the payments as a
                           disability pension. The payments must be reported as a pension or annuity.
                           
                            Accrued leave payment.
                                   If you retire on disability, any lump-sum payment you receive for accrued annual leave is a salary payment. The payment
                           is not a disability
                           payment. Include it in your income in the tax year you receive it.
                           
                            
                        
                           
                              
                                 Long-Term Care  Insurance Contracts Long-term care insurance contracts generally are treated as accident and health insurance contracts. Amounts you receive from
                           them (other than
                           policyholder dividends or premium refunds) generally are excludable from income as amounts received for personal injury or
                           sickness. However, the
                           amount you can exclude may be limited. Long-term care insurance contracts are discussed in more detail in Publication 525.
                           
                         
                        Amounts you receive as workers' compensation for an occupational sickness or injury are fully exempt from tax if they are
                           paid under a workers'
                           compensation act or a statute in the nature of a workers' compensation act. The exemption also applies to your survivors.
                           The exemption, however, does
                           not apply to retirement plan benefits you receive based on your age, length of service, or prior contributions to the plan,
                           even if you retired
                           because of an occupational sickness or injury.
                           
                         
                              
                           If part of your workers' compensation reduces your social security or equivalent railroad retirement benefits received, that
                           part is considered
                           social security (or equivalent railroad retirement) benefits and may be taxable. For a discussion of the taxability of these
                           benefits, see Social
                           Security and Equivalent Railroad Retirement Benefits , earlier.
                           
                         Return to work.
                                   If you return to work after qualifying for workers' compensation, salary payments you receive for performing light
                           duties are taxable as wages.
                           
                            
                        
                           
                              
                                 Other Sickness  and Injury Benefits In addition to disability pensions and annuities, you may receive other payments for sickness or injury.
                           
                         Federal Employees' Compensation Act (FECA).
                                   Payments received under this Act for personal injury or sickness, including payments to beneficiaries in case of death,
                           are not taxable. However,
                           you are taxed on amounts you receive under this Act as continuation of pay for up to 45 days while a claim is being decided.
                           Report this income on
                           line 7 of Form 1040 or Form 1040A or on line 1 of Form 1040EZ. Also, pay for sick leave while a claim is being processed is
                           taxable and must be
                           included in your income as wages.
                           
                            
                           If part of the payments you receive under FECA reduces your social security or equivalent railroad retirement benefits received,
                           that part is
                           considered social security (or equivalent railroad retirement) benefits and may be taxable.
                           
                            Other compensation.
                                   Many other amounts you receive as compensation for sickness or injury are not taxable. These include the following
                           amounts.
                           
                            
                                 
                                    Benefits you receive under an accident or health insurance policy on which either you paid the premiums or your employer paid
                                       the premiums
                                       but you had to include them in your income. 
                                    
                                    Disability benefits you receive for loss of income or earning capacity as a result of injuries under a no-fault car insurance
                                       policy.
                                       
                                    
                                    Compensation you receive for permanent loss or loss of use of a part or function of your body, or for your permanent disfigurement.
                                       This
                                       compensation must be based only on the injury and not on the period of your absence from work. These benefits are not taxable
                                       even if your employer
                                       pays for the accident and health plan that provides these benefits. 
                                     
                     Generally, if you retire on disability, you must report your pension or annuity as income.
                        
                      If you were 65 or older by the end of 2005, or you were retired on permanent and total disability and received taxable disability
                        income, you may
                        be able to claim the credit for the elderly or the disabled. See Credit for the Elderly or the Disabled, later.
                        
                      Taxable disability pensions or annuities.
                                Generally, you must report as income any amount you receive for your disability through an accident or health insurance
                        plan that is paid for by
                        your employer. However, certain payments may not be taxable to you. See Sickness and Injury Benefits , earlier.
                        
                         Cost paid by you.
                                If you pay the entire cost of a health or accident insurance plan, do not include any amounts you receive for your
                        disability as income on your tax
                        return. If your plan reimbursed you for medical expenses you deducted in an earlier year, you may have to include some, or
                        all, of the reimbursement
                        in your income.
                        
                         Accrued leave payment.
                                If you retire on disability, any lump-sum payment you receive for accrued annual leave is a salary payment. The payment
                        is not a disability
                        payment. Include it in your income in the year you receive it.
                        
                         Workers' compensation.
                                If part of your disability pension is workers' compensation, that part is exempt from tax. The exemption also applies
                        to your survivors.
                        
                         How to report.
                                You must report all your taxable disability income as wages on line 7 of Form 1040 or Form 1040A, until you reach
                        minimum retirement age.
                        Generally, this is the age at which you can first receive a pension or annuity if you are not disabled.
                        
                         
                                Beginning on the day after you reach minimum retirement age, the payments you receive are taxable as a pension. Report
                        them on Form 1040, lines 16a
                        and 16b or on Form 1040A, lines 12a and 12b.
                        
                         
                     Life insurance proceeds paid to you because of the death of the insured person are not taxable unless the policy was turned
                        over to you for a
                        price. This is true even if the proceeds were paid under an accident or health insurance policy or an endowment contract.
                        
                      Proceeds not received in installments.
                                If death benefits are paid to you in a lump sum or other than at regular intervals, include in your income only the
                        benefits that are more than the
                        amount payable to you at the time of the insured person's death. If the benefit payable at death is not specified, you include
                        in your income the
                        benefit payments that are more than the present value of the payments at the time of death.
                        
                         Proceeds received in installments.
                                If you receive life insurance proceeds in installments, you can exclude part of each installment from your income.
                        
                         
                                To determine the excluded part, divide the amount held by the insurance company (generally the total lump sum payable
                        at the death of the insured
                        person) by the number of installments to be paid. Include anything over this excluded part in your income as interest.
                        
                         Installments for life.
                                If, as the beneficiary under an insurance contract, you are entitled to receive the proceeds in installments for the
                        rest of your life without a
                        refund or period-certain guarantee, you figure the excluded part of each installment by dividing the amount held by the insurance
                        company by your life
                        expectancy. If there is a refund or period-certain guarantee, the amount held by the insurance company for this purpose is
                        reduced by the actuarial
                        value of the guarantee.
                        
                         Surviving spouse.
                                If your spouse died before October 23, 1986, and insurance proceeds paid to you because of the death of your spouse
                        are received in installments,
                        you can exclude up to $1,000 a year of the interest included in the installments. If you remarry, you can continue to take
                        the exclusion.
                        
                         Surrender of policy for cash.
                                If you surrender a life insurance policy for cash, you must include in income any proceeds that are more than the
                        cost of the life insurance
                        policy. You should receive a Form 1099-R showing the total proceeds and the taxable part. Report these amounts on Form 1040,
                        lines 16a and 16b, or
                        Form 1040A, lines 12a and 12b.
                        
                         
                        Endowment proceeds paid in a lump sum to you at maturity are taxable only if the proceeds are more than the cost of the policy.
                           To determine your
                           cost, subtract any amount that you previously received under the contract and excluded from your income from the total premiums
                           (or other
                           consideration) paid for the contract. Include the part of the lump-sum payment that is more than your cost in your income.
                           
                         Endowment proceeds that you choose to receive in installments instead of a lump-sum payment at the maturity of the policy
                           are taxed as an annuity.
                           This is explained in Publication 575. For this treatment to apply, you must choose to receive the proceeds in installments
                           before receiving any part
                           of the lump sum. This election must be made within 60 days after the lump-sum payment first becomes payable to you.
                           
                         
                        
                           
                              
                                 Accelerated Death Benefits Certain amounts paid as accelerated death benefits under a life insurance contract or viatical settlement before the insured's
                           death are excluded
                           from income if the insured is terminally or chronically ill. See Exception, later. For a chronically ill individual, the payments must be
                           for costs incurred for qualified long-term care services or made on a periodic basis without regard to the costs.
                           
                         In addition, if any portion of a death benefit under a life insurance contract on the life of a terminally or chronically
                           ill individual is sold or
                           assigned to a viatical settlement provider, the amount received also is excluded from income. Generally, a viatical settlement
                           provider is one who
                           regularly engages in the business of buying or taking assignment of life insurance contracts on the lives of insured individuals
                           who are terminally or
                           chronically ill.
                           
                         
                           To claim an exclusion for accelerated death benefits made on a per diem or other periodic basis, you must file Form
                           8853, Archer MSAs and Long-Term Care Insurance Contracts, with your return.
                           
                         Terminally or chronically ill defined.
                                   A terminally ill person is one who has been certified by a physician as having an illness or physical condition that
                           reasonably can be expected to
                           result in death within 24 months from the date of the certification. A chronically ill person is one who is not terminally
                           ill but has been certified
                           (within the previous 12 months) by a licensed health care practitioner as meeting either of the following conditions.
                           
                            
                              
                                 
                                    The person is unable to perform (without substantial help) at least two activities of daily living for a period of 90 days
                                       or more because
                                       of a loss of functional capacity.
                                    
                                    The person requires substantial supervision to protect himself or herself from threats to health and safety due to severe
                                       cognitive
                                       impairment.
                                     Exception.
                                   The exclusion does not apply to any amount paid to a person other than the insured if that other person has an insurable
                           interest in the life of
                           the insured because the insured:
                           
                            
                              
                                 
                                    Is a director, officer, or employee of the other person, or
                                    Has a financial interest in the business of the other person. 
                     
                     
                        
                        
                        
                        
                        You may be able to exclude from income any gain up to $250,000 ($500,000 on a joint return in most cases) on
                        the sale of your main home. Generally, if you can exclude all of the gain, you do not need to report the sale on your tax
                        return.
                        
                      
                        
                           
                              
                                 Maximum Amount of Exclusion You can exclude up to $250,000 of the gain on the sale of your main home if all of the following are true.
                           
                         
                           
                              
                                 You meet the ownership test.
                                 You meet the use test.
                                 During the 2-year period ending on the date of the sale, you did not exclude gain from the sale of another home. 
                           
                         You can exclude up to $500,000 of the gain on the sale of your main home if all of the following are true.
                           
                         
                           
                              
                                 You are married and file a joint return for the year.
                                 Either you or your spouse meets the ownership test.
                                 Both you and your spouse meet the use test.
                                 During the 2-year period ending on the date of the sale, neither you nor your spouse excluded gain from the sale of another
                                    home.
                                  
                           
                         
                        
                        To claim the exclusion, you must meet the ownership and use tests. This means that during the 5-year period ending on the
                           date of the sale, you
                           must have:
                           
                         
                           
                              
                                 Owned the home for at least 2 years (the ownership test), and
                                 Lived in the home as your main home for at least 2 years (the use test). 
                           
                         Exception to ownership and use tests.
                                   If you owned and lived in the property as your main home for less than 2 years, you still can claim an exclusion in
                           some cases. Generally, you must
                           have sold the home due to a change in place of employment, health, or unforeseen circumstances. The maximum amount you can
                           exclude will be reduced.
                           See Publication 523, Selling Your Home, for more information.
                           
                            Exception to ownership test for property acquired in a like-kind exchange.
                                   You must have owned your main home for at least 5 years to qualify for the exclusion if you meet both of the following
                           conditions.
                           
                             A like-kind exchange is an exchange of property held for productive use in a trade or business or for investment. See Publication
                           523 for more
                           information.
                           
                            
                        
                        In the special situations discussed below, if you and your spouse file a joint return for the year of sale you can exclude
                           gain if either spouse
                           meets the ownership and use tests. See Maximum Amount of Exclusion, earlier.
                           
                         Death of spouse before sale.
                                   If your spouse died and you did not remarry before the date of sale, you are considered to have owned and lived in
                           the property as your main home
                           during any period of time when your spouse owned and lived in it as a main home.
                           
                            Home transferred from spouse.
                                   If your home was transferred to you by your spouse (or former spouse if the transfer was incident to divorce), you
                           are considered to have owned it
                           during any period of time when your spouse owned it.
                           
                            Use of home after divorce.
                                   You are considered to have used property as your main home during any period when:
                           
                            
                        
                           
                              
                                 Business Use or Rental of Home You may be able to exclude your gain from the sale of a home that you have used for business or to produce rental income.
                           But, you must meet the
                           ownership and use tests. See Publication 523 for more information.
                           
                         Depreciation after May 6, 1997.
                                   If you were entitled to take depreciation deductions because you used your home for business purposes or as rental
                           property, you cannot exclude the
                           part of your gain equal to any depreciation allowed or allowable as a deduction for periods after May 6, 1997. See Publication
                           523 for more
                           information.
                           
                            
                        
                        Do not report the 2005 sale of your main home on your tax return unless:
                           
                         
                           
                              
                                 You have a gain and you do not qualify to exclude all of it, or
                                 You have a gain and you choose not to exclude it. If you have any taxable gain on the sale of your main home that cannot be excluded, report the entire gain on Schedule D (Form
                           1040). If you
                           used your home for business or to produce rental income, you may have to use Form 4797, Sales of Business Property, to report
                           the sale of the business
                           or rental part. See Publication 523 for more information.
                           
                         
                     The following items generally are excluded from taxable income. You should not report them on your return.
                        
                      Gifts and inheritances.
                                Generally, property you receive as a gift, bequest, or inheritance is not included in your income. However, if property
                        you receive this way later
                        produces income such as interest, dividends, or rents, that income is taxable to you. If property is given to a trust and
                        the income from it is paid,
                        credited, or distributed to you, that income also is taxable to you. If the gift, bequest, or inheritance is the income from
                        property, that income is
                        taxable to you.
                        
                         Veterans' benefits.
                                Do not include in your income any veterans' benefits paid under any law, regulation, or administrative practice administered
                        by the Department of
                        Veterans Affairs (VA). See Publication 525.
                        
                         Public assistance.
                                Do not include in your income benefit payments from a public welfare fund, such as payments due to blindness.
                        
                         Payments from a state fund for victims of crime.
                                These payments should not be included in the victims' incomes if they are in the nature of welfare payments. Do not
                        deduct medical expenses that
                        are reimbursed by such a fund. You must include in your income any welfare payments that are compensation for services that
                        are obtained fraudulently.
                        
                         Mortgage assistance payments.
                                Payments made under section 235 of the National Housing Act for mortgage assistance are not included in the homeowner's
                        income. Interest paid for
                        the homeowner under the mortgage assistance program cannot be deducted.
                        
                         Payments to reduce cost of winter energy use.
                                Payments made by a state to qualified people to reduce their cost of winter energy use are not taxable.
                        
                         Nutrition Program for the Elderly.
                                Food benefits you receive under the Nutrition Program for the Elderly are not taxable. If you prepare and serve free
                        meals for the program, include
                        in your income as wages the cash pay you receive, even if you also are eligible for food benefits.
                        
                         Cancellation of indebtedness because of Hurricane Katrina.
                                
                        If you were relieved of nonbusiness debt on or after August 25, 2005, and before January 1, 2007, you may not
                        have to include it in income. You must have had your main home in the Hurricane Katrina disaster area on August 25, 2005,
                        and have suffered an
                        economic loss because of Hurricane Katrina. See Publication 4492 for more information.
                        
                         Previous | First | Next Publications Index | 2005 Tax Help Archives | Tax Help Archives Main | Home |