| Publication 503 |
2008 Tax Year |
Publication 503 - Main Content
Tests To Claim the Credit
To be able to claim the credit for child and dependent care expenses, you must file Form 1040 or Form 1040A (or Form 1040NR),
not Form 1040EZ (or Form 1040NR-EZ), and meet all the following tests.
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The care must be for one or more qualifying persons who are identified on the form you use to claim the credit. (See Qualifying Person Test.)
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You (and your spouse if you are married) must have earned income during the year. (However, see Rule for student-spouse or spouse not able to care for self under Earned Income Test, later.)
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You must pay child and dependent care expenses so you (and your spouse if you are married) can work or look for work. (See
Work-Related Expense Test, later.)
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You must make payments for child and dependent care to someone you (and your spouse) cannot claim as a dependent. If you make
payments to your child, he or she cannot be your dependent and must be age 19 or older by the end of the year. You cannot
make payments to:
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Your spouse, or
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The parent of your qualifying person if your qualifying person is your child and under age 13.
(See Payments to Relatives or Dependents under Work-Related Expense Test, later.)
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Your filing status must be single, head of household, qualifying widow(er) with dependent child, or married filing jointly.
You must file a joint return if you are married, unless an exception applies to you. See Joint Return Test, later.
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You must identify the care provider on your tax return. (See Provider Identification Test, later.)
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If you exclude or deduct dependent care benefits provided by a dependent care benefit plan, the total amount you exclude or
deduct must be less than the dollar limit for qualifying expenses (generally, $3,000 if one qualifying person was cared for,
or $6,000 if two or more qualifying persons were cared for). (If two or more qualifying persons were cared for, the amount
you exclude or deduct will always be less than the dollar limit, since the total amount you can exclude or deduct is limited
to $5,000. See Reduced Dollar Limit under How To Figure the Credit, later.)
These tests are presented in Figure A and are also explained in detail in this publication.
Your child and dependent care expenses must be for the care of one or more qualifying persons.
A qualifying person is:
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Your qualifying child who is your dependent and who was under age 13 when the care was provided (but see Note later),
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Your spouse who was not physically or mentally able to care for himself or herself and lived with you for more than half the
year, or
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A person who was not physically or mentally able to care for himself or herself, lived with you for more than half the year,
and either:
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Was your dependent, or
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Would have been your dependent except that:
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He or she received gross income of $3,500 or more,
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He or she filed a joint return, or
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You, or your spouse if filing jointly, could be claimed as a dependent on someone else's 2008 return.
Special rules may apply for people who had to relocate because of the Midwestern storms, tornadoes, or flooding. For details,
see Pub. 4492-B.
Note.
If you are divorced or separated, see Child of divorced or separated parents or parents living apart, later, to determine which parent may treat the child as a qualifying person.
Dependent defined.
A dependent is a person, other than you or your spouse, for whom you can claim an exemption. To be your dependent,
a person must be your qualifying child (or your qualifying relative).
Qualifying child.
To be your qualifying child, a child must live with you for more than half the year and meet other requirements.
More information.
For more information about who is a dependent or a qualifying child, see Publication 501.
Physically or mentally not able to care for oneself.
Persons who cannot dress, clean, or feed themselves because of physical or mental problems are considered not able
to care for themselves. Also, persons who must have constant attention to prevent them from injuring themselves or others
are considered not able to care for themselves.
Person qualifying for part of year.
You determine a person's qualifying status each day. For example, if the person for whom you pay child and dependent
care expenses no longer qualifies on September 16, count only those expenses through September 15. Also see Yearly limit under Dollar Limit, later.
Birth or death of otherwise qualifying person.
In determining whether a person is a qualifying person, a person who was born or died in 2008 is treated as having
lived with you for all of 2008 if your home was the person's home the entire time he or she was alive in 2008.
Taxpayer identification number.
You must include on your return the name and taxpayer identification number (generally the social security number)
of the qualifying person(s). If the correct information is not shown, the credit may be reduced or disallowed.
Individual taxpayer identification number (ITIN) for aliens.
If your qualifying person is a nonresident or resident alien who does not have and cannot get a social security number
(SSN), use that person's ITIN. The ITIN is entered wherever an SSN is requested on a tax return. If the alien does not have
an ITIN, he or she must apply for one. See Form W-7, Application for IRS Individual Taxpayer Identification Number, for details.
An ITIN is for tax use only. It does not entitle the holder to social security benefits or change the holder's employment
or immigration status under U.S. law.
Adoption taxpayer identification number (ATIN).
If your qualifying person is a child who was placed in your home for adoption and for whom you do not have an SSN,
you must get an ATIN for the child. File Form W-7A, Application for Taxpayer Identification Number for Pending U.S. Adoptions.
Child of divorced or separated parents or parents living apart.
Even if you cannot claim your child as a dependent, he or she is treated as your qualifying person if:
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The child was under age 13 or was not physically or mentally able to care for himself or herself,
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The child received over half of his or her support during the calendar year from one or both parents who are divorced or legally
separated under a decree of divorce or separate maintenance, are separated under a written separation agreement, or lived
apart at all times during the last 6 months of the calendar year,
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The child was in the custody of one or both parents for more than half the year, and
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You were the child's custodial parent (the parent with whom the child lived for the greater part of 2008).
The noncustodial parent cannot treat the child as a qualifying person even if that parent is entitled to claim the child as
a dependent under the special rules for a child of divorced or separated parents.
To claim the credit, you (and your spouse if you are married) must have earned income during the year.
Earned income.
Earned income includes wages, salaries, tips, other taxable employee compensation, and net earnings from self-employment.
A net loss from self-employment reduces earned income. Earned income also includes strike benefits and any disability pay
you report as wages.
Generally, only taxable compensation is included. However, you can elect to include nontaxable combat pay in earned
income. If you are filing a joint return and both you and your spouse received nontaxable combat pay, you can each make your
own election. Including this income will give you a larger credit only if your (or your spouse's) other earned income is less
than the amount entered on line 3 of Form 2441 or Schedule 2 (Form 1040A). You should figure your credit both ways and make
the election if it gives you a greater tax benefit.
You can choose to include your nontaxable combat pay in earned income when figuring your credit for child and dependent care
expenses, even if you choose not to include it in earned income for the earned income credit or the exclusion or deduction
for dependent care benefits.
Members of certain religious faiths opposed to social security.
This section is for persons who are members of certain religious faiths that are opposed to participation in Social
Security Act programs and have an IRS-approved form that exempts certain income from social security and Medicare taxes. These
forms are:
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Form 4361, Application for Exemption From Self-Employment Tax for Use by Ministers, Members of Religious Orders and Christian
Science Practitioners, and
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Form 4029, Application for Exemption From Social Security and Medicare Taxes and Waiver of Benefits, for use by members of
recognized religious groups.
Each form is discussed in this section in terms of what is or is not earned income for purposes of the child and dependent
care credit. For information on the use of these forms, see Publication 517, Social Security and Other Information for Members
of the Clergy and Religious Workers.
Form 4361.
Whether or not you have an approved Form 4361, amounts you received for performing ministerial duties as an employee
are earned income. This includes wages, salaries, tips, and other taxable employee compensation.
However, amounts you received for ministerial duties, but not as an employee, do not count as earned income. Examples
include fees for performing marriages and honoraria for delivering speeches.
Any amount you received for work that is not related to your ministerial duties is earned income.
Form 4029.
Whether or not you have an approved Form 4029, all wages, salaries, tips, and other taxable employee compensation
are earned income.
However, amounts you received as a self-employed individual do not count as earned income.
What is not earned income?
Earned income does not include:
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Pensions and annuities,
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Social security and railroad retirement benefits,
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Workers' compensation,
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Interest and dividends,
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Unemployment compensation,
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Scholarships or fellowship grants, except for those reported on Form W-2 and paid to you for teaching or other services,
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Nontaxable workfare payments,
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Child support payments,
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Income of a nonresident alien that is not effectively connected with a U.S. trade or business, or
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Any amount received for work while an inmate in a penal institution.
Rule for student-spouse or spouse not able to care for self.
Your spouse is treated as having earned income for any month that he or she is:
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A full-time student, or
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Physically or mentally not able to care for himself or herself. (Your spouse also must live with you for more than half the
year.)
Figure the earned income of the nonworking spouse, described under (1) or (2) above, as shown under Earned Income Limit under How To Figure the Credit, later.
This rule applies to only one spouse for any one month. If, in the same month, both you and your spouse do not work
and are either full-time students or not physically or mentally able to care for yourselves, only one of you can be treated
as having earned income in that month.
Full-time student.
You are a full-time student if you are enrolled at a school for the number of hours or classes that the school considers full
time. You must have been a full-time student for some part of each of 5 calendar months during the year. (The months need
not be consecutive.)
School.
The term “ school” includes high schools, colleges, universities, and technical, trade, and mechanical schools. A school does not include an
on-the-job training course, correspondence school, or school offering courses only through the Internet.
Special rules may apply for people who had to relocate because of the Midwestern storms, tornadoes, or flooding. For details,
see Pub. 4492-B.
Work-Related Expense Test
Child and dependent care expenses must be work-related to qualify for the credit. Expenses are considered work-related only
if both of the following are true.
Working or Looking for Work
To be work-related, your expenses must allow you to work or look for work. If you are married, generally both you and your
spouse must work or look for work. Your spouse is treated as working during any month he or she is a full-time student or
is not physically or mentally able to care for himself or herself.
Your work can be for others or in your own business or partnership. It can be either full time or part time.
Work also includes actively looking for work. However, if you do not find a job and have no earned income for the year, you
cannot take this credit. See Earned Income Test, earlier.
An expense is not considered work-related merely because you had it while you were working. The purpose of the expense must
be to allow you to work. Whether your expenses allow you to work or look for work depends on the facts.
Example 1.
The cost of a babysitter while you and your spouse go out to eat is not normally a work-related expense.
Example 2.
You work during the day. Your spouse works at night and sleeps during the day. You pay for care of your 5-year-old child
during the hours when you are working and your spouse is sleeping. Your expenses are considered work-related.
Volunteer work.
For this purpose, you are not considered to be working if you do unpaid volunteer work or volunteer work for a nominal
salary.
Work for part of year.
If you work or actively look for work during only part of the period covered by the expenses, then you must figure
your expenses for each day. For example, if you work all year and pay care expenses of $250 a month ($3,000 for the year),
all the expenses are work related. However, if you work or look for work for only 2 months and 15 days during the year and
pay expenses of $250 a month, your work-related expenses are limited to $625 (2½ months × $250).
Temporary absence from work.
You do not have to figure your expenses for each day during a short, temporary absence from work, such as for vacation
or a minor illness, if you have to pay for care anyway. Instead, you can figure your credit including the expenses you paid
for the period of absence.
An absence of 2 weeks or less is a short, temporary absence. An absence of more than 2 weeks may be considered a short,
temporary absence, depending on the circumstances.
Example.
You pay a nanny to care for your 2-year-old son and 4-year-old daughter so you can work. You become ill and miss 4 months
of work but receive sick pay. You continue to pay the nanny to care for the children while you are ill. Your absence is not
a short, temporary absence, and your expenses are not considered work-related.
Part-time work.
If you work part-time, you generally must figure your expenses for each day. However, if you have to pay for care
weekly, monthly, or in another way that includes both days worked and days not worked, you can figure your credit including
the expenses you paid for days you did not work. Any day when you work at least 1 hour is a day of work.
Example 1.
You work 3 days a week. While you work, your 6-year-old child attends a dependent care center, which complies with all state
and local regulations. You can pay the center $150 for any 3 days a week or $250 for 5 days a week. Your child attends the
center 5 days a week. Your work-related expenses are limited to $150 a week.
Example 2.
The facts are the same as in Example 1 except the center does not offer a 3-day option. The entire $250 weekly fee may be a work-related expense.
Care of a Qualifying Person
To be work-related, your expenses must be to provide care for a qualifying person.
You do not have to choose the least expensive way of providing the care. The cost of a paid care provider may be an expense
for the care of a qualifying person even if another care provider is available at no cost.
Expenses are for the care of a qualifying person only if their main purpose is the person's well-being and protection.
Expenses for household services qualify if part of the services is for the care of qualifying persons. See Household Services, later.
Expenses not for care.
Expenses for care do not include amounts you pay for food, lodging, clothing, education, and entertainment. However,
you can include small amounts paid for these items if they are incident to and cannot be separated from the cost of caring
for the qualifying person. Otherwise, see the discussion of Expenses partly work-related, later.
Education.
Expenses for a child in nursery school, pre-school, or similar programs for children below the level of kindergarten
are expenses for care.
Expenses to attend kindergarten or a higher grade are not expenses for care. Do not use these expenses to figure your
credit.
However, expenses for before- or after-school care of a child in kindergarten or a higher grade may be expenses for
care.
Summer school and tutoring programs are not for care.
Example 1.
You take your 3-year-old child to a nursery school that provides lunch and a few educational activities as part of its preschool
childcare service. The lunch and educational activities are incident to the childcare, and their cost cannot be separated
from the cost of care. You can count the total cost when you figure the credit.
Example 2.
You place your 10-year-old child in a boarding school so you can work full time. Only the part of the boarding school expense
that is for the care of your child is a work-related expense. You can count that part of the expense in figuring your credit
if it can be separated from the cost of education. You cannot count any part of the amount you pay the school for your child's
education.
Care outside your home.
You can count the cost of care provided outside your home if the care is for your dependent under age 13, or any other
qualifying person who regularly spends at least 8 hours each day in your home.
Dependent care center.
You can count care provided outside your home by a dependent care center only if the center complies with all state
and local regulations, if any, that apply to these centers.
A dependent care center is a place that provides care for more than six persons (other than persons who live there)
and receives a fee, payment, or grant for providing services for any of those persons, even if the center is not run for profit.
Camp.
The cost of sending your child to an overnight camp is not considered a work-related expense.
The cost of sending your child to a day camp may be a work-related expense, even if the camp specializes in a particular
activity, such as computers or soccer.
Transportation.
If a care provider takes a qualifying person to or from a place where care is provided, that transportation is for
the care of the qualifying person. This includes transportation by bus, subway, taxi, or private car. However, transportation
not provided by a care provider is not for the care of a qualifying person. Also, if you pay the transportation cost for the
care provider to come to your home, that expense is not for care of a qualifying person.
Fees and deposits.
Fees you paid to an agency to get the services of a care provider, deposits you paid to an agency or pre-school, application
fees, and other indirect expenses are work-related expenses if you have to pay them to get care, even though they are not
directly for care. However, a forfeited deposit is not for the care of a qualifying person if care is not provided.
Example 1.
You paid a fee to an agency to get the services of the nanny who cares for your 2-year-old daughter while you work. The fee
you paid is a work-related expense.
Example 2.
You placed a deposit with a pre-school to reserve a place for your 3-year-old child. You later sent your child to a different
pre-school and forfeited the deposit. The forfeited deposit is not for care and so is not a work-related expense.
Expenses you pay for household services meet the work-related expense test if they are at least partly for the well-being
and protection of a qualifying person.
Definition.
Household services are ordinary and usual services done in and around your home that are necessary to run your home.
They include the services of a housekeeper, maid, or cook. However, they do not include the services of a chauffeur, bartender,
or gardener.
Housekeeper.
In this publication, the term housekeeper refers to any household employee whose services include the care of a qualifying
person.
Expenses partly work-related.
If part of an expense is work-related (for either household services or the care of a qualifying person) and part
is for other purposes, you have to divide the expense. To figure your credit, count only the part that is work-related. However,
you do not have to divide the expense if only a small part is for other purposes.
Example.
You pay a housekeeper to care for your 9-year-old and 15-year-old children so you can work. The housekeeper spends most of
the time doing normal household work and spends 30 minutes a day driving you to and from work. You do not have to divide the
expenses. You can treat the entire expense of the housekeeper as work-related because the time spent driving is minimal. Nor
do you have to divide the expenses between the two children, even though the expenses are partly for the 15-year-old child
who is not a qualifying person, because the expense is also partly for the care of your 9-year-old child, who is a qualifying
person. However, the dollar limit (discussed later) is based on one qualifying person, not two.
Meals and lodging provided for housekeeper.
If you have expenses for meals that your housekeeper eats in your home because of his or her employment, count these
as work-related expenses. If you have extra expenses for providing lodging in your home to the housekeeper, count these as
work-related expenses also.
Example.
To provide lodging to the housekeeper, you move to an apartment with an extra bedroom. You can count the extra rent and utility
expenses for the housekeeper's bedroom as work-related. However, if your housekeeper moves into an existing bedroom in your
home, you can count only the extra utility expenses as work-related.
Taxes paid on wages.
The taxes you pay on wages for qualifying child and dependent care services are work-related expenses. For more information
on a household employer's tax responsibilities, see Employment Taxes for Household Employers, later.
Payments to Relatives or Dependents
You can count work-related payments you make to relatives who are not your dependents, even if they live in your home. However,
do not count any amounts you pay to:
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A dependent for whom you (or your spouse if you are married) can claim an exemption,
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Your child who was under age 19 at the end of the year, even if he or she is not your dependent,
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A person who was your spouse any time during the year, or
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The parent of your qualifying person if your qualifying person is your child and under age 13.
Generally, married couples must file a joint return to take the credit. However, if you are legally separated or living apart
from your spouse, you may be able to file a separate return and still take the credit.
Legally separated.
You are not considered married if you are legally separated from your spouse under a decree of divorce or separate
maintenance. You are eligible to take the credit on a separate return.
Married and living apart.
You are not considered married and are eligible to take the credit if all the following apply.
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You file a separate return.
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Your home is the home of a qualifying person for more than half the year.
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You pay more than half the cost of keeping up your home for the year.
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Your spouse does not live in your home for the last 6 months of the year.
Costs of keeping up a home.
The costs of keeping up a home normally include property taxes, mortgage interest, rent, utility charges, home repairs,
insurance on the home, and food eaten at home.
The costs of keeping up a home do not include payments for clothing, education, medical treatment, vacations, life
insurance, transportation, or mortgage principal.
They also do not include the purchase, permanent improvement, or replacement of property. For example, you cannot
include the cost of replacing a water heater. However, you can include the cost of repairing a water heater.
Death of spouse.
If your spouse died during the year and you do not remarry before the end of the year, you generally must file a joint
return to take the credit. If you do remarry before the end of the year, the credit can be claimed on your deceased spouse's
separate return.
Provider Identification Test
You must identify all persons or organizations that provide care for your child or dependent. Use Part I of Form 2441 or Schedule
2 (Form 1040A) to show the information.
Information needed.
To identify the care provider, you must give the provider's:
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Name,
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Address, and
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Taxpayer identification number.
If the care provider is an individual, the taxpayer identification number is his or her social security number or individual
taxpayer identification number. If the care provider is an organization, then it is the employer identification number (EIN).
You do not have to show the taxpayer identification number if the care provider is one of certain tax-exempt organizations
(such as a church or school). In this case, enter “ Tax-Exempt” in the space where the tax form calls for the number.
If you cannot provide all of the information or the information is incorrect, you must be able to show that you used
due diligence (discussed later) in trying to furnish the necessary information.
Getting the information.
You can use Form W-10, Dependent Care Provider's Identification and Certification, to request the required information from
the care provider. If you do not use Form W-10, you can get the information from one of the other sources listed in the instructions
for Form W-10, including:
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A copy of the provider's social security card,
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A copy of the provider's completed Form W-4, Employee's Withholding Allowance Certificate, if he or she is your household
employee,
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A copy of the statement furnished by your employer if the provider is your employer's dependent care plan, or
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A letter or invoice from the provider if it shows the necessary information.
You should keep this information with your tax records. Do not send Form W-10 (or other document containing this information)
to the Internal Revenue Service.
Due diligence.
If the care provider information you give is incorrect or incomplete, your credit may not be allowed. However, if
you can show that you used due diligence in trying to supply the information, you can still claim the credit.
You can show due diligence by getting and keeping the provider's completed Form W-10 or one of the other sources of
information listed earlier. Care providers can be penalized if they do not provide this information to you or if they provide
incorrect information.
Provider refusal.
If the provider refuses to give you the identifying information, you should report whatever information you have (such as
the name and address) on the form you use to claim the credit. Enter “ See Attached Statement” in the columns calling for the information you do not have. Then attach a statement explaining that you requested the information
from the care provider, but the provider did not give you the information. Be sure to enter your name and social security
number on this statement. The statement will show that you used due diligence in trying to furnish the necessary information.
U.S. citizens and resident aliens living abroad.
If you are living abroad, your care provider may not have or be required to get a U.S. taxpayer identification number
(for example, an SSN or an EIN). If so, enter “ LAFCP” (Living Abroad Foreign Care Provider) in the space for the care provider's identification number.
Your credit is a percentage of your work-related expenses. Your expenses are subject to the earned income limit and the dollar
limit. The percentage is based on your adjusted gross income.
Figuring Total Work-Related Expenses
To figure the credit for 2008 work-related expenses, count only those you paid by December 31, 2008.
Expenses prepaid in an earlier year.
If you pay for services before they are provided, you can count the prepaid expenses only in the year the care is
received. Claim the expenses for the later year as if they were actually paid in that later year.
Expenses not paid until the following year.
Do not count 2007 expenses that you paid in 2008 as work-related expenses for 2008. You may be able to claim an additional
credit for them on your 2008 return, but you must figure it separately. See Payments for previous year's expenses under Amount of Credit, later.
If you had expenses in 2008 that you did not pay until 2009, you cannot count them when figuring your 2008 credit. You may
be able to claim a credit for them on your 2009 return.
Expenses reimbursed.
If a state social services agency pays you a nontaxable amount to reimburse you for some of your child and dependent
care expenses, you cannot count the expenses that are reimbursed as work-related expenses.
Example.
You paid work-related expenses of $3,000. You are reimbursed $2,000 by a state social services agency. You can use only $1,000
to figure your credit.
Medical expenses.
Some expenses for the care of qualifying persons who are not able to care for themselves may qualify as work-related
expenses and also as medical expenses. You can use them either way, but you cannot use the same expenses to claim both a credit
and a medical expense deduction.
If you use these expenses to figure the credit and they are more than the earned income limit or the dollar limit,
discussed later, you can add the excess to your medical expenses. However, if you use your total expenses to figure your medical
expense deduction, you cannot use any part of them to figure your credit. For information on medical expenses, see Publication
502, Medical and Dental Expenses.
Amounts excluded from your income under your employer's dependent care benefits plan cannot be used to claim a medical expense
deduction.
If you receive dependent care benefits, your dollar limit for purposes of the credit may be reduced. See Reduced Dollar Limit, later. But, even if you cannot take the credit, you may be able to take an exclusion or deduction for the dependent care
benefits.
Dependent care benefits.
Dependent care benefits include:
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Amounts your employer paid directly to either you or your care provider for the care of your qualifying person while you work,
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The fair market value of care in a daycare facility provided or sponsored by your employer, and
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Pre-tax contributions you made under a dependent care flexible spending arrangement.
Your salary may have been reduced to pay for these benefits. If you received benefits as an employee, they should be shown
on your Form W-2, Wage and Tax Statement. See Statement for employee, later. Benefits you received as a partner should be shown in box 13 of your Schedule K-1 (Form 1065) with code O.
Enter the amount of these benefits on the first line of Part III of Form 2441.
Exclusion or deduction.
If your employer provides dependent care benefits under a qualified plan, you may be able to exclude these benefits
from your income. Your employer can tell you whether your benefit plan qualifies. To claim the exclusion, you must complete
Part III of either Form 2441 or Schedule 2 (Form 1040A). You cannot use Form 1040EZ.
If you are self-employed and receive benefits from a qualified dependent care benefit plan, you are treated as both
employer and employee. Therefore, you would not get an exclusion from wages. Instead, you would get a deduction on Form 1040,
Schedule C, line 14; Schedule E, line 18 or 28; or Schedule F, line 17. To claim the deduction, you must use Form 2441.
The amount you can exclude or deduct is limited to the smallest of:
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The total amount of dependent care benefits you received during the year,
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The total amount of qualified expenses you incurred during the year,
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Your earned income,
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Your spouse's earned income, or
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$5,000 ($2,500 if married filing separately).
Figuring earned income.
The definition of earned income for the exclusion or deduction is the same as the definition used when figuring the
credit except that:
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Earned income for the exclusion or deduction does not include any dependent care benefits you receive, and
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You can elect to include nontaxable combat pay in earned income for the exclusion or deduction even if you did not choose
to include it in earned income for the credit for child and dependent care expenses or the earned income credit.
Statement for employee.
Your employer must give you a Form W-2 (or similar statement), showing in box 10 the total amount of dependent care
benefits provided to you during the year under a qualified plan. Your employer will also include any dependent care benefits
over $5,000 in your wages shown on your Form W-2 in box 1.
Effect of exclusion.
If you exclude dependent care benefits from your income, the amount of the excluded benefits:
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Is not included in your work-related expenses, and
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Reduces the dollar limit, discussed later.
The amount of work-related expenses you use to figure your credit cannot be more than:
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Your earned income for the year, if you are single at the end of the year, or
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The smaller of your or your spouse's earned income for the year, if you are married at the end of the year.
Earned income for the purposes of figuring the credit is defined under Earned Income Test, earlier.
For purposes of item (2), use your spouse's earned income for the entire year, even if you were married for only part of the
year.
Example.
You remarried on December 3. Your earned income for the year was $18,000. Your new spouse's earned income for the year was
$2,000. You paid work-related expenses of $3,000 for the care of your 5-year-old child and qualified to claim the credit.
The amount of expenses you use to figure your credit cannot be more than $2,000 (the smaller of your earned income or that
of your spouse).
Separated spouse.
If you are legally separated or married and living apart from your spouse (as described under Joint Return Test, earlier), you are not considered married for purposes of the earned income limit. Use only your income in figuring the earned
income limit.
Surviving spouse.
If your spouse died during the year and you file a joint return as a surviving spouse, you are not considered married
for purposes of the earned income limit. Use only your income in figuring the earned income limit.
Community property laws.
Disregard community property laws when you figure earned income for this credit.
Self-employment earnings.
If you are self-employed, include your net earnings in earned income. For purposes of the child and dependent care
credit, net earnings from self-employment generally means the amount from Schedule SE (either Section A or Section B), line
3, minus any deduction for self-employment tax on Form 1040, line 27. Include your self-employment earnings in earned income,
even if they are less than $400 and you did not file Schedule SE.
Clergy or church employee.
If you are a member of the clergy or a church employee, see the instructions for Form 2441 for details.
Statutory employee.
If you filed Schedule C or C-EZ to report income as a statutory employee, also include as earned income the amount
from line 1 of that Schedule C or C-EZ.
Net loss.
You must reduce your earned income by any net loss from self-employment.
Optional method if earnings are low or a net loss.
If your net earnings from self-employment are low or you have a net loss, you may be able to figure your net earnings
by using an optional method instead of the regular method. Get Publication 334, Tax Guide for Small Business, for details.
If you use an optional method to figure net earnings for self-employment tax purposes, include those net earnings in your
earned income for this credit. In this case, subtract any deduction you claimed on Form 1040, line 27, from the total of the
amounts on Schedule SE, Section B, lines 3 and 4b, to figure your net earnings.
Student-spouse or spouse not able to care for self.
Your spouse who is either a full-time student or not able to care for himself or herself is treated as having earned
income. His or her earned income for each month is considered to be at least $250 if there is one qualifying person in your
home, or at least $500 if there are two or more.
Spouse works.
If your spouse works during that month, use the higher of $250 (or $500) or his or her actual earned income for that
month.
Spouse qualifies for part of month.
If your spouse is a full-time student or not able to care for himself or herself for only part of a month, the full
$250 (or $500) still applies for that month.
Both spouses qualify.
If, in the same month, both you and your spouse are either full-time students or not able to care for yourselves,
only one spouse can be considered to have this earned income of $250 (or $500) for that month.
Example.
Jim works and keeps up a home for himself and his wife Sharon. Because of an accident, Sharon is not able to care for herself
for 11 months during the tax year.
During the 11 months, Jim pays $3,300 of work-related expenses for Sharon's care. These expenses also qualify as medical expenses.
Their adjusted gross income is $29,000 and the entire amount is Jim's earned income.
Jim and Sharon's earned income limit is the smallest of the following amounts.
Jim and Sharon can use $2,750 to figure the credit and treat the balance of $550 ($3,300 − $2,750) as a medical expense. However,
if they use the $3,300 first as a medical expense, they cannot use any part of that amount to figure the credit.
There is a dollar limit on the amount of your work-related expenses you can use to figure the credit. This limit is $3,000
for one qualifying person, or $6,000 for two or more qualifying persons.
If you paid work-related expenses for the care of two or more qualifying persons, the $6,000 limit does not need to be divided
equally among them. For example, if your work-related expenses for the care of one qualifying person are $3,200 and your work-related
expenses for another qualifying person are $2,800, you can use the total, $6,000, when figuring the credit.
Yearly limit.
The dollar limit is a yearly limit. The amount of the dollar limit remains the same no matter how long, during the
year, you have a qualifying person in your household. Use the $3,000 limit if you paid work-related expenses for the care
of one qualifying person at any time during the year. Use $6,000 if you paid work-related expenses for the care of more than
one qualifying person at any time during the year.
Example 1.
You pay $500 a month for after-school care for your son. He turned 13 on May 1 and is no longer a qualifying person. You
can use the $2,000 of expenses for his care January through April to figure your credit because it is not more than the $3,000
yearly limit.
Example 2.
In July of this year, to permit your spouse to begin a new job, you enrolled your 3-year-old daughter in a nursery school
that provides preschool childcare. You paid $300 per month for the childcare. You can use the full $1,800 you paid ($300 ×
6 months) as qualified expenses because it is not more than the $3,000 yearly limit.
If you received dependent care benefits that you exclude or deduct from your income, you must subtract that amount from the
dollar limit that applies to you. Your reduced dollar limit is figured in Part III of Form 2441 or Schedule 2 (Form 1040A).
See Dependent Care Benefits, earlier, for information on excluding or deducting these benefits.
Example.
George is a widower with one child and earns $24,000 a year. He pays work-related expenses of $2,900 for the care of his 4-year-old
child and qualifies to claim the credit for child and dependent care expenses. His employer pays an additional $1,000 under
a qualified dependent care benefit plan. This $1,000 is excluded from George's income.
Although the dollar limit for his work-related expenses is $3,000 (one qualifying person), George figures his credit on only
$2,000 of the $2,900 work-related expenses he paid. This is because his dollar limit is reduced as shown next.
To determine the amount of your credit, multiply your work-related expenses (after applying the earned income and dollar limits)
by a percentage. This percentage depends on your adjusted gross income shown on Form 1040, line 38; Form 1040A, line 22; or
Form 1040NR, line 36. The following table shows the percentage to use based on adjusted gross income.
Payments for previous year's expenses.
If you had work-related expenses in 2007 that you paid in 2008, you may be able to increase the credit on your 2008
return. Attach a statement to your form showing how you figured the additional amount from 2007. Then enter “ CPYE” and the amount of the credit on the dotted line next to line 9 on Form 2441 or in the space to the left of line 9 on Schedule
2 (Form 1040A). Also enter the name and taxpayer identification number of the person for whom you paid the prior year's expenses.
Then add this credit to the amount on line 9, and replace the amount on line 9 with the total.
Example.
In 2007, Sam and Kate had childcare expenses of $2,600 for their 12-year-old child. Of the $2,600, they paid $2,000 in 2007
and $600 in 2008. Their adjusted gross income for 2007 was $30,000. Sam's earned income of $14,000 was less than Kate's earned
income. A credit for their 2007 expenses paid in 2008 is not allowed in 2007. It is allowed for the 2008 tax year, but they
must use their adjusted gross income for 2007 to compute the amount. The worksheet they used to figure this credit is shown
on page 15.
Sam and Kate add the $162 from line 13 of this worksheet to their 2008 credit and enter the total on their Schedule 2 (Form
1040A), line 9. They enter “CPYE $162” and their child's name and SSN in the space to the left of line 9.
To claim the credit, you can file Form 1040, Form 1040A, or Form 1040NR. You cannot claim the credit on Form 1040EZ or Form
1040NR-EZ.
Form 1040 or Form 1040NR.
You must complete Form 2441 and attach it to your Form 1040 or Form 1040NR. Enter the credit on your Form 1040, line 48, or
Form 1040NR, line 45.
Form 1040A.
You must complete Schedule 2 (Form 1040A) and attach it to your Form 1040A. Enter the credit on Form 1040A, line 29.
Limit on credit.
The amount of credit you can claim is limited to your regular tax (after reduction by any allowable foreign tax credit) plus
your alternative minimum tax, if any.
Tax credit not refundable.
You cannot get a refund for any part of the credit that is more than this limit.
Recordkeeping. You should keep records of your work-related expenses. Also, if your dependent or spouse is not able to care for himself
or herself, your records should show both the nature and length of the disability. Other records you should keep to support
your claim for the credit are described under Provider Identification Test, earlier.
Employment Taxes for Household Employers
If you pay someone to come to your home and care for your dependent or spouse, you may be a household employer. If you are
a household employer, you will need an employer identification number (EIN) and you may have to pay employment taxes. If the
individuals who work in your home are self-employed, you are not liable for any of the taxes discussed in this section. Self-employed
persons who are in business for themselves are not household employees. Usually, you are not a household employer if the person
who cares for your dependent or spouse does so at his or her home or place of business.
If you use a placement agency that exercises control over what work is done and how it will be done by a babysitter or companion
who works in your home, the worker is not your employee. This control could include providing rules of conduct and appearance
and requiring regular reports. In this case, you do not have to pay employment taxes. But, if an agency merely gives you a
list of sitters and you hire one from that list, and pay the sitter directly, the sitter may be your employee.
If you have a household employee, you may be subject to:
-
Social security and Medicare taxes,
-
Federal unemployment tax, and
-
Federal income tax withholding.
Social security and Medicare taxes are generally withheld from the employee's pay and matched by the employer. Federal unemployment
(FUTA) tax is paid by the employer only and provides for payments of unemployment compensation to workers who have lost their
jobs. Federal income tax is withheld from the employee's total pay if the employee asks you to do so and you agree.
For more information on a household employer's tax responsibilities, see Publication 926 and Schedule H (Form 1040) and its
instructions.
State employment tax.
You may also have to pay state unemployment tax. Contact your state unemployment tax office for information. You should
also find out whether you need to pay or collect other state employment taxes or carry worker's compensation insurance. A
list of state unemployment tax agencies, including addresses and phone numbers, is in Publication 926.
Worksheet A.Worksheet for 2007 Expenses Paid in 2008
|
Use this worksheet to figure the credit you may claim for 2007 expenses paid in 2008.
|
| 1. |
|
Enter your 2007 qualified expenses paid in 2007 |
1. |
|
|
| 2. |
|
Enter your 2007 qualified expenses paid in 2008 |
2. |
|
|
| 3. |
|
Add the amounts on lines 1 and 2 |
3. |
|
|
| 4. |
|
Enter $3,000 if care was for one qualifying person ($6,000 if for two or more) |
4. |
|
|
| 5. |
|
Enter any dependent care benefits received for 2007 and excluded from your income (from your 2007 Form 2441, line 27, or 2007
Schedule 2 (Form 1040A), line 21.)
|
5. |
|
|
| 6. |
|
Subtract the amount on line 5 from the amount on line 4 and enter the result |
6. |
|
|
| 7. |
|
Compare your earned income for 2007 and your spouse's earned income for 2007 and enter the smaller amount |
7. |
|
|
| 8. |
|
Compare the amounts on lines 3, 6, and 7 and enter the smallest amount |
8. |
|
|
| 9. |
|
Enter the amount on which you figured the credit for 2007 (from line 6 of your 2007 Form 2441 or Schedule 2 (Form 1040A)). |
9. |
|
|
| 10. |
|
Subtract the amount on line 9 from the amount on line 8 and enter the result. If zero or less, stop here. You cannot increase
your credit by any previous year's expenses
|
10. |
|
|
| 11. |
|
Enter your 2007 adjusted gross income (from your 2007 Form 1040, line 38, Form 1040A, line 22, or Form 1040NR, line 36). |
11. |
|
|
| 12. |
|
Find your 2007 adjusted gross income in the table below and enter the corresponding decimal amount here |
12. |
|
|
| |
| |
|
|
IF your 2007 adjusted gross income is:
|
|
THEN the decimal
|
|
|
|
|
| |
|
|
|
Over:
|
|
But not over:
|
|
|
amount is:
|
|
|
|
|
| |
|
|
|
$0 |
— |
$15,000 |
|
|
.35 |
|
|
|
|
| |
|
|
|
15,000 |
— |
17,000 |
|
|
.34 |
|
|
|
|
| |
|
|
|
17,000 |
— |
19,000 |
|
|
.33 |
|
|
|
|
| |
|
|
|
19,000 |
— |
21,000 |
|
|
.32 |
|
|
|
|
| |
|
|
|
21,000 |
— |
23,000 |
|
|
.31 |
|
|
|
|
| |
|
|
|
23,000 |
— |
25,000 |
|
|
.30 |
|
|
|
|
| |
|
|
|
25,000 |
— |
27,000 |
|
|
.29 |
|
|
|
|
| |
|
|
|
27,000 |
— |
29,000 |
|
|
.28 |
|
|
|
|
| |
|
|
|
29,000 |
— |
31,000 |
|
|
.27 |
|
|
|
|
| |
|
|
|
31,000 |
— |
33,000 |
|
|
.26 |
|
|
|
|
| |
|
|
|
33,000 |
— |
35,000 |
|
|
.25 |
|
|
|
|
| |
|
|
|
35,000 |
— |
37,000 |
|
|
.24 |
|
|
|
|
| |
|
|
|
37,000 |
— |
39,000 |
|
|
.23 |
|
|
|
|
| |
|
|
|
39,000 |
— |
41,000 |
|
|
.22 |
|
|
|
|
| |
|
|
|
41,000 |
— |
43,000 |
|
|
.21 |
|
|
|
|
| |
|
|
|
43,000 |
— |
No limit |
|
|
.20 |
|
|
|
|
| |
| 13. |
|
Multiply line 10 by line 12. Add this amount to your 2008 credit and enter the total on line 9 of your 2008 Form 2441 or Schedule
2 (Form 1040A). Enter the following on the dotted line
next to line 9 of Form 2441 or in the space to the left of line 9 on Schedule 2 (Form 1040A):
Also, attach a statement to your tax return showing the name and taxpayer identification number of the person for whom you
paid the prior year's expenses and how you figured the credit.
|
13. |
|
|
| |
Worksheet A.Filled-in Worksheet for 2007 Expenses Paid in 2008
|
Use this worksheet to figure the credit you may claim for 2007 expenses paid in 2008.
|
| 1. |
|
Enter your 2007 qualified expenses paid in 2007 |
1. |
|
$2,000 |
| 2. |
|
Enter your 2007 qualified expenses paid in 2008 |
2. |
|
600 |
| 3. |
|
Add the amounts on lines 1 and 2 |
3. |
|
2,600 |
| 4. |
|
Enter $3,000 if care was for one qualifying person ($6,000 if for two or more) |
4. |
|
3,000 |
| 5. |
|
Enter any dependent care benefits received for 2007 and excluded from your income (from 2007 Form 2441, line 27, or 2007 Schedule
2 (Form 1040A), line 21)
|
5. |
|
0 |
| 6. |
|
Subtract the amount on line 5 from the amount on line 4 and enter the result |
6. |
|
3,000 |
| 7. |
|
Compare your earned income for 2007 and your spouse's earned income for 2007 and enter the smaller amount |
7. |
|
14,000 |
| 8. |
|
Compare the amounts on lines 3, 6, and 7 and enter the smallest amount |
8. |
|
2,600 |
| 9. |
|
Enter the amount on which you figured the credit for 2007 (from line 6 of your 2007 Form 2441 or Schedule 2 (Form 1040A)) |
9. |
|
2,000 |
| 10. |
|
Subtract the amount on line 9 from the amount on line 8 and enter the result. If zero or less, stop here. You cannot increase
your credit by any previous year's expenses
|
10. |
|
600 |
| 11. |
|
Enter your 2007 adjusted gross income (from your 2007 Form 1040, line 38, Form 1040A, line 22, or Form 1040NR, line 36) |
11. |
|
30,000 |
| 12. |
|
Find your 2007 adjusted gross income in the table below and enter the corresponding decimal amount here |
12. |
|
.27 |
| |
| |
|
|
IF your 2007 adjusted gross income is:
|
|
THEN the decimal
|
|
|
|
|
| |
|
|
|
Over
|
|
But not over
|
|
|
amount is:
|
|
|
|
|
| |
|
|
|
$0 |
— |
$15,000 |
|
|
.35 |
|
|
|
|
| |
|
|
|
15,000 |
— |
17,000 |
|
|
.34 |
|
|
|
|
| |
|
|
|
17,000 |
— |
19,000 |
|
|
.33 |
|
|
|
|
| |
|
|
|
19,000 |
— |
21,000 |
|
|
.32 |
|
|
|
|
| |
|
|
|
21,000 |
— |
23,000 |
|
|
.31 |
|
|
|
|
| |
|
|
|
23,000 |
— |
25,000 |
|
|
.30 |
|
|
|
|
| |
|
|
|
25,000 |
— |
27,000 |
|
|
.29 |
|
|
|
|
| |
|
|
|
27,000 |
— |
29,000 |
|
|
.28 |
|
|
|
|
| |
|
|
|
29,000 |
— |
31,000 |
|
|
.27 |
|
|
|
|
| |
|
|
|
31,000 |
— |
33,000 |
|
|
.26 |
|
|
|
|
| |
|
|
|
33,000 |
— |
35,000 |
|
|
.25 |
|
|
|
|
| |
|
|
|
35,000 |
— |
37,000 |
|
|
.24 |
|
|
|
|
| |
|
|
|
37,000 |
— |
39,000 |
|
|
.23 |
|
|
|
|
| |
|
|
|
39,000 |
— |
41,000 |
|
|
.22 |
|
|
|
|
| |
|
|
|
41,000 |
— |
43,000 |
|
|
.21 |
|
|
|
|
| |
|
|
|
43,000 |
— |
No limit |
|
|
.20 |
|
|
|
|
| |
| 13. |
|
Multiply line 10 by line 12. Add this amount to your 2008 credit and enter the total on line 9 of your 2008 Form 2441 or Schedule
2 (Form 1040A). Enter the following on the dotted line
next to line 9 of Form 2441 or in the space to the left of line 9 on Schedule 2 (Form 1040A):
Also, attach a statement to your tax return showing the name and taxpayer identification number
of the person for whom you paid the prior year's expenses and how you figured the credit.
|
13. |
|
$162 |
| |
The following examples show how to figure the credit for child and dependent care expenses. A filled-in page 1 of Schedule
2 (Form 1040A) that illustrates Example 1 and a filled-in Form 2441 (filed with Form 1040) that illustrates Example 2 are shown after the examples.
Example 1. Childcare — Two Children
Jerry and Ann Jones are married and keep up a home for their two preschool children, ages 2 and 4. They claim their children
as dependents and file a joint return using Form 1040A. Their adjusted gross income (AGI) is $27,500. Jerry earned $12,500
and Ann earned $15,000.
During the year, they pay work-related expenses of $3,000 for childcare for their son Daniel at a neighbor's home and $3,200
for childcare for their daughter Amy at Pine Street Nursery School.
They figure their credit on Schedule 2 as follows.
The amount of credit they can claim is limited to their tax, $261.
Example 2. Dependent Care Benefits
Joan Thomas is divorced and has two dependent children, ages 3 and 9. She works at ACME Computers. Her adjusted gross income
(AGI) is $29,000, and the entire amount is earned income.
Joan's younger child (Susan) stays at her employer's on-site childcare center while she works. The benefits from this childcare
center qualify to be excluded from her income. Her employer reports the value of this service as $3,000 for the year. This
$3,000 is shown on her Form W-2 in box 10, but is not included in taxable wages in box 1.
A neighbor cares for Joan's older child (Seth) after school, on holidays, and during the summer. She pays her neighbor $2,400
for this care.
Joan figures her credit on Form 2441 as follows.
You can get help with unresolved tax issues, order free publications and forms, ask tax questions, and get information from
the IRS in several ways. By selecting the method that is best for you, you will have quick and easy access to tax help.
Contacting your Taxpayer Advocate.
The Taxpayer Advocate Service (TAS) is an independent organization within the IRS whose employees assist taxpayers
who are experiencing economic harm, who are seeking help in resolving tax problems that have not been resolved through normal
channels, or who believe that an IRS system or procedure is not working as it should.
You can contact the TAS by calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059
to see if you are eligible for assistance. You can also call or write your local taxpayer advocate, whose phone number and
address are listed in your local telephone directory and in Publication 1546, Taxpayer Advocate Service—Your Voice at the
IRS. You can file Form 911, Request for Taxpayer Advocate Service Assistance (And Application for Taxpayer Assistance Order),
or ask an IRS employee to complete it on your behalf. For more information, go to www.irs.gov/advocate.
Low Income Taxpayer Clinics (LITCs).
LITCs are independent organizations that provide low income taxpayers with representation in federal tax controversies
with the IRS for free or for a nominal charge. The clinics also provide tax education and outreach for taxpayers who speak
English as a second language. Publication 4134, Low Income Taxpayer Clinic List, provides information on clinics in your area.
It is available at www.irs.gov or your local IRS office.
Free tax services.
To find out what services are available, get Publication 910, IRS Guide to Free Tax Services. It contains lists of
free tax information sources, including publications, services, and free tax education and assistance programs. It also has
an index of over 100 TeleTax topics (recorded tax information) you can listen to on your telephone.
Accessible versions of IRS published products are available on request in a variety of alternative formats for people
with disabilities.
Free help with your return.
Free help in preparing your return is available nationwide from IRS-trained volunteers. The Volunteer Income Tax Assistance
(VITA) program is designed to help low-income taxpayers and the Tax Counseling for the Elderly (TCE) program is designed to
assist taxpayers age 60 and older with their tax returns. Many VITA sites offer free electronic filing and all volunteers
will let you know about credits and deductions you may be entitled to claim. To find the nearest VITA or TCE site, call 1-800-829-1040.
As part of the TCE program, AARP offers the Tax-Aide counseling program. To find the nearest AARP Tax-Aide site, call
1-888-227-7669 or visit AARP's website at www.aarp.org/money/taxaide.
For more information on these programs, go to www.irs.gov and enter keyword “ VITA” in the upper right-hand corner.
Internet. You can access the IRS website at www.irs.gov 24 hours a day, 7 days a week to:
-
E-file your return. Find out about commercial tax preparation and e-file services available free to eligible taxpayers.
-
Check the status of your 2008 refund. Go to www.irs.gov and click on Where's My Refund. Wait at least 72 hours after the IRS acknowledges receipt of your e-filed return, or 3 to 4 weeks after mailing a paper
return. If you filed Form 8379 with your return, wait 14 weeks (11 weeks if you filed electronically). Have your 2008 tax
return available so you can provide your social security number, your filing status, and the exact whole dollar amount of
your refund.
-
Download forms, instructions, and publications.
-
Order IRS products online.
-
Research your tax questions online.
-
Search publications online by topic or keyword.
-
View Internal Revenue Bulletins (IRBs) published in the last few years.
-
Figure your withholding allowances using the withholding calculator online at www.irs.gov/individuals.
-
Determine if Form 6251 must be filed by using our Alternative Minimum Tax (AMT) Assistant.
-
Sign up to receive local and national tax news by email.
-
Get information on starting and operating a small business.
Phone. Many services are available by phone.
-
Ordering forms, instructions, and publications. Call 1-800-829-3676 to order current-year forms, instructions, and publications, and prior-year forms and instructions. You
should receive your order within 10 days.
-
Asking tax questions. Call the IRS with your tax questions at 1-800-829-1040.
-
Solving problems. You can get face-to-face help solving tax problems every business day in IRS Taxpayer Assistance Centers. An employee can
explain IRS letters, request adjustments to your account, or help you set up a payment plan. Call your local Taxpayer Assistance
Center for an appointment. To find the number, go to www.irs.gov/localcontacts or look in the phone book under United States Government, Internal Revenue Service.
-
TTY/TDD equipment. If you have access to TTY/TDD equipment, call 1-800-829-4059 to ask tax questions or to order forms and publications.
-
TeleTax topics. Call 1-800-829-4477 to listen to pre-recorded messages covering various tax topics.
-
Refund information. To check the status of your 2008 refund, call 1-800-829-1954 during business hours or 1-800-829-4477 (automated refund information
24 hours a day, 7 days a week). Wait at least 72 hours after the IRS acknowledges receipt of your e-filed return, or 3 to
4 weeks after mailing a paper return. If you filed Form 8379 with your return, wait 14 weeks (11 weeks if you filed electronically).
Have your 2008 tax return available so you can provide your social security number, your filing status, and the exact whole
dollar amount of your refund. Refunds are sent out weekly on Fridays. If you check the status of your refund and are not given
the date it will be issued, please wait until the next week before checking back.
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Other refund information. To check the status of a prior year refund or amended return refund, call 1-800-829-1954.Evaluating the quality of our telephone services. To ensure IRS representatives give accurate, courteous, and professional answers, we use several methods to evaluate the quality
of our telephone services. One method is for a second IRS representative to listen in on or record random telephone calls.
Another is to ask some callers to complete a short survey at the end of the call.
Walk-in. Many products and services are available on a walk-in basis.
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Products. You can walk in to many post offices, libraries, and IRS offices to pick up certain forms, instructions, and publications.
Some IRS offices, libraries, grocery stores, copy centers, city and county government offices, credit unions, and office supply
stores have a collection of products available to print from a CD or photocopy from reproducible proofs. Also, some IRS offices
and libraries have the Internal Revenue Code, regulations, Internal Revenue Bulletins, and Cumulative Bulletins available
for research purposes.
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Services. You can walk in to your local Taxpayer Assistance Center every business day for personal, face-to-face tax help. An employee
can explain IRS letters, request adjustments to your tax account, or help you set up a payment plan. If you need to resolve
a tax problem, have questions about how the tax law applies to your individual tax return, or you are more comfortable talking
with someone in person, visit your local Taxpayer Assistance Center where you can spread out your records and talk with an
IRS representative face-to-face. No appointment is necessary—just walk in. If you prefer, you can call your local Center and
leave a message requesting an appointment to resolve a tax account issue. A representative will call you back within 2 business
days to schedule an in-person appointment at your convenience. If you have an ongoing, complex tax account problem or a special
need, such as a disability, an appointment can be requested. All other issues will be handled without an appointment. To find
the number of your local office, go to
www.irs.gov/localcontacts or look in the phone book under United States Government, Internal Revenue Service.
Mail. You can send your order for forms, instructions, and publications to the address below. You should receive a response within
10 days after your request is received.
Internal Revenue Service
1201 N. Mitsubishi Motorway
Bloomington, IL 61705-6613
DVD for tax products. You can order Publication 1796, IRS Tax Products DVD, and obtain:
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Current-year forms, instructions, and publications.
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Prior-year forms, instructions, and publications.
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Tax Map: an electronic research tool and finding aid.
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Tax law frequently asked questions.
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Tax Topics from the IRS telephone response system.
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Internal Revenue Code—Title 26 of the U.S. Code.
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Fill-in, print, and save features for most tax forms.
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Internal Revenue Bulletins.
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Toll-free and email technical support.
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Two releases during the year.
– The first release will ship the beginning of January 2009.
– The final release will ship the beginning of March 2009.
Purchase the DVD from National Technical Information Service (NTIS) at www.irs.gov/cdorders for $30 (no handling fee) or call 1-877-233-6767 toll free to buy the DVD for $30 (plus a $6 handling fee). The price is
discounted to $25 for orders placed prior to December 1, 2008.
Small Business Resource Guide 2009. This online guide is a must for every small business owner or any taxpayer about to start a business. This year's guide includes:
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Helpful information, such as how to prepare a business plan, find financing for your business, and much more.
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All the business tax forms, instructions, and publications needed to successfully manage a business.
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Tax law changes for 2009.
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Tax Map: an electronic research tool and finding aid.
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Web links to various government agencies, business associations, and IRS organizations.
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“Rate the Product” survey—your opportunity to suggest changes for future editions.
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A site map of the guide to help you navigate the pages with ease.
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An interactive “Teens in Biz” module that gives practical tips for teens about starting their own business, creating a business plan, and filing taxes.
The information is updated during the year. Visit www.irs.gov and enter keyword “ SBRG” in the upper right-hand corner for more information.
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