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Publication 505 2008 Tax Year

3.   Credit for Withholding and Estimated Tax for 2007

Table of Contents

What's New for 2007

Excess social security or railroad retirement tax withholding. You can claim a credit for excess social security or tier 1 railroad retirement tax withholding for 2007 only if your total wages from two or more employers were more than $97,500.

Introduction

When you file your 2007 income tax return, take credit for all the income tax and excess social security or railroad retirement tax withheld from your salary, wages, pensions, etc. Also, take credit for the estimated tax you paid for 2007. These credits are subtracted from your tax. Because these credits are refundable, you should file a return and claim these credits, even if you do not owe tax.

If the total of your withholding and your estimated tax payments for any payment period is less than the amount you needed to pay by the due date for that period, you may be charged a penalty, even if the total of these credits is more than your tax for the year.

Topics - This chapter discusses:

  • How to take credit for withholding,

  • How to take credit for estimated taxes you paid, and

  • How to take credit for excess social security or railroad retirement tax withholding.

Withholding

If you had income tax withheld during 2007, you should be sent a statement by January 31, 2008, showing your income and the tax withheld. Depending on the source of your income, you will receive:

  • Form W-2, Wage and Tax Statement,

  • Form W-2G, Certain Gambling Winnings, or

  • A form in the 1099 series.

Forms W-2 and W-2G.   Always file Form W-2 with your income tax return. File Form W-2G with your return only if it shows any federal income tax withheld from your winnings.

  You should get at least two copies of each form you receive. Attach one copy to the front of your federal income tax return. Keep one copy for your records. Also, you should receive copies to file with your state and local returns.

Form W-2

Your employer is required to provide or send Form W-2 to you no later than January 31, 2008. You should receive a separate Form W-2 from each employer you worked for.

If you stopped working before the end of 2007, your employer could have given you your Form W-2 at any time after you stopped working. However, your employer must provide or send it to you by January 31, 2008.

If you ask for the form, your employer must send it to you within 30 days after receiving your written request or within 30 days after your final wage payment, whichever is later.

If Form W-2 is mailed, you should allow adequate time to receive it before contacting your employer. If you still do not get the form by February 15, the IRS can help you by requesting the form from your employer. The phone number is listed in the Form 1040, Form 1040A, and Form 1040EZ instructions. You will be asked for the following information.

  • Your employer's name, address, and telephone number, and, if known, your employer's identification number.

  • Your address, social security number, and daytime telephone number.

  • The dates of employment.

  • An estimate of your total wages and federal income tax withheld.

Form W-2 shows your total pay and other compensation and the income tax, social security tax, and Medicare tax that was withheld during the year. Include the federal income tax withheld (as shown on Form W-2) on:

  • Line 64, if you file Form 1040,

  • Line 38, if you file Form 1040A, or

  • Line 7, if you file Form 1040EZ.

In addition, Form W-2 is used to report any taxable sick pay you received and any income tax withheld from your sick pay.

Form W-2G

If you had gambling winnings in 2007, the payer may have withheld income tax. If tax was withheld, the payer will give you a Form W-2G showing the amount you won and the amount of tax withheld.

Report the amounts you won on line 21 of Form 1040. Take credit for the tax withheld on line 64 of Form 1040. If you had gambling winnings, you must use Form 1040; you cannot use Form 1040A or Form 1040EZ.

Gambling losses can be deducted on Schedule A (Form 1040) as a miscellaneous itemized deduction on line 28. However, you cannot deduct more than the gambling winnings you report on line 21.

The 1099 Series

Most forms in the 1099 series are not filed with your return. You should be sent these forms by January 31, 2008. Unless instructed to file any of these forms with your return, keep them for your records.

There are several different forms in this series, including:

  • Form 1099-B, Proceeds From Broker and Barter Exchange Transactions,

  • Form 1099-C, Cancellation of Debt,

  • Form 1099-DIV, Dividends and Distributions,

  • Form 1099-G, Certain Government Payments,

  • Form 1099-INT, Interest Income,

  • Form 1099-MISC, Miscellaneous Income,

  • Form 1099-OID, Original Issue Discount,

  • Form 1099-Q, Payments From Qualified Education Programs,

  • Form 1099-R, Distributions From Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc.,

  • Form SSA-1099, Social Security Benefit Statement, and

  • Form RRB-1099, Payments by the Railroad Retirement Board.

If you received the types of income reported on some forms in the 1099 series, you may not be able to use Form 1040A or Form 1040EZ. See the instructions to these forms for details.

Form 1099-R.   Attach Form 1099-R to your return if federal income tax withholding is shown in box 4. Include the amount withheld in the total on line 64 of Form 1040, or on line 38 of Form 1040A. You cannot use Form 1040EZ if you received payments reported on Form 1099-R.

Backup withholding.   If you were subject to backup withholding on income you received during 2007, include the amount withheld, as shown in box 4 of your Form 1099, in the total on line 64 of Form 1040, line 38 of Form 1040A, or line 7 of Form 1040EZ.

Form Not Correct

If you receive a form with incorrect information, you should ask the payer for a corrected form. Call the telephone number or write to the address given for the payer on the form. The corrected Form W-2G or Form 1099 you receive will have an “X” in the “CORRECTED” box at the top of the form. A special form, Form W-2c, Corrected Wage and Tax Statement, is used to correct a Form W-2.

Form Received After Filing

If you file your return and you later receive a form for income that you did not include on your return, you should report the income and take credit for any income tax withheld by filing Form 1040X, Amended U.S. Individual Income Tax Return.

Separate Returns

If you are married but file a separate return, you can take credit only for the tax withheld from your own income. Do not include any amount withheld from your spouse's income. However, different rules may apply if you live in a community property state.

Community property states.   The following are community property states.

  • Arizona.

  • California.

  • Idaho.

  • Louisiana.

  • Nevada.

  • New Mexico.

  • Texas.

  • Washington.

  • Wisconsin.

Generally, if you live in a community property state and file a separate return, you and your spouse each must report half of all community income in addition to your own separate income. If you are required to report half of all community income, you are entitled to take credit for half of all taxes withheld on the community income. If you were divorced during the year, each of you generally must report half the community income and can take credit for half the withholding on that community income for the period before the divorce.

  For more information on these rules, and some exceptions, see Publication 555, Community Property.

Fiscal Years (FY)

If you file your tax return on the basis of a fiscal year (a 12-month period ending on the last day of any month except December), you must follow special rules, described below, to determine your credit for federal income tax withholding.

Normal withholding.   You can claim credit on your tax return only for the tax withheld during the calendar year ending within your fiscal year. You cannot claim credit for any of the tax withheld during the calendar year beginning in your fiscal year. You will be able to claim credit for that withholding on your return for your next fiscal year.

  The Form W-2 or 1099-R you receive for the calendar year that ends during your fiscal year will show the tax withheld and the income you received during that calendar year.

  Although you take credit for all the withheld tax shown on the form, report only the part of the income shown on the form that you received during your fiscal year. Add to that the income you received during the rest of your fiscal year.

Example.

Miles Hanson files his return for a fiscal year ending June 30, 2007. In January 2007, he received a Form W-2 that showed that his wages for 2006 were $31,200 and that his income tax withheld was $3,484. His records show that he had received $15,000 of the wages by June 30, 2006, and $16,200 from July 1 through December 31, 2006. See Table 3-1 below.

On his return for the fiscal year ending June 30, 2007, Miles will report the $16,200 he was paid in July through December of 2006, plus the $18,000 he was paid during the rest of the fiscal year, January 1, 2007, to June 30, 2007. However, he takes credit for all $3,484 that was withheld during 2006.

On his return for the fiscal year ending June 30, 2006, he reported the $15,000 he was paid in January through June 2006, but took no credit for the tax withheld during that time. On his return for the fiscal year ending June 30, 2008, he can take credit for any tax withheld during 2007 but not for any tax withheld during 2008.

Table 3-1. Example for Fiscal Year Ending June 30, 2007—Miles Hanson

Date Form W-2 Miles' records Tax return for FY ending 6/30/2006 1 Tax return for FY ending 6/30/2007
Wages With-
holding		 Wages With-
holding		 Wages With-
holding		 Wages With-
holding		                        
CY 2006 2 $31,200 $3,484                                    
1/1 - 6/30/2006     $15,000 $1,675 $15,000                              
7/1 - 12/31/2006     16,200 1,809     $16,200 $3,484                        
CY 2007 $37,500 $4,187 3                                    
1/1 - 6/30/2007     $18,000 $2,010     $18,000                          
7/1 - 12/31/2007     19,500 4 2,177                                
1Miles' tax return for FY ending 6/30/2006 also included his wages for 7/1-12/31/2005 and the withholding shown on his 2005 Form W-2.
2 Calendar year (January 1 - December 31).
3 Withholding shown on 2007 Form W-2 ($4,187) will be included in Miles' tax return for FY ending 6/30/2008, the fiscal year in which calendar year 2007 ends.
4 Wages for 7/1-12/31/2007 ($19,500) will be included in Miles' tax return for FY ending 6/30/2008, the fiscal year in which the wages were received.

Backup withholding.   If income tax has been withheld under the backup withholding rule, take credit for it on your tax return for the fiscal year in which you received the income.

Example.

Emily Smith's records show that she received income in November 2007 and February 2008 from which there was backup withholding ($100 and $50, respectively). Emily takes credit for the entire $150 of backup withholding on her tax return for the fiscal year ending September 30, 2008.

Estimated Tax

Take credit for all your estimated tax payments for 2007 on line 65 of Form 1040 or line 39 of Form 1040A. Include any overpayment from 2006 that you had credited to your 2007 estimated tax. You must use Form 1040 or Form 1040A if you paid estimated tax. You cannot use Form 1040EZ.

If you were a beneficiary of an estate or trust, you should receive a Schedule K-1 (Form 1041), Beneficiary's Share of Income, Deductions, Credits, etc., from the fiduciary. If you have estimated taxes credited to you from the estate or trust (from Schedule K-1 (Form 1041), box 13, code A), you must use Schedule E (Form 1040). On the dotted line next to the entry space for line 37 of Schedule E (Form 1040), enter “ES payment claimed” and the amount. However, do not include this amount in the total on line 37. Instead, enter the amount on Form 1040, line 65. The payment is treated as being made by you on January 15, 2008.

Name changed.   If you changed your name, and you made estimated tax payments using your former name, attach a statement to the front of your tax return indicating:

  • When you made the payments,

  • The amount of each payment,

  • The IRS address to which you sent the payments,

  • Your name when you made the payments, and

  • The social security number under which you made the payments.

The statement should cover payments you made jointly with your spouse as well as any you made separately.

  Be sure to report the change to your local Social Security Administration office before filing your 2008 tax return. This prevents delays in processing your return and issuing refunds. It also safeguards your future social security benefits. For more details, call the Social Security Administration at 1-800-772-1213.

Separate Returns

If you and your spouse made separate estimated tax payments for 2007 and you file separate returns, you can take credit only for your own payments.

If you made joint estimated tax payments, you must decide how to divide the payments between your returns. One of you can claim all of the estimated tax paid and the other none, or you can divide it in any other way you agree on. If you cannot agree, you must divide the payments in proportion to each spouse's individual tax as shown on your separate returns for 2007.

Example.

James and Evelyn Brown made joint estimated tax payments for 2007 totaling $3,000. They file separate 2007 Forms 1040. James' tax is $4,000 and Evelyn's is $1,000. If they do not agree on how to divide the $3,000, they must divide it proportionately between their returns. Because James' tax ($4,000) is 80% of the total tax ($5,000), his share of the estimated tax is $2,400 (80% of $3,000). The balance, $600 (20% of $3,000), is Evelyn's share.

Divorced Taxpayers

If you made joint estimated tax payments for 2007, and you were divorced during the year, either you or your former spouse can claim all of the joint payments, or you each can claim part of them. If you cannot agree on how to divide the payments, you must divide them in proportion to each spouse's individual tax as shown on your separate returns for 2007. See Example above under Separate Returns.

If you claim any of the joint payments on your tax return, enter your former spouse's social security number (SSN) in the space provided at the top of page 1 of Form 1040 or Form 1040A. If you divorced and remarried in 2007, enter your present spouse's SSN in that space. Enter your former spouse's SSN, followed by “DIV,” under Payments to the left of Form 1040, line 65, or in the blank space to the left of Form 1040A, line 39.

Excess Social Security or Railroad Retirement Tax Withholding

Most employers must withhold social security tax from your wages. In some cases, however, the federal government and state and local governments do not have to withhold social security tax from their employees' wages. If you work for a railroad employer, that employer must withhold tier 1 railroad retirement (RRTA) tax and tier 2 RRTA tax.

Two or more employers.   If you worked for two or more employers in 2007, too much social security tax or tier 1 RRTA tax may have been withheld from your pay. You may be able to claim the excess as a credit against your income tax when you file your return. Table 3-2 shows the maximum amount that should have been withheld for any of these taxes for 2007. Figure the excess withholding on the appropriate worksheet on page 47.

  

Table 3-2. Maximum Social Security and RRTA Withholding for 2007

Type of tax Maximum wages subject
to tax 		Tax rate Maximum
tax to be
withheld
Social security  . $97,500 6.2% $6,045.00
Tier 1 RRTA $97,500 6.2% $6,045.00
Tier 2 RRTA $72,600 3.9% $2,831.40

Joint returns.   If you are filing a joint return, you cannot add any social security or tier 1 RRTA tax withheld from your spouse's income to the amount withheld from your income. You must figure the excess separately for both you and your spouse to determine if either of you has excess withholding.

Note.

All wages are subject to Medicare tax withholding.

Employer's error.   If any one employer withheld too much social security or tier 1 RRTA tax, you cannot claim the excess as a credit against your income tax. The employer should adjust the tax for you. If the employer does not adjust the overcollection, you can file a claim for refund using Form 843, Claim for Refund and Request for Abatement.

Worksheet for Nonrailroad Employees

If you did not work for a railroad during 2007, figure the excess social security withholding on Worksheet 3-1 (see blank worksheet on the next page).

Note.

If you worked for both a railroad employer and a nonrailroad employer, use Worksheet 3-2 on the next page to figure excess social security and tier 1 RRTA tax.

Where to claim credit for excess social security withholding.    If you file Form 1040, enter the excess on line 67.

  If you file Form 1040A, include the excess in the total on line 42. Write “Excess SST” and show the amount of the credit in the space to the left of the line.

  You cannot claim excess social security tax withholding on Form 1040EZ.

Example.

In 2007, Tom Martin earned $58,000 working for Company A and $42,200 working for Company B. Company A withheld $3,596 for social security tax. Company B withheld $2,616.40 for social security tax. Because he worked for two employers and earned more than $97,500, he had too much social security tax withheld. Tom figures his credit of $167.40, as shown on the illustrated Worksheet 3-1 below.

Worksheets for Railroad Employees

If you worked for a railroad during 2007, figure your excess withholding on Worksheets 3-2 and 3-3 on the next page.

Where to claim credit for excess tier 1 RRTA withholding.    If you file Form 1040, enter the excess on line 67.

  If you file Form 1040A, include the excess in the total on line 42. Write “Excess SST” and show the amount of the credit in the space to the left of the line.

   You cannot claim excess tier 1 RRTA withholding on Form 1040EZ.

How to claim refund of excess tier 2 RRTA.    To claim a refund of tier 2 tax, use Form 843. Be sure to attach a copy of all of your W-2 forms.

Worksheet 3-1. Excess Social Security—Nonrailroad Employees—Illustrated (Tom Martin)

1. Add all social security tax withheld (but not more than $6,045 for each employer). This tax should be shown in box 4 of your Forms W-2. Enter the total here 1. $6,212.40
2. Enter any uncollected social security tax on tips or group-term life insurance included in the total on Form 1040, line 63 2.  -0-
3. Add lines 1 and 2. If $6,045 or less, stop here. You cannot claim the credit 3. 6,212.40
4. Social security limit 4. 6,045 
5. Excess. Subtract line 4 from line 3 5.   $167.40

Worksheet 3-1. Excess Social Security—Nonrailroad Employees

1. Add all social security tax withheld (but not more than $6,045 for each employer). This tax should be shown in box 4 of your Forms W-2. Enter the total here 1.  
2. Enter any uncollected social security tax on tips or group-term life insurance included in the total on Form 1040, line 63 2.  
3. Add lines 1 and 2. If $6,045 or less, stop here. You cannot claim the credit 3.  
4. Social security limit 4. $6,045
5. Excess. Subtract line 4 from line 3 5.  

Worksheet 3-2. Excess Social Security and Tier 1 RRTA—Railroad Employees

1. Add all social security and tier 1 RRTA tax withheld (but not more than $6,045 for each employer). Social security tax should be shown in box 4 and tier 1 RRTA should be shown in box 14 of your Forms W-2. Enter the total here 1.  
2. Enter any uncollected social security and tier 1 RRTA tax on tips or group-term life insurance included in the total on Form 1040, line 63 2.  
3. Add lines 1 and 2. If $6,045 or less, stop here. You cannot claim the credit 3.  
4. Social security and tier 1 RRTA tax limit 4. $6,045
5. Excess. Subtract line 4 from line 3 5.  

Worksheet 3-3. Excess Tier 2 RRTA—Railroad Employees

1. Add all tier 2 RRTA tax withheld (but not more than $2,831.40 for each employer). Box 14 of your Forms W-2 should show tier 2 RRTA tax. Enter the total here 1.  
2. Enter any uncollected tier 2 RRTA tax on tips or group-term life insurance included in the total on Form 1040, line 63 2.  
3. Add lines 1 and 2. If $2,831.40 or less, stop here. You cannot claim the credit. 3.  
4. Tier 2 RRTA tax limit 4. $2,831.40
5. Excess. Subtract line 4 from line 3. 5.  

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