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Pub. 17, Your Federal Income Tax 2004 Tax Year

Chapter 39 - Other Credits

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What's New

Adoption credit. The maximum adoption credit increases to $10,390. See Adoption Credit, later for more information.

Excess withholding of social security tax and tier 1 railroad retirement tax. Social security and tier 1 railroad retirement tax (RRTA) are both withheld at a rate of 6.2% of wages. The maximum wages subject to this tax increased to $87,900 in 2004. If you had two or more employers and they withheld too much social security or RRTA tax during 2004, you may be entitled to a credit of the excess withholding. For more information about the credit, see Credit for Excess Social Security Tax or Railroad Retirement Tax Withheld under Refundable Credits, later.

Introduction

This chapter discusses the following credits.

  • Adoption credit.

  • Foreign tax credit.

  • Mortgage interest credit.

  • Retirement savings contributions credit.

  • Credit for prior year minimum tax.

  • Credit for electric vehicles.

  • Credit for excess social security tax or railroad retirement tax withheld.

  • Credit for tax on undistributed capital gain.

  • Health coverage tax credit.

Several other credits are discussed in other chapters in this publication.

  • Child and dependent care credit (chapter 34).

  • Credit for the elderly or the disabled (chapter 35).

  • Child tax credit (chapter 36).

  • Education credits (chapter 37).

  • Earned income credit (chapter 38).

Nonrefundable credits.   The first part of this chapter, Nonrefundable Credits, covers six credits that you subtract directly from your tax. These credits may reduce your tax to zero. If these credits are more than your tax, the excess is not refunded to you.

Refundable credits.   The second part of this chapter, Refundable Credits, covers three credits that are treated as payments and are refundable to you. These credits are added to the federal income tax withheld and any estimated tax payments you made. If this total is more than your total tax, the excess will be refunded to you.

Useful Items - You may want to see:

Publication

  • 502 Medical and Dental Expenses

  • 514 Foreign Tax Credit for
    Individuals

  • 530 Tax Information for First-Time Homeowners

  • 535 Business Expenses

  • 590 Individual Retirement Arrangements (IRAs)

  • 968 Tax Benefits for Adoption

Form (and Instructions)

  • 1116
    Foreign Tax Credit (Individual, Estate, or Trust)

  • 2439
    Notice to Shareholder of Undistributed Long-Term Capital Gains

  • 8396
    Mortgage Interest Credit

  • 8801
    Credit For Prior Year Minimum Tax — Individuals, Estates, and Trusts

  • 8828
    Recapture of Federal Mortgage Subsidy

  • 8834
    Qualified Electric Vehicle Credit

  • 8839
    Qualified Adoption Expenses

  • 8880
    Credit for Qualified Retirement Savings Contributions

  • 8885
    Health Coverage Tax Credit

Nonrefundable Credits

The credits discussed in this part of the chapter can reduce your tax. However, if the total of these credits is more than your tax, the excess is not refunded to you.

Adoption Credit

You may be able to take a tax credit of up to $10,390 for qualifying expenses paid to adopt an eligible child. A credit of up to $10,390 may be allowed for the adoption of a child with special needs even if you do not have any qualifying expenses.

If your modified adjusted gross income (AGI) is more than $155,860, your credit is reduced. If your modified AGI is $195,860 or more, you cannot claim the credit.

Caution
The amount of expenses paid or incurred before 2002 that can be taken into account is limited to the pre-2002 dollar limits. The limit on these expenses is $5,000 ($6,000 in the case of a child with special needs, defined later).

Qualifying expenses.   Qualifying adoption expenses are reasonable and necessary adoption fees, court costs, attorney fees, traveling expenses (including amounts spent for meals and lodging) while away from home, and other expenses directly related to, and whose principal purpose is for, the legal adoption of an eligible child.

Nonqualifying expenses.   Qualifying adoption expenses do not include expenses:
  • That violate state or federal law,

  • For carrying out any surrogate parenting arrangement,

  • For the adoption of your spouse's child,

  • Paid using funds received from any federal, state, or local program,

  • Allowed as a credit or deduction under any other federal income tax rule, or

  • Paid or reimbursed by your employer or any other person or organization.

Eligible child.   The term “eligible child” means any individual:
  1. Under 18 years old, or

  2. Physically or mentally incapable of caring for himself or herself.

Child with special needs.   An eligible child is a child with special needs if all three of the following apply.
  1. He or she is a citizen or resident of the United States (including U.S. possessions).

  2. A state (including the District of Columbia) determines that the child cannot or should not be returned to his or her parents' home.

  3. The state has determined that the child will not be adopted unless assistance is provided to the adoptive parents. Factors used by the state to make this determination include:

    1. The child's ethnic background,

    2. The child's age,

    3. Whether the child is a member of a minority or sibling group, or

    4. Whether the child has a medical condition or physical, mental, or emotional handicap.

When to claim the credit.   Generally, for any year before the adoption becomes final, you take the credit in the year after your qualified expenses are paid or incurred. See Publication 968 for more specific information on when to claim the credit.

Foreign child.   If the child is not a U.S. citizen or resident, you cannot take the credit unless the adoption becomes final. You treat all adoption expenses paid or incurred in years before the adoption becomes final as paid or incurred in the year it becomes final.

How to claim the credit.   To claim the credit, you must complete Form 8839 and attach it to your Form 1040 or Form 1040A. Enter the credit on Form 1040, line 52, or Form 1040A, line 34.

Foreign Tax Credit

You generally can choose to claim income taxes you paid or accrued during the year to a foreign country or U.S. possession as a credit against your U.S. income tax. Or, you can deduct them as an itemized deduction (see chapter 24).

You cannot take a credit (or deduction) for foreign income taxes paid on income that you exclude from U.S. tax under any of the following.

  1. Foreign earned income exclusion.

  2. Foreign housing exclusion.

  3. Possession exclusion.

  4. Extraterritorial income exclusion.

Limit on the credit.   Unless you can elect not to file Form 1116, your foreign tax credit cannot be more than your U.S. tax liability (Form 1040, line 43), multiplied by a fraction. The numerator of the fraction is your taxable income from sources outside the United States. The denominator is your total taxable income from U.S. and foreign sources. See Publication 514 for more information.

How to claim the credit.   Complete Form 1116 and attach it to your Form 1040. Enter the credit on Form 1040, line 46.

Election not to file Form 1116.   You will not be subject to the limit and may be able to claim the credit without using Form 1116 if all the following requirements are met.
  1. Your only foreign source income for the tax year is passive income (dividends, interest, royalties, etc.) that is reported to you on a payee statement (such as a Form 1099-DIV, Dividends and Distributions, or 1099-INT, Interest Income).

  2. Your qualified foreign taxes for the tax year are not more than $300 ($600 if filing a joint return) and are reported on a payee statement.

  3. You elect this procedure for the tax year.

  If you qualify and elect not to file Form 1116, enter the amount of your foreign taxes paid on Form 1040, line 46.

Caution
If you make this election, you cannot carry back or carry over any unused foreign tax to or from this tax year.

Mortgage Interest Credit

The mortgage interest credit is intended to help lower-income individuals afford home ownership. If you qualify, you can claim the credit each year for part of the home mortgage interest you pay.

Who qualifies.   You may be eligible for the credit if you were issued a mortgage credit certificate (MCC) from your state or local government. Generally, an MCC is issued only in connection with a new mortgage for the purchase of your main home.

Amount of credit.   Figure your credit on Form 8396. If your mortgage is equal to (or smaller than) the certified indebtedness amount (loan) shown on your MCC, enter on Form 8396, line 1, all the interest you paid on your mortgage during the year.

  If your mortgage loan amount is larger than the certified indebtedness amount shown on your MCC, you can figure the credit on only part of the interest you paid. To find the amount to enter on line 1, multiply the total interest you paid during the year on your mortgage by the following fraction.
  Certified indebtedness amount on your MCC  
  Original amount of your mortgage  

  If two or more persons (other than a married couple filing a joint return) hold an interest in the home to which the MCC relates, the credit must be divided based on the interest held by each person. See Publication 530 for further information.

Caution
If the certificate credit rate is higher than 20%, the credit you are allowed cannot be more than $2,000.

Carryforward.   If your allowable credit is reduced because of the limit based on your tax, you can carry forward the unused portion of the credit to the next 3 years or until used, whichever comes first.

  If you are subject to the $2,000 limit because your certificate credit rate is more than 20%, you cannot carry forward any amount more than $2,000 (or your share of the $2,000 if you must divide the credit).

How to claim the credit.    Figure your 2004 credit and any carryforward to 2005 on Form 8396, and attach it to your Form 1040. Be sure to include any credit carryforward from 2001, 2002, and 2003.

  Include the credit in your total for Form 1040, line 53, and check box a.

Reduced home mortgage interest deduction.   If you itemize your deductions on Schedule A (Form 1040), you must reduce your home mortgage interest deduction by the amount of the mortgage interest credit shown on line 3 of Form 8396. You must do this even if part of that amount is to be carried forward to 2005. For more information about the home mortgage interest deduction, see chapter 25.

Recapture of federal mortgage subsidy.   If you received an MCC with your mortgage loan, you may have to recapture (pay back) all or part of the benefit you received from that program. The recapture may be required if you sell or dispose of your home at a gain during the first 9 years after the date you closed your mortgage loan. See Publication 523, Selling Your Home, for more information.

Retirement Savings Contributions Credit

You may be able to take a tax credit of up to $1,000 ($2,000 if married filing jointly) for making eligible contributions to an employer-sponsored retirement plan or to an individual retirement arrangement (IRA). The credit is a percentage of the qualifying contributions, with the highest rate for taxpayers with the least income.

You cannot claim this credit if any of the following apply.

  1. The amount of your 2004 adjusted gross income (discussed next) is more than $25,000 ($37,500 if head of household, $50,000 if married filing jointly).

  2. You were born after January 1, 1987.

  3. You are claimed as a dependent on another person's 2004 tax return.

  4. You were a full-time student in 2004.

The amount of credit you can take depends on your filing status, your adjusted gross income (AGI), and your eligible contributions.

Adjusted gross income (AGI).   This is generally the amount on Form 1040, line 37, or Form 1040A, line 22. However, you must add to that amount any exclusion or deduction claimed for the year for:
  • Foreign earned income,

  • Foreign housing costs,

  • Income for residents of American Samoa, and

  • Income from Puerto Rico.

Eligible contributions.   These include contributions to a traditional or Roth IRA and salary reduction contributions (elective deferrals) to most employer-sponsored retirement plans. They also include certain voluntary after-tax employee contributions.

Contributions reduced.   Your eligible contributions must be reduced by certain taxable and nontaxable distributions made after 2001 and before the due date (including extensions) of your 2004 tax return.

  See Publication 590, chapter 4, for more specific information on eligible contributions and the reductions you must make.

Limit on the credit.   After your contributions are reduced, the maximum annual contributions on which you can base the credit is $2,000 per person. This makes the maximum possible credit $1,000 per return ($2,000 if married filing jointly).

How to figure and report the credit.   The amount of the credit you can get is based on the contributions you make and your credit rate. Your credit rate can be as low as 10% or as high as 50%. Your credit rate depends on your income and your filing status. See Form 8880 to determine your credit rate.

  The maximum contribution taken into account is $2,000 per person. On a joint return, up to $2,000 is taken into account for each spouse.

  Figure the credit on Form 8880. Report the credit on line 50 of your Form 1040 or line 32 of your Form 1040A and attach Form 8880 to your return.

Credit for Prior Year Minimum Tax

The tax laws give special treatment to some kinds of income and allow special deductions and credits for some kinds of expenses. If you benefit from these laws, you may have to pay at least a minimum amount of tax in addition to any other tax on these items. This is called the alternative minimum tax.

The special treatment of some items of income and expenses only allows you to postpone paying tax until a later year. If in prior years you paid alternative minimum tax because of these tax postponement items, you may be able to claim a credit for prior year minimum tax against your current year's regular tax. The amount of the credit cannot reduce your current year's tax below your current year's tentative alternative minimum tax.

You may be able to take a credit against your regular tax if for 2003 you had:

  • An alternative minimum tax liability and adjustments or preferences other than exclusion items,

  • A minimum tax credit that you are carrying forward to 2004, or

  • An unallowed nonconventional source fuel credit or qualified electric vehicle credits.

How to claim the credit.    Figure your 2004 credit and any carryforward to 2005 on Form 8801, and attach it to your Form 1040. Include the credit in your total for Form 1040, line 54, and check box b. You can carry forward any unused credit for prior year minimum tax to later years until it is completely used.

  For additional information about the credit, see the instructions for Form 8801.

Qualified Electric Vehicle Credit

You may be allowed a tax credit if you placed a qualified electric vehicle in service during the year.

Qualified electric vehicle.   This is a vehicle that:
  • Has at least four wheels and is manufactured primarily for use on public streets, roads, and highways,

  • Is powered primarily by an electric motor drawing current from rechargeable batteries, fuel cells, or other portable sources of electrical current,

  • Is originally used by you,

  • Is acquired for your own use, not for resale,

  • Has never been used as a nonelectric vehicle, and

  • Is used predominately in the United States.

Amount of credit.   If you placed a qualified electric vehicle in service during 2004, the credit is generally 10% of the cost of the vehicle. However, if the vehicle is a depreciable business asset, you must reduce the cost of the vehicle by any section 179 deduction before figuring the credit. See Publication 463, Travel, Entertainment, Gift, and Car Expenses, for information on the section 179 deduction.

  The credit is limited to $4,000 for each vehicle placed in service in 2004.

Recapture.    The credit will be subject to recapture if, within 3 years after the date you place the vehicle in service, the vehicle is used predominately outside the United States or is modified (or its use is modified) so that it is no longer eligible for the credit. You recapture the credit by adding part or all of it to your income tax for the year in which the recapture event occurs. See chapter 12 of Publication 535 for more information.

How to claim the credit.   To claim the credit, complete Form 8834 and attach it to your Form 1040. Include the credit in your total for Form 1040, line 54. Check box c, and print “8834” on the line next to box c.

  
Caution
Do not confuse this credit with the deduction for clean-fuel vehicles.

Refundable Credits

The following credits are refundable and are treated as payments of tax.

  • Credit for excess social security tax or railroad retirement tax withheld.

  • Credit for tax on undistributed capital gain.

  • Health coverage tax credit.

Credit for Excess Social Security Tax or Railroad Retirement Tax Withheld

Most employers must withhold social security tax from your wages. If you work for a railroad employer, that employer must withhold tier 1 railroad retirement (RRTA) tax and tier 2 RRTA tax.

If you worked for two or more employers in 2004, you may have had too much social security or RRTA tax withheld from your pay. You can claim the excess social security or RRTA tier 1 tax as a credit against your income tax. The following table shows the maximum amount of wages subject to tax and the maximum amount of tax that should have been withheld in 2004.

Type of tax Maximum
wages
subject to tax
Maximum tax
that should
have been
withheld
Social security or
RRTA tier 1
$87,900 $5,449.80
RRTA tier 2 $65,100 $3,189.90

Caution
All wages are subject to Medicare tax withholding.

Tip
Use Form 843, Claim for Refund and Request for Abatement, to claim a refund of excess RRTA tier 2 tax. See Publication 505, Tax Withholding and Estimated Tax, for details.

One employer.   If any one employer withheld social security or RRTA tax that exceeded the amounts in the preceding table, you cannot claim the extra amount withheld by that employer as a credit against your income tax. Your employer must adjust this for you.

Joint return.   If you are filing a joint return, you cannot add the social security or RRTA tax withheld from your spouse's wages to the amount withheld from your wages. Figure the credit separately for you and your spouse to determine if either of you has excess withholding.

How to figure the credit if you did not work for a railroad.   If you did not work for a railroad during 2004, figure the credit as follows:
1. Add all social security tax withheld (but not more than $5,449.80 for each employer). Enter the total
here
 
2. Enter any uncollected social security tax on tips or group-term life insurance included in the total on Form 1040, line 62  
3. Add lines 1 and 2. If $5,449.80 or less, stop here. You cannot claim
the credit
 
4. Social security tax limit 5,449.80
5. Credit. Subtract line 4 from line 3. Enter the result here and on Form 1040, line 66 (or Form 1040A, line 43)  

Example.

You are married and file a joint return with your spouse who had no gross income in 2004. During 2004, you worked for the Brown Shoe Company and earned $52,000 in wages. Social security tax of $3,224 was withheld. You also worked for another employer in 2004 and earned $40,200 in wages. $2,492.40 of social security tax was withheld from these wages. Because you worked for more than one employer and your total wages were more than $87,900, you can claim a credit of $266.60 for the excess social security tax withheld.

1. Add all social security tax withheld (but not more than $5,449.80 for each employer). Enter the total
here
$5,716.40
2. Enter any uncollected social security tax on tips or group-term life insurance included in the total on Form 1040, line 62 -0-
3. Add lines 1 and 2. If $5,449.80 or less, stop here. You cannot claim the credit 5,716.40
4. Social security tax limit 5,449.80
5. Credit. Subtract line 4 from line 3. Enter the result here and on Form 1040, line 66 (or Form 1040A, line 43) $266.60

How to figure the credit if you worked for a railroad.   If you were a railroad employee during 2004, figure the credit as follows:
1. Add all social security and tier 1 RRTA tax withheld (but not more than $5,449.80 for each employer). Enter the total here  
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 62
 
3. Add lines 1 and 2. If $5,449.80 or less, stop here. You cannot claim
the credit
 
4. Social security and tier 1 RRTA
tax limit
5,449.80
5. Credit. Subtract line 4 from line 3. Enter the result here and on Form 1040, line 66 (or Form 1040A, line 43)  

How to claim the credit.   Enter the credit on Form 1040, line 66. You cannot claim the credit on Form 1040A or Form 1040EZ.

Credit for Tax on Undistributed Capital Gain

You must include in your income any amounts that regulated investment companies (commonly called mutual funds) or real estate investment trusts (REITs) allocated to you as capital gain distributions, even if you did not actually receive them. If the mutual fund or REIT paid a tax on the capital gain, you are allowed a credit for the tax since it is considered paid by you. The mutual fund or REIT will send you Form 2439, Notice to Shareholder of Undistributed Long-Term Capital Gains, showing the undistributed capital gains and the tax paid, if any. Claim the credit for the tax paid by entering the amount on line 69, Form 1040, and checking box a. Attach Copy B of Form 2439 to your return. See Capital Gain Distributions in chapter 9 for more information on undistributed capital gains.

Health Coverage Tax Credit

There is a health coverage tax credit available to certain individuals who receive a pension benefit from the Pension Benefit Guaranty Corporation (PBGC) or are eligible to receive certain Trade Adjustment Assistance (TAA) or who are eligible for the Alternate Trade Adjustment Assistance (ATAA) program. You qualify for this credit if you:

  1. Are an eligible individual,

  2. Pay for qualified health insurance covering an eligible coverage month for yourself or for yourself and qualifying family members,

  3. Do not have other specified coverage, and

  4. Are not in prison.

You qualify for this credit on a month-by-month basis. If you qualify, you can claim a credit equal to 65% of the premiums you pay for qualified health insurance.

You can either take this credit on your tax return or have it paid on your behalf in advance to your insurance company. Your payments and any payments paid on your behalf in advance are treated as having been made on the first day of the month for which they are made. If the credit is paid on your behalf in advance, that amount will reduce the amount of the credit you can claim on your tax return. If you received National Emergency Grant (NEG) payments during 2004 for qualified health insurance, that amount will also reduce the amount of the credit you can claim.

Caution
You are not entitled to the credit for a month, if on the first day of that month, you are either:

  • Covered by Medicare, or

  • Covered by a group health plan available through your or your spouse's employer if the employer contributes 50% or more of the premium.

For a definition of an eligible individual, see the following discussion. For definitions of the terms in (2) and (3) earlier, including qualified health insurance and other specified coverage, see Publication 502.

Eligible Individual

You are an eligible individual for any month during which one of the following is true.

  1. You receive a TAA for individuals under the Trade Act of 1974 for at least one day in the month.

  2. You would receive a TAA but do not because you have not yet exhausted your unemployment benefits, and are covered under a TAA certification.

  3. You are a worker receiving a supplemental wage allowance under section 246 of the Trade Act of 1974 for such month.

  4. You are at least 55 years old as of the first day of the month and are receiving pension benefits from the PBGC.

Once you qualify under (1) or (2) above, you remain eligible for the first month that you otherwise cease to be eligible.

Example.

You receive a TAA for individuals during May, but do not receive another for the rest of the year. You are eligible for the health coverage tax credit for both May and June.

You are not an eligible individual if an exemption can be claimed for you on another person's tax return.

ATAA workers.   If you are eligible for the Alternative Trade Adjustment Assistance (ATAA) program, you are eligible for this credit for a period not to exceed two years if you:
  1. Are covered by a qualifying certification,

  2. Are reemployed not more than 26 weeks after the date of separation from the adversely-affected employment,

  3. Are at least 50 years of age,

  4. Do not earn more than $50,000 a year in wages from reemployment,

  5. Are employed on a full-time basis, and

  6. Do not return to the employment from which you were separated.

How To Claim the Credit

To claim the credit, complete Form 8885 and attach it to your Form 1040. Include your credit in the total for Form 1040, line 69, and check box c. You cannot claim the credit on Form 1040A or Form 1040EZ.

You must attach invoices and proof of payment for any amounts you include on line 2 of Form 8885 for which you did not receive an advance payment. For details, see Publication 502 or Form 8885.

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