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Frequently Asked Tax Questions And Answers

Keyword: Tax Forms


1.1 IRS Procedures: General Procedural Questions

I just received my tax package in the mail. Why are there so many forms and schedules in it?

We print several packages that include different forms and schedules that may be filed with Form 1040 (PDF). We mail you the package that includes the items you may need based on what you filed last year. We use packages instead of mailing forms and schedules separately as a cost-saving measure for us and a convenience for you.

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Do I have to file all the forms and schedules that are in my tax package?

No. Complete and attach to your return only the forms and schedules you need to report your income, deductions, and credits.

1.3 IRS Procedures: Amended Returns & Form 1040X

What form do I use to correct my tax return that I have already filed?

The form needed to correct previously filed Forms 1040, 1040A, 1040EZ, as well as individual income tax returns submitted through TeleFile or e-file, is Form 1040X (PDF), Amended U.S. Individual Income Tax Return.

References:

Where can the forms be found to file an amended return?

Form 1040X (PDF), Amended U.S. Individual Income Tax Return, and instructions may be ordered by calling (800) 829-3676, or visit the Forms & Pubs section of our web site .

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1.6 IRS Procedures: Copies & Transcripts

How do I request a copy of my tax return for last year?

If you need an exact copy of a previously filed and processed return and all attachments (including Forms W-2), you must complete Form 4506 (PDF) , Request for Copy of Tax Return and mail it to the IRS address in the instructions along with a $23 fee (increases to $39 Jan. 1, 2004) for each tax year requested. Copies are generally available for returns filed in the current and past 6 years.

In cases where an exact copy of the return is not needed, tax return and tax transcripts my be ordered, to be sent to you at your address of record, by calling (800) 829-1040 or completing and mailing Form 4506. Effective Jan. 1, 2004, use, Form 4506-T (PDF) , Request for Transcript of Tax Return. The tax return transcripts shows most line items contained on the return as it was originally filed, including any accompanying forms and schedules. In most cases, a tax return transcript will meet the requirements for lending institutions for mortgage verification purposes.

The transcript can be ordered by completing a Form 4506 (effective January 1, 2004, use Form 4506T to request all types of transcripts) or calling (800) 829-1040 and following the prompts in the recorded message. There is no charge for the transcript and you should receive it in 10 business days from the time we receive your request. Tax return transcripts are generally available for the current and past three years. If you need a statement of your tax account which shows changes that you or the IRS made after the original return was filed, you must request a "Tax Account Transcript". This transcript shows basic data including marital status, type of return filed, adjusted gross income, taxable income, payments and adjustments made on your account. Tax return and account transcripts are generally available for the current and past 3 years.

Form 4506 can also be used to get proof from the IRS that you did not file a tax return for a particular tax year (Effective Jan. 1, 2004, use Form 4506-T).

Forms can be downloaded at Forms & Pubs or ordered by calling (800) 829-1040.

References:

Is it possible to make the request for a copy of my return via the Internet?

At the present time, it is not possible to request a copy of your return via the Internet. If you need an exact copy of a previously filed and processed Federal return, you must file Form 4506 (PDF), Request for Copy of Tax Return. In cases where an exact copy of the return is not needed, tax return and tax account transcripts may be ordered, to be sent to you at your address of record, by calling (800) 829-1040 or completing and mailing Form 4506 (Effective Jan. 1, 2004, use Form 4506-T (PDF) , Request for Transcript of Tax Return.) There is a $23 (increased to $39 January 1, 2004) fee for copies of your previously filed tax forms and all attachments (including Form(s) W-2) for each tax period requested. You should allow 60 calendar days for a response. There is no charge for tax return transcripts or Form W-2 information.

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What form do I need to get a copy of a previous year's federal tax return that I filed?

At the present time, it is not possible to request a copy of your return via the Internet. If you need an exact copy of a previously filed and processed Federal return, you must file Form 4506 (PDF), Request for Copy of Tax Return. In cases where an exact copy of the return is not needed, tax return and tax account transcripts may be ordered, to be sent to you at your address of record, by calling (800) 829-1040 or completing and mailing Form 4506 (Effective Jan. 1, 2004, use Form 4506-T (PDF), Request for Transcript of Tax Return. There is a $23 fee (increased to $39 January 1, 2004) for copies of your previously filed tax forms and all attachments (including Form(s) W-2) for each tax period requested. You should allow 60 calendar days for a response. There is no charge for tax return transcripts or Forms W-2 information.

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Can I get copies of my prior year Forms W-2 from the IRS?

The quickest way to obtain a copy of a prior year Form W-2 (PDF) is through your employer. If that is not possible, you can order and pay for copies of your entire return (attachments include Form W-2) from IRS, or order W-2 information at no charge from IRS. IRS can provide W-2 information for the current and past 9 years. Complete and mail Form 4506 (PDF), Request for Copy of Tax Return and Form 4506-T (PDF) Request for Transcript of Tax Return. You should allow 60 calendar days for a response.

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1.7 IRS Procedures: Extensions

What form do I fill out to request an extension to file my individual income tax return?

The form to file for an extension of time to time to file your Forms 1040, 1040A, or 1040EZ, is Form 4868 (PDF), Application for Automatic Extension of Time To File U.S. Individual Income Tax Return. You must file Form 4868 by the due date of the return. The automatic extension is a four-month extension.

An extension of time to file is not an extension of time to pay. You must make an accurate estimate of your tax and send any necessary payment with your Form 4868. If you find you cannot pay the full amount due with Form 4868, you can still get the extension. You will owe interest on the unpaid amount.

You will be billed for a late payment penalty (which equals one-half of one percent of the unpaid tax for each month from the original due date of payment), unless at least 90 percent of the actual tax liability was paid prior to the original due date of the return through withholding on wages, estimated tax payments, or any payment accompanying the Form 4868. However, you will not have to pay the penalty if you can show reasonable cause for the failure to pay.

If you qualify for the automatic four month extension and you later find that you are not able to file within the four month extension period, you may be able to get 2 more months to file, for a total of 6 months. To apply for an additional extension either write a letter to the IRS or file Form 2688 (PDF), Application for Additional Extension of Time To File U.S. Individual Income Tax Return. You should ask for the extension early so that, if it is not approved, you still will be able to file by the end of the first extension time limit. Refer to Publication 17, Your Federal Income Tax, for additional information on filing extensions for your individual tax returns.

References:

  • Publication 17, Your Federal Income Tax
  • Form 4868 (PDF), Application for Automatic Extension of Time To File U.S. Individual Income Tax Return
  • Form 2688 (PDF), Application for Additional Extension of Time To File U.S. Individual Income Tax Return

1.8 IRS Procedures: Forms & Publications

How can I get forms and publications?

  • You can download them electronically at Forms & Pubs or call 800-TAX-FORM (800-829-3676) 24 hours a day, 7 days a week. You can order by mail using the order blank in the tax package you receive in the mail. Certain forms and publications are available by fax at (703) 368-9694 or pick them up at most local IRS offices, participating libraries, or post offices.
  • How do I obtain forms (including prior year) and publications not available on your site?

    By phone: Call (800) 829-3676 (available 24 hours a day, 7 days a week).

    Are copies of tax forms available at local libraries?

    If you need tax forms or would like instructions for completing your federal income tax return, your local library may have just what you need. For further information, refer to Tax Topic 105, Public Libraries - Tax Information Tapes and Reproducible Tax Forms.

    References:

    • Tax Topic 105, Public Libraries - Tax Information Tapes and Reproducible Tax Forms

    Is there an Offer and Compromise form available? How can I get one?

    The Offer and Compromise form you must complete is Form 656 (PDF), Offer in Compromise.

    You can get this form by calling (800) 829-3676 or you can download it at Forms & Pubs through our internet site.

    References:

    Are the forms that can be downloaded from this web site approved for use?

    Yes, all IRS forms are available for download at Forms & Pubs on our website. All are approved for use.

    References:

    Can I use computer-generated tax forms instead of the IRS forms?

    IRS provides for the approval and acceptance of computer-prepared and computer-generated tax forms that are filed by individual taxpayers and tax practitioners, in place of many of the official IRS printed forms. For additional information, refer to Tax Topic 253, Substitute Tax Forms.

    References:

    Where can I find previous years' tax forms?

    You can download the tax years 1992 through the current year on this web site at Forms & Pubs. You can also order tax forms by calling (800) 829-3676.

    References:

    After you download a tax form, how do you open the file to read it?

    Refer to our Frequently Asked Downloading and Printing Questions.

    To view/print a PDF file from the Web, download the file to your hard drive or diskette, launch the Acrobat Reader (an icon will be created during the setup process) and open the file you just saved. If you need help getting around the IRS web site or assistance retrieving files and forms, we can help you. Call (800) 876-1715 or if outside the US and Canada dial (309) 229-7111 or send a message to the IRS Web Site Help Desk e-mail address at helpdesk@speedymail.com. Although we can be pretty busy at times we will try to help you.

    References:

    I am having trouble downloading forms and publications from your web site. What can I do?

    First make sure that you have the latest version of Adobe Acrobat Reader software. Adobe Acrobat Reader software is needed to view and print PDF files (the preferred format for viewing or printing IRS forms, instructions, and publications).

    Adobe Acrobat Reader is available free-of-charge from hundreds of sites on the Web, including the IRS web site. However, the best way to get the free software is from Adobe's home page. Their site offers two versions of the Reader, versions for most platforms (Macintosh, all Windows versions, etc.), and they even offer the user his/her language preference.

    Adobe provides comprehensive instructions for downloading the software.

    To view or print a PDF file from the Web, download the file to your hard drive or diskette, launch the Acrobat Reader (an icon will be created during the setup process) and open the file you just saved. The document will appear on your monitor and you can print from there. Some web browsers will launch the reader automatically when you download a PDF file.

    Also see Frequently Asked Downloading and Printing Questions on our website.

    References:

    My modem will not download your forms, what can I do?

    You can call the IRS at (800) TAX-FORM or (800) 829-3676 and place an order for forms or publications. These numbers are available 24 hours a day, 7 days a week. For more information refer to Tax Topic 155, Forms/Publications - How to Order.

    If you have a fax modem and fax software, refer to Fax On Demand on this site for information about getting the forms you need by fax.

    For information on how to order forms and publications, refer to Tax Topic 155. The information below may also be helpful:

  • Internet: Forms & Pubs
  • FTP: www.irs.gov/pub/irs-pdf
  • The IRS web site help desk at (800- 876-1715) (or if outside the US and Canada dial (309) 229-7111) or the IRS Web Site Help Desk e-mail address at help desk @speedymail.com offer technical assistance for transmission problems (not tax help).

    Federal Tax Forms CD-ROM contains hundreds of tax forms, instructions and TIPS (Taxpayer Information Publications) for current and prior years back to the 1997 tax year. It runs on Windows 95/98/4.0 and Macintosh 7.0 or later platforms. You may purchase the CD-ROM from the National Technical Information Service (NTIS) at Order 2003 Tax Products CD-ROM.

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    I am looking for a Form I-9. Is it available online?

    No. Form I-9 is available from the Bureau of Citizenship and Immigration Services, or call (800) 870-3676.

    References:

    I need a list of all the IRS forms, instructions, and publications.

    Please refer to Publication 910 (PDF), IRS Guide to Free Tax Services , for a listing of forms and publications available. They are also available at Forms & Pubs.

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    1.9 IRS Procedures: Injured & Innocent Spouse

    Is there a form for receiving the no-fault spouse's portion on a joint return when one spouse owes child support?

    Yes, Form 8379 (PDF), Injured Spouse Claim and Allocation, is the form used to request your portion of a joint refund.

    References:

    1.16 IRS Procedures: W–4 - Allowances, Excess FICA, Students, Withholding

    We had too much social security tax taken out this year. What form do we need to fill out to request some of these monies back?

    Credit for excess social security withheld is claimed on page 2 of Form 1040, U.S. Individual Income Tax Return. Refer to Credit for Excess Social Security Tax or Railroad Retirement Tax Withheld in Chapter 38 of Publication 17, Your Federal Income Tax.

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    2.3 Filing Requirements/Status/Dependents/Exemptions: Dependents & Exemptions

    What is the tax form number for the custodial parent to sign that allows the noncustodial parent to use the child as a dependent?

    The custodial parent should use Form 8332 (PDF), Release of Claim to Exemption for Child of Divorced or Separated Parents, or a substantially similar statement, to release the exemption to the noncustodial parent. The noncustodial parent must attach the form or statement to his or her tax return. Please be aware that if the custodial parent releases the exemption, for a child the custodial parent may not claim a child tax credit for that child.

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    4.3 Interest/Dividends/Other Types of Income: 1099–MISC, Independent Contractors, and Self-employed

    I received a Form 1099-MISC with an amount in box 7, (nonemployee compensation). What forms and schedules should be used to report income earned as an independent contractor?

    Independent contractors report their income on Form 1040, Schedule C (PDF), Profit or Loss from Business (Sole Proprietorship), or you may qualify to use Form 1040, Schedule C-EZ (PDF), Net Profit from Business (Sole Proprietorship). You should also be aware of Form 1040, Schedule SE (PDF), Self-Employment Tax, which must be filed if net earnings from self-employment are $400 or more. This form is used to figure your social security and Medicare tax which is based on your net self-employment income. You may also need to file Form 2210, Underpayment of Estimated Tax by Individuals, Estates & Trusts, if you do not make estimated tax payments.

    References:

    What, if any, quarterly forms must I file to report income as an independent contractor?

    There are no quarterly income reporting requirements for Federal income tax purposes. However, because you will have no withholding taken from your income, you may need to make quarterly estimated tax payments. You use Form 1040-ES (PDF), Estimated Tax for Individuals.

    You need to be aware that there may be state and local requirements for estimated tax payments. You can start looking for information at How to Contact Us. You may want to go to your state's individual Web site for additional information. To access the state you need go to our Alphabetical State Index.

    References:

    9.3 Estimated Tax: Individuals

    What form will I use to make estimated payments?

    Use Form 1040-ES (PDF), Estimated Tax for Individuals, to estimate your tax liability. Four payment vouchers are included in the 1040ES package that are used to send your payment to the Internal Revenue Service

    References:

    10.1 Capital Gains, Losses/Sale of Home: Property (Basis, Sale of Home, etc.)

    I sold my principal residence this year. What form do I need to file?

    If you meet the ownership and use tests, you will generally only need to report the sale of your home if your gain is more than $250,000 ($500,000 if married filing a joint return). This means that during the 5-year period ending on the date of the sale, you must have:

  • Owned the home for at least 2 years (the ownership test), and
  • Lived in the home as your main home for at least 2 years (the use test).
  • If you owned and lived in the property as your main home for less than 2 years, you may still be able to claim an exclusion in some cases. The maximum amount you can exclude will be reduced. If you are required or choose to report a gain, it is reported on Form 1040, Schedule D (PDF), Capital Gains and Losses .

    If you were on qualified extended duty in the U.S. Armed Services or the Foreign Service you may suspend the five-year test period for up to 10 years. You are on qualified extended duty when:

  • At a duty station that is at least 50 miles from the residence sold, or
  • When residing under orders in government housing, for more than 90 days or for an indefinite period.
  • This change applies to home sales after May 6, 1997. You may use this provision for only one property at a time and one sale every two years.

    For additional information on selling your home, refer to Publication 523, Selling Your Home .

    References:

    10.2 Capital Gains, Losses/Sale of Home: Stocks (Options, Splits, Traders)

    Is there any publication that explains the proper way to file a Schedule C as a day trader?

    There is no publication specific to DayTraders. But see the Instructions for Form 1040, Schedule D . The section "Traders in Securities" has information for DayTraders.

    Internal Revenue Code section 475(f) and Revenue Procedure 99-17 apply only to traders who elect to use mark-to-market method of Accounting.

    References:

    I am a stock day trader. I understand I have the option of electing the mark-to-market method of accounting which would preclude application of the wash sale rule. What forms and publications do I need?

    If your trading activity is a business, your trading expenses would be reported on Form 1040, Schedule C (PDF), Profit or Loss from Business (Sole Proprietorship) instead of Form 1040, Schedule A (PDF), Itemized Deductions . Your gains or losses, however, would be reported on Form 1040, Schedule D (PDF), Capital Gains and Losses , unless you file an election to change your method of accounting to the mark-to-market method of accounting.

    See Publication 550, Investment Income and Expenses (p. 68) for guidance on how to make the mark-to-market election. You need Form 3115 (PDF), Application for Change in Accounting Method. The mark-to-market method of accounting cannot be revoked without the consent of the Secretary.

    If you qualify and elect to change to the mark-to-market method of accounting, you would report your gains or losses on Part II of Form 4797 (PDF), Sales of Business Property .

    References:

    11.4 Sale or Trade of Business, Depreciation, Rentals: Sales, Trades, Exchanges

    What form(s) do we need to fill out to report the sale of rental property?

    The gain or loss on the sale of rental property is reported on Form 4797 (PDF), Sale of Business Property. Form 1040, Schedule D (PDF), Capital Gains and Losses, is often used in conjunction with Form 4797. For further information, refer to Publication 544, Sale on Other Disposition of Assets,Publication 550, Investment Income and Expense, the Instructions to Form 4797 (PDF), Sale of Business Property, and the Instructions to Form 1040, Schedule D, Capital Gain and Losses.

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    How do I file the gain on an installment sale of business property in each year? What form do I use?

    Use Form 6252 (PDF), Installment Sale Income, to figure your installment sale income each year. This form does not account for taxable interest income from the sale that needs to be reported each year by the seller, usually on Form 1040, Schedule B (PDF), Interest and Ordinary Dividends.

    You may also need Form 1040, Schedule D (PDF), Capital Gains and Losses, and Form 4797 (PDF), Sales of Business Property. For additional information including forms and instructions, refer to Publication 537, Installment Sales

    References:

    What forms do we file to report a loss on the sale of a rental property?

    The loss on the sale of rental property is reported on Form 4797 (PDF), (Sale of Business Property) as ordinary loss.

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    12.9 Small Business/Self-Employed/Other Business : Starting or Ending a Business

    Which form do I use to file my business income tax return?

    To determine which form you should file for your business entity, select one of the following links:

    . Publication 541, Partnerships

    . Publication 542, Corporations

    . Publication 3402 (PDF), Tax Issues for LLCs

    . Publication 334, Tax Guide for Small Business

    . Entities: Sole Proprietor, Partnership, Limited Liability Company/Partnership (LLC/LLP), Corporation, Subchapter S Corporation

    References:

    Can you help me fill out my forms

    Unfortunately, the Internal Revenue Service can only provide general information and instructions for preparing tax returns. Many entries on tax rely upon entries from several schedules or forms. In addition, a clear picture of a business entity is needed to adequately prepare a return. If the publications or instructions for a form are unclear and you need help completing several sections and/or lines on the return, it may be best to seek the advice of a tax professional.