Page 30 - Individual Forms & Instructions Guide
P. 30

14:28 - 20-Jan-2023
         Page 23 of 113  Fileid: … ions/i1040/2022/a/xml/cycle11/source
         The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.
                                              Foreign-Source Income               own  individual  income  tax  return.  The
         Income                               You must report unearned income, such   only exception is for purposes of figur-

                                              as  interest,  dividends,  and  pensions,   ing  your  self-employment  tax.  For  that
         Generally,  you  must  report  all  income   from  sources  outside  the  United  States   purpose, you must take into account all
         except  income  that  is  exempt  from  tax   unless  exempt  by  law  or  a  tax  treaty.   your  self-employment  income  for  the
                                                                                  year  from  services  performed  both  be-
         by law. For details, see the following in-  You  must  also  report  earned  income,
         structions  and  the  Schedule  1  instruc-  such  as  wages  and  tips,  from  sources   fore and after the beginning of the case.
                                                                                  Also,  you  (or  the  trustee  if  one  is  ap-
         tions, especially the instructions for lines   outside the United States.
         1  through  7  and  Schedule  1,  lines  1                               pointed) must allocate between you and
                                                                                  the bankruptcy estate the wages, salary,
                                                If  you  worked  abroad,  you  may  be
         through 8z. Also see Pub. 525.       able  to  exclude  part  or  all  of  your  for-  or other compensation and withheld in-
         Forgiveness of Paycheck              eign  earned  income.  For  details,  see   come tax reported to you on Form W-2.
         Protection Program (PPP)             Pub. 54 and Form 2555.              A  similar  allocation  is  required  for  in-
         Loans                                Foreign retirement plans.  If you were   come and withheld income tax reported
                                              a  beneficiary  of  a  foreign  retirement   to  you  on  Forms  1099.  You  must  also
         The  forgiveness  of  a  PPP  Loan  creates   plan, you may have to report the undis-  include  a  statement  that  indicates  you
         tax-exempt  income,  so  although  you   tributed  income  earned  in  your  plan.   filed a chapter 11 case and that explains
         don’t need to report the income from the   However, if you were the beneficiary of   how income and withheld income tax re-
         forgiveness of your PPP Loan on Form   a  Canadian  registered  retirement  plan,   ported to you on Forms W-2 and 1099
         1040 or 1040-SR, you do need to report   see Rev. Proc. 2014-55, 2014-44 I.R.B.   are allocated between you and the estate.
         certain information related to your PPP   753,   available   at   IRS.gov/irb/  For  more  details,  including  acceptable
         Loan.                                                                    allocation methods, see Notice 2006-83,
                                              2014-44_IRB#RP-2014-55, to find out if
            Rev.  Proc.  2021-48,  2021-49  I.R.B.   you can elect to defer tax on the undis-  2006-40 I.R.B. 596, available at
                                                                                  IRS.gov/irb/
         835,  permits  taxpayers  to  treat  tax-ex-  tributed income.           2006-40_IRB#NOT-2006-83.
         empt income resulting from the forgive-  Report  distributions  from  foreign
         ness  of  a  PPP  Loan  as  received  or  ac-  pension plans on lines 5a and 5b.  Community Property States
         crued: (1) as, and to the extent that, eli-                              Community property states include Ari-
         gible expenses are paid or incurred; (2)   Foreign  accounts  and  trusts.  You   zona,  California,  Idaho,  Louisiana,  Ne-
         when  you  apply  for  forgiveness  of  the   must complete Part III of Schedule B if   vada, New Mexico, Texas, Washington,
         PPP  Loan;  or  (3)  when  forgiveness  of   you:                        and Wisconsin. If you and your spouse
         the  PPP  Loan  is  granted.  If  you  have   • Had a foreign account; or  lived in a community property state, you
         tax-exempt  income  resulting  from  the   • Received  a  distribution  from,  or   must  usually  follow  state  law  to  deter-
         forgiveness  of  a  PPP  Loan,  attach  a   were  a  grantor  of,  or  a  transferor  to,  a   mine  what  is  community  income  and
         statement  to  your  return  reporting  each   foreign trust.            what is separate income. For details, see
         taxable year for which you are applying   Foreign  financial  assets.  If  you  had   Form 8958 and Pub. 555.
         Rev.  Proc.  2021-48,  and  which  section   foreign  financial  assets  in  2022,  you
         of  Rev.  Proc.  2021-48  you  are  apply-  may have to file Form 8938. See Form   Nevada,  Washington,  and  California
         ing—either  section  3.01(1),  (2),  or  (3).   8938 and its instructions.  domestic  partners.  A  registered  do-
         Any  statement  should  include  the  fol-  Chapter 11 Bankruptcy        mestic  partner  in  Nevada,  Washington,
         lowing information for each PPP Loan:                                    or California must generally report half
            1. Your name, address, and ITIN or   Cases                            the combined community income of the
                                                                                  individual  and  their  domestic  partner.
         SSN;                                 If you are a debtor in a chapter 11 bank-  See Form 8958 and Pub. 555.
            2. A statement that you are applying   ruptcy case, income taxable to the bank-
         or applied section 3.01(1), (2), or (3) of   ruptcy estate and reported on the estate's   Rounding Off to Whole
         Rev. Proc. 2021-48, and for what taxa-  income tax return includes:      Dollars
         ble year;                              • Earnings  from  services  you  per-  You can round off cents to whole dollars
                                              formed  after  the  beginning  of  the  case
            3. The  amount  of  tax-exempt  in-                                   on your return and schedules. If you do
         come from forgiveness of the PPP Loan   (both  wages  and  self-employment  in-  round to whole dollars, you must round
                                              come); and
         that  you  are  treating  as  received  or  ac-                          all amounts. To round, drop amounts un-
         crued and for what taxable year; and   • Income from property described in   der 50 cents and increase amounts from
                                              section 541 of title 11 of the U.S. Code
            4. Whether  forgiveness  of  the  PPP   that you either owned when the case be-  50 to 99 cents to the next dollar. For ex-
         Loan has been granted as of the date you   gan  or  that  you  acquired  after  the  case   ample, $1.39 becomes $1 and $2.50 be-
         file your return.                    began  and  before  the  case  was  closed,   comes $3.
            Write “RP2021-48” at the top of your   dismissed, or converted to a case under a   If  you  have  to  add  two  or  more
         attached statement.                  different chapter.                  amounts to figure the amount to enter on
                                                                                  a  line,  include  cents  when  adding  the
                                                Because this income is taxable to the   amounts and round off only the total.
                                              estate, don’t include this income on your



                                                            -23-           Need more information or forms? Visit IRS.gov.
   25   26   27   28   29   30   31   32   33   34   35