Form 5074 - Allocation Of Individual Income Tax To Guam Or The Commonwealth Of The Northern Mariana Islands (Cnmi) - 2013 Page 2

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Form 5074 (2013)
Page
De minimis exception. This is an exception to the general rule
Do not use this form if you were a bona fide resident of
!
for determining the source of income earned in Guam or the CNMI.
Guam or the CNMI during the entire tax year, or were
Generally, income from Guam or the CNMI does not include
considered a bona fide resident of Guam or the CNMI for
compensation for services performed in Guam or the CNMI if during
CAUTION
the entire tax year under the special rules for the year
2013 you:
of a move (see chapter 1 of Pub. 570, Tax Guide for Individuals With
Income From U.S. Possessions).
• Were a U.S. citizen or resident,
Joint returns. If you file jointly and only one spouse is a bona
• Were not a bona fide resident of Guam or the CNMI,
fide resident of Guam or the CNMI for the entire tax year, the
• Were not employed by or under contract with an individual,
resident status for both spouses and subsequent tax treatment is
partnership, or corporation that is engaged in a trade or business in
determined by the spouse with the higher adjusted gross income
Guam or the CNMI,
(AGI) (disregarding community property laws). File Form 5074 only if
• Temporarily performed services in Guam or the CNMI for 90 days
the spouse with the higher AGI is not a bona fide resident of Guam
or less, and
or the CNMI for the entire tax year.
• Earned $3,000 or less from such services.
Where to file. If you are not enclosing a check or money order, file your
Special rules may apply to bona fide residents of U.S.
!
Form 1040 (including Form 5074) with the Department of the Treasury,
territories who have gain from dispositions of certain
Internal Revenue Service Center, Austin, TX 73301-0215 USA.
investment property within the 10-year period beginning
If you are including a check or money order, file your return with
CAUTION
when they became a bona fide resident. For details, see
the Internal Revenue Service, P.O. Box 1303, Charlotte, NC
Special Rules for Gains From Dispositions of Certain Property, in
28201-1303 USA.
chapter 2 of Pub. 570, Regulations section 1.937-2(f)(1), and
Additional information. Pub. 570 has more information and an
Examples 1 and 2 of section 1.937-2(k).
example of how to complete Form 5074. To get Pub. 570, see
Part II—Adjusted Gross Income From Guam or the
Quick and Easy Access to Tax Help and Tax Products in the
CNMI Reported on Form 1040
Instructions for Form 1040.
Lines 21 through 23. If you had Guam or CNMI source self-
Part I—Income From Guam or the CNMI Reported on
employment income, figure the amount to enter on each line by (1)
Form 1040
dividing your Guam or CNMI source self-employment income by
Source of income. The rules for determining the source of income
your total (worldwide) self-employment income and (2) multiplying
are explained in sections 861 through 865 and section 937,
the total amount of each deduction that applies to you by the result
Regulations section 1.937-2, and chapter 2 of Pub. 570. Some
in (1).
general rules are:
Line 24. Enter the amount of penalty on early withdrawals from
• The source of wages, salaries, or tips is generally where the
savings accounts in banks or branches of U.S. banks located in
services are performed. If you worked both in and outside Guam or
Guam or the CNMI. The Form 1099-INT or Form 1099-OID you
the CNMI, include on line 1 only wages, salaries, or tips earned
received will show the amount of any penalty you were charged.
while you were in Guam or the CNMI. However, certain income
Line 25. Enter the total of your and your spouse’s IRA deductions
earned while temporarily performing services in Guam or the CNMI
attributable to Guam or CNMI compensation or earned income.
will not be considered income from Guam or the CNMI. For details,
Figure the amount to report on line 25 by (1) dividing your Guam or
see De minimis exception on this page.
CNMI compensation or earned income by your total (worldwide)
Military spouses. If you are the civilian spouse of a member of
compensation or earned income and (2) multiplying the amount of
the U.S. Armed Forces, work in Guam or the CNMI, and retain a
your IRA deduction by the result in (1). Figure the amount of your
residence or domicile in one of the 50 states or the District of
spouse’s IRA deduction the same way.
Columbia under the Military Spouses Residency Relief Act
Line 28. Include in the total on line 28 the amount of any other
(MSRRA), your wages, salaries, tips, and self-employment income
deductions included on Form 1040, line 36, that are attributable to
will not be considered income from Guam or the CNMI. Under
your Guam or CNMI income. On the dotted line next to line 28,
MSRRA, the military spouse must be in Guam or the CNMI solely to
enter the amount of each deduction attributable to your Guam or
be with his/her servicemember spouse who is serving in compliance
CNMI income and identify it as you did on Form 1040, line 36. If you
with military orders. For details on MSRRA, see Pub. 570.
or your spouse had an Archer MSA deduction on Form 1040, line
• The source of interest income is generally where the payer is
36, figure the amount to report on line 28 the same way you would
located. For example, Guam or CNMI source income includes
an IRA deduction (see Line 25, above).
interest from a certificate of deposit issued by a bank or branch of a
Penalty for Failure To Furnish Information
U.S. bank in Guam or the CNMI.
If, in tax year 2001 or later, you became or ceased to be a bona fide
• Generally, dividends are sourced where the paying corporation is
resident of a U.S. territory, you may be required to file Form 8898,
created or organized.
Statement for Individuals Who Begin or End Bona Fide Residence in
• Taxable refunds, credits, or offsets of local Guam or CNMI income
a U.S. Possession. If you fail to provide the required information,
taxes only include nonmirror code income taxes.
you may have to pay a $1,000 penalty for each failure unless you
• Alimony received from a person who is a bona fide resident of
can show the failure was due to reasonable cause and not willful
Guam or the CNMI is sourced in that specific possession.
neglect. This penalty is in addition to any criminal penalty provided
• Except as provided in regulations, income earned after December
by law. For details, see the Instructions for Form 8898.
31, 2004, that is from sources within the United States or effectively
connected with the conduct of a trade or business in the United
States is not income from Guam or the CNMI.
• The source of gains, profits, or income from the sale or disposition
of real property (and any interest in real property) is generally where
the real property is located.
Personal property. The source of income from the sale of
nondepreciable personal property is generally the seller's residence.
For example, if you are a bona fide resident of Guam or the CNMI,
gain from the sale or disposition of personal property is generally
from sources within Guam or the CNMI. Income from the sale of
inventory is generally sourced where the title to the property
passes. See section 865 for details.

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