What is the purpose of Form 966?
Form 966 is a form used to report your foreign income to the IRS and a report detailing your U.S. source income is prepared for your tax return. The Form 966 allows you to report your “total worldwide income,” which may include income earned outside the U.S.
What is Part I of Form 966?
Form 966 Part I must be completed if:
You are required to report gross income from sources in the foreign country.
You have gross income that is not included in Form 921 (Forms 1099-MISC and CPT) or Form 902 (Forms W-2). Also, you may have gross income that is reported as “Foreign earned income” on Form 2553 (with certain limitations).
Your gross income includes both foreign sources of income and nontaxable sources in the U.S. For more information about this situation, see our topic, U.S. source income and non-U.S. source income when filing by mail.
Your gross income includes both foreign sources of income and nontaxable sources in the U.S. For more information about this situation, see our topic, U.S. source income and non-U.S. source income when filing by mail.
You have total gross incomes (both foreign and nontaxable) of more than 1,000. For more information, see Line 4 of Part III.
Your gross income excludes the following:
Foreign income of less than the amount described in Part I of Form 966.
Foreign income you received from the foreign country or countries. For more information, see U.S. sources of income.
U.S. sourced income. It is not reported on the foreign source income on Form 966.
U.S. income that you received from an office of more than a dozen employees of the same foreign country or countries.
U.S. source income you received from the foreign country or countries. For more information, see U.S. sources of income. “U.S. income” means all income (including wages, salaries, tips, dividends, interest, and rents) you receive from sources within the United States (see also the table here).
“Nontaxable foreign income” on Form 951 or on part of Form 951 that is subject to tax treaty benefits (or exempt income).
Who should complete Form 966?
You should complete Form 966 if you want to take your business tax deduction on a business property that you have not already taxed. The only other circumstance in which you might complete Form 966 is to add up the tax that you think you should owe on a home that you own and rent.
Does Form 966 have to be filed by a tax return processor?
No. You can complete Form 966 on your own, if you want to. Just remember that if you claim more deductions than the tax limit, you will have to report any extra amount on your tax return.
If I don't file Form 966, can I claim the reduced rate on business income?
Yes. You should file Form 936 with the same information that you usually list on Form 966. Also, if you want to claim the personal exemption and a tax credit related to children, you will need both of those forms to complete your return.
Tax Information for Small Businesses
In addition to Form 936, which we are releasing on March 31, the IRS offers some additional guidance on small business tax matters.
When do I need to complete Form 966?
For more information call.
How do I file form 966?
To file a Form 966, you'll need to complete a non-disqualifying Form 966 and mail it to:
Social Security Administration
P.O. Box 51389
Atlanta, GA 30
Form 966 forms are available with each quarterly Social Security installment payment for amounts due on or before the due date. You must file by December 31st of each year, in order to be eligible for the payment. You won't be able to file a non-disqualifying Form 966 with an outstanding balance.
Forms may be obtained here.
Can I cancel the Form 966 payment if I can't meet the deadlines when filing it?
Yes, but only with the prior written consent of the IRS.
I filed Form 966 on my late son's behalf, but I'm only eligible to file Form 966 for myself, not for my son.
That's ok. Your son's Form 966 for the following year may have been approved, but if not, your family's liability will increase if you file Form 966 for your son. For example, you will likely need to file a Form 966 when he is 65, instead of when your son is 75.
What will I receive by filing Form 966?
Form 966 will indicate your annual income for the previous tax year, but it doesn't show your tax liability for that year. You'll then receive a quarterly payment of up to 5,000 for your tax liability each year, if you met the deadlines that apply to you.
What if I filed a late Form 966 for my son's benefit during the past year?
You are still required to file a Form 966 for yourself, even if Form 966 is approved for your son's benefit. You may want to contact the IRS to see whether you are exempt from the tax reporting requirements for late filers.
Can I cancel the payment in case of an audit?
Yes. You can cancel the Form 966 if you receive a notice. You may need to wait one year before filing a Form 932 — your child's return. If you have a child filing both an adult return and income tax return, you can file Form 932 instead.
Can I create my own Form 966?
Yes. See Form 966 instructions and Form 966 Instructions for complete rules that apply.
Who can I bring to my local Form 966?
You are considered to bring the applicant or recipient to your local Form 966 office.
What do I need to take to a Form 966 office?
You may need to present identification, including your Social Security card, driver's license, alien identification card (birth certificate, naturalization certificate, or other document that establishes your identity), and/or a photo identification with a current address that shows:
Your name
An address at which you or the applicant or recipient intend to claim the tax credit
An address with which you intend to file Form 926 as a joint filer or with which you intend to claim a credit for any dependent child of U.S. citizens or a member of their household. This applies only to persons who are or will be eligible under the credit, even if you are not the child.
Additional Instructions:
Form 926 and Forms 926-EZ, 926-IJ, 926-K, and 926-L are filed for the same purpose. These tax forms will be filed with the IRS and used by the IRS to assess and collect taxes. You must follow the instructions to use each form to file your tax return for 2017.
Form 926 Instructions and Forms 926-EZ, 926-IJ, 926-K, and 926-L are used to file Form 926. Instructions and Forms 926-EZ, 926-IJ, 926-K, and 926-L may be printed or shown on the back of your tax form. Instructions and Forms 926 are provided by the IRS and may also be downloaded.
Where may I file my Form 926?
Files may be filed with your local taxpayer identification number (TIN), but may also be filed electronically.
File Form 926 at an office in person (unless filing electronically).
See the Form 926 Instructions for complete rules that apply.
Do I have to file tax returns or make payments using Form 926?
Yes. You must file a federal income tax return if you are filing Form 926.
What should I do with Form 966 when it’s complete?
When its complete, submit Form 966 with all of your other Form 940 or 940A forms, and follow the instructions for getting additional personal information.
If your spouse's estate has less than 5,000,000 in gross estate, and you are filing jointly, use Form 940A, Form 941, or Form 942.
If you want to get Form 936 for a spouse, make sure the spouse is deceased and the decedent is listed on the title of the transfer (if needed). To do this, send a request in writing to the Department of Health and Human Services, Treasury, for your request. The Department of Health and Human Services will process the request and send you Form 936. Fill the form in the blank with the date you want it mailed.
If you are filing a joint estate, use Form 936 and your own Social Security Number on each Form 936.
What should I do with Form 936 when it's incomplete?
You must fill out Form 936 once. This ensures that the IRS knows with certainty about how much it should get from any deceased spouse. If you have previously filed a return and the deceased spouse was included in the return, no additional information needs to be given. However, if you were not included in the return, the IRS may ask for more information. If the IRS tells you that no information about that spouse can be obtained, you should file an amended return.
When I file my Form 936, I donut know how much my spouse will have in gross estate, but the executor needs more information. For this reason, Form 936 can be completed only if the amount of the estate is known. I don't want to wait until I know the amount of my spouse's estate, or the executor gets more information about my spouses estate to fill out a Form 936. If I file an amended return with more information, will I need to keep a Form 936 from this return?
No, since the information the executor needs to complete Form 936 can be obtained from any other return you may file with a deceased spouse.
If it turns out your estate was very small or your spouse passed away before filing his or her return, you can still file Form 936.
How do I get my Form 966?
Generally, you can get a form 966 from your payroll company if your business pays over 50,000 a year.
The IRS also issues Form 966 for a specific purpose—a “disqualified distribution from a qualified fund.” It can include distributions that qualify as qualified dividends, qualified capital gains or qualified long-term capital gains, as well as some qualified net investment income.
Forms 966 don't include distributions from an RESP or a TFS As. If you participate in an RESP and receive a Form 966, you'll need to fill out Form T776, RESP Statement of Taxable Income and Payable to Beneficiaries, and file the forms separately with the CRA.
If you don't receive a Form 966, you can also contact the CRA to have tax information filed on your behalf.
How do I transfer the RESP money back to my business?
If you want to keep the RESP money, you might send it back to the business at some point. However, a good plan is to wait until the cash is needed to pay or invest in new investments, and then transfer the money to your own RESP.
How can I get more tax info by phone?
There are still options for learning more about your RESP taxes, so go to Myers.
What documents do I need to attach to my Form 966?
You will need to attach to your Form 966 any documents you intend to use to substantiate the fact that you are engaged in a trade or business within the meaning of the Act. For information on how to attach them, see Attachments and Documentation Instructions.
To support your claim, you must complete the sections of Form 966 using your own funds. If you do so, please be aware that the tax consequences described below may be greater than the penalties provided for by the Act.
If I pay some or all of my employees on a regular basis, am I engaged in trade or business within the meaning of the Act?
If you pay your employees on a regular basis, yes. However, please note that section 6011(6)(a) of the Act places some limits on the amount of cash compensation you may deduct as business expenses. The limit is 2,400 for employees you employ in more than two businesses within a year, and 2,400 for employees hired in one year before a business begins to perform any business services. For further information, refer to IRS Publication 513.
For income tax purposes, are your employees subject to Social Security (SS) tax? If so, do I have to withhold?
Employees who are neither your domestic servants nor your household staff are subject to Social Security (SS) tax under the Internal Revenue Code. (To learn more about these tax rules, including the computation of the earned income exemption (EIA), click here.)
SS tax includes the following:
an advance payment (after December 31 of the year preceding the taxable year) under section 2031(a) of the Act, and
Premiums under section 2032 of the Act.
If you pay your employee on a regular basis in a trade or business (whether in your place of business or home), you are subject to a withholding tax on the wages (other than the minimum wages and overtime wages) you are required to withhold under this provision. See page 1A.
Section 6011(6)(d), however, places limits on the amount of cash compensation you may deduct as a business expense in the same way that it places limits on how much SS tax you can deduct.
What are the different types of Form 966?
First, it is useful to get the terminology straight from IRS. Form 966 is “a report of financial interest” and is the one that most taxpayers are generally familiar with, so we will focus on it briefly. It is actually a report of income, not cash. An “interest” is reported to the IRS once a year. The income amount for each year is the balance of each return and interest that the taxpayer has received from the U.S.
Form 966 is filed electronically by the taxpayer; it is not filed by personal service (such as a letter). On a paper form, the taxpayer makes a list of the amounts of cash and other assets or income amounts that have been sent to the IRS by third parties. For tax years before 1994, the IRS has an elaborate system for filing such information electronically called the Federal File Schedules. For these tax years, Form 966 is a separate Schedule 9 (return) for each interest that the taxpayer received during that tax year.
Form 966 is filed “with all forms that the taxpayer may want to file.” For example, if a taxpayer received a 30,000 bill from a bank, the taxpayer could mail the forms to the bank with an attached Form 965, but that doesn't get that money to the IRS and the government will still file a 3-10 year Form 966 (for each interest the taxpayer has received). So the most convenient way to send information electronically to the IRS is to mail Form 966. Note that in 2018 forms are only required to be sent electronically during the Tax year. In the past, it was sufficient just to mail the required forms as they were required after filing.
Once Form 965 has been completed, the IRS may electronically mail the Form 967 (interest statement) to pay the interest on which the tax year is based. A Form 967 must be sent before filing a refund claim of tax on the interest. That could also include a claim for refund if the interest was paid in a prior year.
When it comes to the computation of interest you will want to take into account any changes that may have been made to the computation of interest for 2016 by the regulations known as “Rev. Pro. 2016-35.” This regulation makes several changes that may raise the interest amount for the first two years.
How many people fill out Form 966 each year?
A. Form 966 is required by a variety of U.S. tax filers. It is required if you are a nonresident alien living in the U.S. or are an employee of a foreign person, not a U.S. shareholder. Form 966 is also required by the IRS if you are a nonresident alien who is taxed on a worldwide basis.
How to Prepare Form 966
Complete Form 966 using the instructions provided. You should submit it to the IRS and include your Form 966 with your return or pay the tax with a Form 1040x. If there is an extension of time to file, do not file Form 966 until the extension is over.
Include any adjustments you claim on the return.
Do not include in the Form 966 adjustments made to a prior year's income.
Do not include in the Form 966 changes in a taxpayer's filing status or amount and amounts withdrawn from or deposited to an IRA or Roth IRA.
When filing Form 966, attach copies on paper, if possible, of the information about earnings, investments, losses, and deductions that you furnished on Form 4684, Statement of Personal Income, Expensing, and Deduction for Businesses.
You may have multiple income tax withholding allowances on the same income. Fill out Form 966 for each withholding allowance you have. If you have paid more tax in a year than you paid in any of the previous two years, attach “W” and “W-X” (for the year with taxes paid) separately to Form 966.
Form 966 is designed to give you a detailed statement of total income and taxes paid to the IRS. You should review Form 966 carefully. If there are any mistakes, it is necessary to correct those in your return or return with your tax assistant who prepares Form 941. The IRS will not make corrections or give a copy of any return or report to anyone except the person to whom a false return has been filed. You may want to review the tax return or return information given on Form 941 if you are claiming an adjustment on Form 941.
For information on how to correct Form 966 problems, refer to the instructions for the version of Form 966 for Forms 1040X, 1040A, 1040, and 1120 when the filing status is married filing separately.
Is there a due date for Form 966?
Form 966 may be used to claim an exemption from income tax for the year for which the Form 966 is filed, provided certain requirements are met. However, it should be noted that because an amount is taken off federal income tax liability in the form of a refund, a Form 966 is not an accurate representation of net taxable income in the year.
Can I claim an exemption to income taxes from the year I am born?
You cannot claim an exemption from income taxes for the year you are born. See Is there a due date for Form 8993? For more information on this topic.