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Contents

Publication 595 Introduction ........................................ 1


Cat. No. 15171E
Department Important Changes for 2000 ............. 2
of the
Treasury Tax Highlights Important Dates for 2001 ...................

What Is Gross Income From


2

Internal
Revenue
Service for Commercial Fishing? .......................................

Which Fishing Expenses Can You


Deduct? ........................................
2

Fishermen What Forms Must You File? .............

When Do Fishermen Pay Estimated


3

Tax and File Tax Returns? ......... 5


For use in preparing What Is the Capital Construction
Fund? ........................................... 7
2000 Returns How To Claim Fuel Tax Credits and
Refunds ........................................ 9

Schedule C Example .......................... 10

How To Get Tax Help ......................... 11

Index .................................................... 14

Introduction
This publication highlights some special tax
rules that may apply to you if you have your
own fishing trade or business. Those who
have their own fishing trade or business in-
clude the following persons.

• Fishing boat owners or operators who


use their boats to fish for profit.
• Certain fishermen who work for a share
of the catch.
• Other individuals who receive gross in-
come from fishing.
Generally you report your profit or loss
from fishing on Schedule C or Schedule
C–EZ of Form 1040. An example with a
filled-in Schedule C shown near the end of
this publication provides details on how to
complete this form.
This publication does not contain all of
the tax rules that may apply to your fishing
trade or business. For general information
about the federal tax laws that apply to indi-
viduals who file Schedule C or C–EZ, see
Publication 334, Tax Guide for Small Busi-
ness. If your trade or business is a partner-
ship or corporation, see Publication 541,
Partnerships, or Publication 542, Corpo-
rations.
If you are just starting out in a fishing
business or you need information on
RECORDS keeping books and records, also see

Publication 583, Starting a Business and


Keeping Records.

Please note that this publication uses the


term “fisherman” because it is the commonly
accepted term in the fishing industry. In the
following discussions it represents both men
and women.

Comments and suggestions. We welcome


your comments about this publication and
your suggestions for future editions.
You can e-mail us while visiting our web
site at www.irs.gov/help/email2.html.
You can write to us at the following ad-
dress:
February 28
Fishing boat operators. Use Form 1096, What Is Gross Income
Internal Revenue Service Annual Summary and Transmittal of U.S.
Technical Publications Branch Information Returns, to send Copy A of From Fishing?
W:CAR:MP:FP:P Forms 1099–MISC to IRS. Gross income from fishing includes amounts
1111 Constitution Ave. NW you receive from catching, taking, harvesting,
Washington, DC 20224 March 1 cultivating, or farming any of the following
Fishermen. If at least two-thirds of your aquatic resources.
We respond to many letters by telephone.
Therefore, it would be helpful if you would gross income for either 1999 or 2000 was
from fishing, you can file your 2000 Form • Fish.
include your daytime phone number, includ-
ing the area code, in your correspondence. 1040 by this date and pay your tax in full • Shellfish (such as clams and mussels).
without penalty.
• Crustacea (such as lobsters, crabs, and
April 16 shrimp).
• Sponges.
Important Changes Fishermen. If you have not filed your Form
1040, you should file it by April 16 and pay • Seaweeds.
for 2000 your tax in full. If you need more time to
file, you can request an extension of time • Other aquatic forms of animal or vegeta-
to file with Form 4868, Application for Au- ble life.
Paid preparer authorization. Beginning with tomatic Extension of Time To File U.S.
your return for 2000, you can check a box and Individual Income Tax Return, or you can You will generally figure your gross in-
authorize the IRS to discuss your tax return get an extension by Internet or phone if come from fishing in Part I of Schedule C
with the paid preparer who signed it. If you you pay part or all of your estimate of in- (Form 1040). For more information on
check the “Yes” box in the signature area of come tax due by direct debit or credit card. Schedule C, see Schedule C (Form 1040)
your return, the IRS can call your paid under What Forms Must You File?, later.
preparer to answer any questions that may More information. For more information on
arise during the processing of your return. important dates, see Due Dates for Qual-
ified Fishermen and Due Dates for Non- Wages. Wages you receive as an employee
Also, you are authorizing your paid preparer in a fishing business are not gross income
to perform certain actions. See your income qualified Fishermen, later.
from fishing. This includes wages you receive
tax package for details. from a corporation even if you are a share-
Useful Items holder in the corporation.
Photographs of missing children. The You may want to see: If you work on a boat with an operating
Internal Revenue Service is a proud partner crew that is normally made up of fewer than
with the National Center for Missing and Ex- Publication 10 individuals, you may be considered a
ploited Children. Photographs of missing self-employed individual instead of an em-
children selected by the Center may appear 䡺 15 Circular E, Employer's Tax Guide ployee. As a self-employed individual you
in this publication on pages that would other- may receive gross income from fishing. For
䡺 15–A Employer's Supplemental Tax more information, see Which fishermen are
wise be blank. You can help bring these
children home by looking at the photographs Guide considered self-employed? under Form
and calling 1–800–THE–LOST (1–800–843– 䡺 15–B Employer's Tax Guide to Fringe 1099–MISC, later.
5678) if you recognize a child. Benefits
Patronage dividends. Patronage dividends
䡺 334 Tax Guide for Small Business you receive from your fishing business activ-
䡺 378 Fuel Tax Credits and Refunds ities are generally included in your gross in-
come from fishing. However, do not include
Important Dates 䡺 463 Travel, Entertainment, Gift, and in gross income amounts you receive from a
Car Expenses
for 2001 cooperative association relating to the pur-
chase of capital assets or depreciable prop-
䡺 505 Tax Withholding and Estimated
This section highlights important due dates for erty used in your fishing business. You must
Tax
fishermen for the 2001 calendar year. For reduce the basis of these assets by the divi-
other important dates, see Publication 509, 䡺 533 Self-Employment Tax dends.
Tax Calendars for 2001.
䡺 535 Business Expenses
Fuel tax credits and refunds. You may
January 16 䡺 583 Starting a Business and Keeping have to include fuel tax credits and refunds
Records you receive from your fishing business activ-
Fishermen. If at least two-thirds of your
ities in your gross income from fishing. For
gross income for either 1999 or 2000 was 䡺 946 How To Depreciate Property more information, see Including the Credit or
from fishing, you may want to pay at least
Refund in Income under How To Claim Fuel
two-thirds of your 2000 tax by this date, Form (and Instructions) Tax Credits and Refunds, later.
using Form 1040–ES, to meet your esti-
mated tax requirement for 2000. This will 䡺 Schedule C (Form 1040) Profit or Loss
allow you to wait until April 16 to file your From Business
2000 Form 1040 and pay any remaining
tax without penalty. See March 1, later, if
you do not pay two-thirds of your tax by
䡺 Schedule C–EZ (Form 1040) Net Profit
From Business
Which Fishing
this date.
䡺 1040–ES Estimated Tax for Individuals Expenses Can
If less than two-thirds of your gross
income is from fishing, you generally must 䡺 1099–MISC Miscellaneous Income You Deduct?
make quarterly estimated tax payments.
䡺 2210–F Underpayment of Estimated Tax You can generally deduct your ordinary and
See Due Dates for Nonqualified Fisher-
by Farmers and Fishermen necessary fishing expenses as business ex-
men, later.
penses in Part II of the Schedule C (Form
䡺 4136 Credit for Federal Tax Paid on 1040). An ordinary fishing expense is one
January 31 Fuels that is common and accepted in a fishing
Fishing boat operators. Fishing boat oper- trade or business. A necessary fishing ex-
䡺 8849 Claim for Refund of Excise Taxes
ators must give a 2000 Form 1099–MISC, pense is one that is helpful and appropriate
Miscellaneous Income, to certain crew See How To Get Tax Help near the end for a fishing trade or business. An expense
members who were self-employed. of this publication for information about get- does not have to be indispensable to be
ting publications and forms. considered necessary.
Page 2
The following discussions give a brief Tax home. Generally, your tax home is
overview of three types of business expenses your regular place of business, regardless of
that are of special interest to fishermen: de-
preciation, travel, and transportation ex-
where you maintain your family home. It in-
cludes the entire city or general area in
What Forms Must
penses. Business expenses that most small which your fishing business is located. You File?
businesses share are listed in Part II of
Schedule C. For more information on busi- Commuting expenses. You cannot If you have a fishing trade or business, you
ness expenses, see Publication 535. You ! deduct the costs of traveling between
CAUTION your home and your main or regular
may need to file the following forms.
may also find general information on specific
business expenses in Publication 334. place of business. These costs are personal
commuting expenses. You cannot deduct
commuting expenses no matter how far your Schedule C (Form 1040)
Depreciation home is from your regular place of business. Use Schedule C (Form 1040) to figure your
You cannot deduct commuting expenses net profit or loss from a fishing business you
If property you acquire to use in your business even if you work during the trip.
has a useful life that extends substantially operate or a trade you practice as a self-
beyond the year it is placed in service, you employed individual. To figure your net profit
generally cannot deduct the entire cost as a or loss, subtract your deductible fishing ex-
business expense in the year you acquire it. penses from your gross income from fishing.
You must spread the cost over more than one File Schedule C with your Form 1040.
tax year and deduct part of it each year. This Travel expenses. For tax purposes, travel
method of deducting the cost of business expenses are the ordinary and necessary You may be able to use the simpler
property is called depreciation. Use Form costs of traveling away from home for your TIP Schedule C–EZ (Form 1040) instead
4562, Depreciation and Amortization, to re- business, profession, or job. You are traveling of Schedule C if you made a profit and
port depreciation. away from home if you meet the following had fishing expenses of $2,500 or less. For
Publication 946 contains the rules you will requirements. more information, see Part I of Schedule
use to depreciate certain property. The fol- C–EZ.
lowing list highlights items that are of special 1) Your duties require you to be away from
interest to fishermen. the general area of your tax home (de-
fined earlier) substantially longer than an
ordinary day's work.
• Fishing boats. You can generally de- Who is self-employed? You are self-
preciate a fishing boat used in your fish- 2) You need to get sleep or rest to meet the employed if you own an unincorporated busi-
ing trade or business as 7-year property demands of your work while away from ness or practice a trade by yourself. You do
using Modified Accelerated Cost Recov- home. not have to carry on regular full-time business
ery System (MACRS) depreciation.
activities to be self-employed. Your trade or
• Nets, pots, and traps. You can generally Meals – limited deduction. You can gener- business may consist of part-time work, in-
depreciate a net, pot, or trap used in your ally deduct only 50% of the costs of the fol- cluding work you do on the side in addition to
fishing trade or business as 7-year prop- lowing meals. your regular job.
erty using MACRS depreciation. How- If you work on a fishing boat with an op-
ever, if based on your own experience, • Meals you provide to either employees erating crew that is normally made up of fewer
you determine that any of these items or self-employed individuals who provide than 10 individuals, you may be considered
will not be used for more than one year services to your fishing trade or business. self-employed. For more information, see
in your business, you may be able to Which fishermen are considered self-
deduct the cost as a business expense. • Your own meals while you are traveling employed? under Form 1099–MISC, later.
away from home for business. What is a trade or business? A trade
• Repair or improvement. If a repair or or business is generally an activity that is your
replacement increases the value of your Exceptions to meal deduction limit. livelihood or that you do in good faith to make
property, makes it more useful, or You can deduct the full costs of the following a profit. The facts and circumstances of each
lengthens its life, it is an improvement. meals. case determine whether or not an activity is
You must depreciate its cost. If the repair a trade or business. Regularity of activities
or replacement does not increase the and transactions and the production of in-
value of your property, make it more • Meals that qualify as a de minimis fringe
benefit as discussed in chapter 2 of come are important elements. You do not
useful, or lengthen its life, it is a repair. need to actually make a profit to be in a trade
You deduct the cost as a business ex- Publication 15–B. This generally includes
meals you provide to employees at your or business as long as you have a profit mo-
pense. tive. You do need, however, to make ongoing
place of business if more than half of
these employees are provided the meals efforts to further the interests of your busi-
Section 179 deduction. Instead of depreci- for your convenience. ness.
ating property, you can choose to deduct a
limited amount (up to $20,000 for 2000) of the • Meals whose value you include in an
cost of certain depreciable property in the employee's wages. For more information, Husband and wife partners. You and your
year you buy it for use in your business. This see chapter 2 in Publication 15–B. spouse may operate a fishing business as a
deduction is known as the “section 179 de- • Meals whose value you include in the in- partnership. If you and your spouse join to-
duction.” For more information, see Publica- come of a self-employed individual who gether in the conduct of a business and share
tion 946. performs services for your business. You in the profits and losses, you have created a
must generally include the value of meals partnership. You and your spouse must report
you furnish to that individual in his or her the business income and expenses on Form
Travel and Transportation income. To deduct 100% of these meals, 1065, U.S. Return of Partnership Income. The
you must report their value on any Form income should not be reported on a Schedule
This section briefly explains some of the rules C. For more information, see Publication 541,
for deducting travel and transportation ex- 1099–MISC you must file to report your
payments for services. Partnerships.
penses. For more information about travel
and transportation expenses, see Publication • Meals you are required by federal law to Not-for-profit fishing. You must fish
463. That publication also explains what
records to keep.
furnish to crew members of certain com-
mercial vessels (or would be required to
! to make a profit in order to report your
CAUTION fishing income and expenses on
provide if the vessels were operated at Schedule C. You do not need to actually
Local transportation expenses. Local sea). make a profit as long as you are making a
transportation expenses include the ordinary good faith effort. If you are not fishing for
and necessary costs of getting from one The federal law that generally re- profit, report your fishing income and ex-
workplace to another in the course of your
business when you are traveling within the
! quires meals to be furnished to crew
CAUTION members of commercial vessels does
penses as explained under Not-for-Profit Ac-
tivities in chapter 1 of Publication 535.
city or general area that is your tax home. not apply to fishing vessels.
Page 3
Table 1. Employment Tax Treatment of Fishing Activities and Certain Fishermen
Treatment Under Employment Taxes

Social Security and Federal Unemployment


Activity or Person Income Tax Withholding Medicare Taxes Tax (FUTA)

a. Catching salmon or halibut. Withhold unless c. applies. Taxable unless c. applies. Taxable unless c. applies.
b. Catching other fish, sponges, Withhold unless c. applies. Taxable unless c. applies. Taxable if vessel is more
etc. than 10 net tons and c. does
not apply.
c. Individual considered Exempt Exempt Exempt
self-employed (see Which
fishermen are considered
self-employed?, below).
d. Native Americans exercising Exempt Exempt Exempt
fishing rights.

More information. For specific information Optional methods. You can generally use More information. For more information on
on completing Schedule C, see Schedule C one of the optional methods in Part II of Long self-employment tax, see Publication 533.
Example and the filled-in Schedule C, later. Schedule SE (Section B) when you have a
loss or a small amount of net income from
self-employment and any of the following ap- Form 1099–MISC
Schedule SE (Form 1040) ply. This form provides information the IRS re-
Use Schedule SE (Form 1040) to report and quires, other than taxes due. File Form
figure your self-employment tax. See Self- 1099–MISC for each person to whom you
employment tax (SE tax), later. Most fisher- • You want to receive credit for social se-
curity benefit coverage. have paid the following during the year.
men can use Short Schedule SE (Section A)
to figure their self-employment tax. You must • You incurred child or dependent care • A share of your catch (or a share of the
file Schedule SE with your Form 1040 if you expenses for which you could claim a proceeds from the sale of your catch) to
were self-employed and your net earnings credit (this method will increase your an individual who is not your employee
from self-employment were $400 or more. earned income, which could increase (self-employed). For information about
your credit for these expenses). individuals considered to be self-
Even if you do not have to file
employed, see Which fishermen are
TIP Schedule SE, it may be to your benefit • You are entitled to the earned income considered self-employed?, later.
to file it and use an optional method credit (this method will increase your
in Part II of Long Schedule SE (Section B). earned income, which could increase • At least $600 in rents, services, and other
For more information, see Optional methods, your earned income credit). income payments in your fishing trade or
later. business to an individual who is not your
employee (self-employed).
Self-employment tax (SE tax). The SE tax Estimated tax. You may have to pay esti- • Cash payments of at least $600 to a
is a social security and Medicare tax for indi- mated tax. This depends on how much in- commercial fisherman for the purchase
viduals who work for themselves. It is similar come and SE taxes you expect for the year of fish for resale. See the instructions for
to the social security and Medicare taxes and how much of your income will be subject Form 1099–MISC for definitions of
withheld from the pay of wage earners. to withholding tax. The SE tax is treated, and “cash” and “fish” and for information
collected, as part of the income tax. For more about the recordkeeping requirements
Social security coverage. Your payments information, see When Do Fishermen Pay that apply to resale buyers.
of SE tax contribute to your coverage under Estimated Tax and File Tax Returns?, later.
the social security system. Social security
Which fishermen are considered self-
coverage provides you with retirement bene-
employed? Certain fishermen who work on
fits, disability benefits, survivor benefits, and Reporting self-employment tax. Figure a fishing boat are considered to be self-
hospital insurance (Medicare) benefits. Social your SE tax on Schedule SE. Then report the employed for purposes of employment and
security benefits are available to self- tax on line 52 of Form 1040 and attach self-employment taxes. A fisherman is con-
employed persons just as they are to wage Schedule SE to Form 1040. If you file a joint sidered self-employed if he meets all of the
earners. return and you both have SE income, each following conditions.
You must be insured under the social se- of you must complete a separate Schedule
curity system before you begin receiving so- SE. 1) He receives a share of the catch or a
cial security benefits. You are insured if you Husband-wife partnership. If you and share of the proceeds from the sale of
have the required number of credits (also your spouse operate a fishing business as a the catch.
called quarters of coverage). partnership, each of you should include your
respective share of SE income on a separate 2) His share depends on the amount of the
Earning credits in 2000 and 2001. For Schedule SE. catch.
2000, you receive one credit (up to a maxi- However, if your spouse is not your part- 3) He receives his share from a boat (or
mum of four credits) for each $780 ($830 for ner, but your employee, you must pay em- from each boat in the case of a fishing
2001) of income subject to social security. ployment taxes for him or her. For more in- operation involving more than one boat)
The maximum number of credits you can re- formation, see Employment Tax Forms, later. with an operating crew that is normally
ceive for the year is four. Therefore, for 2000, Self-employment tax deduction. You made up of fewer than 10 individuals.
if you had income (self-employment income can deduct one-half of your SE tax as a This requirement is considered to be met
and wages) of $3,120 that was subject to business expense in figuring your adjusted if the average number of crew members
social security taxes, you received four credits gross income. This deduction only affects on trips the boat made during the last 4
($3,120 ÷ $780). your income tax. It does not affect either your calendar quarters was less than 10.
For an explanation of the number of net earnings from self-employment or your
credits you must have to be insured and the SE tax. 4) He does not get any money for his work
benefits available to you and your family un- To deduct the tax, enter on Form 1040, (other than his share of the catch or of
der the social security program, consult your line 27, the amount shown on the “Deduction the proceeds from the sale of the catch),
nearest Social Security Administration (SSA) for one-half of self-employment tax” line of the unless the pay meets all of the following
office. Schedule SE. conditions.
Page 4
a) He does not get more than $100 than 10 individuals may be considered self- • Gross royalty income from Schedule E
per trip. employed. For more information, see Which (Form 1040), line 4.
fishermen are considered self-employed?
b) He is paid only if there is some under Form 1099–MISC, earlier. • Taxable net income from an estate or
minimum catch. trust, Schedule E (Form 1040), line 36.
c) He is paid solely for additional du- Table 1. See Table 1 for information on the • Income from a REMIC reported on
ties (such as for services performed special employment tax treatment of fishing Schedule E (Form 1040), line 38.
as mate, engineer, or cook) for activities and certain fishermen.
• Gross farm rental income from Form
which additional cash payments are 4835, line 7 (includes gross fishing in-
traditional in the fishing industry. come from Schedule E (Form 1040)).
Example 1. You hire a captain, a mate,
an engineer, a cook, and five other crew
When Do Fishermen • Gross farm income from Schedule F
(Form 1040), line 11.
members to work on your fishing boat. The Pay Estimated Tax • Your distributive share of gross income
proceeds from the sale of the catch offset
boat operating expenses such as bait, ice, and File Tax Returns? from a partnership or limited liability
company treated as a partnership from
and fuel. You divide 60% of the balance be- When you must pay estimated tax and file Schedule K–1 (Form 1065).
tween the captain, the mate, and the crew your tax return depends on whether you re-
members. You divide the other 40% between ceive at least two-thirds of your total gross • Your pro rata share of gross income from
yourself and the captain. The mate, the engi- income from fishing in the current or prior an S corporation from Schedule K–1
neer, and the cook also each receive an extra year. Gross income is discussed later. (Form 1120S).
$100 for each trip that brings back a certain • Unemployment compensation as re-
minimum catch. The crew members do not ported on Form 1099–G.
receive any additional pay between voyages, General Rule For Making
but they must do certain work, such as re- • Other income reported on Form 1040,
pairing nets, splicing cable, and transporting
Estimated Tax Payments line 21, not reported with any of the items
the catch. You must make estimated tax payments for listed above.
For purposes of employment and self- 2000 if you expect to owe at least $1,000 in
employment taxes, each crew member (in- tax for 2000, after subtracting your withhold-
cluding the captain, mate, engineer, and ing and credits, and you expect your with- Percentage From Fishing
cook) is considered self-employed. You must holding and credits to be less than the smaller Figure your gross income from all sources as
file Form 1099–MISC to report amounts you of the following. listed earlier. Then figure your gross income
pay to them. from fishing. Divide your fishing gross income
1) 90% of the tax to be shown on your 2000
tax return. by your total gross income to determine the
Example 2. The facts are the same as in percentage of gross income from fishing.
Example 1 except that all the crew members 2) 100% of the tax shown on your 1999 tax
but the captain receive an extra $100 for each return. Your 1999 tax return must cover Example 1. James Smith had the follow-
trip that brings back a certain minimum catch. all 12 months. ing total gross income and fishing gross in-
For purposes of employment and self- come in 2000.
employment taxes, the captain, the mate, the If at least two-thirds of your gross income for
engineer, and the cook are self-employed in- 1999 or 2000 is from fishing, substitute Gross Income
dividuals. The other five crew members who 662/3% for 90% in (1) above. Total Fishing
receive this extra payment in addition to the
Taxable interest ......................... $43,000
proceeds from the sale of the catch are em-
ployees. They are employees because the What Is Gross Income? Dividends ...................................
Rental income (Sch E) ..............
500
1,500
$100 payment is not paid solely for additional Gross income is all income you receive in the Fishing income (Sch C) ............ 75,000 $75,000
duties for which additional cash pay is tradi- form of money, goods, property, and services Schedule D ................................ 5,000
tional in the fishing industry. that is not exempt from tax. Gross income Total .......................................... $125,000 $75,000
is not the same as total income shown on
line 22 of Form 1040. On a joint return, you Schedule D showed gain from the sale of
Employment Tax Forms must add your spouse's gross income to your a rental house carried over from Form 4797
gross income. To decide whether two-thirds ($5,000) in addition to a loss from the sale of
You are generally required to withhold federal corporate stock ($2,000). However, that loss
income tax from the wages of your employ- of your gross income for 2000 was from fish-
ing, use as your gross income the total is not netted against the gain to figure Mr.
ees. You may also be subject to social secu- Smith's total gross income or his gross fishing
rity and Medicare taxes under the Federal amount of the following income (not loss)
items from your tax return. income. His gross fishing income is 60% of
Insurance Contributions Act (FICA) and fed- his total gross income ($75,000 ÷ $125,000
eral unemployment tax under the Federal = .60). Therefore, based on his 2000 income,
Unemployment Tax Act (FUTA). If you have • Wages, salaries, tips, etc.
he does not qualify to use the special esti-
employees, you will need to file forms to re- • Taxable interest. mated tax payment and return due dates for
port these employment taxes. For more in- 2000, discussed next. However, he does
• Ordinary dividends.
formation, see Publication 15. That publica- qualify if at least two-thirds of his 1999 gross
tion explains your tax responsibilities as an • Taxable refunds of state and local taxes.
income was from fishing.
employer. • Alimony received.
To help you determine whether the people Example 2. Assume the same facts as
working for you are your employees, see • Gross business income from Schedule in Example 1 except that Mr. Smith received
Publication 15–A. That publication has infor- C (Form 1040), line 7 (includes gross only $23,000, instead of $43,000, taxable in-
mation to help you determine whether an in- fishing income). terest. This made his total gross income
dividual is an independent contractor or an • Gross business receipts from Schedule $105,000. He qualifies to use the special es-
employee. C–EZ (Form 1040), line 1 (includes gross timated tax payment and return due dates
fishing income). discussed next, since 71.4% (at least two-
If you incorrectly classify an employee
thirds) of his gross income is from fishing
! as an independent contractor, you
CAUTION can be held liable for employment
• Capital gains from Form 1040, line 13,
and Schedule D (Form 1040). Losses ($75,000 ÷ $105,000 = .714).
taxes for that worker plus a penalty. cannot be netted against gains.
• Gains on sales of business property from Due Dates for
An independent contractor is someone Form 4797 and shown on Schedule D.
who is self-employed. You do not generally Qualified Fishermen
have to withhold or pay any taxes on pay- • Taxable IRA distributions, pensions, an- If at least two-thirds of your gross income for
ments to an independent contractor. nuities, and social security benefits. 1999 or 2000 was from fishing, you are a
Individuals you employ to work on a boat • Gross rental income from Schedule E qualified fisherman and can choose either of
that normally has an operating crew of fewer (Form 1040), line 3. the following options for your 2000 tax.
Page 5
Table 2. Estimated Tax for Fishermen If you file your return by April 16 and
TIP pay the bill within 21 calendar days
Start Here: (10 business days if the bill is
$100,000 or more) after the notice date, the
No Do you expect to owe IRS will not charge you interest on the pen-
$1,000 or more after alty.
subtracting your
withholding and credits? Do not ignore a penalty notice,

Yes
! even if you think it is in error. Oc-
CAUTION casionally, you may get a penalty no-
䊲 tice even though you filed your return on time,
Is at least 66 ⁄3% of
2
attached Form 2210–F, and met the gross
Yes No
all gross income in Follow general income from fishing test. If you receive a
current or prior year
䊳 estimated tax rules. penalty notice for underpaying estimated tax
from fishing? that you think is in error, write to the address
on the notice and explain why you think the
notice is in error. Include a computation,
䊲 similar to the one in Example 1 (under Per-
Do you expect Do you expect centage From Fishing, earlier), showing that
Estimated tax you met the gross income from fishing test.
your income tax your income tax
payment (your
withholding and No withholding and No No
Will you file required annual
credits to be at
䊳 credits to be at 䊳 and pay in full 䊳 payment) due
least 662⁄3% of least 100% of
by March 1*? January 15*
the tax shown the tax shown
(return due Other Filing Information
on your current on your prior
year return? year return?
Yes April 15*). for 2000
Payment date on holiday or weekend. If
Yes Yes
the last day for filing your return or making a
payment falls on a Saturday, Sunday, or legal
䊳 No estimated tax 䊴 holiday, your return or payment will be on time
if it is filed or made on the next business day.
䊳 requirement. 䊴 The actual filing and payment due dates pro-
vided in this publication generally reflect this
adjustment for Saturdays, Sundays, and legal
*If the due date falls on a Saturday, Sunday, or legal holiday, the payment will be on time if you make it on holidays.
the next business day.
Extension of time to file Form 1040. If you
• Make your required annual payment, Then file your return and pay any balance due do not choose to file your 2000 return by
discussed next, by January 16, 2001, and by the 15th day of the 4th month after the end March 1, 2001, the due date for your return
file your Form 1040 by April 16, 2001. of your tax year. will be April 16, 2001. However, you gener-
ally can get an automatic 4-month extension
• File your Form 1040 by March 1, 2001, of time to file your return. Your Form 1040
and pay all the tax due. You are not re- Due Dates for would then be due by August 15, 2001.
quired to make the annual payment. If You can get this extension in either of the
you pay all the tax due, you will not be Nonqualified Fishermen following ways.
penalized for failure to pay estimated tax. If less than two-thirds of your gross income
for 1999 and 2000 was from fishing, you 1) File a paper Form 4868, Application for
Required annual payment. If at least two- cannot use these special estimated tax pay- Automatic Extension of Time To File
thirds of your gross income for 1999 or 2000 ment and return due dates for your 2000 tax U.S. Individual Income Tax Return, by
was from fishing, the required annual pay- year. Instead, you should have made quar- April 16, 2001, showing an accurate es-
ment due by January 16, 2001, is the smaller terly estimated tax payments on April 17, timate of your 2000 tax liability. (The fil-
of the following amounts. June 15, and September 15, 2000, and on ing of Form 4868 does not extend the
January 16, 2001. You must file your return time to pay the tax.)
• 662/3% (.6667) of your total tax for 2000. by April 16, 2001. 2) Make an electronic payment of any part
If less than two-thirds of your gross in- of your estimate of income tax due by
• 100% of the total tax shown on your 1999 come for 2000 and 2001 is from fishing, you
return. (The return must cover all 12 April 16, 2001, using either of the fol-
cannot use these special estimated tax pay- lowing methods.
months.) ment and return due dates for your 2001 tax
year. You generally must make quarterly es- a) File Form 4868 electronically or by
2001 tax. If at least two-thirds of your timated tax payments on April 16, June 15, TeleFile and make a payment by
TIP gross income for 2000 or 2001 is from and September 17, 2001, and on January 15, authorizing a direct debit (automatic
fishing, for your 2001 tax, you can 2002. You must file your return by April 15, withdrawal) from your checking or
choose either of the following options. 2002. savings account.
For more information on estimated taxes, b) Make a credit card payment by
• Make your required annual payment by see Publication 505.
January 15, 2002, and file your Form phone or Internet.
1040 by April 15, 2002.
For more information, see the instructions for
• File your Form 1040 by March 1, 2002, Estimated Tax Penalty Form 4868.
and pay all the tax due. for 2000 This extension does not extend the
If you did not pay all your required estimated
tax for 2000 by January 16, 2001, or file your
! March 1, 2001, filing date for qualified
CAUTION fishermen who did not make the re-

2000 return and pay the tax by March 1, quired annual payment and want to avoid an
Fiscal year fishermen. If you qualify to use 2001, use Form 2210–F, Underpayment of estimated tax penalty. Therefore, if you did
these special rules but your tax year does not Estimated Tax by Farmers and Fishermen, to not make your required annual payment by
start on January 1, you can file your return determine if you owe a penalty. If you owe a January 16, 2001, and you file your tax return
and pay the tax by the first day of the 3rd penalty but do not file Form 2210–F with your after March 1, 2001, you will be subject to a
month after the close of your tax year. Or you return and pay the penalty, you will get a no- penalty for underpaying your estimated tax,
can make your required annual payment tice from the IRS. You should pay the penalty even if you get an extension of time to file
within 15 days after the end of your tax year. as instructed by the notice. Form 1040.
Page 6
Vessel weighing less than 5 tons. A a) The sale or other disposition of
small vessel, one weighing at least 2 net tons agreement vessels held for more
What Is the Capital but less than 5 net tons, must meet all the than 6 months.
following requirements to be considered eli-
Construction Fund? gible. The vessel must: b) Insurance or indemnity proceeds
attributable to agreement vessels
The Capital Construction Fund (CCF) is a
• Be built or rebuilt in the United States. held for more than 6 months.
special investment program administered by
the National Marine Fisheries Service • Be owned by a U.S. citizen. 2) Any capital gain from assets held in your
(NMFS) and the Internal Revenue Service CCF account for more than 6 months.
(IRS). This program allows fishermen to defer • Have a home port in the United States.
paying income tax on certain income they in- • Be used commercially in the fisheries of Ordinary income account. The ordinary in-
vest in a CCF account and later use to ac- the United States. come account consists of amounts attribut-
quire, build, or rebuild fishing vessels. able to the following items.
The following sections discuss CCF ac- Deferring tax on CCF deposits and
counts and the types of bookkeeping ac- earnings. You can use a CCF account to 1) Any earnings (without regard to the
counts that you must maintain when you in- defer income tax by taking the following carryback of any net operating or net
vest in a CCF account. They also discuss the actions. capital loss) from the operation of
income tax treatment of CCF deposits, agreement vessels in the fisheries of the
earnings, and withdrawals. • Making deposits to your CCF account. United States or in the foreign or do-
mestic commerce of the United States.
• Excluding from income tax deposits that
CCF Accounts are assigned to certain accounts (dis- 2) Any capital gain from the following
This section explains who can open a CCF cussed later). sources reduced by any capital losses
account and how to use the account to defer from assets held in your CCF account for
• Making withdrawals from your CCF ac- 6 months or less.
income tax. count when you acquire, build, or rebuild
fishing vessels. a) The sale or other disposition of
Opening a CCF account. If you are a U.S. agreement vessels held for 6
citizen and you own or lease one or more el- • Reducing the tax basis of fishing vessels
you acquire, build, or rebuild to months or less.
igible vessels (defined later), you can open a
CCF account. Before you open your CCF “recapture” the amounts that were previ- b) Insurance or indemnity proceeds
account, you must enter into an agreement ously excluded from tax. attributable to agreement vessels
with the Secretary of Commerce through the held for 6 months or less.
NMFS. This agreement will establish the fol- Reporting requirements. Beginning
lowing. TIP with the tax year in which you estab- c) Any capital gain from assets held in
lished your agreement, you must re- your CCF account for 6 months or
• Agreement vessels. These are any eli- port annual deposit and withdrawal activity to less.
gible vessels contained in the agreement the NMFS on NOAA Form 34–82. This form
3) Any ordinary income (such as depreci-
that will be the basis for the deferral of is due within 30 days after you file your fed-
ation recapture) from either of the fol-
income tax. eral income tax return even if no deposits or
lowing sources.
withdrawals are made. For more information,
• Planned use of withdrawals. The use contact the NMFS at the address or phone a) The sale or other disposition of
of the money in your CCF account to number given earlier. agreement vessels.
acquire, build, or rebuild a vessel is a
planned use of withdrawals. b) Insurance or indemnity proceeds
• CCF depository. This is where your CCF attributable to agreement vessels.
funds will be held. 4) Any interest (not including tax-exempt
Types of Accounts You interest from state and local bonds),
You can request an application kit or Must Maintain Within a CCF most dividends, and other ordinary in-
get additional information from NMFS come earned on the assets in your CCF
at the following address. This section discusses the three types of
bookkeeping accounts you must maintain account.
CCF Program when you invest in a CCF account. Your total
Financial Services Division (F/SF2) CCF deposits and earnings for any given year
NOAA/National Marine Fisheries Service are limited to the amount that can be attri- Tax Treatment of CCF
1315 East-West Highway, 13th Floor buted for that year to these three accounts. Deposits
Silver Spring, MD 20910–3282 This section explains the tax treatment of in-
Capital account. The capital account con- come that you use as the basis for CCF de-
sists primarily of amounts attributable to the posits.
You can call NMFS to request an ap- following items.
plication kit or get additional informa-
tion at (301) 713–2393. The fax Capital gains. Do not report on your income
1) Allowable depreciation deductions for
number is (301) 713–1306. tax return any transaction that produces a
agreement vessels.
capital gain if you deposit the net proceeds
2) Any nontaxable return of capital from ei- into your CCF account. This treatment applies
Eligible vessels. There are two types of
ther (a) or (b), below. to either of the following transactions.
vessels that may be considered eligible, those
weighing 5 tons or more and those weighing a) The sale or other disposition of
less than 5 tons. For each type, certain re-
• The sale or other disposition of an
agreement vessels. agreement vessel.
quirements must be met.
Vessel weighing 5 tons or more. This b) Insurance or indemnity proceeds • The receipt of insurance or indemnity
is a vessel that must meet all the following attributable to agreement vessels. proceeds attributable to an agreement
requirements to be considered eligible. The 3) Any tax-exempt interest earned on state vessel.
vessel must be: or local bonds in your CCF account.
Depreciation recapture. Do not report on
• Built or rebuilt in the United States. Capital gain account. The capital gain ac- your income tax return any transaction that
• Documented under the laws of the United count consists of amounts attributable to the produces depreciation recapture if you de-
States. following items reduced by any capital losses posit the net proceeds into your CCF account.
from assets held in your CCF account for This treatment applies to either of the follow-
• Used commercially in the fisheries of the ing transactions.
United States. more than 6 months.

• Operated in the foreign or domestic 1) Any capital gain from either of the fol- • The sale or other disposition of an
commerce of the United States. lowing sources. agreement vessel.
Page 7
• The receipt of insurance or indemnity ment to your tax return to list the payers and Nonqualified Withdrawals
proceeds attributable to an agreement the amounts and to identify the capital gains
A nonqualified withdrawal from a CCF ac-
vessel. as “CCF account earnings.”
count is generally any withdrawal that is not
a qualified withdrawal. Qualified withdrawals
Earnings from operations. Report earnings Interest and dividends. Do not report on are defined under Qualified Withdrawals,
from the operation of agreement vessels on your income tax return any ordinary income earlier.
your Schedule C or C–EZ (Form 1040) even (such as interest and dividends) you earn on
if you deposit part of these earnings into your the assets in your CCF account. However, Examples. Examples of nonqualified with-
CCF account. Subtract any part of the you should attach a statement to your return drawals include the following amounts from
earnings that you deposited into your CCF to list the payers and the amounts and to the ordinary income account or the capital
account from the amount that you would identify them as “CCF account earnings.” gain account.
normally enter as taxable income on line 39 If you are required to file Schedule B
(Form 1040). In the margin to the left of line (Form 1040), you can add these earnings to • Amounts remaining in a CCF account
39, write “CCF” and the amount of these de- the list of payers and amounts on line 1 or line upon termination of your agreement with
posits. Do not deduct these CCF deposits on 5 and identify them as “CCF earnings.” Then NMFS.
Schedule C or C–EZ (Form 1040). subtract the same amounts from the list and
identify them as “CCF deposits.”
• Amounts you withdraw and use to make
If you deposit earnings from oper- principal payments on the mortgage of a
Tax-exempt interest. Do not report on
vessel if the basis of that vessel and the
! ations into your CCF account and you
CAUTION must complete other forms such as
your federal income tax return tax-exempt in-
terest from state or local bonds you held in
bases of other vessels you own have al-
Form 6251 or a worksheet for Schedule D, ready been reduced to zero.
your CCF account. You are not required to
you will need to make an extra computation. report this interest on line 8b of Form 1040. • Amounts determined by IRS to cause
When the other form instructs you to use the your CCF account balance to exceed the
amount from line 37, Form 1040, do not use amount that is appropriate to meet your
that amount. Instead, add lines 38 and 39, Tax Treatment of CCF planned use of withdrawals. (You will
Form 1040, and use that amount. generally be given 3 years to revise your
Withdrawals plans to cover this excess balance.)
Self-employment tax. You must use your This section discusses the tax treatment of
amounts you withdraw from your CCF ac- • Amounts you leave in your account for
net profit or loss from your fishing business more than 25 years. (There is a gradu-
to figure your self-employment tax. Do not count during the year.
ated schedule under which the percent-
reduce your net profit or loss by any earnings age that is applied to determine the
from operations you deposit into your CCF Qualified Withdrawals amount of the nonqualified withdrawal
account. increases from 20% in the 26th year to
A qualified withdrawal from a CCF account is
one that is approved by NMFS for either of 100% in the 30th year.)
Partnerships and S corporations.
TIP The deduction for partnership the following uses.
How to determine the source of nonqual-
earnings from operations that are de- ified withdrawals. When you make a non-
posited into a CCF account is separately • Acquiring, building, or rebuilding qualified
qualified withdrawal from your CCF account,
stated on Schedule K (Form 1065), line 11, vessels (defined next).
the amount you withdraw is treated as being
and allocated to the partners on Schedule • Making principal payments on the mort- made in the following order from your ac-
K–1 (Form 1065), line 11. gage of a qualified vessel. counts.
The deduction for S corporation earnings
that are deposited is separately stated on • First, from the ordinary income account.
Schedule K (Form 1120S), line 10, and allo- Qualified vessel. This is any vessel that
cated to the shareholders on Schedule K–1 meets all the following requirements. • Second, from the capital gain account.
(Form 1120S), line 10. • Third, from the capital account.
• The vessel was built or rebuilt in the
United States. Paying tax on nonqualified withdrawals.
• The vessel is documented under the laws In general, nonqualified withdrawals are taxed
of the United States. separately from your other gross income and
Nontaxable return of capital. Do not report at the highest marginal tax rate in effect for
on your income tax return any transaction that • The person maintaining the CCF account the year of withdrawal. However, nonqualified
produces a nontaxable return of capital if you agrees with the Secretary of Commerce withdrawals that are treated as made from the
deposit the net proceeds into your CCF ac- that the vessel will be operated in the capital gain account are taxed at a rate that
count. This treatment applies to either of the United States foreign, Great Lakes, or cannot exceed 20% for individuals and 34%
following transactions. noncontiguous domestic trade or in the for corporations.
fisheries of the United States.
• The sale or other disposition of an Partnerships and S corporations.
agreement vessel. How to determine the source of qualified TIP Taxable nonqualified partnership
withdrawals. When you make a qualified withdrawals are separately stated on
• The receipt of insurance or indemnity withdrawal, the amount you withdraw is Schedule K (Form 1065), line 24, and allo-
proceeds attributable to an agreement cated to the partners on Schedule K–1 (Form
treated as being made in the following order
vessel. 1065), line 25. Taxable nonqualified with-
from your accounts.
drawals by an S corporation are separately
• First, from the capital account. stated on Schedule K (Form 1120S), line 21,
Tax Treatment of CCF and allocated to the shareholders on Sched-
Earnings • Second, from the capital gain account. ule K–1 (Form 1120S), line 23.
This section explains the tax treatment of the • Third, from the ordinary income account.
earnings from the assets in your CCF account
when the earnings are redeposited or left in Excluding qualified withdrawals from tax. Interest. You must pay interest on the addi-
your account. However, if you choose to Do not report on your income tax return any tional tax due to nonqualified withdrawals that
withdraw the earnings in the year earned, you qualified withdrawals from your CCF account. are treated as made from either the ordinary
must generally pay income tax on them. income account or the capital gain account.
Reducing the tax basis of acquired, built, The interest period begins on the last date for
Capital gains. Do not report on your income or rebuilt vessels. You must reduce the paying tax for the tax year for which you de-
tax return any capital gains from the sale of depreciable basis of fishing vessels you ac- posited the amount that you withdrew from
capital assets held in your CCF account. This quire, build, or rebuild when you make a your CCF account. The period ends on the
includes capital gain distributions reported to qualified withdrawal that is treated as made last date for paying tax for the tax year in
you on Form 1099–DIV or a substitute state- from either the capital gain account or the which you make the nonqualified withdrawal.
ment. However, you should attach a state- ordinary income account. The interest rate on the nonqualified with-
Page 8
drawal is simple interest. The rate is subject When to claim a credit. You can claim a fuel
to change annually and published in the
Nontaxable Uses tax credit on your income tax return for the
Federal Register. This section discusses the nontaxable uses year you used the fuels.
that are of particular interest to fishermen. For
The current interest rate can also be information about credits and refunds for fuels Once you have filed a Form 4136, you
obtained by calling NMFS at (301) used for nontaxable uses not discussed in ! cannot file an amended return to
CAUTION show an increase in the number of
713–2393. this section, see Publication 378.
gallons of fuel reported on a line of that form.
See the following discussion for when you
Interest deduction. You can deduct the Commercial fishing. You may be eligible to
can file a claim on an amended return.
interest you pay on a nonqualified withdrawal claim a credit or refund of excise tax on gas-
as a trade or business expense. oline used in a boat engaged in commercial
fishing. Fuel tax claim on amended return. You
Boats engaged in commercial fishing in- may be able to make a fuel tax claim on an
Reporting the additional tax and interest. clude only watercraft used in taking, catching, amended return for the year you used the
Attach a statement to your income tax return processing, or transporting fish, shellfish, or fuel. Generally, if you are allowed to file an
to show your computation of both the tax and other aquatic life for commercial purposes, amended return, you must file it by the later
interest on a nonqualified withdrawal. Include such as selling or processing the catch, on a of 3 years from the date you filed your original
the tax and interest on the nonqualified with- specific trip basis. They include boats used in income tax return or within 2 years from the
drawal on line 57 of Form 1040. To the left both fresh and salt water fishing. They do not time you paid the income tax. A return filed
of line 57, write the amount of tax and interest include boats used for both sport fishing and early is considered to have been filed on the
and “CCF.” commercial fishing on the same trip. due date.
You can file an amended return to claim
Fuel used in aircraft to locate fish is a fuel tax credit if any of the following apply.
Tax benefit rule. If any portion of your non-
qualified withdrawal is properly attributable to !
CAUTION
not fuel used in commercial fishing.
• You did not claim any credit for fuel taxes
contributions (not earnings on the contribu- on Form 4136 for the tax year.
tions) you made to the CCF account that did
not reduce your tax liability for any tax year Off-highway business use. You may be • Your credit is for gasohol blending, as
prior to the withdrawal year, the following tax eligible to claim a credit or refund of excise discussed in Publication 378.
treatment applies. tax on fuel if you use the fuel in an off- • Your credit is for a claim group, explained
highway business use. next, for which you did not previously file
• The part that did not reduce your tax li- What is off-highway business use? a claim on Form 4136 for the tax year.
ability for any year prior to the withdrawal Off-highway business use is any use of fuel
year is not taxed. in a trade or business or in any income- Claims on Form 4136 (other than for gas-
producing activity. It does not include use in ohol blending) are separated into seven claim
• That part is allowed as a net operating a highway vehicle registered or required to groups. Once you file Form 4136 with a claim
loss deduction. be registered for use on public highways. for a group, you cannot file an amended re-
Off-highway business use includes fuels used turn with another claim for that group. How-
in the following ways. ever, you can file an amended return with a
More Information claim for another group.
This section briefly discussed the CCF pro- • In stationary engines to operate genera- Claim group table. The following table
gram. For more detailed information, see the tors, compressors, and similar equip- shows which claims are in each group. The
following legislative authorities. ment. numbers in the second column refer to the
• For cleaning purposes. line numbers on Form 4136. The numbers in
the third column are from the Type of Use
• Section 607 of the Merchant Marine Act Table in the Form 4136 instructions.
of 1936, as amended (46 U.S.C. 1177). Do not consider any use in a boat as
• Chapter 2, Part 259 of title 50 of the Code !
CAUTION
an off-highway business use. Group Line No. Type of Use
of Federal Regulations (50 C.F.R., Part I 1b, 1d-f, 2b 1
259).
II 1a, 1d-f 2
• Subchapter A, Part 3 of title 26 of the How To Claim 2a See line instructions
Code of Federal Regulations (26 C.F.R.,
Part 3).
a Credit or Refund III 1c-f 5, 7
This section tells you when and how to claim IV 1c-f, 2b 3, 4, 9
• Section 7518 of the Internal Revenue a credit or refund of excise taxes on fuels you V 3c, 7 5, 7
Code (IRC 7518). use for a nontaxable use.
VI 3a-b, 4, 5, 6 See line instructions
The application kit you can obtain from NMFS VII 2b 10
Credit or refund. A credit is an amount that
at the address or phone number given earlier For each tax year, you can make only one
reduces the tax on your income tax return
may contain copies of some of these sources claim for each group.
when you file it at the end of the year. If you
of additional information.
meet certain requirements (discussed later),
you can claim a refund during the year in- Example. You file your income tax return
stead of waiting until you file your tax return. and claim a fuel tax credit. Your Form 4136
shows an amount on line 1c for use of gaso-
line in a boat engaged in commercial fishing.
How To Claim Fuel Credit only. The following taxes can only
be claimed as a credit. This is a Group IV claim. You cannot amend
your return to claim a credit for an amount on
Tax Credits and • Tax on fuels you used for nontaxable
line 1d for use of gasohol in a boat engaged
in commercial fishing (Type of Use 4), since
Refunds uses if the total for the tax year is less that is also a Group IV claim. However, if you
than $750. used the gasohol in an off-highway business
You may be eligible to claim a credit on your
income tax return for federal excise tax im- • Tax on fuel you did not include in any use, you can amend your return to claim the
posed on certain fuels used for a nontaxable claim for refund previously filed for the tax credit for that fuel tax because that would be
use. You may also be eligible to claim a year. a Group II claim reported on line 1d (Type of
quarterly refund of the fuel taxes during the Use 2).
year, instead of waiting to claim a credit on
your income tax return. Claiming a Credit How to claim a credit. As an individual, you
Instead of paying the fuel tax and filing for You make a claim for credit on Form 4136 claim the credit on line 64 of Form 1040.
a credit or refund, you may be able to buy and attach it to your income tax return. Do Check box “b” on line 64. If you would not
certain fuel tax free. For more information, not claim a credit for any amount for which otherwise have to file an income tax return,
see How To Buy Fuel Tax Free, later. you have filed a refund claim. you must do so to get a fuel tax credit.
Page 9
Claiming a Refund Table 3. Sample Exemption Certificate
You can file a claim for refund for any quarter
of your tax year for which you can claim $750 EXEMPTION CERTIFICATE
or more. This amount is the excise tax on all
(To support vendor’s claim for credit or payment under section 6421 of the Internal Revenue Code)
fuels used for any nontaxable use during that
quarter or any prior quarter (for which no
other claim has been filed) during the tax
year. Name and Address of Seller
If you cannot claim at least $750 at the
end of a quarter, you carry the amount over The undersigned buyer (“Buyer”) hereby certifies the following under penalties of
to the next quarter of your tax year to deter- perjury:
mine if you can claim at least $750 for that A. Buyer will use the gasoline to which this certificate relates in a boat engaged in
quarter. If you cannot claim at least $750 at commercial fishing.
the end of the fourth quarter of your tax year,
you must claim a credit on your income tax B. Buyer bought or will buy the gasoline to which this certificate relates from the above
return, using Form 4136. Only one claim can named seller at a price that does not include the excise tax.
be filed for a quarter.
C. This certificate applies to the following (complete as applicable):
Form 8849. You make a claim for a refund 1. If this is a single purchase certificate, check here and enter the number
on Form 8849. File the claim by filling out of gallons of gasoline
Schedule 1 (Form 8849) and attaching it to
Form 8849. Send it to the address shown in 2. If this is a certificate covering all purchases, check here .
the instructions. ■ If Buyer uses the gasoline to which this certificate relates for a use other than
stated in the certificate, Buyer will so notify the person to whom Buyer gives this
When to file a quarterly claim. You must certificate.
file a quarterly claim by the last day of the first
quarter following the last quarter included in ■ Buyer has not and will not claim a refund or credit under section 6421 of the Internal
the claim. If you do not file a timely refund Revenue Code for the excise tax on the gasoline to which this certificate relates.
claim for the fourth quarter of your tax year, ■ Buyer understands that the fraudulent use of this certificate may subject Buyer
you will have to claim a credit for that amount and all parties making such fraudulent use of this certificate to a fine or
on your income tax return, as discussed ear- imprisonment, or both, together with the costs of prosecution.
lier.

Including the Credit Signature and Date Signed


or Refund in Income
Include any credit or refund of excise taxes Printed or Typed Name and Title of Buyer
on fuels in your gross income if you included
the cost of the fuel as an expense deduction
that reduced your income tax liability. Name, Address, and Taxpayer Identification Number of Buyer
If you use the cash method of accounting
and file a claim for refund, include the refund You do not need to renew the certificate as Part I—Income
in your gross income for the tax year in which long as the information it contains continues
you receive the refund. If you claim a credit Frank figures his gross income from fishing
to be correct. An acceptable exemption cer-
on your income tax return, include the credit in Part I.
tificate is shown in Table 3.
in gross income for the tax year in which you
file Form 4136. If you file an amended return Line 1. Frank had sales of $60,288 for the
and claim a credit, include the credit in gross year. This includes all the fish he caught and
income for the tax year in which you receive sold during the year. He enters his total sales
the credit. Schedule C Example on line 1.

Example. Ed Brown, a cash basis fish- Frank Carter is a sole proprietor who owns Line 3. Because Frank did not have any re-
erman, filed his 1999 Form 1040 on March and operates a fishing boat. He uses the cash turns and allowances to report on line 2, line
1, 2000. On his Schedule C, Ed deducted the method of accounting and files his return on 3 is the same as line 1.
total cost of gasoline (including $110 of excise a calendar year basis. He keeps his business
taxes) used in his boat while engaged in records with a single-entry bookkeeping sys-
Line 5. Because Frank did not have any cost
commercial fishing operations. Then, on tem, similar to the sample record system il-
of goods sold to report on line 4, line 5 is the
Form 4136, Ed claimed the $110 as a credit. lustrated in Publication 583.
same as line 3.
Ed reports the $110 as additional income on Frank has two crew members, Bill Brown
his 2000 Schedule C. and Joe Green, who are considered self-
employed for social security, Medicare, and Line 6. Frank's entry of $712 represents a
federal income tax withholding purposes. Af- $612 patronage dividend he received from his
local cooperative and a $100 fuel tax credit
How To Buy Fuel Tax Free ter certain boat operating expenses are paid,
he claimed on the 1999 Form 1040 he filed
the proceeds from the sale of the catch are
Instead of paying the fuel tax and filing a on March 1, 2000. The patronage dividend
divided 75% to Frank and 25% to his crew
claim for credit or refund when the fuel is used was reported to him on Form 1099–PATR,
members.
for a nontaxable use, you may be eligible to Taxable Distributions Received From Coop-
Frank figures his net profit or loss from his
buy it tax free. eratives.
fishing business by subtracting his fishing
expenses from his gross income from fishing
Gasoline. Your supplier may be able to sell on Schedule C. He then reports the net profit Line 7. Frank's gross income from fishing
you gasoline at a tax-free price only for use or loss on line 12, Form 1040. includes his gross profit from line 5 and his
in a boat engaged in commercial fishing. other income from line 6.
Your supplier may be eligible to claim a
credit or refund of the excise tax on the gas-
oline sold to you at a tax-free price. Refer Schedule C (Form 1040) Part II—Expenses
your supplier to Credits and Refunds under First, Frank fills in the information required at Frank enters his fishing expenses in Part II.
Gasoline in Publication 510, Excise Taxes for the top of Schedule C. On line A, he enters
2001, for details. “Fishing” and on line B, he enters 114110, the Line 10. Frank used his truck 80% for busi-
To buy gasoline at a tax-free price, give 6-digit business code for commercial fishing ness during the year. He spent a total of $505
your supplier a signed certificate identifying shown in the instructions for Schedule C. He for gas, oil, insurance, tags, repairs, and up-
you and stating how you will use the gasoline. then completes items C through H. keep. He can deduct $404 (80% × $505), the
Page 10
business portion of these expenses, on line protecting your rights and resolving problems Phone. Many services are available
10. that have not been fixed through normal by phone.
channels. While Taxpayer Advocates cannot
Line 13. Frank enters $6,534 depreciation change the tax law or make a technical tax
from Form 4562 (not shown). decision, they can clear up problems that re- • Ordering forms, instructions, and publi-
sulted from previous contacts and ensure that cations. Call 1–800–829–3676 to order
Line 15. Frank's $3,291 deduction is for in- your case is given a complete and impartial current and prior year forms, instructions,
surance on his business property (80% of his review. and publications.
truck insurance is included on line 10). The To contact your Taxpayer Advocate:
• Asking tax questions. Call the IRS with
deduction is only for premiums that give him
• Call the Taxpayer Advocate at your tax questions at 1–800–829–1040.
coverage for the year.
1–877–777–4778. • TTY/TDD equipment. If you have access
Line 16b. Frank had borrowed money to buy • Call the IRS at 1–800–829–1040. to TTY/TDD equipment, call 1–800–829–
his fishing boat. The interest on this loan was 4059 to ask tax questions or to order
$800 for the year. • Call, write, or fax the Taxpayer Advocate forms and publications.
office in your area.
• TeleTax topics. Call 1–800–829–4477 to
Line 20b. His rent for his mooring space was • Call 1–800–829–4059 if you are a listen to pre-recorded messages covering
$50 a month, or $600 for the year. TTY/TDD user. various tax topics.

Line 21. He spent $3,600 for boat repairs For more information, see Publication Evaluating the quality of our telephone
and $993 for gear repairs for a total cost of 1546, The Taxpayer Advocate Service of the services. To ensure that IRS representatives
$4,593. IRS. give accurate, courteous, and professional
answers, we evaluate the quality of our tele-
Line 22. He spent $1,713 for galley supplies phone services in several ways.
Free tax services. To find out what services
and $4,751 for bait and ice for a total cost of are available, get Publication 910, Guide to
$6,464. Free Tax Services. It contains a list of free tax • A second IRS representative sometimes
publications and an index of tax topics. It also monitors live telephone calls. That person
Line 23. Frank renewed his fishing license. describes other free tax information services, only evaluates the IRS assistor and does
He enters the $35 state fee on this line. including tax education and assistance pro- not keep a record of any taxpayer's name
grams and a list of TeleTax topics. or tax identification number.
Line 26. Frank paid his crew members total • We sometimes record telephone calls to
crew shares of $10,992 for the year. He does Personal computer. With your per- evaluate IRS assistors objectively. We
not include any amount he paid to himself or sonal computer and modem, you can hold these recordings no longer than one
withdrew from the business for his own use. access the IRS on the Internet at week and use them only to measure the
www.irs.gov. While visiting our web site, you quality of assistance.
Line 27. Frank enters the total of his other can select:
fishing expenses on this line. These expenses • We value our customers' opinions.
are not included on lines 8–26. He lists the • Frequently Asked Tax Questions (located Throughout this year, we will be survey-
type and the amount of the expenses sepa- under Taxpayer Help & Ed) to find an- ing our customers for their opinions on
rately in Part V of page 2 (not shown) and swers to questions you may have. our service.
carries the total entered on line 48 to line 27.
• Forms & Pubs to download forms and
His only entry on this line is the $6,367 he
publications or search for forms and
spent on fuel for his fishing boat.
publications by topic or keyword.
Line 28. Frank adds all his expenses listed • Fill-in Forms (located under Forms & Walk-in. You can walk in to many
in Part II and enters the total on this line. Pubs) to enter information while the form post offices, libraries, and IRS offices
is displayed and then print the completed to pick up certain forms, instructions,
Line 29. He subtracts his total expenses, form. and publications. Also, some libraries and IRS
$40,080 (line 28) from his gross income from offices have:
• Tax Info For You to view Internal Reve-
fishing, $61,000 (line 7). Frank has a tentative nue Bulletins published in the last few
profit of $20,920. years. • An extensive collection of products avail-
able to print from a CD-ROM or photo-
Line 30. Frank did not use any part of his • Tax Regs in English to search regulations copy from reproducible proofs.
home for business, so he does not make an and the Internal Revenue Code (under
United States Code (USC)). • The Internal Revenue Code, regulations,
entry here. Internal Revenue Bulletins, and Cumula-
• Digital Dispatch and IRS Local News Net tive Bulletins available for research pur-
Line 31. Frank has a net profit of $20,920 (both located under Tax Info For Busi- poses.
(line 29 minus line 30). He enters his net profit ness) to receive our electronic newslet-
here, on line 12 of Form 1040, and on line 2, ters on hot tax issues and news.
Section A of Schedule SE (Form 1040), not
shown. • Small Business Corner (located under
Tax Info For Business) to get information
on starting and operating a small busi-
ness.
Mail. You can send your order for
How To Get Tax Help You can also reach us with your computer forms, instructions, and publications
to the Distribution Center nearest to
You can get help with unresolved tax issues, using File Transfer Protocol at ftp.irs.gov.
you and receive a response within 10 work-
order free publications and forms, ask tax days after your request is received. Find the
questions, and get more information from the address that applies to your part of the
IRS in several ways. By selecting the method country.
that is best for you, you will have quick and
easy access to tax help. TaxFax Service. Using the phone
• Western part of U.S.:
attached to your fax machine, you can
Western Area Distribution Center
Contacting your Taxpayer Advocate. If you receive forms and instructions by
Rancho Cordova, CA 95743–0001
have attempted to deal with an IRS problem calling 703–368–9694. Follow the directions
unsuccessfully, you should contact your Tax- from the prompts. When you order forms, • Central part of U.S.:
payer Advocate. enter the catalog number for the form you Central Area Distribution Center
The Taxpayer Advocate represents your need. The items you request will be faxed to P.O. Box 8903
interests and concerns within the IRS by you. Bloomington, IL 61702–8903
Page 11
• Eastern part of U.S. and foreign ad- • Current tax forms, instructions, and pub- by calling 1–877–233–6767 or on the Internet
dresses: lications. at www.irs.gov/cdorders. The first release
Eastern Area Distribution Center is available in mid-December and the final
• Prior-year tax forms, instructions, and release is available in late January.
P.O. Box 85074 publications.
Richmond, VA 23261–5074 IRS Publication 3207, The Business Re-
• Popular tax forms which may be filled in source Guide, is an interactive CD-ROM that
electronically, printed out for submission, contains information important to small busi-
and saved for recordkeeping. nesses. It is available in mid-February. You
• Internal Revenue Bulletins. can get one free copy by calling
CD-ROM. You can order IRS Publi- 1–800–829–3676 or visiting the IRS website
cation 1796, Federal Tax Products on The CD-ROM can be purchased from at www.irs.gov/prod/bus_info/sm_bus/sm
CD-ROM, and obtain: National Technical Information Service (NTIS) bus-cd.html.

Page 12
OMB No. 1545-0074
SCHEDULE C Profit or Loss From Business
(Form 1040)

Department of the Treasury



(Sole Proprietorship)
Partnerships, joint ventures, etc., must file Form 1065 or Form 1065-B.
2000
Attachment
Internal Revenue Service (99) 䊳 Attach to Form 1040 or Form 1041. 䊳 See Instructions for Schedule C (Form 1040). Sequence No. 09
Name of proprietor Social security number (SSN)
FRANK CARTER 111 00 1111
A Principal business or profession, including product or service (see page C-1 of the instructions) B Enter code from pages C-7 & 8
FISHING 䊳 1 1 4 1 1 0
C Business name. If no separate business name, leave blank. D Employer ID number (EIN), if any
CAP’N FRANK’S 1 0 9 9 9 9 9 9 9
E Business address (including suite or room no.) 䊳 215 Seagull Drive
City, town or post office, state, and ZIP code Hometown, OR 97331
F Accounting method: (1) ⻫ Cash (2) Accrual (3) Other (specify) 䊳
G Did you “materially participate” in the operation of this business during 2000? If “No,” see page C-2 for limit on losses ⻫ Yes No
H If you started or acquired this business during 2000, check here 䊳

Part I Income
1 Gross receipts or sales. Caution. If this income was reported to you on Form W-2 and the “Statutory
employee” box on that form was checked, see page C-2 and check here 䊳 1 60,288
2 Returns and allowances 2
3 Subtract line 2 from line 1 3 60,288
4 Cost of goods sold (from line 42 on page 2) 4

5 Gross profit. Subtract line 4 from line 3 5 60,288


6 Other income, including Federal and state gasoline or fuel tax credit or refund (see page C-2) 6 712

7 Gross income. Add lines 5 and 6 䊳 7 61,000


Part II Expenses. Enter expenses for business use of your home only on line 30.
8 Advertising 8 19 Pension and profit-sharing plans 19
9 Bad debts from sales or 20 Rent or lease (see page C-4):
services (see page C-3) 9 a Vehicles, machinery, and equipment 20a
10 Car and truck expenses b Other business property 20b 600
(see page C-3) 10 404 21 Repairs and maintenance 21 4,593
11 Commissions and fees 11 22 Supplies (not included in Part III) 22 6,464
12 Depletion 12 23 Taxes and licenses 23 35
13 Depreciation and section 179 24 Travel, meals, and entertainment:
expense deduction (not included a Travel 24a
in Part III) (see page C-3) 13 6,534 b Meals and
14 Employee benefit programs entertainment
(other than on line 19) 14 c Enter nondeduct-
15 3,291 ible amount in-
15 Insurance (other than health) cluded on line 24b
16 Interest: (see page C-5)
a Mortgage (paid to banks, etc.) 16a d Subtract line 24c from line 24b 24d
b Other 16b 800 25 Utilities 25
17 Legal and professional 26 Wages (less employment credits) 26 10,992
services 17 27 Other expenses (from line 48 on
18 Office expense 18 page 2) 27 6,367
28 Total expenses before expenses for business use of home. Add lines 8 through 27 in columns 䊳 28 40,080

29 Tentative profit (loss). Subtract line 28 from line 7 29 20,920


30 Expenses for business use of your home. Attach Form 8829 30


31 Net profit or (loss). Subtract line 30 from line 29.
● If a profit, enter on Form 1040, line 12, and also on Schedule SE, line 2 (statutory employees,
see page C-5). Estates and trusts, enter on Form 1041, line 3. 31 20,920
● If a loss, you must go to line 32.


32 If you have a loss, check the box that describes your investment in this activity (see page C-5).
● If you checked 32a, enter the loss on Form 1040, line 12, and also on Schedule SE, line 2 32a All investment is at risk.
(statutory employees, see page C-5). Estates and trusts, enter on Form 1041, line 3. 32b Some investment is not
● If you checked 32b, you must attach Form 6198. at risk.
For Paperwork Reduction Act Notice, see Form 1040 instructions. Cat. No. 11334P Schedule C (Form 1040) 2000

Page 13
Index

Expenses, fishing ........................ 2 Return due date .......................... 5


A L
Assistance (See Tax help) Local transportation ..................... 3
F
Fishing boats, depreciation ......... 3 S
B Fishing expenses ........................ 2 M Schedule C (Form 1040) ............. 3
Business expenses, fishing ......... 2 Fishing, gross income ................. 2 Meals ........................................... 3 Schedule C–EZ (Form 1040) ...... 3
Business, or trade defined .......... 3 Form: More information (See Tax help) Schedule SE (Form 1040) .......... 4
1040–ES ................................. 5 Self-employed individuals ............ 3
1099–MISC ............................ 4 Self-employed, certain fishermen 4
2210–F ................................... 6 Self-employment tax .................... 4
C 4136 ....................................... 9 N Self-employment tax deduction ... 4
Capital construction fund ............. 7 4868 ....................................... 6 Nets, depreciation ....................... 3
Social security coverage ............. 4
Comments ................................... 1 8849 ..................................... 10 Not-for-profit fishing ..................... 3
Suggestions ................................. 1
Schedule C (Form 1040) ....... 3
Schedule C–EZ (Form 1040) . 3
D Schedule SE (Form 1040) ..... 4 P
Depreciation: Forms to file ................................ 3 Partners, husband and wife ........ 3
Fishing boats .......................... 3 Free tax services ....................... 11 Patronage dividends .................... 2
T
Fuel tax credits and refunds ....... 9 Tax help ..................................... 11
Nets, pots, and traps .............. 3 Penalty: Tax home .................................... 3
Due dates: Estimated tax ......................... 6 Taxpayer Advocate ................... 11
Nonqualified fishermen .......... 6 Notice ..................................... 6 Trade or business defined .......... 3
Qualified fishermen ................ 5 G Pots, depreciation ........................ 3 Transportation, local .................... 3
Gross income from fishing .......... 2 Publications (See Tax help) Traps, depreciation ...................... 3
Travel expenses .......................... 3
E TTY/TDD information ................ 11
Employment tax forms ................ 5 H R 䡵
Estimated tax ............................... 5 Help (See Tax help) Repairs and replacements .......... 3

Page 14
See How To Get Tax Help for a variety of ways to get publications, including by
Tax Publications for Business Taxpayers computer, phone, and mail.

General Guides 505 Tax Withholding and Estimated Tax 597 Information on the United States-
510 Excise Taxes for 2001 Canada Income Tax Treaty
1 Your Rights as a Taxpayer 598 Tax on Unrelated Business Income
17 Your Federal Income Tax (For 515 Withholding of Tax on Nonresident
Aliens and Foreign Corporations of Exempt Organizations
Individuals) 686 Certification for Reduced Tax Rates
334 Tax Guide for Small Business (For 517 Social Security and Other
Information for Members of the in Tax Treaty Countries
Individuals Who Use Schedule C or 901 U.S. Tax Treaties
C-EZ) Clergy and Religious Workers
527 Residential Rental Property 908 Bankruptcy Tax Guide
509 Tax Calendars for 2001 911 Direct Sellers
553 Highlights of 2000 Tax Changes 533 Self-Employment Tax
534 Depreciating Property Placed in 925 Passive Activity and At-Risk Rules
910 Guide to Free Tax Services 946 How To Depreciate Property
Service Before 1987
535 Business Expenses 947 Practice Before the IRS and Power
Employer’s Guides 536 Net Operating Losses (NOLs) for of Attorney
Individuals, Estates, and Trusts 954 Tax Incentives for Empowerment
15 Circular E, Employer’s Tax Guide Zones and Other Distressed
15-A Employer’s Supplemental Tax Guide 537 Installment Sales
538 Accounting Periods and Methods Communities
15-B Employer’s Tax Guide to Fringe 1544 Reporting Cash Payments of Over
Benefits 541 Partnerships
$10,000
51 Circular A, Agricultural Employer’s 542 Corporations
1546 The Taxpayer Advocate Service of
Tax Guide 544 Sales and Other Dispositions of the IRS
80 Circular SS, Federal Tax Guide For Assets
Employers in the U.S. Virgin Islands, 551 Basis of Assets
Guam, American Samoa, and the 556 Examination of Returns, Appeal Spanish Language Publications
Commonwealth of the Northern Rights, and Claims for Refund 1SP Derechos del Contribuyente
Mariana Islands 560 Retirement Plans for Small Business 579SP Cómo Preparar la Declaración de
179 Circular PR Guía Contributiva (SEP, SIMPLE, and Qualified Plans) Impuesto Federal
Federal Para Patronos 561 Determining the Value of Donated 594SP Comprendiendo el Proceso de Cobro
Puertorriqueños Property
850 English-Spanish Glossary of Words
926 Household Employer’s Tax Guide 583 Starting a Business and Keeping and Phrases Used in Publications
Records Issued by the Internal Revenue
Specialized Publications 587 Business Use of Your Home Service
(Including Use by Day-Care 1544SP Informe de Pagos en Efectivo en
225 Farmer’s Tax Guide Providers) Exceso de $10,000 (Recibidos en
378 Fuel Tax Credits and Refunds 594 The IRS Collection Process una Ocupación o Negocio)
463 Travel, Entertainment, Gift, and Car 595 Tax Highlights for Commercial
Expenses Fishermen

Commonly Used Tax Forms See How To Get Tax Help for a variety of ways to get forms, including by computer, fax, phone,
and mail. Items with an asterisk are available by fax. For these orders only, use the catalog number
when ordering.

Catalog Catalog
Form Number and Title Number Form Number and Title Number
W-2 Wage and Tax Statement 10134 1120S U.S. Income Tax Return for an S Corporation 11510
W-4 Employee’s Withholding Allowance Certificate* 10220 Sch D Capital Gains and Losses and Built-In Gains 11516
940 Employer’s Annual Federal Unemployment 11234 Sch K-1 Shareholder’s Share of Income, Credits, 11520
(FUTA) Tax Return* Deductions, etc.
940-EZ Employer’s Annual Federal Unemployment 10983 2106 Employee Business Expenses* 11700
(FUTA) Tax Return* 2106-EZ Unreimbursed Employee Business 20604
941 Employer’s Quarterly Federal Tax Return 17001 Expenses*
1040 U.S. Individual Income Tax Return* 11320 2210 Underpayment of Estimated Tax by 11744
Sch A & B Itemized Deductions & Interest and 11330 Individuals, Estates, and Trusts*
Ordinary Dividends* 2441 Child and Dependent Care Expenses* 11862
Sch C Profit or Loss From Business* 11334 2848 Power of Attorney and Declaration of 11980
Representative*
Sch C-EZ Net Profit From Business* 14374
Sch D Capital Gains and Losses* 11338 3800 General Business Credit 12392
Sch D-1 Continuation Sheet for Schedule D 10424 3903 Moving Expenses* 12490
Sch E Supplemental Income and Loss* 11344 4562 Depreciation and Amortization* 12906
Sch F Profit or Loss From Farming* 11346 4797 Sales of Business Property* 13086
Sch H Household Employment Taxes* 12187 4868 Application for Automatic Extension of Time To 13141
File U.S. Individual Income Tax Return*
Sch J Farm Income Averaging* 25513
5329 Additional Taxes Attributable to IRAs, Other 13329
Sch R Credit for the Elderly or the Disabled* 11359 Qualified Retirement Plans, Annuities, Modified
Sch SE Self-Employment Tax* 11358 Endowment Contracts, and MSAs*
1040-ES Estimated Tax for Individuals* 11340 6252 Installment Sale Income* 13601
1040X Amended U.S. Individual Income Tax Return* 11360 8283 Noncash Charitable Contributions* 62299
1065 U.S. Return of Partnership Income 11390 8300 Report of Cash Payments Over $10,000 62133
Sch D Capital Gains and Losses 11393 Received in a Trade or Business*
Sch K-1 Partner’s Share of Income, 11394 8582 Passive Activity Loss Limitations* 63704
Credits, Deductions, etc. 8606 Nondeductible IRAs* 63966
1120 U.S. Corporation Income Tax Return 11450 8822 Change of Address* 12081
1120-A U.S. Corporation Short-Form 11456 8829 Expenses for Business Use of Your Home* 13232
Income Tax Return

Page 15

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