U.S. Individual Income Tax Return

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Page 1 of 13 of 2009 Instructions for Schedule J

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Department of the Treasury
Internal Revenue Service

2009 Instructions for Schedule J
Use Schedule J (Form 1040) to elect to figure your 2009 income tax by averaging, over the
previous 3 years (base years), all or part of your 2009 taxable income from your trade or
Income
business of farming or fishing. This election may give you a lower tax if your 2009 income
from farming or fishing is high and your taxable income for one or more of the 3 prior years
Averaging for
was low.
In order to qualify for this election, you are not required to have been in the business of
farming or fishing during any of the base years.
Farmers and
You may elect to average farming or fishing income even if your filing status was not the
same in the election year and the base years.
Fishermen
This election does not apply when figuring your alternative minimum tax on Form 6251.
Also, you do not have to recompute, because of this election, the tax liability of any minor
child who was required to use your tax rates in the prior years.

General Instructions
Prior Year Tax Returns
You may need copies of your original or
amended income tax returns for 2006,
2007, and 2008 to figure your tax on
Schedule J.
If you need copies of your tax returns,
use Form 4506. There is a $57 fee (subject
to change) for each return requested. If
your main home, principal place of business, or tax records are located in a federally declared disaster area, this fee will be
waived. If you want a free transcript of
your tax return or account, use Form
4506-T. See your Form 1040 instruction
booklet to find out how to get these forms.
Keep a copy of your 2009 income tax
return to use for income averaging in 2010,
2011, or 2012.

Definitions
Farming business. A farming business is

the trade or business of cultivating land or
raising or harvesting any agricultural or
horticultural commodity. This includes:
1. Operating a nursery or sod farm;
2. Raising or harvesting of trees bearing
fruits, nuts, or other crops;
3. Raising ornamental trees (but not evergreen trees that are more than 6 years old
when severed from the roots);
4. Raising, shearing, feeding, caring for,
training, and managing animals; and
5. Leasing land to a tenant engaged in a
farming business, but only if the lease payments are (a) based on a share of the
tenant’s production (not a fixed amount),
and (b) determined under a written agree-

ment entered into before the tenant begins
significant activities on the land.
A farming business does not include:

• Contract harvesting of an agricultural

or horticultural commodity grown or raised
by someone else, or
• Merely buying or reselling plants or
animals grown or raised by someone else.

Fishing business. A fishing business is the

trade or business of fishing in which the
fish harvested, either in whole or in part,
are intended to enter commerce or enter
commerce through sale, barter, or trade.
This includes:
1. The catching, taking, or harvesting of
fish;
2. The attempted catching, taking, or
harvesting of fish;
3. Any other activity which can reasonably be expected to result in the catching,
taking, or harvesting of fish;
4. Any operations at sea in support of, or
in preparation for, any activity described in
(1) through (3) above;
5. Leasing a fishing vessel, but only if
the lease payments are (a) based on a share
of the catch (or a share of the proceeds from
the sale of the catch) from the lessee’s use
of the vessel in a fishing business (not a
fixed payment), and (b) determined under a
written lease entered into before the lessee
begins any significant fishing activities resulting in the catch; and
6. Compensation as a crew member on a
vessel engaged in a fishing business, but
only if the compensation is based on a share
of the catch (or a share of the proceeds from
the sale of the catch).

J-1
Cat. No. 25514J

The word fish means finfish, mollusks,
crustaceans, and all other forms of marine
animal and plant life other than marine
mammals and birds.
A fishing business does not include any
scientific research activity which is conducted by a scientific research vessel.
Settlement from Exxon Valdez litigation. You will be treated as engaged in a
fishing business with respect to any qualified settlement income you received if either of the following applies.
1. You were a plaintiff in the civil action
In re Exxon Valdez, No. 89-095-CV
(HRH) (Consolidated) (D.Alaska); or
2. All of the following apply.
a. You were a beneficiary of a plaintiff
described in (1) above,
b. You acquired the right to receive
qualified settlement income from that
plaintiff, and
c. You were the spouse or an immediate
relative of that plaintiff.

Qualified settlement income is any taxable interest and punitive damage awards
you received (whether as lump sums or periodic payments) in connection with the
Exxon Valdez civil action described above.
Qualified settlement income includes all
such awards, whether received before or after the judgment and whether related to a
settlement or a judgment.

Additional Information
See Pub. 225 and Regulations section
1.1301-1T for more information.

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Specific Instructions
Line 2a
Elected Farm Income
To figure your elected farm income, first
figure your taxable income from farming or
fishing. This includes all income, gains,
losses, and deductions attributable to your
farming or fishing business. If you conduct
both farming and fishing businesses, you
must figure your elected farm income by
combining income, gains, losses, and deductions attributable to your farming and
fishing businesses.
Elected farm income also includes any
gain or loss from the sale or other disposition of property regularly used in your
farming or fishing business for a substantial
period of time. However, if such gain or
loss is realized after cessation of the farming or fishing business, the gain or loss is
treated as attributable to a farming or fishing business only if the property is sold
within a reasonable time after cessation of
the farming or fishing business. A sale or
other disposition within one year of the cessation is considered to be within a reasonable time.
Elected farm income does not include
income, gain, or loss from the sale or other
disposition of land or from the sale of development rights, grazing rights, and other
similar rights.
You should find your income, gains,
losses, and deductions from farming or
fishing reported on different tax forms,
such as:
• Form 1040, line 7, or Form 1040NR,
line 8, income from wages and other compensation you received (a) as a shareholder
in an S corporation engaged in a farming or
fishing business or (b) as a crew member on
a vessel engaged in a fishing business (but
see Fishing business on page J-1);
• Form 1040, line 21, or Form 1040NR,
line 21, income from Exxon Valdez litigation;
• Form 1040, line 27, deduction for
one-half of self-employment tax, but only
to the extent that deduction is attributable
to your farming or fishing business;
• Form 1040, line 43, or Form 1040NR,
line 40, CCF reduction, except to the extent
that any earnings (without regard to the carryback of any net operating or net capital
loss) from the operation of agreement vessels in the fisheries of the United States or
in the foreign or domestic commerce of the
United States are not attributable to your
fishing business;
• Schedule C or C-EZ;
• Schedule D;
• Schedule E, Part II;
• Schedule F;
• Form 4797; and
• Form 4835.

Your elected farm income is the amount
of your taxable income from farming or
fishing that you elect to include on line 2a.
However, you do not have to include all of
your taxable income from farming or fishing on line 2a. It may be to your advantage
to include less than the entire amount, depending on how the amount you include on
line 2a affects your tax bracket for the current and prior 3 tax years.
Your elected farm income cannot exceed your taxable income.

Lines 2b and 2c
Complete lines 2b and 2c if the amount of
your elected farm income on line 2a includes net capital gain. Net capital gain is
the excess, if any, of net long-term capital
gain over net short-term capital loss.
Line 2b. Enter on line 2b the portion of
your elected farm income on line 2a treated
as a net capital gain. The amount you enter
on line 2b cannot exceed the smaller of
your total net capital gain or the net capital
gain attributable to your farming or fishing
business.
Line 2c. Enter on line 2c the smaller of
line 2b or the unrecaptured section 1250
gain attributable to your farming or fishing
business, if any.

Line 4
Figure the tax on the amount on line 3 using:
• The 2009 Tax Table, Tax Computation Worksheet, Qualified Dividends and
Capital Gain Tax Worksheet, or Foreign
Earned Income Tax Worksheet from the
2009 Instructions for Form 1040 or Form
1040NR; or
• The Schedule D Tax Worksheet in the
2009 Instructions for Schedule D.
Enter the tax on line 4.

Line 5
If you used Schedule J to figure your tax
for:
• 2008 (that is, you entered the amount
from the 2008 Schedule J, line 22, on line
44 of your 2008 Form 1040, on line 41 of
your 2008 Form 1040NR, or on Form
1040X for 2008), enter on line 5 the
amount from your 2008 Schedule J, line 11.
• 2007 but not 2008, enter on line 5 the
amount from your 2007 Schedule J, line 15.
• 2006 but not 2007 or 2008, enter on
line 5 the amount from your 2006 Schedule
J, line 3.
If you figured your tax for 2006, 2007,
and 2008 without using Schedule J, enter
on line 5 the taxable income from your
2006 tax return (or as previously adjusted
by the IRS, or corrected on an amended return). But if that amount is zero or less,

J-2

complete the worksheet on page J-3 to figure the amount to enter on line 5.
If you did not file a tax return for 2006,
use the amount you would have reported as
your taxable income had you been required
to file a tax return. Be sure to keep all your
records for 2006 for at least 3 years after
April 15, 2010 (or the date you file your
2009 tax return, if later).

Instructions for 2006 Taxable
Income Worksheet
Line 2. Any net capital loss deduction on

your 2006 Schedule D, line 21, is not allowed for income averaging purposes to the
extent it did not reduce your capital loss
carryover to 2007. This could happen if the
taxable income before subtracting exemptions — shown on your 2006 Form 1040,
line 41, or your 2006 Form 1040NR, line
38 (or as previously adjusted) — was less
than zero. Enter on line 2 the amount by
which your 2006 capital loss carryover to
2007 (the sum of your short- and long-term
capital loss carryovers) exceeds the excess
of the loss on your 2006 Schedule D, line
16, over the loss on your 2006 Schedule D,
line 21. If you had any net operating loss
(NOL) carrybacks to 2006, be sure you
refigured your 2006 capital loss carryover
to 2007.
Line 3. If you had an NOL for 2006, enter
the amount of that NOL from line 25 of the
2006 Form 1045, Schedule A, you filed
with Form 1045 or Form 1040X. If you did
not have an NOL for 2006, enter the portion, if any, of the NOL carryovers and carrybacks to 2006 that were not used in 2006
and were carried to years after 2006.
Example. John Farmington, who is single,

did not use income averaging for 2006,
2007, or 2008. For 2009, John has $18,000
of elected farm income on Schedule J, line
2a. The taxable income before subtracting
exemptions on his 2006 Form 1040, line
41, is $4,150. A deduction for exemptions
of $3,300 is shown on line 42, and line 43,
taxable income, is $850. However, John
had a $21,550 NOL for 2007, $9,000 of
which was remaining to carry to 2006 after
the NOL was carried back to 2005. To
complete line 1 of the 2006 Taxable Income Worksheet, John combines the
$9,000 NOL deduction with the $850 from
his 2006 Form 1040, line 43. The result is a
negative $8,150, John’s 2006 taxable income, which he enters as a positive amount
on line 1 of the 2006 Taxable Income
Worksheet.
When John filed his 2006 tax return, he
had a $3,000 net capital loss deduction on
Schedule D, line 21 (which was also entered on Form 1040, line 13), a $7,000 loss
on Schedule D, line 16, and a $4,000 capital loss carryover to 2007. However, when
John carried back the 2007 NOL ($9,000 of
which was carried to 2006), he refigured
his 2006 capital loss carryover to 2007 as
$7,000. John adds the $3,000 from Schedule D, line 21, and the $7,000 carryover. He
subtracts from the $10,000 result the

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$7,000 loss on his Schedule D, line 16, and
enters $3,000 on line 2 of the worksheet.
John had $850 of taxable income in
2006 that reduced the 2007 NOL carryback. The $3,300 exemption deduction
and $3,000 net capital loss deduction also
reduced the amount of the 2007 NOL car-

ryback. Therefore, only $1,850 was available to carry to 2008 and later years, as
shown on line 10 of his 2007 Form 1045,
Schedule B. John enters the $1,850 on line
3 of the worksheet, and $4,850 ($1,850 plus
the $3,000 line 2 amount) on line 4. He then
subtracts the $4,850 from the $8,150 on

2006 Taxable Income Worksheet—Line 5

line 1 and enters the result, $3,300, on line
5 of the worksheet. He enters a negative
$3,300 on Schedule J, line 5. He combines
that amount with the $6,000 on Schedule J,
line 6, and enters $2,700 on Schedule J, line
7.

Keep for Your Records

Complete this worksheet if you did not use Schedule J to figure your tax for both 2007 and 2008 and your 2006 taxable
income was zero or less. See the instructions that begin on page J-2 before completing this worksheet.
1. Figure the taxable income from your 2006 tax return (or as previously adjusted) without limiting it to
zero. If you had an NOL for 2006, do not include any NOL carryovers or carrybacks to 2006. Enter
the result as a positive amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. If there is a loss on your 2006 Schedule D, line 21, add that loss (as a positive
amount) and your 2006 capital loss carryover to 2007. Subtract from that sum the
amount of the loss on your 2006 Schedule D, line 16, and enter the result . . . . . . . 2.
3. If you had an NOL for 2006, enter it as a positive amount. Otherwise, enter as a
positive amount the portion, if any, of the NOL carryovers and carrybacks to 2006
that were not used in 2006 and were carried to years after 2006 . . . . . . . . . . . . . . 3.
4. Add lines 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. Subtract line 4 from line 1. Enter the result as a negative amount on Schedule J, line 5 . . . . . . . . . . .

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1.

4.
5.

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Line 8
If line 7 is zero, enter -0- on line 8. Otherwise, figure the tax on the amount on line 7
using:
• The 2006 Tax Rate Schedules below,
• The 2006 Qualified Dividends and
Capital Gain Tax Worksheet on the next
page,
• The 2006 Schedule D Tax Worksheet
in the 2006 Schedule D instructions (but
use the 2006 Tax Rate Schedules below

when figuring the tax on lines 34 and 36 of
the Schedule D Tax Worksheet), or
• The 2006 Foreign Earned Income Tax
Worksheet below.
If your elected farm income includes net
capital gain, you must use the 2006 Schedule D Tax Worksheet to figure the tax on
the amount on line 7. However, if you filed
Form 2555 or 2555-EZ for 2006, you must
first complete the 2006 Foreign Earned Income Tax Worksheet, and then use the

2006 Schedule D Tax Worksheet to figure
the tax on the amount on line 5 of that
worksheet.
When completing the Schedule D Tax
Worksheet, you must allocate 1/3 of the
amount on line 2b (and 1/3 of the amount
on line 2c, if any) to 2006. If for 2006 you
had a capital loss that resulted in a capital
loss carryover to 2007, do not reduce the
elected farm income allocated to 2006 by
any part of the carryover.

2006 Tax Rate Schedules—Line 8
Schedule X — Use if your 2006 filing status was Single or you checked
filing status box 1 or 2 on Form 1040NR
If Schedule J,
line 7, is:
Over —

But not
over —

$0
7,550
30,650
74,200
154,800
336,550

$7,550
30,650
74,200
154,800
336,550
.............

of the
amount
over —

Enter on
Schedule J,
line 8
...........
$755.00 +
4,220.00 +
15,107.50 +
37,675.50 +
97,653.00 +

10%
15%
25%
28%
33%
35%

$0
7,550
30,650
74,200
154,800
336,550

Schedule Y-2 — Use if your 2006 filing status was Married filing
separately or you checked filing status box 3, 4, or 5 on
Form 1040NR
If Schedule J,
line 7, is:
Over —
$0
7,550
30,650
61,850
94,225
168,275

But not
over —
$7,550
30,650
61,850
94,225
168,275
.............

of the
amount
over —

Enter on
Schedule J,
line 8
...........
$755.00 +
4,220.00 +
12,020.00 +
21,085.00 +
45,521.50 +

10%
15%
25%
28%
33%
35%

$0
7,550
30,650
61,850
94,225
168,275

Schedule Y-1 — Use if your 2006 filing status was Married filing
jointly or Qualifying widow(er) or you checked filing
status box 6 on Form 1040NR
Schedule Z — Use if your 2006 filing status was Head of household
If Schedule J,
line 7, is:
Over —

But not
over —

$0
15,100
61,300
123,700
188,450
336,550

$15,100
61,300
123,700
188,450
336,550
............

of the
amount
over —

Enter on
Schedule J,
line 8
...........
$1,510.00 +
8,440.00 +
24,040.00 +
42,170.00 +
91,043.00 +

10%
15%
25%
28%
33%
35%

$0
15,100
61,300
123,700
188,450
336,550

If Schedule J,
line 7, is:
Over —
$0
10,750
41,050
106,000
171,650
336,550

2006 Foreign Earned Income Tax Worksheet—Line 8

But not
over —
$10,750
41,050
106,000
171,650
336,550
.............

of the
amount
over —

Enter on
Schedule J,
line 8
...........
$1,075.00 +
5,620.00 +
21,857.50 +
40,239.50 +
94,656.50 +

10%
15%
25%
28%
33%
35%

$0
10,750
41,050
106,000
171,650
336,550

Keep for Your Records

Use this worksheet if you claimed the foreign earned income exclusion or the housing exclusion on your 2006 Form 1040
using Form 2555 or Form 2555-EZ.
1. Enter the amount from your 2009 Schedule J, line 7 . . . . . . . . . . . . . . . . . . . . 1.
2. Enter the amount from your (and your spouse’s, if
filing jointly) 2006 Form 2555, line 45, or Form
2555-EZ, line 18 . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.
3. Enter the total amount of any itemized deductions you
could not claim in 2006 because they were related to
excluded income . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.
4. Subtract line 3 from line 2. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . 4.
5. Combine lines 1 and 4. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . 5.
6. Tax on amount on line 5. Use the 2006 Tax Rate Schedules above, the 2006 Schedule D Tax
Worksheet,* or the 2006 Qualified Dividends and Capital Gain Tax Worksheet,* whichever
applies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7. Tax on amount on line 4. Use the 2006 Tax Rate Schedules above . . . . . . . . . . . . . . . . . . . . . . .
8. Subtract line 7 from line 6. Enter the result here and on your 2009 Schedule J, line 8 . . . . . . . . . .

6.
7.
8.

*Enter the amount from line 5 above on line 1 of the 2006 Qualified Dividends and Capital Gain Tax Worksheet on page J-5 or the 2006
Schedule D Tax Worksheet in the 2006 Schedule D instructions if you use either of those worksheets to figure the tax on line 6 above.
Complete the rest of either of those worksheets according to the worksheet’s instructions. Then complete lines 7 and 8 above.

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2006 Qualified Dividends and Capital Gain Tax Worksheet—Line 8

Keep for Your Records

Use this worksheet only if both of the following apply.
• Your elected farm income on your 2009 Schedule J, line 2a, does not include any net capital gain.
• You (a) entered qualified dividends on your 2006 Form 1040, line 9b (or your 2006 Form 1040A, line 9b, or 2006 Form
1040NR, line 10b); (b) entered capital gain distributions directly on your 2006 Form 1040, line 13 (or your 2006 Form
1040A, line 10, or 2006 Form 1040NR, line 14) and were not required to file Schedule D; or (c) filed Schedule D in 2006 and
you answered “Yes” on lines 17 and 20 of that Schedule D.
1. Amount from your 2009 Schedule J, line 7. If for 2006 you filed Form 2555 or
2555-EZ, enter the amount from line 5 of the worksheet on page J-4 . . . . . . . . . 1.
2. Amount from your 2006 Form 1040, line 9b (or your
2006 Form 1040A, line 9b, or 2006 Form 1040NR, line
10b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.
3. Did you file Schedule D in 2006?
Yes. Enter the smaller of line 15 or 16 of your
2006 Schedule D, but do not enter less than
-03.
No. Enter the amount from your 2006 Form 1040,
line 13 (or your 2006 Form 1040A, line 10,
or 2006 Form 1040NR, line 14)
4. Add lines 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4.
5. Amount, if any, from your 2006 Form 4952, line 4g . . . .
5.
6. Subtract line 5 from line 4. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . 6.
7. Subtract line 6 from line 1. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . 7.
8. Enter the smaller of:
• The amount on line 1, or
• $30,650 if single or married filing separately or if you
checked filing status box 1, 2, 3, 4, or 5 on Form 1040NR; . . . . . . . . . . . 8.
$61,300 if married filing jointly or qualifying widow(er),
or if you checked filing status box 6 on Form 1040NR;
$41,050 if head of household.
9. Is the amount on line 7 equal to or more than the amount on line 8?
Yes. Skip lines 9 through 11; go to line 12 and check the ‘‘No’’ box.
No. Enter the amount from line 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.
10. Subtract line 9 from line 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.
11. Multiply line 10 by 5% (.05) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11.
12. Are the amounts on lines 6 and 10 the same?
Yes. Skip lines 12 through 15; go to line 16.
No. Enter the smaller of line 1 or line 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.
13. Enter the amount from line 10 (if line 10 is blank, enter -0-) . . . . . . . . . . . . . . . 13.
14. Subtract line 13 from line 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14.
15. Multiply line 14 by 15% (.15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15.
16. Figure the tax on the amount on line 7. Use the 2006 Tax Rate Schedules on page J-4 . . . . . . . . . . .16.
17. Add lines 11, 15, and 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17.
18. Figure the tax on the amount on line 1. Use the 2006 Tax Rate Schedules on page J-4 . . . . . . . . . . .18.
19. Tax. Enter the smaller of line 17 or line 18 here and on your 2009 Schedule J, line 8. If for 2006
you filed Form 2555 or 2555-EZ, do not enter this amount on Schedule J, line 8. Instead, enter it on
line 6 of the worksheet on page J-4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19.

}

}

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Line 9
If you used Schedule J to figure your tax
for:
• 2008 (that is, you entered the amount
from the 2008 Schedule J, line 22, on line
44 of your 2008 Form 1040, on line 41 of
2008 Form 1040NR, or on Form 1040X for
2008), enter on line 9 the amount from your
2008 Schedule J, line 15.
• 2007 but not 2008, enter on line 9 the
amount from your 2007 Schedule J, line 3.
If you figured your tax for both 2007
and 2008 without using Schedule J, enter
on line 9 the taxable income from your
2007 tax return (or as previously adjusted
by the IRS or corrected on an amended return). But if that amount is zero or less,
complete the worksheet below to figure the
amount to enter on line 9.
If you did not file a tax return for 2007,
use the amount you would have reported as
your taxable income had you been required
to file a tax return. Be sure to keep all your
records for 2007 until at least 3 years after
April 15, 2010 (or the date you file your
2009 tax return, if later).

Instructions for 2007 Taxable
Income Worksheet
Line 2. Any net capital loss deduction on

your 2007 Schedule D, line 21, is not allowed for income averaging purposes to the
extent it did not reduce your capital loss
carryover to 2008. This could happen if the

taxable income before subtracting exemptions — shown on your 2007 Form 1040,
line 41, or your 2007 Form 1040NR, line
38 (or as previously adjusted) — was less
than zero. Enter on line 2 the amount by
which your 2007 capital loss carryover to
2008 (the sum of your short- and long-term
capital loss carryovers) exceeds the excess
of the loss on your 2007 Schedule D, line
16, over the loss on your 2007 Schedule D,
line 21. If you had any NOL carrybacks to
2007, be sure you refigured your 2007 capital loss carryover to 2008.
Line 3. If you had an NOL for 2007, enter
the amount of that NOL from line 25 of the
2007 Form 1045, Schedule A, you filed
with Form 1045 or Form 1040X. If you did
not have an NOL for 2007, enter the portion, if any, of the NOL carryovers and carrybacks to 2007 that were not used in 2007
and were carried to years after 2007.
Example. John Farmington did not use income averaging for 2006, 2007, or 2008.
The taxable income before subtracting exemptions on his 2007 Form 1040, line 41,
is a negative $29,900. A deduction for exemptions of $3,400 is shown on line 42,
and line 43, taxable income, is limited to
zero. John subtracts from the $29,900 loss
the $3,400 deduction for exemptions. The
result is a negative $33,300, John’s 2007
taxable income, which he enters as a positive amount on line 1 of the 2007 Taxable
Income Worksheet.

2007 Taxable Income Worksheet—Line 9

When John filed his 2007 tax return, he
had a $3,000 net capital loss deduction on
Schedule D, line 21 (which was also entered on Form 1040, line 13), and a $7,000
loss on Schedule D, line 16 (as adjusted).
He also had a $7,000 capital loss carryover
to 2008. John adds the $3,000 from Schedule D, line 21, and the $7,000 carryover. He
subtracts from the $10,000 result the
$7,000 loss on his Schedule D, line 16, and
enters $3000 on line 2 of the worksheet.
John enters $21,550 on line 3 of the
worksheet, the 2007 NOL from his 2007
Form 1045, Schedule A, line 25. Of the
$33,300 negative taxable income, the
$3,400 deduction for exemptions, the
$3,000 capital loss deduction, and his
$5,350 standard deduction were not allowed in figuring the NOL. John had a
$21,550 loss on his 2007 Schedule F, the
only other item on his 2007 tax return.
John enters $24,550 (the $3,000 line 2
amount plus the $21,550 line 3 amount) on
line 4 and $8,750 (the $33,300 line 1
amount minus the $24,550 line 4 amount)
on line 5. He enters $8,750 as a negative
amount on Schedule J, line 9. He enters
$6,000 on Schedule J, line 10, and a negative $2,750 on Schedule J, line 11. If he
uses Schedule J to figure his tax for 2010,
he will enter the negative $2,750 amount on
his 2010 Schedule J as his 2007 taxable income for income averaging purposes.

Keep for Your Records

Complete this worksheet if you did not use Schedule J to figure your tax for 2008 and your 2007 taxable income was zero or
less. See the instructions above before completing this worksheet.
1. Figure the taxable income from your 2007 tax return (or as previously adjusted) without limiting it to
zero. If you had an NOL for 2007, do not include any NOL carryovers or carrybacks to 2007. Enter
the result as a positive amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. If there is a loss on your 2007 Schedule D, line 21, add that loss (as a positive
amount) and your 2007 capital loss carryover to 2008. Subtract from that sum the
amount of the loss on your 2007 Schedule D, line 16, and enter the result . . . . . .
2.
3. If you had an NOL for 2007, enter it as a positive amount. Otherwise, enter as a
positive amount the portion, if any, of the NOL carryovers and carrybacks to 2007
that were not used in 2007 and were carried to years after 2007 . . . . . . . . . . . . .
3.
4. Add lines 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. Subtract line 4 from line 1. Enter the result as a negative amount on Schedule J, line 9 . . . . . . . . . . .

J-6

1.

4.
5.

Page 7 of 13 of 2009 Instructions for Schedule J

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Line 12
If line 11 is zero or less, enter -0- on line 12.
Otherwise, figure the tax on the amount on
line 11 using:
• The 2007 Tax Rate Schedules below,
• The 2007 Qualified Dividends and
Capital Gain Tax Worksheet on page J-8,
• The 2007 Schedule D Tax Worksheet
in the 2007 Schedule D instructions (but
use the 2007 Tax Rate Schedules below

when figuring the tax on the Schedule D
Tax Worksheet, lines 34 and 36), or
• The 2007 Foreign Earned Income Tax
Worksheet on page J-9.
If your elected farm income includes net
capital gain, you must use the 2007 Schedule D Tax Worksheet to figure the tax on
the amount on line 11. However, if you
filed Form 2555 or 2555-EZ for 2007, you
must first complete the 2007 Foreign
Earned Income Tax Worksheet, and then

2007 Tax Rate Schedules—Line 12

Keep for Your Records

Schedule X — Use if your 2007 filing status was Single or you checked
filing status box 1 or 2 on Form 1040NR
If Schedule J,
line 11, is:
Over —

But not
over —

$0
7,825
31,850
77,100
160,850
349,700

$7,825
31,850
77,100
160,850
349,700
.............

of the
amount
over —

Enter on
Schedule J,
line 12
...........
$782.50 +
4,386.25 +
15,698.75 +
39,148.75 +
101,469.25 +

10%
15%
25%
28%
33%
35%

$0
7,825
31,850
77,100
160,850
349,700

Schedule Y-1 — Use if your 2007 filing status was Married filing
jointly or Qualifying widow(er) or you checked filing
status box 6 on Form 1040NR
If Schedule J,
line 11, is:
Over —

But not
over —

$0
15,650
63,700
128,500
195,850
349,700

$15,650
63,700
128,500
195,850
349,700
............

of the
amount
over —

Enter on
Schedule J,
line 12
...........
$1,565.00 +
8,772.50 +
24,972.50+
43,830.50 +
94,601.00 +

10%
15%
25%
28%
33%
35%

use the 2007 Schedule D Tax Worksheet to
figure the tax on the amount on line 3 of
that worksheet.
When completing the Schedule D Tax
Worksheet, you must allocate 1/3 of the
amount on line 2b (and 1/3 of the amount
on line 2c, if any) to 2007. If for 2007 you
had a capital loss that resulted in a capital
loss carryover to 2008, do not reduce the
elected farm income allocated to 2007 by
any part of the carryover.

$0
15,650
63,700
128,500
195,850
349,700

Schedule Y-2 — Use if your 2007 filing status was Married filing
separately or you checked filing status box 3, 4, or 5 on
Form 1040NR
If Schedule J,
line 11, is:
Over —
$0
7,825
31,850
64,250
97,925
174,850

But not
over —
$7,825
31,850
64,250
97,925
174,850
.............

of the
amount
over —

Enter on
Schedule J,
line 12
...........
$782.50 +
4,386.25 +
12,486.25 +
21,915.25 +
47,300.50 +

10%
15%
25%
28%
33%
35%

$0
7,825
31,850
64,250
97,925
174,850

Schedule Z — Use if your 2007 filing status was Head of household
If Schedule J,
line 11, is:
Over —
$0
11,200
42,650
110,100
178,350
349,700

J-7

But not
over —
$11,200
42,650
110,100
178,350
349,700
.............

of the
amount
over —

Enter on
Schedule J,
line 12
...........
$1,120.00 +
5,837.50 +
22,700.00 +
41,810.00 +
98,355.50 +

10%
15%
25%
28%
33%
35%

$0
11,200
42,650
110,100
178,350
349,700

Page 8 of 13 of 2009 Instructions for Schedule J

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2007 Qualified Dividends and Capital Gain Tax Worksheet—Line 12

Keep for Your Records

Use this worksheet only if both of the following apply.
• Your elected farm income on your 2009 Schedule J, line 2a, does not include any net capital gain.
• You (a) entered qualified dividends on your 2007 Form 1040, line 9b (or your 2007 Form 1040A, line 9b, or 2007 Form
1040NR, line 10b); (b) entered capital gain distributions directly on your 2007 Form 1040, line 13 (or your 2007 Form
1040A, line 10, or 2007 Form 1040NR, line 14) and were not required to file Schedule D; or (c) filed Schedule D in 2007 and
you answered “Yes” on lines 17 and 20 of that Schedule D.
1. Amount from your 2009 Schedule J, line 11. If for 2007 you filed Form 2555 or
2555-EZ, enter the amount from line 3 of the worksheet on page J-9 . . . . . . . . . 1.
2. Amount from your 2007 Form 1040, line 9b* (or your
2007 Form 1040A, line 9b, or 2007 Form 1040NR, line
10b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.
3. Did you file Schedule D in 2007?*
Yes. Enter the smaller of line 15 or 16 of your
2007 Schedule D, but do not enter less than
-03.
No. Enter the amount from your 2007 Form 1040,
line 13 (or your 2007 Form 1040A, line 10,
or 2007 Form 1040NR, line 14)
4. Add lines 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4.
5. Amount, if any, from your 2007 Form 4952, line 4g . . . .
5.
6. Subtract line 5 from line 4. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . 6.
7. Subtract line 6 from line 1. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . 7.
8. Enter the smaller of:
• The amount on line 1, or
• $31,850 if single or married filing separately or if you
checked filing status box 1, 2, 3, 4, or 5 on Form 1040NR; . . . . . . . . . . . 8.
$63,700 if married filing jointly or qualifying widow(er)
or if you checked filing status box 6 on Form 1040NR;
$42,650 if head of household.
9. Is the amount on line 7 equal to or more than the amount on line 8?
Yes. Skip lines 9 through 11; go to line 12 and check the ‘‘No’’ box.
No. Enter the amount from line 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.
10. Subtract line 9 from line 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.
11. Multiply line 10 by 5% (.05) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11.
12. Are the amounts on lines 6 and 10 the same?
Yes. Skip lines 12 through 15; go to line 16.
No. Enter the smaller of line 1 or line 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.
13. Enter the amount from line 10 (if line 10 is blank, enter -0-) . . . . . . . . . . . . . . . 13.
14. Subtract line 13 from line 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14.
15. Multiply line 14 by 15% (.15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.
16. Figure the tax on the amount on line 7. Use the 2007 Tax Rate Schedules on page J-7 . . . . . . . . . . . 16.
17. Add lines 11, 15, and 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17.
18. Figure the tax on the amount on line 1. Use the 2007 Tax Rate Schedules on page J-7 . . . . . . . . . . . 18.
19. Tax. Enter the smaller of line 17 or line 18 here and on your 2009 Schedule J, line 12. If for 2007
you filed Form 2555 or 2555-EZ, do not enter this amount on Schedule J, line 12. Instead, enter it on
line 4 of the worksheet on page J-9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19.

}

}

*If for 2007 you filed Form 2555 or 2555-EZ, see the footnote in the worksheet on page J-9 before completing this line.

J-8

Page 9 of 13 of 2009 Instructions for Schedule J

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2007 Foreign Earned Income Tax Worksheet—Line 12

Keep for Your Records

Use this worksheet if you claimed the foreign earned income exclusion or housing exclusion on your 2007 Form 1040 using Form 2555 or
2555-EZ. However, if Schedule J, line 11, is zero or less do not complete this worksheet.
1. Enter the amount from your 2009 Schedule J, line 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. Enter the amount from your (and your spouse’s, if filing jointly) 2007 Form 2555, line 45, or Form 2555-EZ,
line 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. Add lines 1 and 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. Tax on the amount on line 3. Use the 2007 Tax Rate Schedules on page J-7, the 2007 Qualified Dividends
and Capital Gain Tax Worksheet on page J-8,* or the 2007 Schedule D Tax Worksheet in the 2007 Schedule D
instructions,* whichever applies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. Tax on the amount on line 2. Use the 2007 Tax Rate Schedules on page J-7. . . . . . . . . . . . . . . . . . . . . . . .
6. Subtract line 5 from line 4. Enter the result. If zero or less, enter -0-. Also include this amount on your 2009
Schedule J, line 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.
2.
3.

4.
5.
6.

*Enter the amount from line 3 above on line 1 of the 2007 Qualified Dividends and Capital Gain Tax Worksheet or the 2007 Schedule D Tax Worksheet if you
use either of those worksheets to figure the tax on line 4 above. Complete the rest of that worksheet through line 6 (line 10 if you use the Schedule D Tax
Worksheet). Next, you must determine if you had a capital gain excess. To find out if you had a capital gain excess, subtract the amount from your 2009
Schedule J, line 11, from line 6 of your 2007 Qualified Dividends and Capital Gain Tax Worksheet (line 10 of your 2007 Schedule D Tax Worksheet). If the
result is more than zero, that amount is your capital gain excess.
If you did not have a capital gain excess, complete the rest of either of those worksheets according to the worksheet’s instructions. Then complete lines 5 and
6 above.
If you had a capital gain excess, complete a second 2007 Qualified Dividends and Capital Gain Tax Worksheet or 2007 Schedule D Tax Worksheet
(whichever applies) as instructed above but in its entirety and with the following additional modifications. Then complete lines 5 and 6 above. These
modifications are to be made only for purposes of filling out the 2007 Foreign Earned Income Tax Worksheet above.
1. Reduce the amount you would otherwise enter on line 3 of your 2007 Qualified Dividends and Capital Gain Tax Worksheet or line 9 of your 2007
Schedule D Tax Worksheet (but not below zero) by your capital gain excess.
2. Reduce the amount you would otherwise enter on your 2007 Form 1040, line 9b, (but not below zero) by any of your capital gain excess not used in (1)
above.
3. Reduce the amount on your 2007 Schedule D (Form 1040), line 18, (but not below zero) by your capital gain excess.
4. Include your capital gain excess as a loss on line 16 of your 2007 Unrecaptured Section 1250 Gain Worksheet on page D-9 of the 2007 Instructions for
Schedule D (Form 1040).

J-9

Page 10 of 13 of 2009 Instructions for Schedule J

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Line 13
If you used Schedule J to figure your tax for
2008 (that is, you entered the amount from
the 2008 Schedule J, line 22, on line 44 of
your 2008 Form 1040, on line 41 of your
2008 Form 1040NR, or on Form 1040X for
2008), enter on line 13 the amount from
your 2008 Schedule J, line 3.
If you did not use Schedule J to figure
your tax for 2008, enter on line 13 the taxable income from your 2008 tax return (or
as previously adjusted by the IRS or corrected on an amended return). But if that
amount is zero or less, complete the worksheet below to figure the amount to enter on
line 13.
If you did not file a tax return for 2008,
use the amount you would have reported as
your taxable income had you been required
to file a tax return. Be sure to keep all your
records for 2008 until at least 3 years after
April 15, 2010 (or the date you file your
2009 tax return, if later).

Instructions for 2008 Taxable
Income Worksheet
Line 2. Any net capital loss deduction on

your 2008 Schedule D, line 21, is not allowed for income averaging purposes to the
extent it did not reduce your capital loss
carryover to 2009. This could happen if the
taxable income before subtracting exemptions — shown on your 2008 Form 1040,
line 41, or your 2008 Form 1040NR, line
38 (or as previously adjusted) — was less
than zero. Enter on line 2 the amount by
which your 2008 capital loss carryover to
2009 (the sum of your short- and long-term
capital loss carryovers) exceeds the excess
of the loss on your 2008 Schedule D, line
16, over the loss on your 2008 Schedule D,
line 21.
Line 3. If you had an NOL for 2008, enter
the amount of that NOL from line 25 of the
2008 Form 1045, Schedule A, you filed
with Form 1045 or Form 1040X. If you did
not have an NOL for 2008, enter the por-

tion, if any, of the NOL carryovers and carrybacks to 2008 that were not used in 2008
and were carried to years after 2008.
Example. John Farmington did not use income averaging for 2006, 2007, or 2008.
The taxable income before subtracting exemptions on his 2008 Form 1040, line 41,
is a negative $1,000. This amount includes
an NOL deduction on his 2008 Form 1040,
line 21, of $1,850. The $1,850 is the portion of the 2007 NOL that was remaining
from 2006 to be carried to 2008. See the
examples on pages J-2 and J-6. A deduction
for exemptions of $3,500 is shown on Form
1040, line 42, and line 43, taxable income,
is limited to zero. John does not have an
NOL for 2008. John subtracts from the
$1,000 negative amount on Form 1040, line
41, the $3,500 deduction for exemptions.
The result is a negative $4,500, John’s
2008 taxable income, which he enters as a
positive amount on line 1 of the 2008 Taxable Income Worksheet.
When John filed his 2008 tax return, he
had a $3,000 net capital loss deduction on
Schedule D, line 21 (which was also entered on Form 1040, line 13), a $7,000 loss
on Schedule D, line 16, and a $5,000 capital loss carryover to 2009 (his 2008 capital
loss carryover to 2009 was $5,000, not
$4,000, because the amount on his Form
1040, line 41, was a negative $1,000). John
adds the $3,000 from Schedule D, line 21,
and the $5,000 carryover. He subtracts
from the $8,000 result the $7,000 loss on
his Schedule D, line 16, and enters $1,000
on line 2 of the worksheet.
John enters -0- on line 3 of the worksheet because he does not have an NOL for
2008 and did not have an NOL carryover
from 2008 available to carry to 2009 and
later years. The NOL deduction for 2008 of
$1,850 was reduced to zero because it did
not exceed his modified taxable income of
$3,850. Modified taxable income is figured
by adding back the $3,000 net capital loss
deduction and the $3,500 exemption deduction to negative taxable income (figured

2008 Taxable Income Worksheet—Line 13

without regard to the NOL deduction) of
$2,650. John enters $1,000 on line 4 and
$3,500 on line 5. He enters $3,500 as a negative amount on Schedule J, line 13. He enters $6,000 on Schedule J, line 14, and
$2,500 on Schedule J, line 15. If he uses
Schedule J to figure his tax for 2010, he
will enter $2,500 on his 2010 Schedule J as
his 2008 taxable income for income averaging purposes.

Line 16
If line 15 is zero or less, enter -0- on line 16.
Otherwise, figure the tax on the amount on
line 15 using:
• The 2008 Tax Rate Schedules on page
J-11,
• The 2008 Qualified Dividends and
Capital Gain Tax Worksheet on page J-12,
• The 2008 Schedule D Tax Worksheet
in the 2008 Schedule D instructions (but
use the 2008 Tax Rate Schedules on page
J-11 when figuring the tax on the Schedule
D Tax Worksheet, lines 33 and 35), or
• The 2008 Foreign Earned Income Tax
Worksheet on page J-13.
If your elected farm income includes net
capital gain, you must use the 2008 Schedule D Tax Worksheet to figure the tax on
the amount on line 15. However, if you
filed Form 2555 or 2555-EZ for 2008, you
must first complete the 2008 Foreign
Earned Income Tax Worksheet, and then
use the 2008 Schedule D Tax Worksheet to
figure the tax on the amount on line 3 of
that worksheet.
When completing the Schedule D Tax
Worksheet, you must allocate 1/3 of the
amount on line 2b (and 1/3 of the amount
on line 2c, if any) to 2008. If for 2008 you
had a capital loss that resulted in a capital
loss carryover to 2009, do not reduce the
elected farm income allocated to 2008 by
any part of the carryover.

Keep for Your Records

Complete this worksheet if your 2008 taxable income was zero or less. See the instructions above before completing this
worksheet.
1. Figure the taxable income from your 2008 tax return (or as previously adjusted) without limiting it to
zero. If you had an NOL for 2008, do not include any NOL carryovers or carrybacks to 2008. Enter
the result as a positive amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. If there is a loss on your 2008 Schedule D, line 21, add that loss (as a positive
amount) and your 2008 capital loss carryover to 2009. Subtract from that sum the
amount of the loss on your 2008 Schedule D, line 16, and enter the result . . . . . .
2.
3. If you had an NOL for 2008, enter it as a positive amount. Otherwise, enter as a
positive amount the portion, if any, of the NOL carryovers and carrybacks to 2008
that were not used in 2008 and were carried to years after 2008 . . . . . . . . . . . . .
3.
4. Add lines 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. Subtract line 4 from line 1. Enter the result as a negative amount on Schedule J, line 13 . . . . . . . . . .

J-10

1.

4.
5.

Page 11 of 13 of 2009 Instructions for Schedule J

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2008 Tax Rate Schedules—Line 16
Schedule X — Use if your 2008 filing status was Single or you
checked filing status box 1 or 2 on Form 1040NR
If Schedule J,
line 15, is:
But not
Over —
over —

Enter on
Schedule J,
line 16

$0
8,025
32,550
78,850
164,550
357,700

...........
$802.50 +
4,481.25 +
16,056.25 +
40,052.25 +
103,791.75 +

$8,025
32,550
78,850
164,550
357,700
.............

of the
amount
over —
10%
15%
25%
28%
33%
35%

$0
8,025
32,550
78,850
164,550
357,700

Schedule Y-1 — Use if your 2008 filing status was Married filing
jointly or Qualifying widow(er) or you checked
filing status box 6 on Form 1040NR
If Schedule J,
line 15, is:
But not
Over —
over —
$0
16,050
65,100
131,450
200,300
357,700

$16,050
65,100
131,450
200,300
357,700
............

of the
amount
over —

Enter on
Schedule J,
line 16
...........
$1,605.00 +
8,962.50 +
25,550.00 +
44,828.00 +
96,770.00 +

10%
15%
25%
28%
33%
35%

$0
16,050
65,100
131,450
200,300
357,700

Schedule Y-2 — Use if your 2008 filing status was Married filing
separately or you checked filing status
box 3, 4, or 5 on Form 1040NR
If Schedule J,
line 15, is:
Over —
$0
8,025
32,550
65,725
100,150
178,850

But not
over —
$8,025
32,550
65,725
100,150
178,850
.............

of the
amount
over —

Enter on
Schedule J,
line 16
...........
$802.50 +
4,481.25 +
12,775.00 +
22,414.00 +
48,385.00 +

10%
15%
25%
28%
33%
35%

$0
8,025
32,550
65,725
100,150
178,850

Schedule Z — Use if your 2008 filing status was Head of household
If Schedule J,
line 15, is:
Over —
$0
11,450
43,650
112,650
182,400
357,700

J-11

But not
over —

Enter on
Schedule J,
line 16

$11,450
43,650
112,650
182,400
357,700
.............

...........
$1,145.00 +
5,975.00 +
23,225.00 +
42,755.00 +
100,604.00 +

of the
amount
over —
10%
15%
25%
28%
33%
35%

$0
11,450
43,650
112,650
182,400
357,700

Page 12 of 13 of 2009 Instructions for Schedule J

7:58 - 15-OCT-2009

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

2008 Qualified Dividends and Capital Gain Tax Worksheet—Line 16

Keep for Your Records

Use this worksheet only if both of the following apply.
• Your elected farm income on your 2009 Schedule J, line 2a, does not include any net capital gain.
• You (a) entered qualified dividends on your 2008 Form 1040, line 9b (or your 2008 Form 1040A, line 9b, or 2008 Form
1040NR, line 10b); (b) entered capital gain distributions directly on your 2008 Form 1040, line 13 (or your 2008 Form
1040A, line 10, or 2008 Form 1040NR, line 14) and were not required to file Schedule D; or (c) filed Schedule D in 2008 and
you answered “Yes” on lines 17 and 20 of that Schedule D.
1. Amount from your 2009 Schedule J, line 15. If for 2008 you filed Form 2555 or
2555-EZ, enter the amount from line 3 of the worksheet on page J-13 . . . . . . . . 1.
2. Amount from your 2008 Form 1040, line 9b* (or your
2008 Form 1040A, line 9b, or 2008 Form 1040NR, line
10b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.
3. Did you file Schedule D in 2008?*
Yes. Enter the smaller of line 15 or 16 of your
2008 Schedule D, but do not enter less than
-03.
No. Enter the amount from your 2008 Form
1040, line 13 (or your 2008 Form 1040A,
line 10, or 2008 Form 1040NR, line 14)
4. Add lines 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4.
5. Amount, if any, from your 2008 Form 4952, line 4g . . .
5.
6. Subtract line 5 from line 4. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . 6.
7. Subtract line 6 from line 1. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . 7.
8. Enter the smaller of:
• The amount on line 1, or
• $32,550 if single or married filing separately, or if you
checked filing status box 1, 2, 3, 4, or 5 on Form 1040NR; . . . . . . . . . . . 8.
$65,100 if married filing jointly or qualifying widow(er)
or if you checked filing status box 6 on Form 1040NR;
$43,650 if head of household.
9. Is the amount on line 7 equal to or more than the amount on line 8?
Yes. Skip lines 9 and 10; go to line 11 and check the ‘‘No’’ box.
No. Enter the amount from line 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.
10. Subtract line 9 from line 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.
11. Are the amounts on lines 6 and 10 the same?
Yes. Skip lines 11 through 14; go to line 15.
No. Enter the smaller of line 1 or line 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . 11.
12. Enter the amount from line 10 (if line 10 is blank, enter -0-) . . . . . . . . . . . . . . . 12.
13. Subtract line 12 from line 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.
14. Multiply line 13 by 15% (.15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14.
15. Figure the tax on the amount on line 7. Use the 2008 Tax Rate Schedules on page J-11 . . . . . . . . . .15.
16. Add lines 14 and 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16.
17. Figure the tax on the amount on line 1. Use the 2008 Tax Rate Schedules on page J-11 . . . . . . . . . .17.
18. Tax. Enter the smaller of line 16 or line 17 here and on your 2009 Schedule J, line 16. If for 2008
you filed Form 2555 or 2555-EZ, do not enter this amount on Schedule J, line 16. Instead, enter it on
line 4 of the worksheet on page J-13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18.

}

}

*If for 2008 you filed Form 2555 or 2555-EZ, see the footnote in the worksheet on page J-13 before completing this line.

J-12

Page 13 of 13 of 2009 Instructions for Schedule J

7:58 - 15-OCT-2009

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

2008 Foreign Earned Income Tax Worksheet—Line 16

Keep for Your Records

Use this worksheet if you claimed the foreign earned income exclusion or housing exclusion on your 2008 Form 1040 using Form 2555 or
2555-EZ. However, if Schedule J, line 15, is zero or less do not complete this worksheet.
1. Enter the amount from your 2009 Schedule J, line 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. Enter the amount from your (and your spouse’s, if filing jointly) 2008 Form 2555, lines 45 and 50, or Form
2555-EZ, line 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. Add lines 1 and 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. Tax on the amount on line 3. Use the 2008 Tax Rate Schedules on page J-11, the 2008 Qualified Dividends
and Capital Gain Tax Worksheet on page J-12,* or the 2008 Schedule D Tax Worksheet in the 2008 Schedule
D instructions,* whichever applies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. Tax on the amount on line 2. Use the 2008 Tax Rate Schedules on page J-11. . . . . . . . . . . . . . . . . . . . . . .
6. Subtract line 5 from line 4. Enter the result. If zero or less, enter -0-. Also include this amount on your 2009
Schedule J, line 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.
2.
3.

4.
5.
6.

*Enter the amount from line 3 above on line 1 of the 2008 Qualified Dividends and Capital Gain Tax Worksheet or the 2008 Schedule D Tax Worksheet if you
use either of those worksheets to figure the tax on line 4 above. Complete the rest of that worksheet through line 6 (line 10 if you use the Schedule D Tax
Worksheet). Next, you must determine if you had a capital gain excess. To find out if you had a capital gain excess, subtract the amount from your 2009
Schedule J, line 15, from line 6 of your 2008 Qualified Dividends and Capital Gain Tax Worksheet (line 10 of your 2008 Schedule D Tax Worksheet). If the
result is more than zero, that amount is your capital gain excess.
If you did not have a capital gain excess, complete the rest of either of those worksheets according to the worksheet’s instructions. Then complete lines 5 and
6 above.
If you had a capital gain excess, complete a second 2008 Qualified Dividends and Capital Gain Tax Worksheet or 2008 Schedule D Tax Worksheet
(whichever applies) as instructed above but in its entirety and with the following additional modifications. Then complete lines 5 and 6 above. These
modifications are to be made only for purposes of filling out the 2008 Foreign Earned Income Tax Worksheet above.
1. Reduce the amount you would otherwise enter on line 3 of your 2008 Qualified Dividends and Capital Gain Tax Worksheet or line 9 of your 2008
Schedule D Tax Worksheet (but not below zero) by your capital gain excess.
2. Reduce the amount you would otherwise enter on your 2008 Form 1040, line 9b, (but not below zero) by any of your capital gain excess not used in (1)
above.
3. Reduce the amount on your 2008 Schedule D (Form 1040), line 18, (but not below zero) by your capital gain excess.
4. Include your capital gain excess as a loss on line 16 of your 2008 Unrecaptured Section 1250 Gain Worksheet on page D-9 of the 2008 Instructions for
Schedule D (Form 1040).

Lines 19, 20, and 21
If you amended your return or the IRS
made changes to it, enter the corrected
amount.

J-13
Printed on recycled paper