Form 5074 Allocation of Individual Income Tax To Guam or the Commo

Form

5074

Allocation of Individual Income Tax to Guam or the
Commonwealth of the Northern Mariana Islands (CNMI)

Department of the Treasury
Internal Revenue Service
Name(s) shown on Form 1040

Part I

© Attach

to Form 1040.

Income From Guam or the CNMI Reported on Form 1040

Adjusted Gross Income From Guam or the CNMI Reported on Form 1040

17 Educator expenses . . . . . . . . . . . . . . .
18 Certain business expenses of reservists, performing artists, and
government officials . . . . . . . . . . . . . . .
19 Health savings account deduction . . . . . . . . . .
20 Moving expenses . . . . . . . . . . . . . . . .
21 One-half of self-employment tax . . . . . . . . . . .
22 Self-employed SEP, SIMPLE, and qualified plans . . . . .
23 Self-employed health insurance deduction. . . . . . . .
24 Penalty on early withdrawal of savings . . . . . . . . .
25 IRA deduction . . . . . . . . . . . . . . . . .
26 Student loan interest deduction . . . . . . . . . . .
27 Tuition and fees deduction . . . . . . . . . . . . .
28 Add lines 17 through 27 . . . . . . . . . . . . . .
29 Adjusted gross income. Subtract line 28 from line 16 . . . .

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fee-basis
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30 Payments on estimated tax return filed with Guam or the CNMI . . . .
31 Income tax withheld from your wages while employed by the U.S.
Government as a civilian in Guam or the CNMI . . . . . . . . .
32 Income tax withheld from your wages while employed as a member of the
U.S. Armed Forces in Guam or the CNMI . . . . . . . . . . .
33 Income tax withheld from your wages earned in Guam or the CNMI other
than amounts on lines 30 through 32 . . . . . . . . . . . .
34 Total payments. Add lines 30 through 33. . . . . . . . . . ©

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Part III

CNMI

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Wages, salaries, tips, etc . . . . . . . . . . . . . . . .
Taxable interest . . . . . . . . . . . . . . . . . . .
Ordinary dividends . . . . . . . . . . . . . . . . . .
Taxable refunds, credits, or offsets of local Guam or CNMI income taxes
Alimony received . . . . . . . . . . . . . . . . . . .
Business income or (loss) . . . . . . . . . . . . . . . .
Capital gain or (loss) . . . . . . . . . . . . . . . . . .
Other gains or (losses) . . . . . . . . . . . . . . . . .
IRA distributions (taxable amount) . . . . . . . . . . . . .
Pensions and annuities (taxable amount) . . . . . . . . . . .
Rental real estate, royalties, partnerships, S corporations, trusts, etc. . .
Farm income or (loss) . . . . . . . . . . . . . . . . .
Unemployment compensation in excess of $2,400 per recipient . . .
Social security benefits (taxable amount) . . . . . . . . . . .
Other income. List type and amount ©
Total income. Add lines 1 through 15 . . . . . . . . . . . ©

Part II

2009

Attachment
Sequence No. 60
Your social security number

Guam
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OMB No. 1545-0074

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Payments of Income Tax to Guam or the CNMI

Section references are to the Internal Revenue Code unless
otherwise noted.

Instructions
Purpose of form. Form 5074 provides information to the United
States so the IRS can figure the individual income tax that is due to
Guam or the CNMI.

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Who must file. If you were a U.S. citizen or resident alien (other
than a bona fide resident of Guam or the CNMI), you may need to
file Form 5074. Complete this form if all of the following apply to you
(and to your spouse if filing a joint return).
● You file a U.S. income tax return.
● You report AGI of $50,000 or more.
● At least $5,000 of the gross income on your return is from either
Guam or CNMI sources.
(Continued on back)

For Paperwork Reduction Act Notice, see back of form.

Cat. No. 42243X

Form 5074 (2009)

Form 5074 (2009)

Do not use this form if you were a bona fide resident of
Guam or the CNMI during the entire tax year, or were
considered a bona fide resident of Guam or the CNMI for
the entire tax year under the special rules for the year
of a move (see chapter 1 of Pub. 570, Tax Guide for Individuals With
Income From U.S. Possessions).
Joint returns. If you file jointly and only one spouse is a bona fide
resident of Guam or the CNMI for the entire tax year, the resident
status for both spouses and subsequent tax treatment is
determined by the spouse with the higher adjusted gross income
(AGI) (disregarding community property laws). File Form 5074 only if
the spouse with the higher AGI is not a bona fide resident of Guam
or the CNMI for the entire tax year.

Page 2

Special rules may apply to bona fide residents of U.S.
possessions who have gain from dispositions of certain
investment property within the 10-year period beginning
when they became a bona fide resident. For details, see
chapter 2 of Pub. 570, Regulations section 1.937-2(f)(1), Examples 1
and 2 of section 1.937-2(k).

Part II—Adjusted Gross Income From Guam
or the CNMI Reported on Form 1040

Where to file. File your Form 1040 (including Form 5074) with the
Department of the Treasury, Internal Revenue Service Center,
Austin, TX 73301-0215.

Lines 21 through 23. If you had Guam or CNMI source selfemployment income, figure the amount to enter on each line by (1)
dividing your Guam or CNMI source self-employment income by
your total (worldwide) self-employment income, and (2) multiplying
the total amount of each deduction that applies to you by the result
in (1).

Additional information. Pub. 570 has more information and an
example of how to complete Form 5074. To get Pub. 570, see
Quick and Easy Access to Tax Help and Tax Products in the
instructions for Form 1040.

Line 24. Enter the amount of penalty on early withdrawals from
savings accounts in banks or branches of U.S. banks located in
Guam or the CNMI. The Form 1099-INT or Form 1099-OID you
received will show the amount of any penalty you were charged.

Part I—Income From Guam or the CNMI
Reported on Form 1040
Source of income. The rules for determining the source of income
are explained in sections 861 through 865, section 937, in
Regulations section 1.937-2, and in chapter 2 of Pub. 570. Some
general rules are:
● The source of wages, salaries, or tips is generally where the
services are performed. If you worked both in and outside Guam or
the CNMI, include on line 1 only wages, salaries, or tips earned
while you were in Guam or the CNMI. However, certain income
earned while temporarily performing services in Guam or the CNMI
will not be considered income from Guam or the CNMI. For details,
see Pub. 570, chapter 2, De minimis exception.
● The source of interest income is generally where the payer is
located. For example, Guam or CNMI source income includes
interest from a certificate of deposit issued by a bank or branch of a
U.S. bank in Guam or the CNMI.
● Generally, dividends are sourced where the paying corporation is
created or organized.
● Taxable refunds, credits, or offsets of local Guam or CNMI income
taxes only include nonmirror code income taxes.
● Alimony received from a person who is a bona fide resident of
Guam or the CNMI is sourced in that specific possession.
● Except as provided in regulations, income earned after December
31, 2004, that is from sources within the United States or effectively
connected with the conduct of a trade or business in the United
States is not income from Guam or the CNMI.
● The source of gains, profits, or income from the sale or disposition
of real property (and interest in real property) is generally where the
real property is located.
Personal property. The source of income from the sale of
nondepreciable personal property is generally the seller’s residence.
For example, if you are a bona fide resident of Guam or the CNMI,
gain from the sale or disposition of personal property is generally
from sources within Guam or the CNMI. Income from the sale of
inventory is generally sourced where the title to the property
passes. See section 865 for details.

Line 25. Enter the total of your and your spouse’s IRA deductions
attributable to Guam or CNMI compensation or earned income.
Figure the amount to report on line 25 by (1) dividing your Guam or
CNMI compensation or earned income by your total (worldwide)
compensation or earned income, and (2) multiplying the amount of
your IRA deduction by the result in (1). Figure the amount of your
spouse’s IRA deduction the same way.
Line 28. Include in the total on line 28 the amount of any other
deductions included on Form 1040, line 36, that are attributable to
your Guam or CNMI income. On the dotted line next to line 28,
enter the amount of each deduction attributable to your Guam or
CNMI income and identify it as you did on Form 1040, line 36. If you
or your spouse had an Archer MSA deduction on Form 1040, line
36, figure the amount to report on line 28 the same way you would
an IRA deduction (see Line 25, above).

Penalty for Failure To Furnish Information
If, in tax year 2001 or later, you became or ceased to be a bona fide
resident of a U.S. possession, you may be required to file Form
8898, Statement for Individuals Who Begin or End Bona Fide
Residence in a U.S. Possession. If you fail to provide the required
information, you may have to pay a $1,000 penalty for each failure
unless you can show the failure was due to reasonable cause and
not willful neglect. This penalty is in addition to any criminal penalty
provided by law. For details, see the Instructions for Form 8898.
Paperwork Reduction Act Notice. We ask for the information on
this form to carry out the Internal Revenue laws of the United
States. You are required to give us the information. We need it to
ensure that you are complying with these laws and to allow us to
figure and collect the right amount of tax.
You are not required to provide the information requested on a
form that is subject to the Paperwork Reduction Act unless the form
displays a valid OMB control number. Books or records relating to a
form or its instructions must be retained as long as their contents
may become material in the administration of any Internal Revenue
law. Generally, tax returns and return information are confidential,
as required by section 6103.
The average time and expenses required to complete and file this
form will vary depending on individual circumstances. For the
estimated averages, see the instructions for your income tax return.
If you have suggestions for making this form simpler, we would
be happy to hear from you. See the instructions for your income tax
return.