What is the purpose of Form 8853?
In order to provide you with a summary of the information contained in Form 8853, the IRS has compiled a detailed table of contents, which lists items that you may find helpful in obtaining information. You may obtain the complete table of contents for a particular version of your Form 5601 by contacting the IRS at (TTY:). For further questions, you may send Form 8853 to Form 1040X, Payment of Tax Withholding as Refundable or Non-Refundable.
Additional information about Form 8853 can be found on the IRS.gov website and by calling (TTY:). If you have any questions concerning the information on this publication or the terms of use of the Publication, you may direct them to one of the following:
Internal Revenue Service
Pub. 525, Tax Withholding and Estimated Tax, for Individuals, 2015 Edition
Tax Bulletin 2013-21, 2013 Edition
Tax Bulletin 2012-15, 2012 Edition
Internal Revenue Service
Pub. 537, Withholding of Estimated Tax on Payments of Income, 2012 Edition
Internal Revenue Bulletin 2012-09, 2012 Edition
Internal Revenue Bulletin 2011-13, 2011 Edition
Internal Revenue Bulletin 2010-14, 2010 Edition
Internal Revenue Bulletin 2009-18, 2009 Edition
If your request is for Form 8853, include your name and address, your Social Security number and taxpayer identification number (TIN), and a description of the information you seek. Also, include copies of all documentation you will need to support the information you wish to obtain. The IRS cannot provide individualized answers or advice on your tax question. For this reason, we recommend you obtain professional advice.
Including this notice on your form will allow you to receive payment for the fee due. Do not add any items to your tax return or send any additional information to the IRS before you send your payment.
What do the columns on Form 8853 tell me?
The table of contents for this publication lists the information you must include in order to obtain information from the form. Each item appears only once. Items appear in descending order of the information you must provide, with the most important item at the top.
Who should complete Form 8853?
All US military veterans with military-related disability claims and any family members of a veteran should complete Form 8853. If you or your spouse is the surviving spouse, you do not need to complete Form 8853; and if you are divorced, you do not need to complete Form 8853 unless there is a surviving child.
Does Form 8853 pay military benefits?
Yes. You must pay your military retiree pension (if it's applicable to you) before you can take Form 8853. There is no retirement benefit unless you are also entitled to pension from another source.
Does Form 8959 cover military retirement benefits?
Yes — and most specifically “pension retirement benefits,” according to the form and to the Department of Defense (DOD). To learn more, see the Retirement Benefits section of the IRS Pub. 534, Payroll Deductions.
Must you pay federal income tax on Form 8853 taxes?
Yes. The Form 8853 that pays a military spouse's military retirement benefits includes a section for including income. The provision states that all taxes due on the Form 8853 are due using Form 1040. (If the Form 8853 pays a spouse's military retirement benefits to a survivor or children under 18, the amount due will be paid using Form 1310.)
Can the Department of Veterans' Affairs (VA) cover this form of payment?
Yes. VA benefits — generally including Social Security disability or survivor's benefits — for military retirees are covered by the Veterans' Benefits program. As the name implies, VA provides these benefits to those who gave their lives in service and were injured during serving their nation. You would not have received these benefits if you had died other than as a result of your military service. The VA does not make a difference in the payment of the pension benefits you receive from the federal government under Form 990-O.
Can you claim the same amount on Form 8959 and Form 8853 for the same payer for filing two separate federal income tax returns?
No. The amount of your taxable income would be equal to your annual gross salary. Your federal income tax is determined by taking the entire amount of tax paid on taxable wages. The same would be true for a married couple filing joint tax return. However, the benefits your spouse receives under the Form 8853 would not be subject to the same tax rates.
When do I need to complete Form 8853?
To complete Form 8853: Before or after the sale of the property
When to complete Form 8853
When to complete Form 8853 depends on the purpose of the sale: After foreclosure
Before an assessment roll
Before a sale
When to complete Form 8853
When to complete Form 8853 depends on the purpose of the sale: Before a sale
After foreclosure
After an assessment roll
Before a sale
When to complete Form 8853
When to complete Form 8087
How to complete Form 8087
You have to complete Form 8087: Before the sale
After the sale
Before an assessment roll
After foreclosure
After an assessment roll
You must also submit the following documentation to complete Form 8087:
When to complete Form 8087
You have to complete Form 8087: Before the sale
After the sale
Before an assessment roll
After foreclosure
After an assessment roll
Upon the sale of property, you may be able to get the property back. You will need to complete Form 8744 (or Form 8741, if they are similar) and attach it to the documents you submitted to the court for sale. The sale documents must be scanned or photocopied.
For more information, see the forms section on the Home Assessment Manual.
When do I have to complete the affidavit attached to Form 8744?
You can't submit Form 8744 for either foreclosure or sale. If the court requires the affidavit for foreclosure, it must be submitted as an attachment. If the court requires the affidavit for the sale, it must be submitted as an attachment. Read more here.
When do I have to complete Form 8813?
You can't submit Form 8813 for either foreclosure or sale. If the court requires the affidavit for foreclosure, it must be submitted as an attachment. If the court requires the affidavit for the sale, it must be submitted as an attachment. Read more here.
When do I have to submit the affidavit attached to Form 8744 for a sale?
You can't submit Form 8744 that includes the affidavit you will submit as an attachment. Do your best to avoid doing this. This will cause significant delays (including the risk of having your case thrown out). If you do make a mistake, you must resubmit all the required documents by the deadline.
Can I create my own Form 8853?
Yes. We will make you a form by emailing you that includes your information or a form available by searching through the form library. You can also download a PDF form and print it out. We use other forms for specific reasons, such as setting up a form for a trade show.
I have a question that is not answered here
You can contact the Forms, Forms Library and the Forms Research Staff at or forms.researchcalpoly.
What should I do with Form 8853 when it’s complete?
It is an important document, and you should keep it.
How do I complete Form 8853?
Fill out the form and send it to the FAFSA office. To find your FAFSA office, see your Federal Student Aid (FSA) office directory. The FAFSA office will help you determine your need for a Scholarship and Direct Loan.
How do I add a parent to Form 8853?
After requesting that your parent add him or her name and address to your FAFSA, you may find that Form 8853 does not have your parent's information. If you do not have your parent's information on the form, contact the FAFSA office where you filled out your FAFSA form to receive a replacement Form 8853.
What if my parent does not have a Social Security Number (SSN)?
If you do not have a Social Security Number (SSN), you may apply to add your parent to your FAFSA and submit the appropriate documentation when you finish Form 8853. Please consult the FAFSA Office Directory and your bank to find the office that processes your payments.
What should I do with Form 8853?
It is an important document, therefore it is important to keep it. Please do not keep it after your FAFSA deadline.
If I am in college or a vocational school, will I still be eligible for a loan on federal student loans, as I do not need to submit Form 8853 if I am eligible for a grant, loan, or work-study benefit?
You would still be entitled to a federal loan and to work-study funds. However, you must complete or have completed the Free Application for Federal Student Aid (FAFSA) and attach the Form 8853 to your FAFSA.
What if I am a dual student with both a federal loan AND state loans?
You are automatically eligible for federal student aid, even if you have been enrolled in a course or a program of study on behalf of the state, for a period of time before you attended a state institution of higher learning, or have been enrolled in a course before you attended a state institution of higher learning. For example, if you attend a high school for four years, and then attend a community college for one year, the two courses would count as the equivalent of a full year of coursework and would be eligible for federal student aid.
How do I get my Form 8853?
You may go to online or by phone to obtain a copy of your Form 8853.
What documents do I need to attach to my Form 8853?
You may submit your documents in PDF, Word, or PowerPoint format. We will post the documents that are required to support your tax return and attach the documents to our online Form 8853 Request for Fee Statement.
Can I submit a form online for a fee waiver?
No, you must submit your documents to us by mail. If you need to make an appointment with an IRS employee to submit the documents to us, provide the dates the appointment will take place. If your appointment is rescheduled, we will refund you the appropriate fee.
Can I submit a form on behalf of a business, group, estate, or individual for a fee waiver?
No, you must submit a Form 8853 for that specific payment.
Is it possible to pay your fee online?
You may pay your tax form online through the IRS website. When you log in to the website, you will see the links to your forms.
I do not currently have a Form 8853. Where can I find one?
You may fill out the form and send it to your local field office. You can submit a new Form 8853, or you may take the paper Form 8853 into a local field office.
Can a spouse/partner of the individual receive his/her tax refund by filing a Form 8853 for the other person?
Yes. If you file Form 8853 for the other person, that person may be able to receive a tax refund if he/she has income that qualifies for itemized deductions. You will need to complete and submit Form 8853 for each recipient to ensure that they are entitled to the refund.
Can the IRS determine the appropriate payment amount for a specific tax return?
Yes, the IRS does have the ability to determine the appropriate payment amount for a particular tax return. You must submit a Form 8853 request, which must meet the following requirements:
The amount of the tax deduction, or the amount of the refund, that you claimed is 500 or more. For your request to be valid, each of the individuals claiming the deduction and the employer or other mayor must complete each line of the form.
Each individual must have filed a complete income tax return for the calendar year covered by the request.
The income tax return that the person filing Form 8853 filed was a taxable year of that individual.
What are the different types of Form 8853?
There are three different types of Form 8853. Form 8853-A, Form 8853-B and Form 8853-C:
Form 8853-A — this is the “regular” form. It is used to notify the IRS that any individual or company is no longer entitled to the exemption, and it includes all the information necessary to determine the person or entity's tax status. Form 8853-A is issued by IRS field offices. Individual taxpayers and non-profit organizations file Form 8853-A if they want to obtain a refund of money paid under a tax exemption program. The individual or organization may file for a refund if the IRS determines it is no longer entitled to receive the government provided tax exemption. Business owners, individuals, and partnerships may also be subject to this form. The IRS issued a Form 8629-A to facilitate the refund of funds disbursed by the IRS to the business owner under the U.S. Small Business Guarantee Program. If you are a business owner, it is important to familiarize yourself with the form since there may be a delay in your filing due to a change in your tax situation.
Form 8853-B — This form is used only to notify the IRS of a change of control or significant modification of business activities or assets of an organization (usually a partnership). The form may allow the IRS to determine whether the organization still qualifies as a partnership and to make payments related to partnership income for one or more partners. For more information on this form, go to IRS.gov/Forms/Form8853-B.
Form 8853-C — This is the “corporate” Form 8853-C that the IRS has specifically approved by the Office of the Comptroller of the Currency, which may be filed by individuals and business firms. Form 8853-C may be used for the same purposes as Form 8853-A but only for a change of control or modification of business activities or assets of an organization.
What if I am not sure if my business is a partnership or a corporation?
You may ask a small business or S corporation in which you are a partner or the owner of assets (or any other partner) whether it qualifies as a partnership or a corporation. However, the IRS rules are strict when it comes to determining the legal form of the entity. You must be confident in your assessment before you are willing to pay the tax to the IRS.
How many people fill out Form 8853 each year?
In 2005, the IRS received almost 4.3-million filings in the filing season, or a little more than 15,000 a day. That was close to a doubling of the number of filings from 1997, and the number of filers grew by 17% each year from 1990 to 1998, increasing from about 4.75 million filings to nearly 5 million in 2003.
Form 8853 is available and can be downloaded from the online Resources Center. The center's most recent numbers were based on data in March, and it also reports that filers submitted about 7.65-million returns in 2005. That is about a 20% increase over 2003, and the average filer filed 10.9 returns, up from 9.7 in 2003.
The IRS reports that an average of about one filer filed Form 1040s each year in 2005, that about one-third of filers paid income tax, and that the returns it receives each year are due June 15, usually 10th or 11th.
The IRS gives these estimated gross tax collections by age groups for 2005:
Child (under 18 years old): 34.4 billion
Adult (18 to 65 years old): 69.5 billion
Older adult (50+ years old and over): 15.2 billion
When is my tax return due?
The IRS reports the due date for all tax returns to the state in which you filed. Some states require a few days longer to issue a tax refund. That is why the due date given to filers by the IRS can often differ from the due date in your state. If you don't receive a refund within 70 to 150 days, contact the IRS.
How long does it usually take to process a tax return?
The IRS processes about 20 million tax returns in any given year.
How is my refund handled?
Most refunds are automatically issued to filers within 60-72 business days.
Do I need to pay tax on that tax refund from a previous year?
Yes; the amount of tax included in either refund is usually reported on line 13 of Form 1040 as “taxes paid.” This amount will be reported on your return whether you received a tax refund or a payment in the mail.
Is there a due date for Form 8853?
If there should be a due date for Form 8853, please contact the CRS at.
Why am I being asked to pay tax in the same month I filed my return?
Filing a return in a certain month could result in different tax payments due to the tax rules applicable for that month. For example, if you are not required to file Form 8853 until January, then, the tax return you filed would take effect in full during February but not after April 1. Thus, you might only have to pay tax that week.
Why do I need to pay income or asset taxes at the same time I file my return?
Your return is processed by the same date you file and so the same information is used to produce each return. For this reason, your returns are processed on a one-for-one basis and both your income tax return and your asset tax return must be received on the same day.
Why can't I electronically file my tax return?
If you need to file your return electronically, you need to do so before midnight on the due date. You have until midnight on the due date to correct any errors. If, after the due date, you still need to file an income tax return, you must file it by your regular due date. We encourage you to use one of the IRS's free file programs to prepare your tax return. See How do I file my return electronically? For more information.
Am I entitled to an extension of time for filing tax?
If you are unable to do so and you file your tax return by the due date, you do not have to pay any tax, interest or penalties, and you will receive a refund. If you do not file your tax return by the due date, your return is automatically filed electronically. The deadline for filing your tax return for the following year is the last day of the sixth month following the year, or your due date for the current tax year.
Where do I make my tax payment?
To avoid late payments, you should pay any federal income tax you owe by the regular due date of your return, regardless of how much you are able to afford to pay. You may also need to pay any penalties and interest charges, such as additional interest. See Paying Taxes by the Due Date for help with the regular due date for filing your tax return.