Publication 595 (Rev. February 2006) - Capital Construction Fund For Commercial Fishermen Page 5

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Amounts determined by the IRS to cause your CCF
Reporting the additional tax and interest. Attach a
account balance to exceed the amount appropriate
statement to your income tax return showing your compu-
to meet your planned use of withdrawals. You will
tation of the tax and the interest on a nonqualified with-
generally be given 3 years to revise your plans to
drawal. Include the tax and interest on Form 1040, line 63
cover this excess balance.
(for 2005). To the left of line 63, write in the amount of tax
and interest and “CCF.”
Amounts you leave in your account for more than 25
years. There is a graduated schedule under which
Tax benefit rule. If any portion of your nonqualified with-
the percentage applied to determine the amount of
drawal is properly attributable to contributions (not earn-
the nonqualified withdrawal increases from 20% in
ings on the contributions) you made to the CCF account
the 26th year to 100% in the 30th year.
that did not reduce your tax liability for any tax year prior to
the withdrawal year, the following tax treatment applies.
How to determine the source of nonqualified with-
1. The part that did not reduce your tax liability for any
drawals. When you make a nonqualified withdrawal from
year prior to the withdrawal year is not taxed.
your CCF account, the amount is treated as being with-
drawn in the following order from the accounts listed be-
2. That part is allowed as a net operating loss deduc-
low.
tion.
1. The ordinary income account.
More Information
2. The capital gain account.
This section briefly discussed the CCF program. For more
3. The capital account.
detailed information, see the following legislative authori-
ties.
Paying tax on nonqualified withdrawals. In general,
nonqualified withdrawals are taxed separately from your
Section 607 of the Merchant Marine Act of 1936, as
other gross income and at the highest marginal tax rate in
amended (46 U.S.C. 1177).
effect for the year of withdrawal. However, nonqualified
Chapter 2, Part 259 of title 50 of the Code of Federal
withdrawals treated as made from the capital gain account
Regulations (50 C.F.R., Part 259).
are taxed at a rate that cannot exceed 15% for individuals
and 34% for corporations.
Subchapter A, Part 3 of title 26 of the Code of Fed-
eral Regulations (26 C.F.R., Part 3).
Partnerships and S corporations. Taxable
TIP
nonqualified partnership withdrawals are sepa-
Section 7518 of the Internal Revenue Code (IRC
rately stated on Schedule K (Form 1065), line
7518).
20c, and allocated to the partners on Schedule K-1 (Form
The application kit you can obtain from NMFS at the
1065), box 20 (for 2005). Taxable nonqualified withdrawals
address or phone number given earlier may contain copies
by an S corporation are separately stated on Schedule K
of some of these sources of additional information. Also,
(Form 1120S), line 17d, and allocated to the shareholders
see their web page at
on Schedule K-1 (Form 1120S), box 17.
financial_services/ccf.htm.
Interest. You must pay interest on the additional tax due
to nonqualified withdrawals that are treated as made from
either the ordinary income or the capital gain account. The
How To Get Tax Help
interest period begins on the last date for paying tax for the
year for which you deposited the amount you withdrew
You can get help with unresolved tax issues, order free
from your CCF account. The period ends on the last date
publications and forms, ask tax questions, and get informa-
for paying tax for the year in which you make the nonquali-
tion from the IRS in several ways. By selecting the method
fied withdrawal. The interest rate on the nonqualified with-
that is best for you, you will have quick and easy access to
drawal is simple interest. The rate is subject to change
tax help.
annually and is published in the Federal Register.
Contacting your Taxpayer Advocate. If you have at-
You also can call NMFS at (301) 713-2393 (ext.
tempted to deal with an IRS problem unsuccessfully, you
204) to get the current interest rate.
should contact your Taxpayer Advocate.
The Taxpayer Advocate independently represents your
Interest deduction. You can deduct the interest you
interests and concerns within the IRS by protecting your
pay on a nonqualified withdrawal as a trade or business
rights and resolving problems that have not been fixed
expense.
through normal channels. While Taxpayer Advocates can-
Page 5

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