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How do I calculate the taxable portion of my state income tax refund?

on March 29, 2010 at 10:00 AM, updated March 29, 2010 at 10:15 AM

Question from Manny

March 27, 2010 at 2:42pm

I've been looking at all the IRS publications and have not been able to get a straight forward answer so far. Here is my situation:

- I paid AMT for 2008

- I took itemized deductions in 2008

- I paid one installment of my 2008 state estimated taxes in 2009

- I received state refunds with corresponding 1099-G statements

- I am trying to figure out what portion if any of the state refunds I received for 2008 is taxable in 2009

- I am itemizing again in 2009

I used Turbo Tax to do my Federal and it calculated that $59 dollars of my refund was not taxable. I have not been able to figure out how this number was calculated. I thought that since I had to pay AMT in 2008 which disallowed all of my state tax deductions, that none of my state refunds should be taxable. I have gotten hints from my reading that because I paid estimated taxes in 2009 for my 2008 taxes, that this needs to be taken into account.

I am just trying to figure out what worksheet I should be using since I cannot use the one that comes with the 1040 instructions because I paid AMT. I have not been able to find an appropriate worksheet either in Publication 525. Can you provide me either the worksheet I should use or what the exact formula should be?

Answer: Manny - I am going to refer you back to Publication 525 since it contains the discussion that addresses your question. In it you will see that you have at least two of the conditions that disallow your use of the work sheet in the 1040 instruction book.

The following discussion explains how to determine the amount to include in your income from a recovery of an amount deducted in an earlier year as an itemized deduction. However, you generally do not need to use this discussion if you file Form 1040 and the recovery is for state or local income taxes paid in 2008. Instead, use the worksheet in the 2009 Form 1040 instructions for line 10 to figure the amount (if any) to include in your income.

You cannot use the Form 1040 worksheet and must use this discussion if you are a nonresident alien (discussed later) or any of the following statements are true.

The recovery is for a tax year other than 2008.

The recovery is for a deducted item other than state or local income taxes, such as a general sales tax or real property tax refund.

On your 2008 Form 1040, line 42 was more than line 41.

You received a refund of state and local income taxes in 2009 that was more than the excess of your 2008 state and local income tax deduction over the amount you could have deducted for your 2008 state and local general sales tax.

You made your last payment of 2008 state or local estimated tax in 2009.

You owed alternative minimum tax for 2008.

You could not deduct all your tax credits for 2008 because their total was more than the amount of tax shown on your 2008 Form 1040, line 46.

You could be claimed as a dependent by someone else in 2008.

You had to use the Itemized Deductions Worksheet in the 2008 Schedule A instructions because your 2008 adjusted gross income was over $159,950 ($79,975 if married filing separately) and both of the following apply.

You could not deduct all of the amount on the 2008 Itemized Deductions Worksheet, line 1.

The amount on line 8 of that 2008 worksheet would be more than the amount on line 4 of that worksheet if the amount on line 4 were reduced by 80% of the refund you received in 2009.

Where my oregon state refund

If you also recovered an amount deducted as a non-itemized deduction, figure the amount of that recovery to include in your income and add it to your adjusted gross income before applying the rules explained here. See Non-Itemized Deduction Recoveries, later.

Your itemized deductions exceeded the standard deduction by at least the amount of the recovery. (If your itemized deductions did not exceed the standard deduction by at least the amount of the recovery, see Standard deduction limit, later.)

You had taxable income. (If you had no taxable income, see Negative taxable income, later.)

Your deduction for the item recovered equals or exceeds the amount recovered. (If your deduction was less than the amount recovered, see Recovery limited to deduction, later.)

Your itemized deductions were not subject to the limit on itemized deductions. (If your deductions were limited, see Itemized deductions limited, later.)

You had no unused tax credits. (If you had unused tax credits, see Unused tax credits, later.)

You were not subject to alternative minimum tax. (If you were subject to alternative minimum tax, see Subject to alternative minimum tax, later.)

If any of the earlier statements is not true, see Total recovery not included in income, later.

If the refund is more than the excess, see Total recovery not included in income , later.

If you file Form 1040NR, enter your state or local income tax refund on line 11 and the total of all other recoveries on line 21. If you file Form 1040NR-EZ, enter your state or local income tax refund on line 4.

For 2008, you filed a joint return on Form 1040. Your taxable income was $60,000 and you were not entitled to any tax credits. Your standard deduction was $11,400, and you had itemized deductions of $13,000. In 2009, you received the following recoveries for amounts deducted on your 2008 return: