What is the purpose of Form IT-2104?
I have been informed that it is a form for an “interim” refund. “Interim” meaning that it may be used (as in “the final refund may be delayed” — but not necessarily in order to pay off the outstanding debt; or perhaps both). But “it may” may have a purpose that is not just to settle the debt. See, for example, Rule 12d-5(3) of the Federal Rules (12 CMR 12d-5(3)).
The purpose of the form could be to delay the actual refund, or even to prevent what would otherwise be a final refund in the event of a settlement (such as if settlement is made after the time limitation). If settlement of the outstanding debt later is possible, Form IT-2104 could be utilized to allow creditors to seek reimbursement of their payments by the IRS (and/or by the creditor) once the tax liabilities have been paid in full.
The form could be used under some circumstances to delay the settlement until after the debt is paid, or to use the delay after the debt is paid to make a “surprise” refund. For example, suppose that a creditor made a 2,000 payments between May 22 and Sept. 30. In June, and for an unknown reason, the creditor decides to make a settlement payment that is 100,000, resulting in a 100,000 “frozen” debt. There does not seem to be any reason why the agreement can't be set at that amount without the Form IT-2104, in order to delay the settlement payment for an undisclosed period of time. The creditor could use Form IT-2104 to ensure that there would be no refund if the settlement was not made before the form deadline, while letting the taxpayer know that he or she would be entitled to an immediate (full) refund after payment of the outstanding debt has been made.
If the final settlement is made after the deadline without using Form IT-2104, the refund will be based on the actual tax liabilities at the end of the year.
If the final settlement is made after the deadline with the use of Form IT-2104, the IRS will provide an “automatic” refund at the time of the filing (because there is no Form IT-2104), provided that the taxpayer filed his or her tax return by December 31.
The form could prevent payments from being made (e.g.
Who should complete Form IT-2104?
There are two categories for IT-2104 completion. The categories listed are the maximum categories the employee can request to complete. For example, you must complete the two-year employee category in order for a second employee to be eligible for an upgrade of pay status.
Do I have to complete this form? No; however, if you are considering making a request for IT-2104, completing this form is a good idea.
Information You Must Submit With Your IT-2104 Request The information you must include with your IT-2104 request includes: • Employee category
• Work experience
• Salary information
• The employer's name and business address
• Current work title and duties
• The exact date each employee starts employment and ends employment
• For each year the employee is employed; • How many hours the employee worked in each part of the year
• Current and past annual leave credits that affect the employee's eligibility, and • The number of years the employee has been with the employer
Have I been a U.S. citizen or resident of the United States? If so, I am eligible to start work in Canada through Express Entry on a temporary work permit. If not, I am not eligible to start work in Canada until I am eligible for a temporary work permit through Express Entry. See my application status under “Status” in the application guide.
I want to go on a temporary work permit that meets the requirements for the permanent work permit you have listed in the application guide. Do I have to complete your form? No, you do not need to complete this form. However, you should complete it if you are submitting the form to express entry, to show you are in good standing and to ensure that if your application is delayed or approved, the form does not expire.
I am in the military, and can be requested to complete an approved form for a temporary work permit. Do I need to fill out this form? No, you do not need to fill out this form. However, you should complete it if you are submitting your form to express entry to show that you are eligible. As part of your application process, you will also be asked to provide information about military personnel status when you request a temporary work permit.
It has been 10 days since I began employment and have not yet been placed on any duty.
When do I need to complete Form IT-2104?
You must file Form IT-2104 after each tax year in which you have owned or operated an eligible controlled foreign corporation (CFC). If your CFC was first acquired after the end of the calendar year during which you became subject, and your ownership period of CFC's does not cross over with the ownership period or years covered by your return of tax under subsection 110.6(1), you may file Form IT-2104 even if you are not eligible to claim a credit for the year. If you are not eligible to claim a credit for a year, you can still file a return under Part I, Item C, at any time during the year and claim the credit as though you were a resident of Canada at any time during the year. A credit can only be claimed under one tax year.
Note If you have used the simplified Filing system, you can file an amended return and credit on Form IT-2104.
What is a specified amount?
When you operate a CFC in the year of the gift, the amount is the total of all amounts you have paid, contributed or allocated under that owner's authority to the CFC during the year, but not to any other person or partnership, in a way the person or partnership knows is attributable to your payment, contribution or allocation.
If, in the year of the gift, you paid, contributed or allocated a specified amount to the CFC by the person, partnership or other entity with which you held a direct or indirect interest at the beginning such that, at the end of the year, you were responsible for the ownership or control of the CFC, and it was controlled by you, this is also your gift to them.
The person who, by virtue of the ownership or control of the CFC, is a specified recipient under paragraph (a) of the definition owner, or under subsection (2) or (4) of the definition partner of a corporation, is to be considered to have paid a certain amount and contributed a certain amount.
Can I create my own Form IT-2104?
If it appears as “Form IT-2104” you are good to go. The only things you'll have to do are select the “Add” button and then provide your data type and values. For example, here are the fields listed for a single line of text (using only your name/initial):
Field Type Value Data type Text Number
Text Number Character in the format “A#, M#”
Number Character in the format “A#, M#” Short String Text with a count
Text with a count Long String Text with a count
Text with a count Binary String
This example was selected because it was small enough that I could fill it out the first time I entered the form, and it would automatically type the data for me.
Now, let's take a look at how to fill out a data value by using an index. The first three values in the example above are “Text Number,” “Text Character in the format “A#, M#” and “Short String Text with a count,” so these are the columns you'll be entering into the Table View fields you defined.
To add an index in Visual Basic, all you need do is create an IndexAttribute on the object you're creating the index on and then add it into your data type. As you can see, I've used the Datatype property to select the data type for my index to be added into. The Datatype property is a column in the table view, so I'm going to use the Datatype property to reference the table view.
So let's create the index, just like we did earlier, but this time using the Datatype property. To get your index value to display, select the Table View by selecting the cells you want to display the index value in, then use the Index button in the Table View Control to add the IndexAttribute for your new Index that will display the index value in the first cell. To change the column that you're indexing from the “Data Type” data type properties, you can use a DataIndexAttribute.
To display the index, use the Index button in the Table View Control to add the IndexAttribute
Here's what the results should look like when you add the index.
After adding the index, when you make changes to the data on the cell, you'll be prompted for your data type, then the index is shown.
What should I do with Form IT-2104 when it’s complete?
If you completed it correctly, or you do not need to re-submit the form, the IRS will issue you a Form IT-2104 (Amended Filing Information Form). This form is completed, signed and dated, and is sent to the IRS by the creditor. If you need to file more than one Form IT-2104 (Amended Filing Information Form) when you filed an amended return, you must use the same IRS mailing address and mail address.
I filed Form 1040X and am now ready to file my Form 1040 on a new calendar year tax return. How can I use Form 1040X for my current return?
Form 1040X is not accepted as a replacement form for Form 1040; you must file a new Form 1040 when you file your Form 1040 tax return on a new calendar year tax return. However, if you file a federal income tax return with your Form 1040X, the IRS may accept the form for your new return. It may also allow you to file on Form 2441 (Corrected Payment Statement) for the current year tax return.
Can I use Form 1040X when filing tax forms other than return or schedule?
Yes. On Schedule A, Form 1040X can be filled out. You can use Form 1040X to figure itemized deductions, credits, interest and other items. This is a form you would need to file separately with each item of income, deductions and credits.
It is not legal to file Form 1040X with every form you need to file with your return; however, for purposes of calculating your adjusted gross income and estimated tax payment, Form 1040X is allowed in certain circumstances, described below.
When can I use Form 1040X for my current tax return?
If your return for the tax year is more than six months old when you file Form 1040X (including extensions), but was due no earlier than the earliest of the following dates:
• April 15, 2016
• The first day of the tax year after the end of the previous tax year
• March 31, 2017
When should I use Form 1040X to file my return on a new calendar year tax return?
You can use Form 1040X to file your return for the tax year you are filing your return for under a new year tax return.
How do I get my Form IT-2104?
Submit a completed application form along with the required supporting documents to the following address:
P.O. Box 2445
Ottawa, ON K1H 9G9
Who are the people who get this form?
This form is available to the public. Anyone over the age of 18 can submit a form online.
Who gets the credit for this program?
This form can only be used for credit towards the following programs:
Ontario College of Trades
Post Secondary/Technical School Diploma
Ontario College of Art and Design
The Canadian Institute of Trades, Arts, and Technology
Who is a person “with a disability”?
The program does not address persons with any particular disability, but aims to address individuals who have a wide range of disabilities, including but not limited to physical or visual impairments, mental illnesses and speech or hearing impairments.
Am I eligible for Disability Ontario benefits?
Yes, you can apply for Ontario Disability Benefits if you can demonstrate some following:
you're applying on behalf of an adult with a disability;
you or the adult with the disability already earn a qualifying salary, have worked for one year or more on the job, be considered to be working and work for an employer in Ontario, or have worked for more than a total of seven paid days a week in any of the places mentioned above; and
You've worked in one or more of the occupations mentioned above during the seven years from employment, or at an employer in Ontario, for at least seven days out of the seven-year period from employment.
You can apply online at the Ontario Disability Determination Services website.
I am applying for this program under an Individual or family member's Name. How do I indicate my interest in the program?
Under the Personal Information Protection and Electronic Documents Act (PIPED), a person is defined as a person with whom a person is cohabitation. A person is jointly entitled to the benefits if they're living in the same home and if one of them is applying for this program.
Where can I obtain more information or get my free copy of this form?
For more information about this program go to Disability Ontario's website.
What documents do I need to attach to my Form IT-2104?
You must attach the following documents.
Application for Employment Authorization
Completed Application to Enter the United States
Original Passport or Immigrant Card
Passport Photographs and Copies for Visa Applicants
Certification from U.S. Consulate
In-Person Interview Form (if applicable)
The following documents are not required to submit to a USCIS official, however they are useful:
Letter from U.S. Embassy in the country,
Certificate of good conduct issued by U.S. consulate in the country,
What documents can USCIS issue me?
USCIS determines the eligibility of an individual for employment authorization based upon certain criteria. Please note that not all situations require USCIS to grant any documents.
How can I file for adjustment of status to lawful permanent resident (green card) or employment authorization to adjust status (EPIC)?
Generally, you must apply for adjustment of status to EPIC before you can file for ERA.
Please note: In addition to meeting all the requirements for ERA, an alien with no prior immigration status in the U.S. may be eligible for ERA. Please contact us for more information.
What are the different types of Form IT-2104?
You are required to file this form when you want to amend any of your Form IT-2104, your Form 1040, or your Form 1040A for the 2014 tax year. Because most of the information you file with this form is confidential, a special filing requirement exists that you must meet when you change the type of return information you want changed. For information about the filing requirements for Form IT-2104 for the individual taxpayer, see Publication 17, Your federal income tax return, early filed 2015, and instructions. For information about the filing requirements for Form IT-2104 for the corporation taxpayer, see Publication 11, Business Registration. For information about the filing requirements for Form IT-2104 for all taxpayers, see Part III, Item 4, of Form 8210, Amended U.S. Individual Income Tax Return. For information about filing requirements for Form IT-2104 for taxpayers with a modified adjusted income, see Pub. 501. For more information on Form IT-2104, see Publication 23, Your federal income tax return, early filed 2015.
In addition to the items listed below, the Form IT-2104 must show:
Type of adjusted gross income, including the amount of any itemized deduction.
Additional details about the business transaction or employment history.
The date, amount, and other specifics of your contribution, or expenses paid or incurred by you or your spouse, for an eligible educational activity (see the discussion above) for which tax benefits may be claimed. For information on educational activities and the education and credit rules that apply, see the Discussion of Educational Activities in chapter 1.
. Whether a deduction is allowed or claimed for interest paid, if any, on an indebtedness to a nonprofit organization, the nonprofit organization or the individual or trust that is the qualifying entity, or.
Whether and when you made a substantial and specific contribution to any project or activity for which a deduction is allowed, and how much you contributed. You must prepare Form IT-2104 in accordance with the directions listed in Table 1.
How many people fill out Form IT-2104 each year?
And how many applications for these forms are filled out?
2. Are there more applicants for Form IT-2104 than the amount of work involved?
And if so... why?
3. What can the government do if it is not being used for its intended purposes?
And if the government wants to improve the use of these applications...
Is there a due date for Form IT-2104?
A. You must file Form IT-2104 electronically or have it mailed to you or mailed to you by courier or by U.S. mail on the due date, unless you are also filing an extension for the time for which you are required to file Form IT-2104.
Q. I cannot download and view my Form IT-2104 online, can I still file it electronically?
A. Yes. You can still file Form IT-3114 or Form 3104-EZ electronically with the IRS. You can also mail it to the address on your Form IT-3114 or Form 3104-EZ. Electronic returns are not effective for filing a claim. In any case, you must file Form IT-2104 by the due date.
Q. Am I required to file Form IT-2104 electronically for the tax year 2017?
A. Yes. Section 6001(b) requires you to file Form IT-2104 electronically for the tax year beginning after December 31, 2017 (which is the tax year for the return of taxpayers using e-file).
Q. I have filed my 2017 tax return electronically. Can I file a separate Form IT-2104?
A. Yes. You can file a separate Form 3104-EZ.
Q. Am I required to file a separate Form 3104-EZ?
A. Yes. The IT-2104 must be filed with each Form 3104-EZ. Form 3104-EZ will have a Form 3104-EZ number on it.
If You Are Required to File Both Form IT-2104 and Form 3104-EZ
Q. I received tax information from one of my employees. How do I report the employee's income on Form IT-2104?
A. You must complete either Form IT-2104-MISC or Form 3104-EZ. The information reported for the employee will appear on the Form IT-2104. Use IRS Publication 519 (IRS Information Circular 519) to figure the employee tax liability using Form IT-2104. If you are filing Form IT-2104-MISC, IRS Publication 5904 (IRS Forms W9 and W2) will also provide the employee information. See Publication 5904, Employer's Tax Guide, for more information.