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Who Must File a Return?

Many people would prefer to not file a return at all. You can almost hear the cry, "Do I have to file?" Well, perhaps that isn't such a dumb question. Yes, in reality almost everyone reading this must file a return, but let's take a detailed look, just in case.

1

By the Numbers

Do you need to file a return? Well, there are multiple ways to look at this question. Here is a nice breakdown:

You will have to file a 2007 tax return if you are -- And your gross income is at least --
Single
Under age 65
Age 65 or older on or before
January 1, 2008

$8,750
$10,050
Married and living together at the end of 2007
Filing a joint return -- both
spouses under age 65
Filing a joint return -- one
spouse age 65 or older
Filing a joint return -- both
spouses age 65 or older
Filing a separate return
(any age)


$17,500

$18,550

$19,600

$3,400
Married and living apart at the end of 2007
Filing a joint or separate return


$3,400
Head of a household maintained for a child or other relative
Under age 65
Age 65 or older on or before
January 1, 2008



$11,250
$12,550
Widowed in 2006 or 2005 and have a dependent child
Under age 65
Age 65 or older on or before
January 1, 2008


$14,100
$15,150

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2

Marital Status


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For federal tax purposes, only a man and woman in a legal union as husband and wife are considered married. For 2007 returns, marital status is generally determined as of December 31, 2007. Thus, if you were divorced or legally separated during 2007, you are not considered married for 2007 tax purposes, and you must use the filing threshold for single persons unless you qualify as a head of household, or you remarried in 2007 and are filing a joint return with your new spouse. On the other hand, if you were married on or before December 31, 2007, you are considered married for the entire year. If your spouse died in 2007 and you were living together on the date of death, use the filing threshold shown for married persons living together at the end of 2007. If you were not living together on the date of death, the $3,400 filing threshold applies, unless you remarried during 2007 and are filing jointly with your new spouse.
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3

When I'm 65...

It seems like an easy question. But, as with many things having to do with taxes, you can be 65 in the year 2007 even if you're not.

Whether you are age 65 or older is generally determined by having a birthday on or before the end of the year, but if your 65th birthday is on January 1, 2008, you are treated as being age 65 at the end of 2007.
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4

A Quick Look at Gross Income

Gross income is generally all the income that you received in 2007, except for items specifically exempt from tax.

Include wages and tips, self-employment income, taxable scholarships, taxable interest and dividends, capital gains, taxable pensions and annuities, rents, and trust distributions. Home sale proceeds that are tax free and tax-free foreign earned income are considered gross income for purposes of the filing test.

Exclude tax-exempt interest, tax-free fringe benefits, qualifying scholarships, and life insurance. Also exclude Social Security benefits unless you are married filing separately and you lived with your spouse at any time during 2007.
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5

Other Situations When You Must File

Even if you are not required to file under the gross income tests listed above, you must file a 2007 return if:

  • You are self-employed and you owe self-employment tax because your net self-employment earnings for 2007 is $400 or more, or
  • You are entitled to a refund of taxes withheld from your wages or a refund based on the earned income credit for working families, or
  • You received any earned income credit payments in advance from your employer, or
  • You owe any special tax such as alternative minimum tax, IRA penalty, and FICA on tips, or
  • You are a nonresident alien with a U.S. business or have tax liability not covered by withholding; see Form 1040NR.

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6

Filing Tests for Dependents

If you can be claimed as a dependent by your parent, or by any other taxpayer, here is how to determine if you must file a return in 2007. (Or, if you are the parent, here is how to determine if your dependent must file a return.)

The income threshold for filing a tax return is generally lower for an individual who may be claimed as a dependent than for a nondependent. You are a "dependent" if you are the qualifying child or qualifying relative of another taxpayer, and the other tests for dependents are met.

If you may be claimed as a dependent by someone else, use the chart below to determine if you must file a 2007 return. Unearned income includes taxable interest and dividends, capital gains, pensions, annuities, unemployment compensation, and distributions of unearned income from a trust. Earned income includes wages, tips, self-employment income, and taxable scholarships or fellowships. Gross income is the total of unearned and earned income.

For married dependents, the filing requirements in the chart assume that the dependent is filing a separate return and not a joint return. Generally, a married person who files a joint return may not be claimed as a dependent by a third party who provides support.

If you are the parent of a dependent child who was under age 18 on January 1, 2007, and who had only investment income, you may elect to report the child's income on your own return instead of filing a separate return for the child.

For purposes of the following chart, a person is treated as being age 65 (or older) if his or her 65th birthday is on or before January 1, 2008. Blindness is determined as of December 31, 2007.

File a return for 2007 if you are a --

Single dependent. Were you age 65 or older, or blind?

No. You must file a return if any of the following apply:

  • Your unearned income was over $850.
  • Your earned income was over $5,350.
  • Your gross income was more than the larger of:
  • $850 or
  • your earned income (up to $5,050) plus $300.

Yes. You must file a return if any of the following apply:

  • Your unearned income was over $2,150 ($3,450 if 65 or older and blind).
  • Your earned income was over $6,650 ($7,950 if 65 or older and blind).
  • Your gross income was more than:
  • $850 or
  • your earned income (up to $5,050) plus $300
  • plus $1,300 ($2,600 if 65 or older and blind).

Married dependent. Were you age 65 or older, or blind?

No. You must file a return if any of the following apply:

  • Your unearned income was over $850.
  • Your earned income was over $5,350.
  • Your gross income was at least $5 and your spouse files a separate return and itemizes deductions.
  • Your gross income was more than the larger of:
  • $850 or
  • your earned income (up to $5,050) plus $300.

Yes. You must file a return if any of the following apply

  • Your unearned income was over $1,900 ($2,950 if 65 or older and blind).
  • Your earned income was over $6,400 ($7,450 if 65 or older and blind).
  • Your gross income was at least $5 and your spouse files a separate return and itemizes deductions.
  • Your gross income was more than:
  • $850 or
  • your earned income (up to $5,050) plus $300
  • plus $1,050 ($2,100 if 65 or older and blind).

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Summary

  • Whether or not you need to file a return is generally guided by your income, age, and filing status.
  • Whether you are age 65 or older is generally determined by having a birthday on or before the end of the year, but if your 65th birthday is on January 1, 2008, you are treated as being age 65 at the end of 2007.

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14 Comments

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  • Yahoo! Finance User - Sunday, January 11, 2009, 2:17PM ET  Report Abuse

    • Overall: 1/5

    I'm still confused if my dependant daughter has to file a return or not. Would be nice if there were links for descriptions on the words (ie what is earned income and unearned income?)

  • __A_YAHOO_USER__ - Sunday, February 4, 2007, 5:50AM ET  Report Abuse

    • Overall: 1/5

    Taxes? Smaxes. USA is already an oligarchy or more correctly, a nation of fearful, greedy moronic "patriots" willing to destroy the world to retain their right to shop at the mall in transport of choice - the gas gluttons SUV. Incredible. Reclaim the country stolen as a business.

  • Merry - Friday, January 26, 2007, 12:29AM ET  Report Abuse

    • Overall: 2/5

    I thought this website was very helpful but did not really address the matter of disablity income. I made more than listed here but according to IRS I do not have to file. Will still recommend this site to my friends.

  • Witnessnbr1 - Thursday, January 25, 2007, 11:11PM ET  Report Abuse

    • Overall: 1/5

    The items about gross income are correct, however, the issue is whether those items come from a TAXABLE SOURCE, which most Americans earn income from a NONtaxable source. Check out www.whatistaxed.com, or just search the actual law for 'taxable income'. You'll find that the source of your gross income is probably not listed. As for taxes needed to 'run the government', is that why we are over 9 TRILLION dollars in debt? Is that why Social Insecurity must be budgeted EVERY YEAR? This country is in for a big fall...worse than the depression. Just wait and see.

  • Marvin - Thursday, January 25, 2007, 11:07PM ET  Report Abuse

    • Overall: 1/5

    The truth of the matter is that any form that requires information from us, that can be used against us in a court of law - MUST BE GIVEN VOLUNTERILY. This is established in the fith admendment of the Constitution. No one can be forced to be a witness against himself. Therefore the 1040 must be voluntary. Most Americans can obtain their IMF (master file) from the IRS. It is in code, but you can purchase the booklet to decode it. In most cases it will show that you are not required to file a 1040. Check out the film by Arron Russo - America From Freedom To Fascism. You will be amazed. Check out: www.freedomtofascism.com

Showing comments 1-5 of 14Next >>

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