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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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  • bryan e - Thursday, January 25, 2007, 8:52PM ET  Report Abuse

    • Overall: 1/5

    Several years have gone by since a $50.000.00 reward was offered to the first person who could identify the law that makes most people liable for an "income" tax. So far, NO ONE, NOT EVEN THE IRS AGENTS themselves have been able to claim this prize! It doesn't look like the author of this article could claim it either. If you're a bit puzzled by this, look up Joe Banister on the net. He worked for the IRS, when he started asking about the "income" tax laws, he was asked to resign!

  • Yahoo! Finance User - Thursday, January 25, 2007, 8:10PM ET  Report Abuse

    • Overall: 1/5

    About the only truthfull thing in this article is the art "Gross income is generally all the income that you received in 2006, except for items specifically exempt from tax. " And all domestic income from labor is exempt by way of the Constitution of the United States. That's the law. Our government is so deceitful. We are on our way to tyranny for sure. Do you have direct or indirect income? Try to find your domestic income from labor in the statues. You can't....Enough said.

  • Yahoo! Finance User - Thursday, January 25, 2007, 5:07PM ET  Report Abuse

    • Overall: 3/5

    To to the person who commented before me...Who cares whether or not it's a law? If we didn't pay taxed we we wouldn't be able to finance the Government. What about the Army, the Air Force, the Navy, the Marines, the Coast Guard, the FBI, the CIA, the Police, and every other thing that holds this country together. Taxes do suck, but they are necessary.

  • Yahoo! Finance User - Thursday, January 25, 2007, 5:06PM ET  Report Abuse

    • Overall: 1/5

    Yet they do not site a law that will tell you who needs to file a claim. Why is that? Maybe there isn't one?!? Check it out for yourself.

  • MaryB - Thursday, January 25, 2007, 5:02PM ET  Report Abuse

    • Overall: 2/5

    The information is clear until under filing test for dependents: You must file a return if any of the following apply: I understand all the statements except "Your gross income was more than $850 or your earned income (up to $4,850) plus $300."

  • Yahoo! Finance User - Thursday, January 25, 2007, 4:59PM ET  Report Abuse

    • Overall: 5/5

    It was very easy to understand, straightfoward. It cleared up my questions.

  • Yahoo! Finance User - Thursday, January 25, 2007, 4:47PM ET  Report Abuse

    • Overall: 2/5

    Can you show me the law that requires us to pay income tax? I hear more and more that there isn't a law, but we all still keep paying. Thanks

  • Pam - Thursday, January 25, 2007, 4:31PM ET  Report Abuse

    • Overall: 5/5

    this was very clear for me, I really appreciated all the tips. Good information!

  • Yahoo! Finance User - Thursday, January 25, 2007, 4:31PM ET  Report Abuse

    • Overall: 5/5

    would like to have this same guide and know if the same for the past 6 years

Showing comments 6-14 of 14<< Previous

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