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SmartMoney
Published January 29, 2007  |  A A A
Taxes by Bill Bischoff (Author Archive)

In Some Cases, You Don't Need to File a Tax Return

Updated on January 20, 2009.

IF YOU'VE CLICKED on this article, you're probably hoping you don't need to file a tax return this year. Obviously, most people do. But if your income was low enough, you may be off the hook. Here's what you need to know.

So how low is low? See the 2008 maximums in the table below. If your income was below that amount, you probably don't need to file a federal return for 2008. (Just because you're not required to file a federal Form 1040 doesn't necessarily mean you're also excused from filing state and/or local income tax returns. Check on that before concluding you're entirely in the clear.)

For this purpose, gross income basically means potentially taxable income from all sources, including income from outside the U.S. (even if the tax rules allow you to exclude all or part of that income). Don't include Social Security benefits unless you use married filing separate status and lived with your spouse at any time during 2008. However, if you received Social Security benefits, you will need to do a separate calculation using the worksheet provided in the Form 1040 instructions to see if any of your benefits are taxable. If they are, you generally must file a return.

Filing Status
Your Age on 12/31/08
Gross Income Threshold ($)
SingleUnder 658,950
65 or older10,300
Head of householdUnder 6511,500
65 or older12,850
Married filing jointlyBoth spouses under 6517,900
One spouse 65 or older18,950
Both spouses 65 or older20,000
Married filing separatelyAny age3,500
Qualifying widow(er) with dependent childUnder 6514,400
65 or older15,450
* If you file jointly but were not living with your spouse as of Dec. 31, 2008 (or on the date your spouse died, if applicable), you must file a return (regardless of your age) if your 2008 gross income exceeded $3,500.
** If your spouse died in 2006 or 2007, and you had at least one dependent child during 2008, you can file as a qualifying widow or widower for last year. If you qualify, this means you can calculate your federal income tax bill using the more-favorable standard deduction amount and tax bracket amounts for joint filers.

Reduced gross income thresholds apply if you're claimed as a dependent on another person's Form 1040 for 2008. In this case, you cannot file jointly with your spouse if you're married (you must file using married filing separate status in order to be claimed as a dependent on another person's return). Once again, these income thresholds are based on the 2008 standard deduction and personal exemption amounts, and they depend on which of the following four scenarios you fit into.

Scenario 1: You were unmarried (and not age 65 or older or blind) at the end of 2008

Scenario 2: If you were unmarried and age 65 or older or blind at the end of 2008

Scenario 3: If you were married (and not age 65 or older or blind) at the end of 2008

Scenario 4: If you were married and age 65 or older or blind at the end of 2008

Regardless of your gross income, you must file a 2008 Form 1040 if you are in any of the following situations.

You owe any "special taxes" for 2008 such as the alternative minimum tax, special taxes related to an IRA or qualified retirement plan account (such as the 10% penalty tax on IRA withdrawals before age 59 1/2), or federal employment taxes for a household employee. (This is not an exhaustive list of "special taxes.")

You received advanced earned income credit payments from your employer in 2008 (these will be shown on your 2008 Form W-2).

You had net earnings from self-employment of $400 or more for 2008.

You had wages of $108.28 or more in 2008 from a church or church-controlled organization that is exempt from Social Security and Medicare taxes.
You May Still Want to File If...
Say your 2008 gross income was low enough that you're not required to file Form 1040 for last year. Great, but it may be a good idea to file anyway. Here's why.
You may be due a federal income tax refund for 2008, for example, because of the refundable earned income tax credit or the refundable dependent child tax credit. No 2008 return means no refund.

Until your 2008 return is filed, the three-year statute of limitations period for the commencement of an IRS audit won't start. So the IRS could decide to audit your 2008 tax situation five years (or more) from now, and hit you with a tax bill plus interest and penalties. In contrast, if you file a 2008 return showing zero federal income tax liability, the IRS generally must begin any audit of your 2008 tax year within three years of the filing date.

If you had an overall capital loss for 2008 caused by investment losses, you can carry that loss forward to future tax years and offset otherwise taxable capital gains in those years. However, you must file a 2008 return to establish that you incurred a tax-saving capital loss carryover last year.

If you had an overall net operating loss (NOL) for 2008 caused by business losses, you can carry the NOL back to your 2006 tax year and possibly claim a refund. Alternatively, you can choose to carry the NOL forward to future tax years and offset otherwise taxable income earned in those years. However, you must file a 2008 return to establish that you generated a tax-saving NOL last year.

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User Comments
Posted by: usa_gatekeeper
Here's an example of it costing you to NOT file a return.

There is a Massachusetts 'Circuit Breaker' Tax Credit for many 65+ residents who paid rent or real estate taxes during the tax year.

!!KEY!!: The senior must file a state income tax return to claim the 'Circuit Breaker Credit', whether or not they have to file otherwise.

Many Mass seniors who are no longer required to file federal (and thus state) returns due to low income, etc., are missing out on this 'tax credit' because they don't file any tax returns.

Homeowners* may claim the credit if they paid more than 10% of their total income for real estate taxes, including water and sewer debt charges, while renters* can count 25% of their rent as real estate tax payments.

*For more info:
http://www.massresources.org/pages.cfm?contentID=69&pageID=12&Subpages=yes
Posted by: Captain_golstubble
There is no law that requires you to file a tax report. Your proof is in the constitution. The income tax is neither an indirect tax nor a direct tax (direct taxes must be apportioned (equal for everyone)), therefore it is unconstitutional. If the IRS takes you to court because of so-called 'tax evasion', just ask them to find the law that says you must file a 1040. Even in the IRS manual, it states that the income tax is a Voluntary tax.
Posted by: super0007
my mom recieved letter which sid missing document affidavit of support ..but the problem is my mom she has never worked in her life so she doesnt has either w-2 or 1040 forms .we as a co-sponsors or household members dont make enough money to support her affidavit..we already got joint sponsors they make enough money to sponsor all my sis/bros..we already have there complete filledout i-864 with all documents w-2 last 3 yrs and 1040's with job letters transcrIpt ..please explain me what to do ???we dont make enough but we have joint sponsors already so what my mom has to do ....my e-mail is super0007@earthlink.net
Posted by: jahigh
Hi,
I am currently living in a foreign country and trying to help my foreign wife get an immigration visa. I did not fill out a 1040 for the past three years because I didn't earn enough to have to fill one out, but the immigration authorities need 1040 forms for the past three years. They said I need to show proof that I didn't need to fill out the 1040 forms, otherwise I have to show them the forms. Where can I find the same information in the article, but from a government source?
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