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Who has to file an income tax return?

February 16, 2010

Your father asks if it's true people over age 70 no longer need to send in tax forms. Your workout buddy wonders whether everybody has to file, even when no tax is due. Your college freshman wants to know if she'll need to prepare a return for 2009 since she's a full-time student and you'll be claiming her as a dependent.

Taxes are the topic of conversation this time of year and questions like these are common. So who does have to file a federal income tax return?

As a general rule, you'll need to file when your gross income exceeds the sum of your standard deduction plus your personal exemption. That's true no matter what your age is or whether you will or will not owe tax.

For instance, say you're married, filing jointly, and you and your spouse are both over 65. For 2009 returns, you'll need to complete tax forms when your gross income exceeds $20,900. In this case, the calculation includes:

Standard deduction

$11,400

Plus additional standard deduction ($1,100 each) because you're both over 65

2,200

Plus two $3,650 personal exemptions

    7,300

$20,900

The rules for dependents differ. Assuming your college freshman dependent is single, she'll have to file a return when her unearned income from sources such as interest, dividends, and capital gains is more than $950.

Did she work? The filing requirement kicks in when wages are more than $5,700. When her income is a combination of earned and unearned, the answer depends on the total gross amount received.

Even if it turns out she's not required to file, sending in a return may be a good idea. For example, if withholding was deducted from her wages, she'll have to file a return to get a refund.

Please contact our office if you need additional information or filing assistance.

For more information, contact Ross Rizzo at 212-404-5528, rrizzo@sb-cpa.com.

"Tax Tips" are published weekly to provide current tax information, tax-cutting suggestions, and tax reminders. If you would like more information on anything in "Tax Tips," or if you'd like to be on our mailing list to receive other tax information from time to time, please contact our office.

The tax information contained in this site is of a general nature and should not be acted upon in your specific situation without further details and/or professional assistance.

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