Part 1 Flashcards
Individual
DO I HAVE TO FILE A RETURN?
If you are a citizen or resident of the United States or a resident of Puerto Rico and meet the filing requirements.
WHAT ARE THE CATEGORIES OF PEOPLE WHO NEED TO FILE A RETURN IF THEY MEET THE FILING REQUIREMENTS?
- Individuals in general (Special rule for individuals whose spouse has died, executors, administrators, legal representatives, U.S. citizens, and resident living outside the United States, residents of Puerto Rico, and individuals with income from U.S. territories)
- Decendents
- Certain children under age 19 or full-time students
- Self-employed persons
- Aliens
FILING REQUIREMENTS FOR INDIVIDUALS
If you are a U.S. citizen or resident, filing a return depends on your gross income, your filing status, and your age.
GROSS INCOME
Includes all income you receive in the form of money, goods, property, and services that isn’t exempt from tax. Also includes income from sources outside the U.S. or the sale of your main home (even if you can exclude all or part of it).
Include part of your social security benefits if:
1. You were married, filing a separate return, and you lived with your spouse at any time during 2023; or
2. Half your social security benefits plus your other gross income and any tax-exempt interest is more than $25,000 ($32,000 if married filing jointly)
COMMUNITY PROPERTY STATES
Includes Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.
Must follow state law to determine what is community property and what is separate income.
A registered domestic partner in Nevada, Washington, or California must generally report half the combined community income of the individual and their domestic partner.
FILING STATUS
Your filing status depends on whether you are single or married and on your family situation. It is determined on the last day of your tax year, which is December 31 for most taxpayers.
AGE
If you are 65 or older at the end of the year, you can generally have a higher amount of gross income than other taxpayers before you must file.
TABLE 1.1: 2023 FILING REQUIREMENTS FOR MOST TAXPAYERS (GROSS INCOME TABLE)
***If you didn’t live with your spouse at the end of 2023 (or on the date your spouse died) and your gross income was at least $5, you must file a return regardless of your age.
SURVIVING SPOUSE, EXECUTORS, ADMINISTRATORS, AND LEGAL REPRESENTATIVES
You must file a return for a decedent if both of the following are true:
- Your spouse died in 2023 or you are executor, administrator, or legal representative.
- The decedent met the filing requirements at the date of death
US CITIZENS AND RESIDENT ALIENS LIVING ABROAD
To determine whether you must file a return, include in your gross income, any income you received abroad, including any income you can exclude under the foreign earned income exclusion.
INDIVIDUALS WITH INCOME FROM US TERRITORIES
If you had income from Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, or the U.S. Virgin Islands, special rules may apply when determining whether you must file a U.S. federal income tax return. In addition, you may have to file a return with the individual island government.
RESIDENTS OF PUERTO RICO
If you are a U.S. citizen and also a bona fide resident of Puerto Rico, you must generally file a U.S. income tax return for any year in which you meet the income requirements. This is in addition to any legal requirement you may have to file an income tax return with Puerto Rico.
If you are a bona fide resident of Puerto Rico for the entire year, your U.S. gross income doesn’t include income from sources within
Puerto Rico. It does, however, include any income you received for your services as an employee of the United States or a U.S. agency. If you receive income from Puerto Rican sources that isn’t subject to U.S. tax, you must reduce your standard deduction. As a result, the amount of income you must have before you are required to file a U.S. income tax return is lower than the applicable amount in Table 1-1 or Table 1-2.
DEPENDENTS
RESPONSIBILITY OF A PARENT
- Generally, a child is responsible for filing their own tax return and for paying any tax on the return. If a dependent child must file an income tax return but can’t file due to age or any other reason, then a parent, guardian, or other legally responsible person must file it for the child. If the child can’t sign the return, the parent or guardian must sign the child’s name followed by the words “By (your signature), parent for minor child.”
CHILD’S EARNINGS
- Amounts a child earns by performing services are included in the child’s gross income and not the gross income of the parent. This is true even if under local law the child’s parent has the right to the earnings and may actually have received them. But if the child doesn’t pay the tax due on this income, the parent is liable for the tax.
CERTAIN CHILDREN UNDER AGE 19 OR FULL-TIME STUDENTS
If a child’s only income is interest and dividends (including capital gain distributions and Alaska Permanent Fund dividends), the child was under age 19 at the end of 2023 or was a full-time student under age 24 at the end of 2023, and certain other conditions are met, a parent can elect to include the child’s income on the parent’s return. If this election is made, the child doesn’t have to file a return.
SELF-EMPLOYED PERSONS
You are self-employed if you:
- Carry on a trade or business as a sole proprietor,
- Are an independent contractor,
- Are a member of a partnership, or
- Are in business for yourself in any other way.
You must file a return if your gross income is at least as much as the filing requirement amount for your filing status and age (shown in Table 1-1). Also, you must file Form 1040 or 1040-SR and Schedule SE (Form 1040), Self-Employment Tax, if:
- Your net earnings from self-employment (excluding church employee income) were $400 or more, or
- You had church employee income of $108.28 or more. (See Table 1-3.)
Use Schedule SE (Form 1040) to figure your self-employment tax. Self-employment tax is comparable to the social security and Medicare tax withheld from an employee’s wages.
SCHEDULE SE (FORM 1040)
Used to figure your self-employment tax.
EMPLOYEES OF FOREIGN GOVERNMENTS OR INTERNATIONAL ORGANIZATIONS
If you are a U.S. citizen who works in the United States for an international organization, a foreign government, or a wholly owned instrumentality of a foreign government, and your employer isn’t required to withhold social security and Medicare taxes from your wages, you must include your earnings from services performed in the United States when figuring your net earnings from self-employment.
MINISTERS
You must include income from services you performed as a minister when figuring your net earnings from self-employment, unless you have an exemption from self-employment tax. This also applies to Christian Science practitioners and members of a religious order who have not taken a vow of poverty.
TABLE 1-2: 2023 FILING REQUIREMENTS FOR DEPENDENTS
ALIENS
Your status as an alien (resident, nonresident, or dual-status) determines whether and how you must file an income tax return.
RESIDENT ALIEN
If you are a resident alien for the entire year, you must file a tax return following the same rules that apply to U.S. citizens.
NONRESIDENT ALIEN
If you are a nonresident alien, the rules and tax forms that apply to you are different from those that apply to U.S. citizens and resident aliens.
DUAL-STATUS TAXPAYER
If you are a resident alien for part of the tax year and a nonresident alien for the rest of the year, you are a dual-status taxpayer.
TABLE 1-3: OTHER SITUATIONS WHEN YOU MUST FILE A 2023 RETURN