Who Must File?

Whether or not you need to file a return usually depends on 3 things:

Filing Status

There are 5 filing statuses:

Single

Your filing status is single if, on the last day of the year, you are unmarried or legally separated from your spouse under a divorce or separate maintenance decree, and you don’t qualify to use the head of household or qualifying widow(er) filing status. You are also single if you were widowed before January 1, 2010, and didn’t remarry during 2010.

Married Filing Jointly

You’re considered married if, on the last day of the year, you are legally married and not legally separated under a divorce or separate maintenance decree. A married couple can choose to file a joint return or separate returns. If you live in a state that recognizes common-law marriages, then you can also file as a married couple.

If your spouse dies during the year, both you and your spouse are considered married for that tax year. If you don’t remarry during the year, you can file either a joint return or separate returns. If you do remarry in the same year that your spouse died, you need to file either a joint return or separate returns with your new spouse, and file a married filing separately return for your deceased spouse.

Married Filing Separately

A married couple may choose to file a joint return or separate returns. However, a joint return often results in a lower federal tax. If you file separate returns, the tax rates are generally higher and several deductions and credits are reduced, limited, or not allowed at all.

Qualifying Widow(er)

You can file as qualifying widow(er) if all of these requirements apply:

Head of Household

You can file as head of household if all of these requirements apply:

Married but Considered Unmarried for Tax Purposes

To be considered unmarried for tax purposes, you must be legally separated under a divorce or separate maintenance decree, or all of these requirements must apply:

Example: Let’s assume that you’ve lived apart from your spouse since February 3, 2010, you don’t have a divorce decree or a written separation agreement, and you don’t want to file a joint return. Because you paid more than half the cost of maintaining the home where you and your son lived all year, you’re considered unmarried for tax purposes, and you’re entitled to file as head of household.

By filing as head of household, you might be able to take advantage of some credits and deductions that aren’t available to married filing separately filers, such as the Earned Income Credit, child and dependent care credit, education credits, and the student loan interest deduction.

For more information, see IRS Publication 501: Exemptions, Standard Deduction and Filing Information.

2010 Filing Requirements for Most People

Gross income levels generally increase slightly every year based on inflation. In the list below, find your filing status and check to see if you need to file a return.

Single

Married filing jointly

Married filing separately

Qualifying widow(er) with a dependent child

Head of household

2010 Filing Requirements for Children and Other Dependents

If your parent (or someone else) can claim you as a dependent, the IRS looks at your gross income in terms of earned income and unearned income to determine whether or not you need to file a return. Check the list below to see if you need to file.

Single dependents under age 65 and not blind

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

Single dependents either age 65 or older or under age 65 and blind

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

Single dependents age 65 or older and blind

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

Other Reasons You Must File a Return

There may be times when you need to file a return even though your income falls below the gross income filing requirements. The most common reasons are:

Even if you don’t have to file, you should file a federal tax return to get money back if:

Since you’re due a refund, you don’t have to worry about paying a penalty for filing a late return. So, don’t delay -- make sure to file a return to get your money back. If you don’t file a return to claim your refund within three years, the money becomes the property of the U.S. Treasury.

To learn more, see the instructions for Form 1040, Form 1040A, or Form 1040EZ, or see the related topic, Sources of Income.