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Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 28084
Experience:  Taxes, Immigration, Labor Relations
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is it mandatory that a federal income tax return be filed eventhough

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is it mandatory that a federal income tax return be filed eventhough the state of Tennessee does not require filing of personal income taxes ?

LEV :

Hi and welcome to Just Answer!
There are certain requirements for filing federal personal income tax returns - which are mainly based on gross income and filing status.

LEV :

Specifically - see IRS publication 501 - www.irs.gov/pub/irs-pdf/p501.pdf‎ - page 3 - Who Must File.
For simple determination - see page 2 - Table 1. 2012 Filing Requirements Chart for Most Taxpayers.
Thus a single person under 65 is required to file the income tax return in 2012 if his/her gross income was $9750.

LEV :

Same filing requirements apply when we are filing a final tax return for the decedent.

LEV :

So far:
- it is not always mandatory to file a federal individual income tax return
- filing requirements for filing federal individual income tax return are not related to state filing requirements - but are based on federal laws.

LEV :

Let me know if you need help to determine filing requirements in your specific situation.

Customer:

the question you've answered was intended as a followup to the original consultant.

LEV :

Actually - you posted a separate question in the Tax category.
If your intention is to ask a followup question - I might suggest to post your reply on the same page.

Customer:

since you seem to be a consultant for tax matters and are willing to answer, you might be a better solution. as background information, the question is directed at whether or not a federal return must be filed for the estate of my deceased father. the will has been probated but not closed yet. on the whole, we are showing expenses associated with properties exceeding income. the overall 'loss' could be carried forward to the final estate return when it is closed. i don't believe a 2012 loss can be considered if a return were filed for 2013 / 14. is the estate required to file a return #1 plus am i correct in my assumption about claiming loss(es) ?

LEV :

In your original statement you asked about personal income tax return.
In your situations - there are three main types of tax returns - and an executor of the estate is responsible for all:
- Final tax return for the decedent (form 1040) - includes all income up to the date of death.
- Income tax return for the estate (form 1041) - includes all income after to the date of death.
- Estate tax return for the estate (form 706) - mainly for large estates with the total value above $5,000,000.
Filing requirements for the Final tax return for the decedent are outlined above.
Filing requirements for the Income tax return for the estate (form 1041) - see instructions -


www.irs.gov/pub/irs-pdf/i1041.pdf - page 4 - Who Must File - Decedent's Estate
The fiduciary (or one of the joint fiduciaries) must file Form 1041 for a domestic estate that has:
1. Gross income for the tax year of $600 or more, or
2. A beneficiary who is a nonresident alien.
If the estate has deductible expenses in exceed of income - it has NOL - net operating loss - which is carried to other tax years and not passed to beneficiaries.
If you want to use NOT - you need to file the tax return even it is not required. Only on the final tax return unused losses and deductions are passed to beneficiaries.

Customer:

i realize my original question and thought it was being directed to the original consultant. the just answer system appears to know better than I what i wanted. your answer is concise and tells me exactly what i need to know. thank you.

LEV :

You are welcome. I am glad to be helpful.

Lev and 2 other Tax Specialists are ready to help you