Hi party people. Since I am in tax instructor mode, a lot of my upcoming entries will be to educate you as to what goes on when you file your income taxes. Taxes are a very important part of everybody’s life and it is something that should be taught more in school. In any case, here we go:
The first step in preparing an income tax return is to determine if the taxpayer needs to file one in the first place. Special filing requirements apply to taxpayers who may be claimed as dependents on other taxpayers’ returns. In order to determine if a taxpayer is required to file an income tax return, you need to know three things:
• Marital status
• Age
• Gross income
Marital Status
Marital status (married or unmarried) is determined on the last day of the tax year. The marital status of a person who died during the year, as well as that of the surviving spouse, is determined as of the date of death.
You need to know the marital status and whether the taxpayer is age 65 or older because these facts help you determine how much gross income the taxpayer may have before being required to file. Once marital status is determined, you need to know whether a married couple will file a joint return or separate returns because this choice also affects filing requirements with respect to income.
A taxpayer is considered married if, at the end of the tax year, he is in a common-law marriage that is recognized in the state where the couple is residing or was at the time recognized by the state where the common-law marriage began. California has not recognized a common law marriage since 1900 so you can figure that they aren’t the norm here. If you were common law in another state and move to California, it will be recognized. While specific requirements vary by state, a common-law marriage generally must meet four legal standards:
• The parties must have the legal capacity to marry.
• The parties must have the current intent to marry. That is, they must intend to be husband and wife and must communicate that intent to one another.
• The couple must live together as husband and wife.
• The parties must publicly present themselves as husband and wife.
It is a common misconception that a couple must live together for a set number of years to have a common-law marriage. In reality, there is no time limit if the four conditions listed above are met. While some states allow common-law marriages, there is no such thing as a common-law divorce. If the partners decide to go their separate ways, they must petition the state court for a decree of divorce just like any other married couple.
Bottom line is that if you are unsure if a relationship is a common-law marriage, the couple should get the advice of an attorney familiar with marriage law.
Same-sex marriages are not recognized under federal law, which currently defines a marriage as “a legal union between one man and one woman as husband and wife.” For federal tax purposes, individuals in same-sex unions must use a filing status available to unmarried taxpayers. However, individual states may enact legislation regarding the legal status of same-sex unions within those states.
Age
For general tax purposes, a person is considered to have attained any given age on the first moment of the last day of that year of his life; that is to say, the day before his birthday. A taxpayer is considered to have attained the age of 65 on the day before his or her 65th birthday. Some special rules apply to children with regard to age. For several specific tax purposes, children are considered to have attained a certain age on their birthday. More on that in another entry.
Gross Income
Gross Income Gross income is the total worldwide income subject to tax. There are two aspects to determining gross income:
• Who owns the income
• What income should be reported on a tax return
Ownership of income, in the case of a married couple, is determined by state law. The laws regarding the ownership of income and property in most states are based on British common law. These states are called separate property states. In separate property states, income received belongs to the spouse who earned it or who owns the property that produced the income.
Nine states are community property states. With the exception of Wisconsin, the laws of community property states are based on Spanish civil law. Generally, in community property states, income received for services performed is considered to belong half to the husband and half to the wife, regardless of which of them earned it.
The laws regarding the ownership of income from property vary among these states. Generally, ownership of income needs to be determined only if the couple files separate returns. For federal income tax purposes, there are five filing statuses:
1. Single
2. Married filing jointly
3. Married filing separately
4. Head of Household
5. Qualifying widow(er) Additionally, the standard deduction is increased by state and local real estate tax paid up to $500 ($1,000 if married filing jointly). Also, the standard deduction is increased by a disaster loss in a federally declared disaster area. Your net disaster loss is your personal casualty losses in a federally declared disaster area minus any personal gain. Elderly taxpayers use the extra amount for age when computing their gross income filing requirements, but the extra amount allowed for blindness does apply (double check this yourself if you need to apply it).
General Rule:
For most taxpayers, a tax return is required when gross income equals or exceeds the sum of the taxpayer’s standard deduction and the personal exemption amount.
Exception:
The standard deduction is an amount of income not subject to tax, which varies based on filing status. The regular standard deductions for 2008 are:
• $5,450 — Single or married filing separately
• $10,900 — Married filing jointly or qualifying widow(er)
• $8,000 — Head of household
Taxpayers who are age 65 or older or who are blind are entitled to increased standard deductions. The additional deduction is $1,350 for each condition for singles and heads of households, and $1,050 for all married taxpayers and qualifying widowers.
A taxpayer may claim the additional standard deduction for blindness if he is legally blind at the close of the tax year.
A taxpayer who is partially but legally blind, or whose sight is unlikely to ever improve beyond that condition, must obtain a statement certified by his eye doctor or registered optometrist. The statement must be retained by the taxpayer with his records; it need not be attached to the return or sent to the IRS.
Specific requirements must be met in order to qualify for each filing status. We will discuss it in other entries or you may find more info on my site or at www.irs.gov.
And that may be enough for now, don’t you think?
I will try and tackle more tax issues as I get more time. I am swamped these days (but ALWAYS looking for more work) and if you have any questions – please keep them coming and I will try to get back to you as soon as I can.
Kim Isaac Greenblatt
First Steps In Preparing a Tax Return