§ IRS Tax Topics

IRC §6012 · 26 U.S.C. §6012

IRC §6012: Who Must File a Return

By Paul D. Diaz, EA, MBA · Updated

IRC §6012 sets the filing requirement — income over the threshold, $400 of self-employment earnings, and a dozen special cases trigger it. File even when not required: refunds and credits only come through a filed return.

Watch: Section 6012 in 36 seconds.

What it governs

Related sectionsIRC §6651 — the penalty for ignoring §6012 · IRC §6501 — an unfiled return never starts the clock
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Questions this section answers

Do I have to file if I earned under the threshold?
Usually not — but file anyway if withholding was taken, you qualify for credits, or you want the year on record. An unfiled year with a refund owed is a gift to the Treasury that expires in three years.
I’m self-employed with $500 of profit — must I file?
Yes. The $400 net-earnings test has no other qualifier — $500 of Schedule C profit means a return, even with zero income tax due. Social Security and Medicare still want their share.
What if I can’t pay what the return shows?
File it anyway. The failure-to-file penalty runs 5% a month against 0.5% for failure-to-pay — filing broke is ten times cheaper than not filing. The balance can go on a plan; the missing return cannot wait.
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