Skip to main content

Tax question, I am under the $9,000.00 of earned income for state and fed, should I even file?

Baton Rouge, LA |
Filed under: Tax law

I have one source of income this year and it was like $800.00, nothing was taking out. I will get a 1099. So I called a CPA, and they said that I need to file no matter what, then I am hit with a $250.00 fee.

If I am wrong, I will file, but would the IRS even care about the only income of a person is $800.00. They have to know without question that I would not owe anything to them. So why would they fight for a filing? I mean, Sure if I made something near the cut off I can see without question, but am I missing something?

Attorney Answers 3


Since it was a 1099, I assume you are self employed. If this is the case, you need to file if you have over $400 of income because of self-employment taxes. The other limit only applies to wage earners.

If the 1099 is from a source that is not earned income such as SSI or unemployment, filing will likely have no effect. Most of the credits are available only with earned income. But if you have made any deposits, or had any withholding, filing is the only way to get it back.

So in summary, if you are self-employed, you have to file. If you are a wage earner, you might be able to get enough back in credits to make it worth it.

Christopher Larson
Insight Law

Mark as helpful

2 lawyers agree


Without knowing the type of income represented by the $800, it is difficult to answer your question. If this is self employment income you could have self employment taxes due if you do not have any offsetting expenses. This would obligate you to file a return as stated by attorney Larson. If you had any taxes withheld on this income you would have to file to receive a refund as well. For a return this simple you should be able to file for less than $250. There are many free sites on line that will handle a return like this.

Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.

Mark as helpful

1 lawyer agrees


often even if you NEED not file you would be smart to file so:
1/ You don't lose out on any refunds or benefit due and
2/ You start the statute of limitations running on the tax year.
If you don't file, the tax year may remain open forever.
Possibly you can contact the revenue officer, point out that you did not file based upon advice of a professional, and the $250 penalty can be abated (forgiven)

This is general legal information, not intended to apply to your specific case. And I may not be licensed to practice in your particular state. Under Federal Law, I am a debt relief agent.

Mark as helpful

2 lawyers agree

Tax law topics

Recommended articles about Tax law

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics