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Who Needs to File a U.S. Tax Return, and on Which Form?

By ein-itin.com Published Updated 2 min read
Who Needs to File a U.S. Tax Return, and on Which Form?
Contents

Whether you must file a U.S. federal tax return depends on who you are, not on whether you own a company. Individuals file when their income passes a threshold or when they have U.S. income as a non-resident. Corporations and most partnerships file every year, even with no income. Every return needs a tax number: an SSN or ITIN for a person, an EIN for a business.

Individuals

  • U.S. citizens and resident aliens file Form 1040 when their gross income is above the filing threshold for their age and filing status. The thresholds change every year; the IRS has an online tool that tells you whether you need to file.
  • Self-employed people file when their net earnings from self-employment are $400 or more, whatever their other income. See self-employed tax obligations.
  • Non-resident aliens file Form 1040-NR when they are engaged in a trade or business in the U.S., or have U.S. income on which the tax was not fully withheld.

A person who has to file and cannot get a Social Security number files with an ITIN. The first time, Form W-7 is attached to the return itself. See our ITIN application service.

Companies

  • Corporations file Form 1120 every year, whether or not they have income.
  • Partnerships and multi-member LLCs file Form 1065, and give each partner a Schedule K-1.
  • Single-member LLCs owned by a U.S. person are reported on the owner's own return, normally on Schedule C.
  • Single-member LLCs owned by a foreign person file a pro forma Form 1120 with Form 5472 attached. The penalty for not filing Form 5472 on time is $25,000.

Information Request Form

The Main Forms

FormWho uses it
Form 1040 and 1040-SRU.S. citizens and resident aliens; 1040-SR is the version for people aged 65 or over
Form 1040-NRNon-resident aliens
Schedule CProfit or loss of a sole proprietor or single-member LLC
Schedule SESelf-employment tax
Schedules A, B and DItemized deductions; interest and dividends; capital gains and losses
Form 1120 and 1120-SCorporations and S corporations
Form 1065Partnerships and multi-member LLCs
Form 5472Foreign-owned U.S. corporations and single-member LLCs
Form 4868 and Form 7004More time to file, for individuals and for businesses
Form 1040-XCorrecting a return that was already filed

Forms W-2, 1098 and 1099 are not returns you file: employers, lenders and clients send them to you, and you use the figures on your return.

When Returns Are Due

For a calendar year: March 15 for partnerships and S corporations, April 15 for individuals and corporations, and June 15 for non-resident aliens who had no wages subject to U.S. withholding. A date that falls on a weekend or holiday moves to the next business day.

Not sure which number you need before you can file? See ITIN vs EIN.

Source: IRS, Check if you need to file a tax return; IRS, Taxation of nonresident aliens; IRS, Instructions for Form 5472. Checked October 2026.

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Written by ein-itin.com

Ein-itin.com is a private filing service run by Cohen Investment LLC, founded in 2018 in Dover, Delaware. We prepare IRS Form W-7 (ITIN) and Form SS-4 (EIN) applications for people and businesses outside the United States. We are not the IRS, which charges no fee for either number.

Cohen Investment LLC is on the IRS list of ITIN acceptance agents.

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