[Code of Federal Regulations]
[Title 26, Volume 13]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR]

[Page 111-114]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
Procedure and Administration--Table of Contents
 
Sec.  1.6015(a)-1  Declaration of estimated income tax by individuals.

    (a) Requirement--(1) Taxable years beginning after December 31, 
1971. With respect to taxable years beginning after December 31, 1971, a 
declaration of estimated income tax by an individual is not required if 
the estimated tax (as defined in section 6015(c)) can reasonably be 
expected to be less than $100. In all other cases a declaration of 
estimated income tax shall be made by

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every individual if the following conditions are met and if such 
individual is not a nonresident alien individual who is excepted under 
section 6015(i) and Sec.  1.6015(i)-1 from the requirements of making a 
declaration:
    (i) The gross income for the taxable year can reasonably be expected 
to exceed:
    (a) $20,000, in the case of:
    (1) A single individual including a head of a household (as defined 
in section 2(b)) or a surviving spouse (as defined in section 2(a)); or
    (2) A married individual entitled under section 6015(b) to file a 
joint declaration with his spouse, if his spouse has not received wages 
(as defined in section 3401(a)) for the taxable year; or
    (b) $10,000, in the case of a married individual entitled under 
section 6015(b) to file a joint declaration with his spouse, if both he 
and his spouse have received wages (as defined in section 3401(a)) for 
the taxable year; or
    (c) $5,000, in the case of a married individual not entitled under 
section 6015(b) to file a joint declaration with his spouse; or
    (ii) The gross income can reasonably be expected to include more 
than $500 from sources other than wages (as defined in section 3401(a)).
    (2) Taxable years beginning after December 31, 1966, and before 
January 1, 1972. With respect to taxable years beginning after December 
31, 1966, and before January 1, 1972, a declaration of estimated income 
tax by an individual is not required if the estimated tax (as defined in 
section 6015(c)) can reasonably be expected to be less than $40. In all 
other cases a declaration of estimated income tax shall be made by every 
individual if the following conditions are met and if such individual is 
not a nonresident alien individual who is excepted under section 6015(i) 
and Sec.  1.6015(i)-1 from the requirement of making a declaration:
    (i) The gross income for the taxable year can reasonably be expected 
to exceed:
    (a) $5,000, in the case of:
    (1) A single individual other than a head of a household (as defined 
in section 1(b)(2) for taxable years ending before January 1, 1971, or 
as defined in section 2(b) of the Code as amended by the Tax Reform Act 
of 1969 for taxable years beginning after December 31, 1970) or a 
surviving spouse (as defined in section 2(b) for taxable years ending 
before January 1, 1971, or as defined in section 2(a) of the Code as 
amended by the Tax Reform Act of 1969 for taxable years beginning after 
December 31, 1970);
    (2) A married individual not entitled under section 6015(b) to file 
a joint declaration with his spouse; or
    (3) A married individual entitled under section 6015(b) to file a 
joint declaration with his spouse, but only if the aggregate gross 
income of such individual and his spouse for the taxable year can 
reasonably be expected to exceed $10,000; or
    (b) $10,000, in the case of:
    (1) A head of household (as defined in section 1(b)(2) for taxable 
years ending before January 1, 1971, or as defined in section 2(b) of 
the Code as amended by the Tax Reform Act of 1969 for taxable years 
beginning after December 31, 1970); or
    (2) A surviving spouse (as defined in section 2(b) for taxable years 
ending before January 1, 1971, or as defined in section 2(a) of the Code 
as amended by the Tax Reform Act of 1969 for taxable years beginning 
after December 31, 1970); or
    (ii) The gross income can reasonably be expected to include more 
than $200 from sources other than wages (as defined in section 3401(a)).
    (3) Taxable years beginning before January 1, 1967. With respect to 
taxable years beginning before January 1, 1967, and after December 31, 
1960, a declaration of estimated income tax by an individual is not 
required if the estimated tax (as defined in section 6015(c)) can 
reasonably be expected to be less than $40. In all other cases a 
declaration shall be made by every citizen of the United States, whether 
residing at home or abroad, every individual residing in the United 
States though not a citizen thereof, every nonresident alien who is a 
resident of Canada, Mexico, or Puerto Rico and who has wages subject to 
withholding at the source under section 3402, and every nonresident 
alien who has been, or expects to be, a resident of Puerto Rico during 
the entire taxable year, if:

[[Page 113]]

    (i) The gross income for the taxable year can reasonably be expected 
to exceed:
    (a) $5,000, in the case of:
    (1) A single individual other than a head of a household (as defined 
in section 1(b)(2)); or
    (2) A married individual not entitled under section 6015(b) to file 
a joint declaration with his spouse; or
    (3) A married individual entitled under section 6015(b) to file a 
joint declaration with his spouse, but only if the aggregate gross 
income of such individual and his spouse for the taxable year can 
reasonably be expected to exceed $10,000; or
    (b) $10,000, in the case of:
    (1) A head of a household (as defined in section 1(b)(2)); or
    (2) A surviving spouse (as defined in section 2(b)); or
    (ii) The gross income can reasonably be expected to include more 
than $200 from sources other than wages (as defined in section 3401(a)).
    (b) Income of child. In estimating his gross income for the taxable 
year a parent should not take into account the income of his minor 
child. Such income is not includible in the gross income of the parent. 
See section 73 and Sec.  1.73-1.
    (c) Exemption of spouse. For the purpose of determining whether a 
declaration of estimated tax is required under the provisions of 
paragraph (a)(3) of this section, a married person filing a separate 
declaration may not take into account the exemption of his spouse, if 
his spouse has, or is reasonably expected to have, gross income, or is 
reasonably expected to be the dependent of another taxpayer for the 
taxable year.
    (d) Nonresident alien individuals. For the rules exempting certain 
nonresident alien individuals from the requirement of making a 
declaration of estimated income tax, see Sec.  1.6015(i)-1.
    (e) Examples. The application of the provisions of this section may 
be illustrated by the following examples:

    Example (1). H maintains as his home a household which is the 
principal place of abode of himself and his two dependent children. H's 
wife died in 1970 and he has not remarried. H and his wife filed a joint 
return for 1970. H's salary from January 1, to June 30, 1972, is at the 
annual rate of $18,000. However, effective July 1, 1972, his annual 
salary is increased to $24,000, and under the facts then existing it is 
reasonable to assume that his salary for the remaining portion of 1972 
will remain unchanged and that his total salary for the year will, 
therefore, be $21,000. Since H is a surviving spouse (as defined in 
section 2(a)) and his gross income can reasonably be expected to exceed 
$20,000, he is required to file a declaration of estimated tax for 1972. 
Since it was not reasonable to assume that H's gross income for 1972 
would exceed $20,000 until July 1972 (after June 1 and before September 
2), H is not required to file a declaration until September 15, 1972. 
However, if H's estimated tax (as defined in section 6015(c)) can 
reasonably be expected to be less than $100, he is not required to file 
a declaration of estimated tax. See section 6073 and Sec. Sec.  1.6073-1 
to 1.6073-4, inclusive, for rules as to when a declaration must be 
filed.
    Example (2). H, a taxpayer making his return on the calendar year 
basis, has an annual salary of $12,000 in 1972. W, H's wife, received 
wages (as defined in section 3401(a)) in December 1972. W did not 
receive wages prior to December. Assuming that H and W are entitled to 
file a joint declaration of estimated tax under section 6015(b), H would 
not be required to file a declaration for 1972 until January 15, 1973, 
since prior to December 1972 W had not received wages. Since W received 
wages after September 1, 1972, H must file a declaration on or before 
January 15, 1973, because, under the rule contained in paragraph 
(a)(1)(i)(b) of this section, H's gross income could reasonably be 
expected to exceed $10,000 for 1972. However, no declaration would be 
required if H's estimated tax (as defined in section 6015(c)) could 
reasonably be expected to be less than $100. No declaration is required 
prior to January 15, 1973, because, under the rule contained in 
paragraph (a)(1)(i)(a)(2) of this section, H's gross income for 1972 
could not reasonably be expected to exceed $20,000.
    Example (3). P is a taxpayer making his return on the calendar year 
basis. P is engaged in the practice of his profession on his own account 
and has gross income of $2,000 from such profession for the 2 months of 
January and February 1972. He reasonably expects that his gross income 
from his profession will continue to average $1,000 each month 
throughout the year and that he will have no income from any other 
source during 1972. Since P has gross income which does not constitute 
wages subject to withholding, he is required to file a declaration of 
estimated tax for that year since he has income of more than $500 from 
sources other than wages, unless he reasonably expects his estimated tax 
to be less than $100.
    Example (4). S, a married taxpayer, has been regularly employed for 
many years. As of January 1, 1972, his weekly wages are $305. For many 
years, S has also owned stock in a

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corporation which has regularly paid him annual dividends ranging from 
$575 to $600. Because his gross income can reasonably be expected to 
include more than $500 from sources other than wages, S is required to 
make a declaration of estimated tax for 1972, unless he reasonably 
expects his estimated tax to be less than $100.

    (f) Declarations made by agents. The declaration of income may be 
made by an agent if, by reason of disease or injury, the person liable 
for the making of the declaration is unable to make it. The declaration 
may also be made by an agent if the taxpayer is unable to make the 
declaration by reason of continuous absence from the United States 
(including Puerto Rico as if a part of the United States) for a period 
of at least 60 days prior to the date prescribed by law for making the 
declaration. In addition, a declaration may be made by an agent if the 
taxpayer requests permission, in writing, of the district director for 
the internal revenue district in which is located the legal residence or 
principal place of business of the person liable for the making of the 
declaration, and such district director determines that good cause 
exists for permitting the declaration to be so made. However, assistance 
in the preparation of the declaration may be rendered under any 
circumstances. Whenever a declaration is made by an agent it must be 
accompanied by a power of attorney (or copy thereof) authorizing him to 
represent his principal in making, executing, or filing the declaration. 
A form 2848, when properly completed, is sufficient. In addition, where 
one spouse is physically unable by reason of disease or injury to sign a 
joint declaration, the other spouse may, with the oral consent of the 
one who is incapacitated, sign the incapacitated spouse's name in the 
proper place in the declaration followed by the words ``By ------------, 
Husband (or Wife)'', and by the signature of the signing spouse in his 
own right, provided that a dated statement signed by the spouse who is 
signing the declaration is attached to and made a part of the 
declaration stating:
    (1) The name of the declaration being filed,
    (2) The taxable year,
    (3) The reason for the inability of the spouse who is incapacitated 
to sign the declaration, and
    (4) That the spouse who is incapacitated consented to the signing of 
the declaration.

The taxpayer and his agent, if any, are responsible for the declaration 
as made and incur liability for the penalties provided for erroneous, 
false, or fraudulent declarations.

[T.D. 6500, 25 FR 12108, Nov. 26, 1960, as amended by T.D. 6817, 30 FR 
4537, Apr. 8, 1965; T.D. 7117, 36 FR 9422, May 25, 1971; T.D. 7274, 38 
FR 11345, May 7, 1973; T.D. 7282, 38 FR 19027, July 17, 1973; T.D. 7332, 
39 FR 44232, Dec. 23, 1974]