Hi All~
Just saw a grey-ish quesiton for us. On the N-400 it asks if you ever failed to file a required Federal State or Local Tax return.
My spouse applied for GC in February 2009 and became a PR in August 2009. Therefore, his first tax return filed as a GC holder was the 2009 year. He had filed other tax returns in other years occassionally if needed/requried using an ITIN number for a non resident in the past years for real estate sales, etc but never as a GC holder.
However in looking back, we realized now that technically he would actually be liable to file (not owe) a tax return for the 2008 year due to Physical Presence and # of days in the US. This is because of the number of days he spent in the US in 2008 (NOT AS A GC holder) as they count that year and backwards for 3 as a proration.
For our 2011 Tax Return, I will be giving our accountant our information in the next 2 weeks to make the October EXTENSION allowed.
We would like to send in the N-400 now but have 2 questions:
1. Is it ok to send it in without the 2011 completed yet (we do have the extension so that is not late)? There is a question about "Since becoming a resident have you EVER failed to file a required Fed, State or Local Tax?" Can I state NO since we have the legal extension till October 2012?
2. We obviously will be also getting the 2008 return for him at the same time as the 2011. Is 'NO" still an apporpriate answer if he's ever failed since becomming a resident since he was not a resident in that tax year (I assume he will have to use his ITIN number for that year not soc security since not granted till 2009)?
The point is, we don't want to hold up turning in the N-400. While this is processing, all taxes will be in (2011 on time) and the filing of the 2008 before GC. However, just want to make sure all is ok in doing this. For the interview we would be carrying the 2009, 2010 and 2011 returns.
Another Question:
#2. For the Total of Days out of the US....do you count your overnight stays? For example, if you went on a trip August 24 and Returned August 26..does that mean that in essence you spent 2 nights therefore state it as "2 days" out of the US? OR Do you count it as "3 days" (24, 25, 26?)
THanks in advance...
Just saw a grey-ish quesiton for us. On the N-400 it asks if you ever failed to file a required Federal State or Local Tax return.
My spouse applied for GC in February 2009 and became a PR in August 2009. Therefore, his first tax return filed as a GC holder was the 2009 year. He had filed other tax returns in other years occassionally if needed/requried using an ITIN number for a non resident in the past years for real estate sales, etc but never as a GC holder.
However in looking back, we realized now that technically he would actually be liable to file (not owe) a tax return for the 2008 year due to Physical Presence and # of days in the US. This is because of the number of days he spent in the US in 2008 (NOT AS A GC holder) as they count that year and backwards for 3 as a proration.
For our 2011 Tax Return, I will be giving our accountant our information in the next 2 weeks to make the October EXTENSION allowed.
We would like to send in the N-400 now but have 2 questions:
1. Is it ok to send it in without the 2011 completed yet (we do have the extension so that is not late)? There is a question about "Since becoming a resident have you EVER failed to file a required Fed, State or Local Tax?" Can I state NO since we have the legal extension till October 2012?
2. We obviously will be also getting the 2008 return for him at the same time as the 2011. Is 'NO" still an apporpriate answer if he's ever failed since becomming a resident since he was not a resident in that tax year (I assume he will have to use his ITIN number for that year not soc security since not granted till 2009)?
The point is, we don't want to hold up turning in the N-400. While this is processing, all taxes will be in (2011 on time) and the filing of the 2008 before GC. However, just want to make sure all is ok in doing this. For the interview we would be carrying the 2009, 2010 and 2011 returns.
Another Question:
#2. For the Total of Days out of the US....do you count your overnight stays? For example, if you went on a trip August 24 and Returned August 26..does that mean that in essence you spent 2 nights therefore state it as "2 days" out of the US? OR Do you count it as "3 days" (24, 25, 26?)
THanks in advance...
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