Applying for Citizenship, but I have some tax issues

M

mlyaf

New Member
Would really appreciate if someone can provide some valid input/feedback.
I was laid off in 2003, didn't find a job until 2008, got laid off again early 2009.
I am applying for citizenship however I didn't file my taxes for the last few years. Just called IRS and I will be filing the taxes soon and if I owe anything then I will be paying installments.
Does all of this put my citizenship filing at risk ???

thanks for any help.
 
You don't need to file taxes for the years you had no income (except if you did certain things that require you to file, like sell real estate). But make sure you file for 2003 and 2008 before you apply.

You may have to explain how you financially and legally supported yourself for 5 years without a job ... whether you had a large amount of savings, or your spouse supported you, or you got a huge severance package, or whatever it was. You can be denied citizenship if you don't have an explanation (with proof if requested) that satisfies the interviewer.
 
Since you worked in 2008, did you file taxes for 2008?

For past year, even if you didn't have any earnings, you are required to file taxes and show 0 income.

I would suggest call IRS again and file some kind of document for past year before you apply for citizenship.
 
Even if you have income greater than zero you don't necessarily have to file, if it was below a certain level (provided you didn't have certain transactions that IRS wants to see reported, like sale of real estate).
 
Well since the form has two questions on it
1. Do you owe IRS any money
2. Have you ever failed to file taxes

I got worried that if I answer them correctly will they create any problems ??
 
mlyaf said:
Well since the form has two questions on it
1. Do you owe IRS any money
2. Have you ever failed to file taxes

I got worried that if I answer them correctly will they create any problems ??
Click to expand...

As long as you have a payment plan agreed with IRS, it will take care of the "owe IRS any money" question.

If you can describe the circumstances around non-filing ... especially JackOLantern's post - that will help people understand how to respond to question 2. At this point, based on the limited details of the case you have provided - the answer seems to be YES - this will require scrutiny by the IO.
 
mlyaf said:
Well since the form has two questions on it
1. Do you owe IRS any money
2. Have you ever failed to file taxes
Click to expand...
For #1, if you don't pay off all taxes owed before filing the N-400, it is still acceptable to USCIS if you and the IRS have agreed to a payment plan and you are making the payments. Note that if your employer was withholding taxes for your 2008 job, you probably don't owe much for that year and you might even get a refund.

For #2, if you file all tax returns (for the years where it's mandatory to file) before filing the N-400, you can answer NO. Late filing is not the same as failing to file.
 
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