Don't remember if i filed taxes in 2000,2001 and 2004

raju755

Registered Users (C)
#1
I came to U.S.A on H1 in 2000.

I have the documents that i filed Taxes for years 2003, 2005-2013.

I don't remember if i filed taxes 2000, 2001 and 2004.
Being new to U.S at that time, I am doubting if i file the taxes for 2000 and 2001.

For the year 2004, State owe me around $200 and I owe federal around $300. I prepared federal.
Now..I am not sure if i sent the check and the related 1040-V document.

I got my Green card in 2006.

Can you please suggest what i should do..

Thanks for your help.
 

WBH

Registered Users (C)
#4
Again..the issue if i didn't file ..how will they know if i owe them or not?..i am really confused.

Please suggest.
If IRS say you owe them nothing, then you owe them nothing and state so on your N-400.

As to whether you should say you failed to file a tax return on N-400. That is a different question than
whether you owe IRS or not. There are two suich questions

(1) Have you ever failed to file a tax return. This is to test your good moral character since not filing tax return required by law reflect on pone's mporal chacter

(2) Have you ever failed to file a tax return since becoming a PR. This is to examine you continuous PR status.

You can certain say No to (2). ABout (1), you can give yoruself benefit of doubt if you can not recall
and anser No or you can say Yes. or simply put down "I don't remmeber".

IRS do not keep record for that llong, so they can not provide documents to prove you filed or not.

By the way, did you dosclose any such info on your GC application? the answer now has to be conssitent with info you gave back then
 

del0175

Registered Users (C)
#5
Raju, you need to consult with a tax attorney. If you made decent income (I am assuming tens of thousands on an H1B visa) and if you failed to file a tax return, you are in a lot of trouble. Not filing a return is a serious crime. However, you can file late, and pay a penalty for not filing and additional penalty if you owed any taxes. Since you were so careless, you will not get a refund if you were owed one but if IRS owed you a refund, you will not need to pay a penalty (unfortunate that you gave all that money to IRS because most people claim a deduction and then get a refund).

Only after you have cleaned up the tax mess for each year you have worked, you should apply for naturalization otherwise you will be lying under oath and perjuring yourself in answer to the question that asks about if you have failed to file a tax return.
 

WBH

Registered Users (C)
#6
Not filing a return is a serious crime.
Statute of limitation for crminal prosecution is only 3 years. So he is out of the woords for that matter.
Of course, the USCIS can accuse him of lying on I-485 form :"Have you ever commited a crime
for which you were not arrested?".

In theory, that question is set up by USCIS to screw everyone they let thru first time.
 

raju755

Registered Users (C)
#7
If IRS say you owe them nothing, then you owe them nothing and state so on your N-400.

As to whether you should say you failed to file a tax return on N-400. That is a different question than
whether you owe IRS or not. There are two suich questions

(1) Have you ever failed to file a tax return. This is to test your good moral character since not filing tax return required by law reflect on pone's mporal chacter

(2) Have you ever failed to file a tax return since becoming a PR. This is to examine you continuous PR status.

You can certain say No to (2). ABout (1), you can give yoruself benefit of doubt if you can not recall
and anser No or you can say Yes. or simply put down "I don't remmeber".

IRS do not keep record for that llong, so they can not provide documents to prove you filed or not.

By the way, did you dosclose any such info on your GC application? the answer now has to be conssitent with info you gave back then
Thanks for your reply. I looked at the application again.

I didn't find this question in N-400 form.

(1) Have you ever failed to file a tax return.

Can you please tell me where you find this question?
 

raju755

Registered Users (C)
#8
Raju, you need to consult with a tax attorney. If you made decent income (I am assuming tens of thousands on an H1B visa) and if you failed to file a tax return, you are in a lot of trouble. Not filing a return is a serious crime. However, you can file late, and pay a penalty for not filing and additional penalty if you owed any taxes. Since you were so careless, you will not get a refund if you were owed one but if IRS owed you a refund, you will not need to pay a penalty (unfortunate that you gave all that money to IRS because most people claim a deduction and then get a refund).

Only after you have cleaned up the tax mess for each year you have worked, you should apply for naturalization otherwise you will be lying under oath and perjuring yourself in answer to the question that asks about if you have failed to file a tax return.
I called IRS and they said i don't owe them anything. They looked at my SSN and they said.
 

raju755

Registered Users (C)
#10
Part 11, question 7 A.
Question 7A is "Have you ever not filed a federal,state or local tax return since you became a Permanent Resident?".
I got Green Card in 2006 and i never failed to file the return.

I thought the question is related to GC..Is it not?
 

del0175

Registered Users (C)
#11
Question 7A is "Have you ever not filed a federal,state or local tax return since you became a Permanent Resident?".
I got Green Card in 2006 and i never failed to file the return.

I thought the question is related to GC..Is it not?
Technically, yes, and most likely you will get away with it, but just in case this issue came up, the USCIS might even conclude that your GC was approved in error and revoke it (be prepared for a court fight).

Your best option still is to file your taxes for the years that you did not file because even without the naturalization, you have to file taxes for the year you did not (whether you are a citizen or not, you must still get IRS off your back). That is American law. I am actually surprised that IRS is not on your case (they must have filed a return on your behalf, as is the law) because you must have written several letters from them when you failed to file after your employer reported to the IRS that you made tens of thousands of dollars but you never bothered to do your taxes.

This is what the IRS says: By law the IRS may file a substitute return for you if you do not voluntarily file. A series of letters is
first sent explaining the possible action IRS may take as part of the Substitute for Return Program. Taxpayers are required by law to file an income tax return for any year in which a filing requirement exists.
In other words, you have broken US law, you just have not been caught yet. And many Americans like me are disappointed that we grant green cards and citizens to lawbreakers.
 

raju755

Registered Users (C)
#12
Technically, yes, and most likely you will get away with it, but just in case this issue came up, the USCIS might even conclude that your GC was approved in error and revoke it (be prepared for a court fight).

Your best option still is to file your taxes for the years that you did not file because even without the naturalization, you have to file taxes for the year you did not (whether you are a citizen or not, you must still get IRS off your back). That is American law. I am actually surprised that IRS is not on your case (they must have filed a return on your behalf, as is the law) because you must have written several letters from them when you failed to file after your employer reported to the IRS that you made tens of thousands of dollars but you never bothered to do your taxes.

This is what the IRS says: By law the IRS may file a substitute return for you if you do not voluntarily file. A series of letters is
first sent explaining the possible action IRS may take as part of the Substitute for Return Program. Taxpayers are required by law to file an income tax return for any year in which a filing requirement exists.
In other words, you have broken US law, you just have not been caught yet. And many Americans like me are disappointed that we grant green cards and citizens to lawbreakers.
I called IRS and they said i don't owe them..I was just doubtful as it was many years back and don't have any record for it.
Any way..i got it cleared.
I pay taxes on time..you don't know anything about me.

I am really hurt with your statement "And many Americans like me are disappointed that we grant green cards and citizens to lawbreakers."

In a forum..i just asked what i should?..you could have just said pay the taxes or call IRS.
Instead of that..you started accusing me.

Please do think before you type.
 
Last edited by a moderator:

raju755

Registered Users (C)
#13
Technically, yes, and most likely you will get away with it, but just in case this issue came up, the USCIS might even conclude that your GC was approved in error and revoke it (be prepared for a court fight).

Your best option still is to file your taxes for the years that you did not file because even without the naturalization, you have to file taxes for the year you did not (whether you are a citizen or not, you must still get IRS off your back). That is American law. I am actually surprised that IRS is not on your case (they must have filed a return on your behalf, as is the law) because you must have written several letters from them when you failed to file after your employer reported to the IRS that you made tens of thousands of dollars but you never bothered to do your taxes.

This is what the IRS says: By law the IRS may file a substitute return for you if you do not voluntarily file. A series of letters is
first sent explaining the possible action IRS may take as part of the Substitute for Return Program. Taxpayers are required by law to file an income tax return for any year in which a filing requirement exists.
In other words, you have broken US law, you just have not been caught yet. And many Americans like me are disappointed that we grant green cards and citizens to lawbreakers.
I read your old posts and you were worried just as everyone before you were applying for citizenship.

one sample...

7th November 2007, 10:25 AM #7 del0175 del0175 is offline
Registered Users (C)
Join Date
Nov 2007
Posts
295
Thank you all for your insights. Just to clarify, I have been married to my wife for six years and she has been a citizen for over 3 years. I think I have done my due diligence and I know I am eligible to apply. My concern has been that due to the not-so-straightforward way in which I got my green card, I do not want to open a can of worms.
 
Top