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Failed to file tax return
- Thread starter JCChu
- Start date
I didn't owe any tax, as far as I know, the federal and/or the state owe me since I probably should have money returned to me. So should I try to file 08 tax now? But I was in another state back then, can I still just do it online? Btw, thank you both (javacafe, vimarket) for helping.
OK, here is my advise. First, file the 2008 return. How you do it, is up to you. You could use a tax preparer (agent), or software, or online resources -- whatever works for you. Then, after you are up to date, you need to get copies of your Tax Account Transcripts for the years 2007 through 2010 (i.e., one year prior to the year you failed to file through the most current transcript available). While you are at it, order the Tax Return Transcripts (which are more detailed than Account Transcripts) as well, for each of these years. The IRS will provide these to you for free. You can order them online or through a toll-free number.
When you apply for Naturalization, in the Form N-400, mention that you (1) failed to file the return for 2007, (2) did not owe the IRS any money at any time (you were due a refund), and (3) have enclosed copies of Tax Account Transcripts (for years 2007 through 2010) with the Form N-400.
Admittedly, this is a bit of work. But, you may get money back from the IRS (after the penalty is deducted for late filing).
Now, here is my story. My wife and I have had our green cards since 1992, and did not really feel the need to naturalize. In 2008, my wife received a job offer from a government agency, and the need to naturalize became urgent.
Unfortunately, during the years 2003 through 2007, I had filed for extensions on my tax returns, for each of those years, but never filed a final return. [During those years, my life was affected by much turbulence and crisis, and not filing my tax returns was only one of the many lapses I was responsible for.] Anyhow, in 2008, I went to my local H&R Block, and had them file the back tax returns for 2003 through 2006. For the year 2007, I managed to file the return by myself. The good news was that IRS actually refunded me money for the three prior years (after deduction of penalty); they do not issue refunds for returns that are more than three years in the past.
Then, after this process was over, in 2008, my wife filed her N-400, using the steps I have outlined above. We (meaning with my help, she) included a statement of explanation and the tax account transcripts for the years 2003 through 2008. Her naturalization proceeded pretty smoothly, and was completed in about three months and a half. In February of this year, I submitted my N-400. See my signature for my time line.
Hope this helps.
Also, please be aware that my advice should not be construed as professional legal or tax advice; I am merely sharing my experiences with you as a layperson.
When you apply for Naturalization, in the Form N-400, mention that you (1) failed to file the return for 2007, (2) did not owe the IRS any money at any time (you were due a refund), and (3) have enclosed copies of Tax Account Transcripts (for years 2007 through 2010) with the Form N-400.
Admittedly, this is a bit of work. But, you may get money back from the IRS (after the penalty is deducted for late filing).
Now, here is my story. My wife and I have had our green cards since 1992, and did not really feel the need to naturalize. In 2008, my wife received a job offer from a government agency, and the need to naturalize became urgent.
Unfortunately, during the years 2003 through 2007, I had filed for extensions on my tax returns, for each of those years, but never filed a final return. [During those years, my life was affected by much turbulence and crisis, and not filing my tax returns was only one of the many lapses I was responsible for.] Anyhow, in 2008, I went to my local H&R Block, and had them file the back tax returns for 2003 through 2006. For the year 2007, I managed to file the return by myself. The good news was that IRS actually refunded me money for the three prior years (after deduction of penalty); they do not issue refunds for returns that are more than three years in the past.
Then, after this process was over, in 2008, my wife filed her N-400, using the steps I have outlined above. We (meaning with my help, she) included a statement of explanation and the tax account transcripts for the years 2003 through 2008. Her naturalization proceeded pretty smoothly, and was completed in about three months and a half. In February of this year, I submitted my N-400. See my signature for my time line.
Hope this helps.
Also, please be aware that my advice should not be construed as professional legal or tax advice; I am merely sharing my experiences with you as a layperson.
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I didn't owe any tax, as far as I know, the federal and/or the state owe me since I probably should have money returned to me. So should I try to file 08 tax now? But I was in another state back then, can I still just do it online? Btw, thank you both (javacafe, vimarket) for helping.
First of all here is what you should know. If the government owes you money and you made less than $400 in 2008, then you are not REQUIRED to file a tax return. The question asks, did you fail to file a required tax return? So if you made more than $400 if you are single, and of course its more if you are married with kids then you are not required to file a tax return but the IRS advises you to file since you might get a refund.
Go to IRS. GOV and use their calculator to find out if you were required to file a tax return. If you werent then dont shoot yourself in the foot by saying you didnt file your taxes on your n400. If you were required to file a tax return however, then file it now, get your tax transcripts as well as any refunds the government owe you and send it along with your application. If you want you can include a typed letter stating why you forgot to file, of course it better be good. If USCIS needs more things they will send you a yellow letter. When its time for your interview, get ready to sober up and explain why you didnt file.
You dont need a lawyer or anything like that as far as you are sure, you didnt owe taxes in 2008. Also, take that test on the Irs website to see if you were even required to file in the first place. Also, yes you can file your taxes with that state. No, you cant do it online for free anymore because that tax season has closed. You have to use the software which you have to buy. If you choose this let me know, I have the software, I can email it to you, that's if you know how to file your taxes by yourself and have experience doing it. If you dont, then walk into hr block or something.
Good luck.
Disclaimer: I'm no lawyer, just talking from experience.
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