Failure To File Taxes And N-400

F

fan85

Registered Users (C)
First of all, I would like to thank all the great guys and gals who help us here by answering all our questions that keeps us up all night worrying...

I have asked this in an earlier post but I think it deserve its own thread to help all, so I will generalize the questions, if you have any experience in your interview with this please let us know.

Have you ever failed to file taxes since becoming a PR?

You know that you must file per IRS regulations (some do not have to file, Please read 1040 guidebook.) But you did not file your taxes and you are thinking of filing your N-400. So you run to your nearest CPA or tax office and you file for the last x years. You wait enough time for the IRS to process your forms and you a- get a refund or b- get a bill. If b- you pay bill or make payment plan. You get official transcript that you did so with proof of your payments.

So we come to the question, how would you answer yes or no? Is late filing considered a failure to file?

What about business filings, are they included in this question?

I along with all of us appreciate all the help...
 
If you ever failed to file, the answer is YES. I think the next question takes care of the "current status".
As long as you get current with a payment plan, it is enough for CIS to approve your case, there being no other issues.
 
Thanks Sanjoseaug20 for the input. My situation was that in 2008 I did not file because my income was low (under $3000) and I was on my company payroll which means the taxes were paid and when I looked at the instructions for 1040 I was not required to file. But I am filing for that year now because there is a refund coming to me and there is a 3 year cutoff and if you file after that and you have a refund you will get a big fat zero. Also I had started a business (partnership) but we did not do anything, when I went to a couple of tax offices with very known brands they scared the **** out of me. We did not do business and there was no income, so finally I looked at the instruction for form 1065 and to my delight it said that I did not have to file. So to be sure I called the IRS and asked a business advisor and he confirmed that there is no need to file and no penalty. Sorry for the long narrative.

I was worried sick over this, so when I found out all that I am very happy that I really did not fail to file. Which is a load off my mind. Am I correct in answering NO.
And do I have to tell the IO about above mentioned.

Thanks...

Also if anyone in same boat please post your experience.
 
The N-400 asks if you failed to file a REQUIRED return. So unfiled returns for years when you weren't required to file (due to low income etc.) don't count.
 
Thanks Jackolantern for the REQUIRED tip, did not notice it, honestly till now. I appreciate all the help.
 
sanjoseaug20 said:
If you ever failed to file, the answer is YES. I think the next question takes care of the "current status".
As long as you get current with a payment plan, it is enough for CIS to approve your case, there being no other issues.
Click to expand...



hello, I am planning to file my n 400 in last week of august 2013.. I filed my joint tax return in 2009,2011 and 2012..i was wondering i am still eligible to file my n400 in 3 year of green card time frame.
thanks
pradeep.salaria
 
n400 Info

hello, I am planning to file my n 400 in last week of august 2013.. I filed my joint tax return in 2009,2011 and 2012..i was wondering i am still eligible to file my n400 in 3 year of green card time frame.
thanks
pradeep.salaria
 
pradeep.salaria said:
we did file in 2010 but we filed separately. we filed joint in 2009,2011,2012
Click to expand...

First of all, on what basis are you applying for N400. 3 year married to USC or 5 year on PR.
If 5 years on PR, it probabily doesn't matter if you filed seperately or joined.
But if 3 years married to USC, it probabily does matter.
 
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