N-400 application: Tax question.

[obajaj]

Hi,

1) Does anyone know if the question:
"Since becoming a Lawful Permenant Resident, have you EVER failed to file a required Federal, State or Local tax return?"
also includes extensions offered by the IRS?

I did file an extension in one of the years.

2) Also, the words "Since" and "EVER" seem contradictory.... I once failed to file a state tax return BEFORE I became a permenant resident (but later made up for it by filing it in the next year).

Should I answer a YES or a NO to this question?

 

[obajaj]

Thanks, JoeF.

 

[obajaj]

In 2002, I failed to file my returns in time, even before the extension deadline.
However, I filed it recently in 2004 (The IRS owed me money so I did not pay any penalty but got my refund)

Now does the word "EVER" imply that since I did not file 2002 taxes in time before the deadline, I should answer "Yes" to this question? (Even though I have filed it as of now)?

In other words, the question does not include the phrase "before the deadline", so does it mean that they only want to know if I have finished filing all my tax returns by the time of citizenship application?

OR

Do they want to know if I ever missed the deadline for filing?

 

[obajaj]

In 2002, I failed to file my returns in time, even before the extension deadline.
However, I filed it recently in 2004 (The IRS owed me money so I did not pay any penalty but got my refund)

Now does the word "EVER" imply that since I did not file 2002 taxes in time before the deadline, I should answer "Yes" to this question? (Even though I have filed it as of now)?

In other words, the question does not include the phrase "before the deadline", so does it mean that they only want to know if I have finished filing all my tax returns by the time of citizenship application?

OR

Do they want to know if I ever missed the deadline for filing?

Trying to revive my earlier question to get a possible answer from someone preferably in the same situation.

 

[Flydog]

If you file an extension by the deadline (and possibly file a second extension by the deadline) and then file the return by the extended deadline, then you are square with the IRS, so you should be square with the USCIS.

In my understanding (remember, I'm not a lawyer, an accountant or anyone else very special), as long as you follow the rules (which include paying your taxes (and paying what you expect to owe when you file the extension)), then you've followed the rules and you are not a scofflaw.

 

[Atlanta_Brother]

I agree

If you file an extension by the deadline (and possibly file a second extension by the deadline) and then file the return by the extended deadline, then you are square with the IRS, so you should be square with the USCIS.

In my understanding (remember, I'm not a lawyer, an accountant or anyone else very special), as long as you follow the rules (which include paying your taxes (and paying what you expect to owe when you file the extension)), then you've followed the rules and you are not a scofflaw.

In my opinion, Flydog sounds right. As long as you have filed taxes even after filing extensions and kept your word, you should be all set. Extensions is something that IRS provides us as a covenience and we can file extensions as long as we pay their required penalty and interest, I don't see anything wrong with that.