New N400 and Tax Questions. Not filed because under threshold. Help!

[NJN400]

Hello,

The new N400 form asks "Have you ever failed to file a Fed/State or Local tax return?" instead of asking whether a REQUIRED tax return has been filed.

I did not file my state taxes in 2010 because I was under the income threshold required to file taxes.

How do I answer this question? And if I put yes, would I need to come clear about this at the interview?

Thank you,

 

[newacct]

I think "failed to file" means "didn't file when you were required to". Otherwise, children and people who haven't immigrated to the U.S. have all "failed to file" U.S. tax returns? It wouldn't make sense.

 

[NJN400]

You're right.

What was I thinking?

Getting too nervous here.

 

[Jackolantern]

I think "failed to file" means "didn't file when you were required to". Otherwise, children and people who haven't immigrated to the U.S. have all "failed to file" U.S. tax returns? It wouldn't make sense.

But the question says "since becoming a permanent resident" so that scenario wouldn't apply.

They removed the "required" word for a reason. Maybe too many people were mistakenly failing to file returns because they wrongly thought it wasn't required for their situation, then answering NO to that question.

With the removal of the "required" word, it would appear that you have to answer YES if you didn't file taxes for any year since you became a permanent resident, then attach an explanation if you legitimately did not have to file.

 

[NJN400]

So should I check "No" in the application or check "Yes" but explain this at the interview?

I am afraid of the interview getting delayed because me saying "I haven't filed all my tax returns!" even though I wasn't legally required to file.

Also, can I add extra sheets to the N400 to give additional explanations where necessary?

Thank you.

 

[Jackolantern]

Also, can I add extra sheets to the N400 to give additional explanations where necessary?

Yes. Anytime you answer YES to any of those moral character and tax questions, you're expected to attach a sheet(s) with a written explanation, plus supporting documents if applicable.

 

[begemot]

You can still use old form - until early May 2014..