''nonresident'' on a Federal, state or local tax return?

My question is tax related, but slightly different.

1. Has anyone had experience with IOs digging into the details of your tax returns, and try to match whether the W-2 company matches the employers you've stated you worked for?
2. And, has anyone being requested to provide further details regarding their tax income and send back reply by mail?
3. Has anyone been caught cheeting on their tax returns, and got denied for naturalization? For example, ineligible deductions, did not report non-W2 income, ...which even the IRS didn't catch up on? (I'm sure most people might have cheated a little bit on thier tax return a little bit, right?)
 
fchoi said:
My question is tax related, but slightly different.

1. Has anyone had experience with IOs digging into the details of your tax returns, and try to match whether the W-2 company matches the employers you've stated you worked for?
2. And, has anyone being requested to provide further details regarding their tax income and send back reply by mail?
3. Has anyone been caught cheeting on their tax returns, and got denied for naturalization? For example, ineligible deductions, did not report non-W2 income, ...which even the IRS didn't catch up on? (I'm sure most people might have cheated a little bit on thier tax return a little bit, right?)
Click to expand...

3. USCIS does not care if you cheated on your tax returns....it is not their job, nor are trained in tax law...which can be very complex. All they are interested in ...is if you filed your taxes.

Just because IRS did not catch your fraud on your tax returns...does not mean you got away with it. When they audit...they will go as far back as statue of limitations will allow....which is three years usually. Also remember there is no statue of limitations for fraud.
 
Jackolantern said:
The question should be reworded to ask whether you have claimed to be a nonresident alien, instead of just "nonresident".
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Yes. For state tax purpose, a nonresident does not mean he is still a resident of another state. One can live in California but is sent to work in New York state for a short term assignment. He need to pay state tax to NY as a nonresident.
 
Bobsmyth said:
Or more precisely:

Have you ever claimed to be a non resident alien on a federal income tax return.

Since state and local returns do no use the term "non resident alien" on their forms. Only the federal 1040NR uses that terminology.
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Note that the N-400 does have a heading that precedes the question in the following manner:

Since becoming a Lawful Permanent Resident of the United States:

13. Have you ever called yourself a ''nonresident'' on a Federal, state or local tax return?
 
Guys,

I am in a similar camp whereby I reside in one state but work in another state. So have filed a nonresident state tax. Any guidance on what folks have done and what were there experiences.

Thanks in advance
 
I believe the purpose is to check if you give up your residency in the USA
and that questions assume you can not be a US resident without being a state resident. This assuption break down when one work in one state and live in another state. So for this purpose, I dinb't think you need to care about calling yourself a nonresident on the tax form of teh work state.
 
There was one poster recently who did say yes to that question for the same reason and his answer was changed to a no by the officer.
 
In many states if you live in one COUNTY or CITY and work in another you can technically be a Non-Resident of county or city A and pay the NON-RESIDENT rate :D

I am pretty sure they want Federal Income Tax....
 
Absolutely, the residency which is at issue here for N-400 application purposes is a Federal Tax matter. Remeber, you are applying to become the citizen of United states. What USCIS wants to know, if you properly filed and PAID federal taxes as the resident of United States.

Also, as part of good moral character "charter", they want to know if you properly filed and paid local state/county/etc taxes in the states where you reside. Intra-state tax issues could be complex, assuming you are in good standing in the state/county where you reside(d) you should be ok.

However, if in a state return, you told state (revenue agecy) tax authorities that you are not US resident (tax resident), then i think you may have a problem. On the other hand, as a way of example, you told them you are non-resident of the state of NY, because your primary residence is in California and you are tax resident in California, then you are OK.
 
DreamUSA said:
Absolutely, the residency which is at issue here for N-400 application purposes is a Federal Tax matter. Remeber, you are applying to become the citizen of United states. What USCIS wants to know, if you properly filed and PAID federal taxes as the resident of United States.
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If there are several tax related question on N-400 form and if you read N400 you'll find that they are listed under two categories: One category (Part 10 A) is to check if you ever maintained your residency and the other category (Part 10 B) is to check if you paid the taxes in accordance with tax laws.

"Have you ever failed to file Tax return" was asked twice, in above two categores. If you failed to file taxes because you think you are
not a resident of USA, you should answer Yes to both. If you failed
to file tax because you want to keep money for yoruself. Then you
only need to answer Yes in Part 10 A
 
WBH said:
If there are several tax related question on N-400 form and if you read N400 you'll find that they are listed under two categories: One category (Part 10 A) is to check if you ever maintained your residency and the other category (Part 10 B) is to check if you paid the taxes in accordance with tax laws.

"Have you ever failed to file Tax return" was asked twice, in above two categores. If you failed to file taxes because you think you are
not a resident of USA, you should answer Yes to both. If you failed
to file tax because you want to keep money for yoruself. Then you
only need to answer Yes in Part 10 A
Click to expand...

WBH. I am familiar with the N-400 application. I think we are clear about the filing and paying taxes on both federal and local which i staight fwd. (questions 4-5 in Section 10). Again, perspective is that if you were claiming non-US resident status as a reason for not to pay and file returns, then answer should YES/YES. For state taxes, if you filed and paid taxes in state X but temporarily lived in state Y for which claimed non-STATE resident status, then answer should be NO/NO.

I believe OP is not clear about non-residency for state tax purposes. My point was that for Section C of Part 10, question 13-14. When they ask about non-residency status, they meant US Residency:

As i posted earlier,

SCENARIO 1. Claim that you are not NY resident because you actually resided in Califirnia (filed/paid California state taxes).

SCENARIO 2. Reside in NY but claim that you do not have to file or file (but pay no taxes) because you are not US resident


For questions 13-14
I think for scenario 1, OP should answer No and No, but for scenario 2, answer should be YES and YES
 
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