not filed tax returns

bolapr

Registered Users (C)
hi guys, my spouse has not filed taxes for the last 4 years. She is planning to file it soon though. Meanwhile is there any other evidence that I can send instead while filing my applications? She has pay stubs from last 6 months and employer letter. Please suggest I have to file my application soon as time is running out on my h1 visa.
 
Why did she not file? Did she not have income sufficient to require it? Did she file for a 2008 extension since she did work last year? Your spouse should worry more about her IRS troubles than filing for you right now.
 
Why did she not file? Did she not have income sufficient to require it? Did she file for a 2008 extension since she did work last year? Your spouse should worry more about her IRS troubles than filing for you right now.

She told me she did not file because she was not required to and that she did not owe any money instead they owed her. She makes sufficient income. I believe she did not file because of procrastination.
 
Dodgy.

Is this for the I-864?
If so, then you need to find another sponsor.

You said she was planning to file soon, but hasn't filed them for 4 years???
I doubt she has plans of doing it soon and obviously your GC is not important enough to her so look for other options.
 
Bolapr,
Your wife is right only if,
1) she did not have any income during the last four years.
2) All the income in the last four years is through a payroll.

if she was unemployed then you should arrange a co-sponsor. otherwise, your wife will have to file her taxes for the last four years and she would need to collect all the W-2's for that time period.

If you do not owe anything to IRS then there is no Penalty for late filing and you can file and claim your refund for upto last three years.
 
Bolapr,
Your wife is right only if,
1) she did not have any income during the last four years.
2) All the income in the last four years is through a payroll.

#2 Above is correct. All the income in the last four years is through a payroll. So does that mean she need not file taxes?
 
If she is absolutely positive that she does not owe anything then she does not need to file taxes (if she is OK with not claiming her refund). However, tax returns are best way to verify ones income. So, whenever you need to prove your income you need to provide your tax returns and for that you have to file first (in order to be your sponsor she will need to provide proof of her income).

One clarification, by being on a payroll I assumed that she is getting a W-2 and not a 1099. If you are a 1099 employee then your taxes are not being deducted and you must file at the end of the year.
 
OK guys any solutions, suggestions for me? What do i need to do immediately so I can send in my application in cpl of weeks. Thanks
 
If you need to know about the documents required to file then go through the threads on this forum. I am sure you'll find all the details.

Regarding this thread, You can either find a co-sponsor or ask your wife to file first. It is something she can do in a day if she has all the W-2s.
 
If you need to know about the documents required to file then go through the threads on this forum. I am sure you'll find all the details.

Regarding this thread, You can either find a co-sponsor or ask your wife to file first. It is something she can do in a day if she has all the W-2s.

Thank you yankyank. She has all the W2s for the last 3 years except for 2005. Can i send in my application once she files her taxes? What exactly do I need to send in W2 and/or 1040? Do I need to send in for all 3 yrs or just 2008?
 
As I said earlier, please go through the threads on this forum and you'll find info on list of documents required to file.
 
Yes, her gross income is way over $10,000 per year.

Then she absolutely needs to file. Think about it - merely getting paid on a W-2 basis does not exempt one from the requirement to file a return. If it did, why would April 15th be such a significant date? The vast majority of Americans are paid via W-2.

She needs to file, pronto, before the IRS comes looking for her. It's not a crime to not pay your taxes. It is a crime to not file when you are required to.
 
just out of interest, if one does not owe anything to IRS (may be IRS owes refund in this case), what is the punishment for the crime of not filing. I must admit this is the first case I know of such utter disregard for the IRS.

But stranger things have happened: a friend of mine tells me , his wife works as Programming (dev) Manager in a software company (may be 140K) but does not really know how to withdraw money from ATM, how to change oil in the car, never fills up gas ( hubby does it) as she fumbles with pump and lock, never pays any bill, does not do smallest handyman's job in home, never looks at taxes ( filed jointly ..again by hubby) and so on. Never charges her cell phone, does not remember her cell number, etc. Apparently she can drive and write Java classes.
 
She needs to file, pronto, before the IRS comes looking for her. It's not a crime to not pay your taxes. It is a crime to not file when you are required to.

It is actually the other way around. It IS a crime to not pay your taxes and you can go to jail for it. Keep in mind that paying your taxes and filing your tax return are NOT the same.
 
It is actually the other way around.

http://www.irs.gov/irm/part25/ch01s07.html

Willful failure to file a tax return is a misdemeanor per IRC Section 7203. In egregious cases, willful failure to file may be elevated to a felony under IRC 7201 Tax Evasion.

It's not often prosecuted, because IRS is happy if you clean up your mess without them approaching you. But if they get to you first, they are not nearly as forgiving.
 
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