Not filing Income tax return can be a problem in applying for citizenship?

S

sshah1001

Registered Users (C)
Hello friends,

my mother is applying for citizenship. She will complete 5 years this month after getting green card. However she did not file income tax return for first 3 years after getting green card as I was showing her dependent on my returns and also she did not have any income. She started filing return for last 2 years after starting to use Obamacare. What shall she mention in the N-400 application form? Can this be a problem in getting citizenship?

Thanks in advance.

Sam
 
sshah1001 said:
Hello friends,

my mother is applying for citizenship. She will complete 5 years this month after getting green card. However she did not file income tax return for first 3 years after getting green card as I was showing her dependent on my returns and also she did not have any income. She started filing return for last 2 years after starting to use Obamacare. What shall she mention in the N-400 application form? Can this be a problem in getting citizenship?

Thanks in advance.

Sam
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You only need to file taxes if you make more than the standard deduction

That $ Figure changes every year

Folks that make even less than the standard Self Dedection. Lets say someone working just part time would only file taxes to get a refund of the taxes that was already withheld from their paychecks

So To answer your Question : No ,your mom had no income so she wasnt required to file taxes. If it makes a difference Which it wouldnt But help ease any worries She can even take copies of your tax returns showing she was a dependent on your returns.
 
Jbuff said:
You only need to file taxes if you make more than the standard deduction

That $ Figure changes every year

Folks that make even less than the standard Self Dedection. Lets say someone working just part time would only file taxes to get a refund of the taxes that was already withheld from their paychecks

So To answer your Question : No ,your mom had no income so she wasnt required to file taxes. If it makes a difference Which it wouldnt But help ease any worries She can even take copies of your tax returns showing she was a dependent on your returns.
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Hi Jbuff, thanks for your reply. So, shall I send some kind of explanation letter along with the application ?
 
Jbuff said:
No letter of explaination needed along with application.
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However, the N-400 does have a question that says "Have you EVER not filed a Federal, state, or local tax return since you became a lawful permanent resident?", and if you say Yes, you have to attach an explanation.
 
Mm, I remember reading advice to file every year even if nothing was owing to show you understand your obligations to the IRS as a green card holder. The official guidelines seemed ambiguous ** to me so we erred on the side of caution, partly because of the question newacct refers to above.

** ambiguous because although I understand filing below a certain income level is not technically required, the responsibilities as listed by uscis clearly state you need to file

https://www.uscis.gov/green-card/af...bilities-green-card-holder-permanent-resident

Your Responsibilities as a Permanent Resident

As a permanent resident, you are:

 
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newacct said:
However, the N-400 does have a question that says "Have you EVER not filed a Federal, state, or local tax return since you became a lawful permanent resident?", and if you say Yes, you have to attach an explanation.
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That question is directed towards people who were. Legally obligated to file taxes but never did.

In his mothers case. She wasnt obligated.

If the OP wants to send in an explanation along with the application to put his mind at ease. Thats fine!!
 
Jbuff said:
That question is directed towards people who were. Legally obligated to file taxes but never did.

In his mothers case. She wasnt obligated.

If the OP wants to send in an explanation along with the application to put his mind at ease. Thats fine!!
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There is no qualification in the question, it does not ask “if you were required” or anything like that, it is a simple yes or no answer.
 
SusieQQQ said:
Mm, I remember reading advice to file every year even if nothing was owing to show you understand your obligations to the IRS as a green card holder. The official guidelines seemed ambiguous ** to me so we erred on the side of caution, partly because of the question newacct refers to above.

** ambiguous because although I understand filing below a certain income level is not technically required, the responsibilities as listed by uscis clearly state you need to file

https://www.uscis.gov/green-card/af...bilities-green-card-holder-permanent-resident

Your Responsibilities as a Permanent Resident

As a permanent resident, you are:

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You read somewhere to always file taxes even though you dont owe any taxes?

To show you understand your obligation as a Permanent Resident? Wow

If you are unemployed didnt have any income, why would you think of filing taxes?
 
Jbuff said:
You read somewhere to always file taxes even though you dont owe any taxes?

To show you understand your obligation as a Permanent Resident? Wow

If you are unemployed didnt have any income, why would you think of filing taxes?
Click to expand...

Did you read the link I posted above? No qualifications.

Just like there are no qualifications on the question newacct posted.
 
Guys, please note that she was shown dependent on my return. So, in that case she does not need to file return. Correct?

So, I am still wondering if I shall say Yes to the question that she did not file return after getting the Gc and then send addendum with explanation with N400 application?

Thanks for all your time and help.
 
Your mother DID file her taxes...as your dependent.
If she made more than about $4200 (on a W2) then she was required to file individual tax return.
For better answers, please talk to a tax specialist.
 
Guys, I am thinking my mother should say 'No' to "Have you EVER not filed a Federal, state, or local tax return since you became a lawful permanent resident?" question in N400 form as my mother had no taxable income and hence she did not file the returns. If she says 'Yes' in the form, she has to send explanation letter. Also, if she say 'Yes', it says that she has to send all the correspondences with IRS regarding failure to file.

So, I believe she is not doing anything wrong as she was not supposed to file returns based on her income.

If they send the inquiry, she can send the explanation.

What you say?

Thanks!
 
sshah1001 said:
Guys, I am thinking my mother should say 'No' to "Have you EVER not filed a Federal, state, or local tax return since you became a lawful permanent resident?" question in N400 form as my mother had no taxable income and hence she did not file the returns. If she says 'Yes' in the form, she has to send explanation letter. Also, if she say 'Yes', it says that she has to send all the correspondences with IRS regarding failure to file.

So, I believe she is not doing anything wrong as she was not supposed to file returns based on her income.

If they send the inquiry, she can send the explanation.

What you say?

Thanks!
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The IO will go over her Application with her on the day of the interview. Dont over think it too much at this point.
You cant be of good moral character if you owe the Government taxes. Thats what they are looking for. Your mom cant owe any taxes if she didnt have any income, its that simple.


Select yes = didnt have a job!

Select no = didnt have a job!

Me personally id select no.

Either way she”ll be fine.
 
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