old NR taxes

[Borat]

After getting a GC years ago, I might have kept filing federal 1040NRs a few times just because of habit, being told by someone that as a student I'm covered by a tax treaty still, and may be a resident with GC and still a non-resident for tax purposes. I didn't know it's a question on the N-400 then... Some posts on this forum say that one may go and submit the amended returns and pay the difference. Yet I'd rather not do that as I followed the advice in good faith, and a lot of time has passed, more than 5 years for sure, and paying may be hard. I'd go that route only if I really have to.

My question is how should I prepare to discuss it if I answer "No" to the "ever call yourself non-resident" question. Since it was a while ago, I really remember it quite poorly and my last 5 years transcripts are all 1040, plain, taxes filed and paid. I didn't keep records beyond that. If I'm asked about it, can I state I don't really remember? And if I see they're asking me specific questions, how should I handle that? Finally, I'd never lie and as a last resort would rather take a pause and redo the returns if they're still available, although it's not what I'd prefer, so I'd appreciate advice on how to handle the questions to leave it as a route I choose, not forced to take, when or if I need to...

 

[Bobsmyth]

If someone told you that you didn't have to file taxes as a student with a GC do you think USCIS would accept your response that you followed the advice in good faith?

If you ever filed taxes as a non resident since becoming a LPR you would have to answer YES on N-400. If you really don't remember, try contacting the IRS to see if they can provide you with tax transcripts going that far back. If they can't and you're really not sure if you did or didn't file as a NR, then answer NO.

 

[sanjoseaug20]

After getting a GC years ago, I might have kept filing federal 1040NRs a few times just because of habit, being told by someone that as a student I'm covered by a tax treaty still, and may be a resident with GC and still a non-resident for tax purposes. I didn't know it's a question on the N-400 then... Some posts on this forum say that one may go and submit the amended returns and pay the difference. Yet I'd rather not do that as I followed the advice in good faith, and a lot of time has passed, more than 5 years for sure, and paying may be hard. I'd go that route only if I really have to.

Ignorance of law can never be a good excuse ... once they start discussing the issue. I am not sure whether they will know about the gap so you are taking a chance. I think it will be hard for them to find any non-payment (in case you did not report foreign earnings), but much easier to find if you filed as a non-resident.

 

[PerpetualGC]

Tax treaty benefits work both ways (or used to back then) so that income earned in the US is non taxable in the US. A quick Google search reveals, for example, this one:

http://www.utexas.edu/international/taxes/taxtreatylists.html

Interestingly enough the link states:

"if within the time limit, the student may claim tax treaty even if s(he) qualifies as "resident alien" for tax purposes but not applicable for permanent resident or immigrant status. Students from PR China however, may claim the treaty as long as they are primarily enrolled to be a student, even if they become US permanent residents or have immigrant status."

I'd say check with BOTH an Immigration lawyer and with a Tax lawyer... This is O(exp(n)) complexity at best...

 

[Al Southner]

After getting a GC years ago, I might have kept filing federal 1040NRs a few times just because of habit, being told by someone that as a student I'm covered by a tax treaty still, and may be a resident with GC and still a non-resident for tax purposes. I didn't know it's a question on the N-400 then... Some posts on this forum say that one may go and submit the amended returns and pay the difference. Yet I'd rather not do that as I followed the advice in good faith, and a lot of time has passed, more than 5 years for sure, and paying may be hard. I'd go that route only if I really have to.

My question is how should I prepare to discuss it if I answer "No" to the "ever call yourself non-resident" question. Since it was a while ago, I really remember it quite poorly and my last 5 years transcripts are all 1040, plain, taxes filed and paid. I didn't keep records beyond that. If I'm asked about it, can I state I don't really remember? And if I see they're asking me specific questions, how should I handle that? Finally, I'd never lie and as a last resort would rather take a pause and redo the returns if they're still available, although it's not what I'd prefer, so I'd appreciate advice on how to handle the questions to leave it as a route I choose, not forced to take, when or if I need to...

Borat,

Unlike in Kazakhstan, you are required to maintain tax records for a period of 7 years I am told by someone well-versed in these tax matters. Why you need to do this? If IRS decides to audit your returns for irregularities, usually happens to a small portion of filers. In reading your post, it appears as it you would like to invoke selective amnesia about filing as a non-resident... Yes, you can tell USCIS that you don't remember what you filed during taxes, and you will see that USCIS won't remember to approve your application, but will vividly remember to deny it... There is only a small portion of people who have GC who the law exempt from paying taxes, your tax treaty issue smells like a cheap scam....

Let me help you, check YES in the application. USCIS has access to your tax returns and can verify the information with IRS directly. So, checking NO won't do you any good, will surely create a denial for lying under oath to IO, which is an attempt to defraud USCIS. Full disclosure is good for your heart as well. Let me also disabuse you of the notion that following advice of someone in good faith somehow inoculate you from errors made in tax filing, the law was created specifically to nab anyone trying to use this excuse. Any tax adviser who advised you to file as a non-resident while holding a GC, should give you a memo from IRS indicating that this is legal, in the absence of such a memo, just like a fresh salmon, you are on the hook for failure file proper tax documentation. If I were you, would hire a tax attorney or CPA to resolve this by filing amendment which might result in you owing taxes... If you find your 1040, there is a disclosure column which indicates that the signee acknowledges that information contained herein is correct..