Ready to file - forgot to file spouse tax for 1 year (more than 5 years ago).

BorisIvanov

BorisIvanov

New Member
I am planning to file N-400 for myself and wife. I received my GC, employment based (H1B) in 2007. My wife at that time was living/working in Europe. She also received her GC at the same time since she was on H4. She visited US a few times then to keep GC alive before moving in permanently with me in 2008 to settle down in the US.
Now, I forgot to file taxes for her in 2008 (for the 2007 tax year). I only started filing jointly from 2009 on-wards till date. My question is, do I have to bother about filing taxes for her for the 2007 tax year since she became a permanent resident that year? Her earnings were all outside the US since she was working in Europe then. Would there be any issues she does not file it since we need to only have tax documentation for the last 5 tax years (2011 -> 2015) if I apply now??
 
IMHO the 2007 tax year is too far back in the past to worry about. If she was working in Europe she likely wouldn't have owed any US taxes anyways so you can truthfully say she owes no taxes.
 
CalGreenCard said:
IMHO the 2007 tax year is too far back in the past to worry about. ......
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Well I am happy to hear that.

CalGreenCard said:
.... if she was working in Europe she likely wouldn't have owed any US taxes anyways so you can truthfully say she owes no taxes.
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OK , that part was confusing me, since as a permanent resident, you would have to be resident in the US and so claiming the Foreign Tax Credit was a mater of concern/confusion to me.

and thank you for taking to time to respond to my original question @CalGreenCard
 
BorisIvanov said:
OK , that part was confusing me, since as a permanent resident, you would have to be resident in the US and so claiming the Foreign Tax Credit was a mater of concern/confusion to me.
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Well these forums are primarily about immigration--not tax--and I personally know more about immigration than I do about tax (I'm a layman in either case).

However I don't believe there is any problem with a green card holder claiming the Foreign Tax Credit. Yes, as a tax resident starting in 2007 she should have filed for the 2007 tax year but she could have claimed the Foreign Tax Credit. However I don't recommend at this late date going back and filing for 2007 since they don't look back that far either for tax or naturalization purposes.
 
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