Ready to file... Have some questions

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dchrist475

New Member
Hello,
I am new to the forums.

I have been a GC holder since I was about 2 months old (long story, my mother (a GC holder) went on vacation to her home country when she was 6.5 months pregnant and immediately gave birth to me (shouldn't fly in third trimester)). She filed for me and I was granted permanent residency shortly after. I am 28 years old, and I have been living in the United States ever since.

I have decided to finally apply for US citizenship. I feel like my app should be straight forward. But I have one issue. I failed to file my 2008 and 2009 federal and state income taxes. I have since received a bill from Colorado state for failure to file for those years. I have since paid those bills and filed and paid my federal income taxes for those years. And I have also filed my fed and state income taxes on time for all years since.

I have two questions:
1. On the N400 the question that asks if I have ever failed to file fed or state taxes do I answer yes?
2. Could I be denied because of this?

Any responses are deeply appreciated. Thank You.
 
Did you subsequently file federal and state tax returns for those two years? if you did, you should answer NO to the quuestion on N-400.
 
Did your mother become a US citizen before your 18th birthday? If yes, you may have already derived US citizenship through her.
 
nkm-oct23 said:
Did you subsequently file federal and state tax returns for those two years? if you did, you should answer NO to the quuestion on N-400.
Click to expand...

I filed the federal not the state. The state filed for me when they sent the bill. (I believe.)

Can I still answer No to that question?
 
nkm-oct23 said:
Are you sure the state filed your return? It sounds odd. Check the paperwork they sent.
Click to expand...

Ok.

So I called the Colorado Department of Revenue. They said that they did not technically file a return. What they did was send me a "Non Filer Bill" which was comprised of the estimated taxes for the year(s) I failed to file. I just contacted my accountant, and I will file the state returns for those years. They said that once I file, it will replace the non-filer forms. So I should be good to go after that.

Then I am guessing that I will be able to answer "YES" to that question?
 
dchrist475 said:
Ok.

So I called the Colorado Department of Revenue. They said that they did not technically file a return. What they did was send me a "Non Filer Bill" which was comprised of the estimated taxes for the year(s) I failed to file. I just contacted my accountant, and I will file the state returns for those years. They said that once I file, it will replace the non-filer forms. So I should be good to go after that.

Then I am guessing that I will be able to answer "YES" to that question?
Click to expand...

You should file now if you are allowed to do so. After you file, you can fill out N-400 with a "No" answer to the tax related question. The question on N-400 form is whether you failed to file a federal or state tax return, so the correct response will be NO.
 
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