You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
Taxes and citizenship
- Thread starter malyshka
- Start date
Well, if the ex-wife worked then they probably filed some joint tax return so she was claiming the husband as dependent and saving some taxes. Wasn't that the case? I have to say that it sounds strange, borderline was it a bona fide marriage. Now, on your question, I guess if he has a convincing story during interview he most likely will be fine, but it might cause some problems, it's hard to say.
Jackolantern
Registered Users (C)
Was he married to his ex-wife for all of those 3 years?Hi, everyone! My husband is having his citizenship interview next Friday. He came to the US in september 2003. He didn't file the taxes for 3 years. He actually didn't work, his ex-wife did. Will it hurt his getting a citizenship?
If his ex-wife filed a joint return for those years, his SSN would have been on the returns, so his requirement to file would have been satisfied by those joint returns.
Well, if the ex-wife worked then they probably filed some joint tax return so she was claiming the husband as dependent and saving some taxes. Wasn't that the case? I have to say that it sounds strange, borderline was it a bona fide marriage. Now, on your question, I guess if he has a convincing story during interview he most likely will be fine, but it might cause some problems, it's hard to say.
The problem is that his ex-wife never filed for tax return either.
harvydonald
Registered Users (C)
Not paying taxes, and not filing tax returns are different matter. It is possible that your husband and ex-wife were paying taxes, but never filed tax returns, in that case he can file returns immediately and not worry about any penelties or issues.
If they never paid any taxes and had income, then consult a tax and an immigration attorney immediately.
If they never paid any taxes and had income, then consult a tax and an immigration attorney immediately.
Was he married to his ex-wife for all of those 3 years?
If his ex-wife filed a joint return for those years, his SSN would have been on the returns, so his requirement to file would have been satisfied by those joint returns.
Yes, he was married for for those 3 years his ex and she never filed for tax returns. She was getting some pay checks, but I'm not sure what kind of checks were there.
Not paying taxes, and not filing tax returns are different matter. It is possible that your husband and ex-wife were paying taxes, but never filed tax returns, in that case he can file returns immediately and not worry about any penelties or issues.
If they never paid any taxes and had income, then consult a tax and an immigration attorney immediately.
We were going to pay all the taxes for those 3 years, but our lawyer said that we don't have to, because he didn't worked and didn't have any income. Also, there is an income limit as per which people have to pay taxes. Does anybody know what is that amount?
And not paying taxes is something serious why they can deny his citizenship?
harvydonald
Registered Users (C)
check out http://www.innocentspouserelief.com/
Since your husband did not have income, he may not be liable for paying the taxes.
If your husband does in-fact owe back taxes, they may hold the citizenship decision till he can comeup with a payment plan with the IRS to pay the taxes.
Since your husband did not have income, he may not be liable for paying the taxes.
If your husband does in-fact owe back taxes, they may hold the citizenship decision till he can comeup with a payment plan with the IRS to pay the taxes.
Jackolantern
Registered Users (C)
Being required to pay and required to file are separate things.Also, there is an income limit as per which people have to pay taxes. Does anybody know what is that amount?
With combined income below approx. $17000 for a married couple (this may be somewhat more or less, depending on the year), or under $400 if self-employed, normally it is not required to file a Federal tax return.
It is possible that sufficient taxes were withheld from his wife's paycheck, so little or nothing would be owed. But if the income is above the limit, filing is still required.
They won't approve citizenship if there are unfiled mandatory tax returns, even if nothing is owed. And they won't approve citizenship with unpaid overdue taxes, unless the applicant can show that arrangements were made to pay the overdue amount according to a payment plan that was agreed to by the IRS.And not paying taxes is something serious why they can deny his citizenship?
Last edited by a moderator:
Jackolantern
Registered Users (C)
Was that a tax lawyer? I'm quite sure that because his ex-wife had income (unless it's below the $17000), he would either have to file his own return as married-filing-separately (and report zero for his own income), or file a joint return. If that lawyer wasn't a tax attorney, consult a tax attorney.We were going to pay all the taxes for those 3 years, but our lawyer said that we don't have to, because he didn't worked and didn't have any income.
Last edited by a moderator:
Jackolantern
Registered Users (C)
The innocent spouse relief may not be applicable to this situation, because no joint return was filed.check out http://www.innocentspouserelief.com/
Since your husband did not have income, he may not be liable for paying the taxes.
Bottom line is that the OP needs to consult a competent tax attorney or tax accountant.
Being required to pay and required to file are separate things.
With combined income below approx. $17000 for a married couple (this may be somewhat more or less, depending on the year), or under $400 if self-employed, normally it is not required to file a Federal tax return.
It is possible that sufficient taxes were withheld from his wife's paycheck, so little or nothing would be owed. But if the income is above the limit, filing is still required.
They won't approve citizenship if there are unfiled mandatory tax returns, even if nothing is owed. And they won't approve citizenship with unpaid overdue taxes, unless the applicant can show that arrangements were made to pay the overdue amount according to a payment plan that was agreed to by the IRS.
I don't think their income was above $17000. If so, does it mean that it's ok that they didn't pay taxes and didn't file tax returns?
Was that a tax lawyer? I'm quite sure that because his ex-wife had income (unless it's below the $17000), he would either have to file his own return as married-filing-separately (and report zero for his own income), or file a joint return. If that lawyer wasn't a tax attorney, consult a tax attorney.
No, it was an immigration lawyer... There is no much time left to do anything right now, I guess... Thank you, guys, for all your help.
Good luck with the interview. I agree you don't have much time to do anything, so your husband will go to the interview and if the issue comes up during the interview they will probably give him instructions on what kind of documents or actions to take. I am not sure, it is clearly beyond what I know. I have to say that the whole thing looks a bit strange, but hey, each case is different.
I'm neither a tax attorney nor an immigration attorney nor a divorce attorney, but to me the case seems less complicated than discussed in many replies:
- There is never an obligation to file "Married-filing-jointly"; it's an option that is just there because it is more convenient and more avantageous for many couples
- When not filing jointly, each spouse has their own filing and (when appropriate) payment obligation; the other spouse's derived obligation is dependent on the marriage and (later on) divorce circumstances (e.g. pre-nup, etc)
- The husband had no income, so no obligation to file, no obligation to pay any taxes (unless and until the ex-wife filed/files and has a tax liability, and only if and when the divorce convenant discussed any kind of split of back taxes)
So, in my mind the husband can simply and honestly tell at the interview that over those 3 years no return was filed, because he didn't have nay income. It probably even helps if he volunteers to file zero-income returns for those years to help close the loops and the books. Yet one step better: go to the nearest library and get copies of the 1040 forms for the relevant years. Fill them out (real simple with zero income), copy them, send the originals to the IRS by FedEx, bring the copies and the FedEx receipt to the interview.
Then again: maybe I'm oversimplifying things, as I'm not a lawyer...
Wd
- There is never an obligation to file "Married-filing-jointly"; it's an option that is just there because it is more convenient and more avantageous for many couples
- When not filing jointly, each spouse has their own filing and (when appropriate) payment obligation; the other spouse's derived obligation is dependent on the marriage and (later on) divorce circumstances (e.g. pre-nup, etc)
- The husband had no income, so no obligation to file, no obligation to pay any taxes (unless and until the ex-wife filed/files and has a tax liability, and only if and when the divorce convenant discussed any kind of split of back taxes)
So, in my mind the husband can simply and honestly tell at the interview that over those 3 years no return was filed, because he didn't have nay income. It probably even helps if he volunteers to file zero-income returns for those years to help close the loops and the books. Yet one step better: go to the nearest library and get copies of the 1040 forms for the relevant years. Fill them out (real simple with zero income), copy them, send the originals to the IRS by FedEx, bring the copies and the FedEx receipt to the interview.
Then again: maybe I'm oversimplifying things, as I'm not a lawyer...
Wd
Jackolantern
Registered Users (C)
Correct. But the IO may demand evidence of the income being so low, like W-2 forms. It may be impossible to obtain that proof now, but if your husband knows for sure the income was less than the threshold, he can firmly state that fact (and hope the IO doesn't ask for proof).I don't think their income was above $17000. If so, does it mean that it's ok that they didn't pay taxes and didn't file tax returns?
Note that $17000 is just an approximate figure; it is closer to $18000 for 2008 and was probably less than $17000 in 2005 and before. So if your husband is going to assert that he was not required to file, he should know the exact income amounts and know the exact thresholds for each year.
I don't think their income was above $17000. If so, does it mean that it's ok that they didn't pay taxes and didn't file tax returns?
Just wondering "out loud":
Was that income enough to enable her sponsorship of him for the green card?
Wd
Jackolantern
Registered Users (C)
Actually, my understanding is that if they don't file a joint return and their combined income is above the $17000 (or whatever the exact figure is), they BOTH have to file a married-filing-separately return, even if one spouse has no income.- The husband had no income, so no obligation to file, no obligation to pay any taxes
Good luck with the interview. I agree you don't have much time to do anything, so your husband will go to the interview and if the issue comes up during the interview they will probably give him instructions on what kind of documents or actions to take. I am not sure, it is clearly beyond what I know. I have to say that the whole thing looks a bit strange, but hey, each case is different.
Thank you. I just called our tax accountant and she said that she'll be able to file everything in couple days, so my husband will have all the papers he need. But I wouldn't be that concerned about it, he'd just file the tax return and the taxes if not such an economics going on, when every dollar counts..
I'm neither a tax attorney nor an immigration attorney nor a divorce attorney, but to me the case seems less complicated than discussed in many replies:
- There is never an obligation to file "Married-filing-jointly"; it's an option that is just there because it is more convenient and more avantageous for many couples
- When not filing jointly, each spouse has their own filing and (when appropriate) payment obligation; the other spouse's derived obligation is dependent on the marriage and (later on) divorce circumstances (e.g. pre-nup, etc)
- The husband had no income, so no obligation to file, no obligation to pay any taxes (unless and until the ex-wife filed/files and has a tax liability, and only if and when the divorce convenant discussed any kind of split of back taxes)
So, in my mind the husband can simply and honestly tell at the interview that over those 3 years no return was filed, because he didn't have nay income. It probably even helps if he volunteers to file zero-income returns for those years to help close the loops and the books. Yet one step better: go to the nearest library and get copies of the 1040 forms for the relevant years. Fill them out (real simple with zero income), copy them, send the originals to the IRS by FedEx, bring the copies and the FedEx receipt to the interview.
Then again: maybe I'm oversimplifying things, as I'm not a lawyer...
Wd
That is exactly what our lawyer said to us, besides filling out 1040 form.