Unique Tax situation before filing N400

V

vcpat

Registered Users (C)
In 2009 IRS sent notice that I owe taxes from 2007 as I missed to report small income from my side consulting job.
The company I consulted for did not sent me 1099-MISC that year. Now I have paid taxes per IRS notice.

1. Should I answer "Yes" or "No" to following questions while filing for N400?
Question A.5 Do you owe any Federal, State, or local taxes that are overdue?
Question C.13 Since becoming a lawful permanent resident, have you ever failed to file a required Federal, State, or local tax return?

2. What documents will be good to support this situation if it comes up in N400 process?

Thanks
vcpat
 
vcpat said:
Question A.5 Do you owe any Federal, State, or local taxes that are overdue?
No if you have paid, yes if you didn't pay or have scheduled payments

Question C.13 Since becoming a lawful permanent resident, have you ever failed to file a required Federal, State, or local tax return?
Yes, it's your responsibility to claim form 1099-MISC, you knew that you have extra income that year, but didn't report it. So you failed.
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So the 1st question is a NO because you don't owe as of the date that you are filling the application.

for the second questions is a YES since you failed to file.

Take receipt of payment or whatever you have to the interview. I would also send a copy with the application but that's me, it is not required.
 
vcpat said:
Question C.13 Since becoming a lawful permanent resident, have you ever failed to file a required Federal, State, or local tax return?
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It only ask whther you filed or not does not ask whether you miss anything in your tax return. So you should answer NO
 
taxes

since you paid it, you answer No. during interview you will be asked again if you owe taxes, just answer no.
 
Mimi1212 said:
How? NO on C.13?? she FAILED to file, so why would she asnwer NO?
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If OP failed to file a 2007 income tax return, then it would be YES. However, if the OP filed the 2007 return but failed to disclose the income from side job, the answer would be NO since OP actually filed return (which is what the question asks).
 
Bobsmyth said:
If OP failed to file a 2007 income tax return, then it would be YES. However, if the OP filed the 2007 return but failed to disclose the income from side job, the answer would be NO since OP actually filed return (which is what the question asks).
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In fact I believe question is C 14 not C13. Yopu answer that question Yes onlky if you failure to file tax is becaus eyou think you are a nonresident.
If you think you are a resident but dio not file because you just di dnot want to pay taxes you still anbswer NO. Only A4 you should answer Yes.

Just compare questions A 4 and C14.

Even Question A4 is weird. It ask if you haver failed to file tax SINCE becoming a PR. So if you failed to file tax rteturn before becoming a PR,
then it does not matter. We shoudl wish "SINCE becoeming a PR" should be included into other questions.
 
As much as I read the question I still think is a YES, but I guess you all know better than me. For the regular (not so informed) reader this sounds like if you ever failed to file a tax return you should answer a yes. She did for ther reg job but NOT her side job OK but STILL failed to file. Again Im no expert on this.
 
vcpat said:
2. What documents will be good to support this situation if it comes up in N400 process?
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The simple answer to this would be to call the IRS 800 number and order transcripts for the past 5 years. They are free and come in the mail within about 10 days.

If they all show zero owed then the answer would be "no"

If the question was "Have you failed to lodge a tax return every year," then it might be different. But failing to lodge one year then lodging later and paying fines and penalties still covers the "owe nothing to the IRS" issue.

Let the IRS transcripts define your status with them and take the transcripts along to the interview as you did lodge for all years and filed an amended return to solve the oversight of the side-job.
 
Mimi1212 said:
As much as I read the question I still think is a YES, but I guess you all know better than me. For the regular (not so informed) reader this sounds like if you ever failed to file a tax return you should answer a yes. She did for ther reg job but NOT her side job OK but STILL failed to file. Again Im no expert on this.
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Question C 14: have you EVER failed to file a federal, state or local tax return BECAUSE you considered yourself to be a "nonresident".

If the OP did not file tax for other reasons then it is not because he or she considered himself/gherself to be a "nonresident".
 
Mimi1212 said:
Ok then, if the question is worded like that, it makes sense to put NO.
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and of course he has to answer question A4 :"Since becoming a lawful permanent resident, have you EVER failed to file a federal, state, or local tax return?".

Question C 14 is a conditional version of Question A 4. If you answer Yes to
C 14, then you must answer Yes to A 4, but not the otehr way aorund
 
Thanks for your replies..

1.

It seems everybody agrees that answer to Question A.5 "Do you owe any Federal, State, or local taxes that are overdue?" is "Yes" as I paid the taxes.

2.
But some unclarity about Question A.4 "Since becoming a lawful permanent resident, have you ever failed to file a required Federal, State, or local tax return?"

I did not fail to file 2007 full return. It was just the small income from 1099-MISC that I missed to report because company did not send me 1099-MISC. Isn't that company's responsibility to send 1099-MISC?

That is where I am not sure what to answer "Yes" or "No"

Thanks
Vijay
 
vcpat said:
1.

It seems everybody agrees that answer to Question A.5 "Do you owe any Federal, State, or local taxes that are overdue?" is "Yes" as I paid the taxes.

2.
But some unclarity about Question A.4 "Since becoming a lawful permanent resident, have you ever failed to file a required Federal, State, or local tax return?"

I did not fail to file 2007 full return. It was just the small income from 1099-MISC that I missed to report because company did not send me 1099-MISC. Isn't that company's responsibility to send 1099-MISC?

That is where I am not sure what to answer "Yes" or "No"

Thanks
Vijay
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I think as lopng as you filed return, you answer NO to A 4 and C14.

and I suggest you send a check to IRS paying the amount you owed as IRS notice, so you still answer NO to question A 5
 
vcpat said:
2.
But some unclarity about Question A.4 "Since becoming a lawful permanent resident, have you ever failed to file a required Federal, State, or local tax return?"

I did not fail to file 2007 full return. It was just the small income from 1099-MISC that I missed to report because company did not send me 1099-MISC. Isn't that company's responsibility to send 1099-MISC?

That is where I am not sure what to answer "Yes" or "No"

Thanks
Vijay
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You didn't fail to file so it would be NO. You failed to disclose income on the 2007 tax form which isn't what the question asks.
 
WBH said:
In fact I believe question is C 14 not C13. Yopu answer that question Yes onlky if you failure to file tax is becaus eyou think you are a nonresident.
If you think you are a resident but dio not file because you just di dnot want to pay taxes you still anbswer NO. Only A4 you should answer Yes.

Just compare questions A 4 and C14.

Even Question A4 is weird. It ask if you haver failed to file tax SINCE becoming a PR. So if you failed to file tax rteturn before becoming a PR,
then it does not matter. We shoudl wish "SINCE becoeming a PR" should be included into other questions.
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Question 13 and 14 is asked to establish continuous residence requirement during statutory period.
Question 4 is asked for moral character determination. Since moral character is determined during statutory period (which is when you are a LPR), it makes sense to ask if you ever failed to file taxes as a LPR.
 
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