Unique Tax situation before filing N400

Bobsmyth said:
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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By this logic, many other questions should also add this "Since becoming
a lawful permanent resident" clause.
 
It looks answering "NO" to both is okay in my situation.

If this comes up in interview though will it cause any issues? Has anybody experienced such tax situation and still got citizenship?
 
To answer the OP's question - IRS requires company that pay anyone more than $600 per year to report to them on 1099-MISC. The company should also send a 1099-MISC copy to the contractor.

However, there is a separate issue, while the company may be at fault. That does not absolve the individual contractor from reporting the income. It is the responsibility of the individual to report all income from all source regardless of documentation. For instance, let's say you were hired by a company based in Mexico to perform web design services for them from your home in the US. The company pays you by wire transfer (or Paypal) to the sum of $10,000 (yeah I know nice gig right?!). The company has no responsibility under US Tax Laws. However, you do have a responsibility to report the income.

So long story short. YOU FILED your tax return. There is no question about the fact that you filed it - you did underreport your income, but that can happen (even the IRS will agree it's an honest mistake). As long as you pay what's due penalties and interest and all. You can safely answer NO to both questions (any taxes due, and failure to file) - you have clearly met the burden.

After saying all that - please do understand this advice is considered to be an opinion only - and is worth exactly what you've paid for it :-) if in doubt, contact a legal professional.

Thanks
Nick
 
I too would suggest putting "No" for these tax related questions. You obviously do not owe any taxes now since you have paid it ; so there is no issue with that. For the other issue it could be a simple case of a mistake that was rectified by you later (by paying the taxes). It is not asked whether you paid incorrect amount of taxes; question is if you failed to file the return and you never really failed to file any returns. Right?

However, if I were you I would at least mention it to the IO when this question about taxes comes up during the interview. I know some people may disagree with me on this one but that's my take on it. A few pros here may be able to shed light on the chances of USCIS knowing from IRS about this filing in correct amount of taxes and then rectifying it and paying later. If there is even a slight chance that USCIS may find that from your background check then it may be better to mention it during the interview.
 
richmondva said:
However, if I were you I would at least mention it to the IO when this question about taxes comes up during the interview.
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If you plan to mention it then you better have documents to back it up. The IO may not just take yoru words for it.
 
NEWFILER said:
What Bob and cargo* says makes much sense to me(This dosn't mean their version was final and every other need to accept but..to me ).
Like driving tickets I feel it is more common among the filers to miss(honest mistakes) of reporting some thing like 1099s. and small W2s (because small time employer has not sent it or you forgot the small time employment).and later they (honestly)pay when they are 'reminded' of the miss.I guess it is not equivalent to- did you vote and yes-- question
If every one must to answer 'Yes' really --one failed to 'file' some thing in this scenario?Just think.
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Mark Twine said everyone is a moon and has a darkside he does not want to be shown. If USCIS does not actively take a look at yoru dairkside, don't offer to show it.
 
I guess the question then is "would they know about this if she doesn't tell them?" Does something like this shows on any kind of background?
 
WBH said:
By this logic, many other questions should also add this "Since becoming
a lawful permanent resident" clause.
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Nor necessarily as certain things are more heavily weighted in the determination of moral character, no matter when they happened.(ex:voting)
 
NEWFILER said:
Mimi I guess it depends.
An abosolute thing and question from me.
For example if you are alone on a beach and no soul is around for another 5 miles radius and you shout to the sea-that you are a citizen just, for fun --does it construe some thing and you answer what on N400 truely?:)
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Haha now that's a little extreme but when uncle Sam sends a letter to you saying you owe taxes, that record might show up somewhere (maybe not). :D
 
I got notice about 1040 forFederal taxes which I paid. But I received nothing from state.

Should I wait or file 2007 tax amendment for Tax?

Thanks
vcpat
 
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