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Thread: naturalization

  1. #1
    I filed my N400 a couple of months ago. I am a permanent resident applying on the basis of 5 year residence. My first year here I worked for a maintenece company which for some reason was paying me with a regular check and at the end of the year did not give me anything for my taxes nor report anything about me to IRS. Am I in trouble? I answered the question" Have you ever failed to submit the required federal, state or local tax returns" with a no. Any advice helps.

  2. #2
    I filed my N400 a couple of months ago. I am a permanent resident applying on the basis of 5 year residence. My first year here I worked for a maintenece company which for some reason was paying me with a regular check and at the end of the year did not give me anything for my taxes nor report anything about me to IRS. Am I in trouble? I answered the question" Have you ever failed to submit the required federal, state or local tax returns" with a no. Any advice helps.

  3. #3
    Guest
    That question is asking whether you filed your taxes. When the company gave you your check and you saw the deductions on your paystub, did you file your taxes at the end of the year?

    If you have not been filing taxes, you are in trouble big time. You may get IRS fines and even go to prison!

  4. #4
    It is highly unlikely that you will be in big trouble for this and go to jail.

    Depending on the amount of income you received, your age, and your marital status, you may not have been required to file with the IRS. Check the IRS WEB site. If you didn't have to file, no worries. You answered the question on the N-400 correctly.

    But it is more likely that you were supposed to file, but may have worked for a disreputable employer. Your income may never have been reported, saving you from having to pay income tax and you employer from having to pay also. Working under the table is illegal, but no one will know except you and your former boss.

    If you were above the income level requiring submission to the IRS, and your income was reported to the IRS, you can still file, but you will face penalties and interest on the amount you owed. In this case you should fix it before your naturalization interview. Contact the Taxpayer's Advocate in your local area. They are a part of the IRS, but are quite helpful. If that worries you, see an accountant first.

    The Grand Poo-Bah
    Lord Chief Justice, Master of the Buckhounds and Groom of the Back Stairs

  5. #5
    Lord Chief Justice,
    thank you for answering. My situation is as follows. I was paid with a business check, not with a pay check and I was told that at the end of the year I would receive the 1099 as an independent contractor and pay taxes then. I left the company at the end of the year and when time came to get the 1099 I contacted them a couple of times but I never received that form in the mail. Anyway, when filing the N 400 I wrote down that I worked for them because that is the truth. The problem is I don't know wheter they reported my income or not since I never got anything in the mail . If they reported, I don't think I made enough money to file-I made less than 3000. But if the company did not report my income to IRS and I still wrote in the N400 I worked for them and answered the question no. Am I in trouble? How can I find out whether my income was reported. Please, help with advice.

  6. #6
    Check the IRS WEB site for the filing requirements for the year in question.

    http://www.irs.gov/formspubs/article...=98339,00.html

    Select the year and look up IRS Publication 501, Exemptions, Standard Deduction, and Filing Information. Look at the chart on Table 1. and check your filing requirements. For example, IRS Publication 501 for 1997 shows that a single person under age 65 had to have earned $6,800 before they were required to file a tax return. Be sure to read the whole section under Who Must File and Other Situations, because that could change your filing requirement.

    Print out a copy to take with to your naturalization interview since you already reported on your N-400 that you worked that year. If they ask why you did not file taxes that year, you can clearly show that you were not required to. (Or, if you were required to, you can fix it in advance.) Don't worry about your employer or being in trouble. Criminal penalties only apply to willful tax evasion.

    The Grand Poo-Bah
    Lord Chief Justice, Master of the Buckhounds and Groom of the Back Stairs

  7. #7
    Lord Chief Justice,
    I checked with IRS and they told me no income was reported for me for 1998. Even though IRS has no record I still wrote down on the N-400 that I worked for the company that failed to report my income. Is it a good idea to go ahead and file the taxes for 1998 now before the interview? How will filing the tax returns after filing the N 400 will affect my application?

  8. #8
    It is not big trouble maybe.
    YOu means you only make $3000, right?
    Anyway I think if you only make $3000 and
    total income including intrest in the bank
    I think aound $7000(Please check!),
    you were not required to file tax.
    SO you can answer truthfully
    NO to the question

    "have you ever failed to file "REQUIRED" tax return?"

    Caluculate how much you made first including the mount you made form the company
    you work as IC(independent contractor)
    and then check the total amount you recive
    that year.
    If it is still less than that no problem
    But it possibly more than that,
    may be small trouble.

  9. #9
    GoodSon,
    could you please read my last post and advise me on what should I do?

  10. #10
    Hi
    >Is it a good idea to go ahead and file the >taxes for 1998 now before the interview? How >will filing the tax returns after filing the >N400 will affect my application?
    I think it is good idea to check first.
    Yes,
    1.
    first get form 1040 and instruction in 1998
    and check who have to file.
    (There must be the amount, and all who earn
    more than that have to file, else
    do not have to file.

    2.
    Caluculate how much you earn in 1998.

    3. if you find your income is not
    more than reqired amount for tax return.
    I do not think you have to do any action anymore.

    First think is to get thouse 2 amounts.

    A.Your tatal income in 1998.
    B.The required amount for tax return in 1998.

    I think B. amount is about 6000-7000 for
    single.

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