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My husband has overstayed his visa, can you help?

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  • #31
    Question for knowledgable accountants:

    What would IRS do if upon auditing (for not-filing of taxes, for instance) it is discovered that Government owes money to an individual ( For instance, Tax Credits, for falling under the low income bracket, with qualified exemptions)?

    HINT: IRS would owe such person (and pay) taxes overpaid (or unclaimed/uncollected Tax Credits) for the past 3 years (Under current and recently published policy).

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    • #32
      At a guess (and no, I'm not an accountant), the government would refund overpayments, although since the guy was illegal when he was working, he wouldn't be entitled to EIC. HOWEVER, there are penalties and interest for not filing a tax return, and for not paying enough tax early enough in the year. (Once upon a time, when my income was irregular, I got stuck with a fine because I didn't pay quarterly taxes, even though I paid enough in taxes over the whole year.) And there's always the possibility that he owes more than he paid, especially if he was an "independent contractor". (In the latter case, he'd have to pay not only income taxes, but his and the employer's share of social security taxes.)

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      • #33
        Aliba,

        it's good that you ackonwledge not being an accountant.

        It would make you so much more credible if you spent a little time studying the matter before posting on this board.

        Comment


        • #34
          If my past experience doesn't count, then what does? This whole board relates their past experiences as justification for what they say.
          As for the EIC, from what I've READ, illegal aliens are not eligible. I don't know that firsthand, which is why I pointed out that I'm not an accountant. The OP should certainly see a good tax accountant (possibly a tax attorney, under the circumstances), but she seems to think it's a trivial matter, and it's not. It can add up to big bucks, especially if taxes haven't been filed or paid for 14 years.

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          • #35
            KNOWLEDGE OF FACTS AND REGULATIONS - that is what counts !

            The rest is mere speculation.

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            • #36
              Of course it's mere speculation, but even "knowing" the law won't guarantee the outcome, now will it? Since you're the one who posed the hypothetical (something my old business law professor always warned against--only actual cases matter; no "ifs" allowed), why are you now objecting to speculation?

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              • #37
                What I say is: get your facts (and knowledge of regulations) straight.

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                • #38
                  dear ren: an illegal ALIEN is still an illegal ALIEN. If you don't like the term 'ALIEN', well, I don't give a $hit, ALIEN!
                  All illegal ALIENS should be deported, tomorrow. We don't need them, we don't want them infecting our country. Leave, all you illegal ALIENS!!!!!

                  Comment


                  • #39
                    LPR'S are also ALIENS, btw.
                    There is nothing insulting in this term.
                    People are getting WAY TOO sensitive, now don't they?

                    Comment


                    • #40
                      To ImmortalE, Aliba, and Scared,
                      The tax issue may be a problem with your husband if there is no income tax returns from him, either filing as married filing joint, or in another filing status by himself within the last three years. It seems that the attorney may not have to worry about this when the time comes given the information provided by him and hoping he has some knowledge of US tax code.

                      There were a couple of important items which Aliba nor ImmortalE were correct. If your husband has not filed, and lets presume he did not, and your husband had income and wiwhholding, he can get a refund within three years of the due date of the return, including extensions, or within two years of the tax is paid, whichever is later. There is no statue if fraud is intended or he did not file. Penalties and interest will only accrue if there is a balance due, that is, if the payments are less than the tax.

                      Estimated tax penalty, that is not paying enough into the system, occrus when you owe more than a $1000 and your withholding is less than 90% of the current tax or 100% of the previous tax. There is a safe harbor law if your income is above a certain thresshold, income over $150000 for most filing statuses.

                      Aliba is correct that those who have ITIN's, illegals or certain legal aliens, cannot get earned income credit. Publication 596, Earned Income Credit, at http://www.irs.gov or the instructions on form 1040 series, will provide you with that rule and the other rules for being eligible for EITC. It used to be, prior to 1994, that illegal aliens could get the EITC, but that was also prior to the ITIN. SS cards used to have a proviso, "not entitled to work" without any mention to INS approval. This was the procedure until that law was changed. If one of the parents or even the child has an ITIN, they are inelible for the credit.
                      "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

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                      • #41
                        This site is full of B.S.

                        None of you are aware of TAX CODES or IMMIGRATION REGULATIONS to the extent that would allow you to speak on the issue while maintaining some level of credibility.

                        Comment


                        • #42
                          Houston,

                          As usual, thank you for your insight on the tax issue. You always seem to offer insight and calmness.

                          Aliba: In no way do I believe the tax issue is a trivial matter. I don't believe I wrote that did I? I am new to this board, I am just in the midst of filling out the paperwork. There are going to be zillions of questions that may be posed to me that right now, I cannot answer, because I don't know the answers to them, if that seems trivial to you, OK.

                          ImmortalE: Truly, I am coming to this site, and to this thread that I started to find out information and share what I have learned so that the experts here and those who have experienced what I am going through can help me. Can you refrain from using this thread as a place for your outburts and advertisements? I would really appreciate it.

                          Comment


                          • #43
                            ImmortalE--Actually, there's no point in YOU or any of us trying to be specific on this matter, beyond urging her to check with a tax attorney and raising some possible reasons why she might want to do so. Only her attorney and accountant could and should give her the necessary advice.

                            Comment


                            • #44
                              That she should do: contact professional Immigration Attorney and CPA for legal advise.

                              Comment


                              • #45
                                This site is full of B.S.

                                None of you are aware of TAX CODES or IMMIGRATION REGULATIONS to the extent that would allow you to speak on the issue while maintaining some level of credibility.
                                There was very limited information that the poster gave. However, I AM AN ENROLLED AGENT and used to work fro the IRS as a Internal Revenue Agent. So at least I have a better idea of what the laws are than you any day of the week. Apparently, the attorney was sure enough after her returns that there would not be a problem. Besides, USCIS will only look at the last 3 years. If they were filing jointly, whether they included his income or not, immigration will not know, on the IRS will know if the income was reported through the various information returs. After the husband becomes a GC holder would he be required to follow all the laws for filing a tax return.
                                "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

                                Comment

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