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Bryan in Tokyo

Foreign Income Exclusion: Late filing

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Filed: K-1 Visa Country: Japan
Timeline

Hi guys,

I'm a US Citizen and she's a Japanese Citizen; we were married last month in Tokyo (Aoyama) with plans to move to the US early 2010 via DCF. All things considered and confirmed, the only thing left is the fact that I haven't filed US income taxes for the last 8 years I've been in Japan (I know); my lawyer friends say it is a "technicality" since I do qualify for the "foreign earned income exclusion".

The issue is speed. I want to move over early 2010, so the question is what is the fastest way to obtain proof of late filing for the last 3 years; I'm putting this question out in hopes that some have had experience with this.

Can anyone help?

Thanks! - Bryan

(also posted in DCF forum!)

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Filed: Timeline
Hi guys,

I'm a US Citizen and she's a Japanese Citizen; we were married last month in Tokyo (Aoyama) with plans to move to the US early 2010 via DCF. All things considered and confirmed, the only thing left is the fact that I haven't filed US income taxes for the last 8 years I've been in Japan (I know); my lawyer friends say it is a "technicality" since I do qualify for the "foreign earned income exclusion".

The issue is speed. I want to move over early 2010, so the question is what is the fastest way to obtain proof of late filing for the last 3 years; I'm putting this question out in hopes that some have had experience with this.

Can anyone help?

Thanks! - Bryan

(also posted in DCF forum!)

Why don't you call up the IRS help line. I did foreign earned income exclusion for my wife last year and the first tax preparer I went to didn't even know about the relevant tax codes. So I called up the IRS help line and they help me out a lot with exactly which form and even going over the form line by line with me. They have some specialists who know their stuff but you have to get past the front line operators that help with simple stuff.

But I think there is a limit to how much you can exclude... around $85K. So be careful how you approach this as you may need a lawyer since not filing is still a concern.

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The exclusion amount for 2008 was $87,600. And it would be slightly less each year going back. In 2000 (the first you I take it you didn't file), it was $76,000 Now, if you were at less than that, you are ok, since you would owe no income tax, there would be no interest and penalty considerations. You should be able to have the IRS send you transcripts within 4-6 weeks after they process your delayed returns... you should be ok, but get to work right away. Your returns need to be mailed to the Austin, Tx service center. So there is obviously some postal lag time coming from Japan.

Hi guys,

I'm a US Citizen and she's a Japanese Citizen; we were married last month in Tokyo (Aoyama) with plans to move to the US early 2010 via DCF. All things considered and confirmed, the only thing left is the fact that I haven't filed US income taxes for the last 8 years I've been in Japan (I know); my lawyer friends say it is a "technicality" since I do qualify for the "foreign earned income exclusion".

The issue is speed. I want to move over early 2010, so the question is what is the fastest way to obtain proof of late filing for the last 3 years; I'm putting this question out in hopes that some have had experience with this.

Can anyone help?

Thanks! - Bryan

(also posted in DCF forum!)

Why don't you call up the IRS help line. I did foreign earned income exclusion for my wife last year and the first tax preparer I went to didn't even know about the relevant tax codes. So I called up the IRS help line and they help me out a lot with exactly which form and even going over the form line by line with me. They have some specialists who know their stuff but you have to get past the front line operators that help with simple stuff.

But I think there is a limit to how much you can exclude... around $85K. So be careful how you approach this as you may need a lawyer since not filing is still a concern.

03/12/2007 - Married to my beautiful wife

04/16/2007 - Sent I-130 to VSC via USPS Express Mail

05/12/2007 - NOA1 received by snail mail after a loooong wait

05/14/2007 - Sent I-129F for K3 to Chicago Lockbox via USPS Express Mail

10/22/2007 - I129F APPROVED (161 days), I130 APPROVED (188 days)

11/08/2007 - I129F received at NVC, embassy case number generated.

11/13/2007 - I129F forwarded to embassy.

11/18/2007 - 129F petition received at embassy

01/09/2008 - finally, DOS gives me the interview date, April 16, 2007 (ouch)

01/23/2008 - never got packet 4, emailed embassy

04/11/2008 - picked up packet 4, did medical

04/14/2008 - medical report pickup, no problems

04/16/2008 - interview date- APPROVED!!!!!

04/18/2008 - both of us are home at last, POE JFK!

05/21/2008 - sent AOS and EAD

05/27/2008 - received NOA1 for AOS and for EAD

06/02/2008 - received Biometrics appt letter

06/19/2008 - Biometrics appointment scheduled - DONE

06/19/2008 - both AOS and EAD touched because of biometrics

07/29/2008 - EAD approved.

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06/22/2009 - Green Card received

04/09/2012 - Applied for Citizenship by Express Mailing N400 to NBC

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