IRS filing I-864..no return filed last year..

[CanadianRedneck 8]

I know I've seen the answer to this question, but I can't find it in the forums. My wife did not file a tax return for 2009 because she was a student and didn't make any money. I know someone pointed someone to a form off the IRS website that you can download and present an official IRS form for not having filed for a certain year.

Anyone got that info? Thanks.

[Anh map 2,098]

There is no form to download and present. You may have seen comments from members who have requested proof of non-filing from the IRS.

Reading the I-864 instructions you will see on page 8 what the sponsor needs to provide. (see below)

If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support. If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it. Residence outside of the United States does not exempt U.S. citizens or lawful permanent residents from filing a U.S. Federal income tax return. See "Filing Requirements" in the IRS Form 1040 Filing Instructions to determine whether you were required to file.

[LotofPatience 65]

There is no form to download and present. You may have seen comments from members who have requested proof of non-filing from the IRS.

Reading the I-864 instructions you will see on page 8 what the sponsor needs to provide. (see below)

If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support. If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it. Residence outside of the United States does not exempt U.S. citizens or lawful permanent residents from filing a U.S. Federal income tax return. See "Filing Requirements" in the IRS Form 1040 Filing Instructions to determine whether you were required to file.

[CanadianRedneck 8]

so my wife didn't make any money..as she was in school..so, jsut have her type something up..gotcha.

[LotofPatience 65]

so my wife didn't make any money..as she was in school..so, jsut have her type something up..gotcha.

That's correct - letter of explanation.

In fact even if she made few dollars, she doesn't have to "mandatorily" file the tax. Because there is a min. income earned to file taxes in the U.S which I believe somewhere $18K for MFJ.

Having said this, it is a good idea just to file taxes, because anytime transcripts can be pulled out for any purpose in the future without writing our own explanation.

Loto

[MSR 6]

I know I've seen the answer to this question, but I can't find it in the forums. My wife did not file a tax return for 2009 because she was a student and didn't make any money. I know someone pointed someone to a form off the IRS website that you can download and present an official IRS form for not having filed for a certain year.

Anyone got that info? Thanks.

This is the form you are referring to.

http://www.irs.gov/pub/irs-pdf/f4506t.pdf ( you will put a check mark next to numer 7 ( Verification of Nonfiling )

We got one too for our interview for the year 2009. What you'll get back is a letter from the IRS stating that you request a letter of non filing for the year ........... and that you can consider "this" letter as that letter.

If you fax the request , you will have it back in about a week.

Hope this helps!

[Jen and Geert 4]

I know I've seen the answer to this question, but I can't find it in the forums. My wife did not file a tax return for 2009 because she was a student and didn't make any money. I know someone pointed someone to a form off the IRS website that you can download and present an official IRS form for not having filed for a certain year.

Anyone got that info? Thanks.

I personally filed for a "proof of non filing" for last 3 tax years which can be done through this form (listed as verification of non-filing on the form itself)

http://www.irs.gov/pub/irs-pdf/f4506t.pdf

I also included a writen explination that I didn't work and didn't meet the income requirements to file a tax return.

They might except just the written explination, but I added the extra proof from IRS transcripts just to be safe.

A proof of Nonfiling notes that,(there's no record of a filed form for this SS# and that the document can be used as a proof of non-filing.)

Good luck,

Jen and Geert

Edited November 14, 2010 by Jen and Geert

[Anh map 2,098]

The requirement is that a person proves that they were not required to file. Not that the sponsor did not file a return.

Your wife's letter needs to cite the IRS rule/requirement validating her claim.

[LotofPatience 65]

The requirement is that a person proves that they were not required to file. Not that the sponsor did not file a return.

Your wife's letter needs to cite the IRS rule/requirement validating her claim.