Income tax returns

[kg8183 1]

Hello,

I am currently preparing to apply for citizenship and wanted to go through my income tax returns to make sure that they are in order.

FYI, I got married in January 2010 and in February 2010 my husband who was an international student in the US left for his home country after he completed his studies here. He did not work and did not earn any income in 2010 in the US.

My guess was that the "Filling Status" should have been "Married applying separately". But the accountant has checked "Single" even after I had told him that I was married but my husband was not in the country.

How big of a problem is this when they call me for citizenship interview?

Can I apply to IRS to have it changed?

Thank you

[OKflyboy 35]

I take it you're applying based on 5 years of residency, not marriage, right? Then it shouldn't matter, as long as you paid your taxes properly.

[kg8183 1]

I take it you're applying based on 5 years of residency, not marriage, right? Then it shouldn't matter, as long as you paid your taxes properly.

Yes, I am applying based on 5 years of residency.

[nwctzn 55]

Hello,

I am currently preparing to apply for citizenship and wanted to go through my income tax returns to make sure that they are in order.

FYI, I got married in January 2010 and in February 2010 my husband who was an international student in the US left for his home country after he completed his studies here. He did not work and did not earn any income in 2010 in the US.

My guess was that the "Filling Status" should have been "Married applying separately". But the accountant has checked "Single" even after I had told him that I was married but my husband was not in the country.

How big of a problem is this when they call me for citizenship interview?

Can I apply to IRS to have it changed?

Thank you

Should not be a problem. I assume your accountant did that since your husband was not living with you and had no US income; so for taxation purposes your accountant might have considered you "single" (the withholding is less). As long as you have been paying your taxes, you are OK.

[sib 7]

Your taxes were filed wrong. You are considered married if you are not legally seperated by a divorce or seperation decree at the end of the year you are filing taxes for.

So you had to file married either jointly if you treat your non-resident alien spouse as resident, but then you also have to include his income (which then can be excluded again because it is foreign income) or you had to file married seperate, but never single.

You still can amend the tax return to have it properly filed. I would go back to the person who did the return and have him amend the return to file it properly at no charge!

This is from IRS:

Here are eight facts about the five filing status options the IRS wants you to know so that you can choose the best option for your situation.

Your marital status on the last day of the year determines your marital status for the entire year.

If more than one filing status applies to you, choose the one that gives you the lowest tax obligation.

Single filing status generally applies to anyone who is unmarried, divorced or legally separated according to state law.

A married couple may file a joint return together. The couple’s filing status would be Married Filing Jointly.

If your spouse died during the year and you did not remarry during 2010, usually you may still file a joint return with that spouse for the year of death.

A married couple may elect to file their returns separately. Each person’s filing status would generally be Married Filing Separately.

Head of Household generally applies to taxpayers who are unmarried. You must also have paid more than half the cost of maintaining a home for you and a qualifying person to qualify for this filing status.

You may be able to choose Qualifying Widow(er) with Dependent Child as your filing status if your spouse died during 2008 or 2009, you have a dependent child and you meet certain other conditions.

If you ever want to file for your husband to get LPR it is important that your taxes are filed married!

Sib

[nwctzn 55]

Your taxes were filed wrong. You are considered married if you are not legally seperated by a divorce or seperation decree at the end of the year you are filing taxes for.

So you had to file married either jointly if you treat your non-resident alien spouse as resident, but then you also have to include his income (which then can be excluded again because it is foreign income) or you had to file married seperate, but never single.

You still can amend the tax return to have it properly filed. I would go back to the person who did the return and have him amend the return to file it properly at no charge!

This is from IRS:

Here are eight facts about the five filing status options the IRS wants you to know so that you can choose the best option for your situation.

Your marital status on the last day of the year determines your marital status for the entire year.

If more than one filing status applies to you, choose the one that gives you the lowest tax obligation.

Single filing status generally applies to anyone who is unmarried, divorced or legally separated according to state law.

A married couple may file a joint return together. The couple’s filing status would be Married Filing Jointly.

If your spouse died during the year and you did not remarry during 2010, usually you may still file a joint return with that spouse for the year of death.

A married couple may elect to file their returns separately. Each person’s filing status would generally be Married Filing Separately.

Head of Household generally applies to taxpayers who are unmarried. You must also have paid more than half the cost of maintaining a home for you and a qualifying person to qualify for this filing status.

You may be able to choose Qualifying Widow(er) with Dependent Child as your filing status if your spouse died during 2008 or 2009, you have a dependent child and you meet certain other conditions.

If you ever want to file for your husband to get LPR it is important that your taxes are filed married!

Sib

Yes, looks like Sib is right. Please ignore my previous post and consult with your accountant to amend your previous returns. Also check the IRS website and their documentation what to do if you are having a non-resident spouse living outside the country.

[kg8183 1]

Your taxes were filed wrong. You are considered married if you are not legally seperated by a divorce or seperation decree at the end of the year you are filing taxes for.

So you had to file married either jointly if you treat your non-resident alien spouse as resident, but then you also have to include his income (which then can be excluded again because it is foreign income) or you had to file married seperate, but never single.

You still can amend the tax return to have it properly filed. I would go back to the person who did the return and have him amend the return to file it properly at no charge!

This is from IRS:

Here are eight facts about the five filing status options the IRS wants you to know so that you can choose the best option for your situation.

Your marital status on the last day of the year determines your marital status for the entire year.

If more than one filing status applies to you, choose the one that gives you the lowest tax obligation.

Single filing status generally applies to anyone who is unmarried, divorced or legally separated according to state law.

A married couple may file a joint return together. The couple’s filing status would be Married Filing Jointly.

If your spouse died during the year and you did not remarry during 2010, usually you may still file a joint return with that spouse for the year of death.

A married couple may elect to file their returns separately. Each person’s filing status would generally be Married Filing Separately.

Head of Household generally applies to taxpayers who are unmarried. You must also have paid more than half the cost of maintaining a home for you and a qualifying person to qualify for this filing status.

You may be able to choose Qualifying Widow(er) with Dependent Child as your filing status if your spouse died during 2008 or 2009, you have a dependent child and you meet certain other conditions.

If you ever want to file for your husband to get LPR it is important that your taxes are filed married!

Sib

I will certainly be amending my 2010 taxes. The question is, can I go ahead and submit my n400 now? I really don't want to amend and wait until I hear back from IRS to submit my n400.

[sib 7]

I would go ahead and apply now. Just submit the taxes you have and in your cover letter explain that they were filed wrongly (filing status) and that you are in the process of amending them, so they reflect the correct filing status.

For your interview just take the transcript of the amended one with you.

This should not be a big deal for naturalization, I thought more about if you want to sponsor your husband and you did not file married! Most likely the amount of taxes will not change anyway.

Wishing you a speedy journey.

Sib

[TinTin and Samby 11]

I would go ahead and apply now. Just submit the taxes you have and in your cover letter explain that they were filed wrongly (filing status) and that you are in the process of amending them, so they reflect the correct filing status.

For your interview just take the transcript of the amended one with you.

This should not be a big deal for naturalization, I thought more about if you want to sponsor your husband and you did not file married! Most likely the amount of taxes will not change anyway.

Wishing you a speedy journey.

Sib

Kudos to Sib who points out very accurately that the filing of "Single" was in error and MUST be corrected.

I am not sure I personally would agree with this second advise of going ahead and filing the N400 with a letter of explanation. From my point of view, the more little "hiccups" that you give the Government, the more ammunition they have to make Big Deals Out of Nothing. If it were me, I would file the amended tax return and then submit a copy with the initial N400 application - thereby eliminating any need to "explain" anything regarding this matter.

Warm Regards,

Samby

[kg8183 1]

Kudos to Sib who points out very accurately that the filing of "Single" was in error and MUST be corrected.

I am not sure I personally would agree with this second advise of going ahead and filing the N400 with a letter of explanation. From my point of view, the more little "hiccups" that you give the Government, the more ammunition they have to make Big Deals Out of Nothing. If it were me, I would file the amended tax return and then submit a copy with the initial N400 application - thereby eliminating any need to "explain" anything regarding this matter.

Warm Regards,

Samby

Thank you. Per my understanding, one is not required to submit the tax returns with the N-400 application and only brings those to the interview. Are you suggesting to submit the amended tax returns with N-400 so that the USCIS is aware of the changes so there is no surprises during the interview and throughout the naturalization process?

Thank you

[kg8183 1]

I would go ahead and apply now. Just submit the taxes you have and in your cover letter explain that they were filed wrongly (filing status) and that you are in the process of amending them, so they reflect the correct filing status.

For your interview just take the transcript of the amended one with you.

This should not be a big deal for naturalization, I thought more about if you want to sponsor your husband and you did not file married! Most likely the amount of taxes will not change anyway.

Wishing you a speedy journey.

Sib

Thank you for your reply.

[NickD 202]

Over 60% of Americans pay someone to fill out their tax forms, and in reality, the IRS does not certify these so-called accountants, but did publish this. From http://www.irs.gov/newsroom/article/0,,id=120129,00.html

"

Points to Keep in Mind When Choosing A Tax Preparer

IRS Tax Tip 2011-06, January 10, 2011

If you pay someone to prepare your tax return, the IRS urges you to choose that preparer wisely. Taxpayers are legally responsible for what’s on their tax return even if it is prepared by someone else. So, it is important to choose carefully when hiring an individual or firm to prepare your return. Most return preparers are professional, honest and provide excellent service to their clients.

Here are a few points to keep in mind when choosing someone else to prepare your return:

1. Check the person’s qualifications. Ask if the preparer is affiliated with a professional organization that provides its members with continuing education and resources and holds them to a code of ethics.New regulations require all paid tax return preparers including attorneys, CPAs and enrolled agents to apply for a Preparer Tax Identification Number — even if they already have one — before preparing any federal tax returns in 2011.
2. Check on the preparer’s history. Check to see if the preparer has a questionable history with the Better Business Bureau and check for any disciplinary actions and licensure status through the state boards of accountancy for certified public accountants; the state bar associations for attorneys; and the IRS Office of Professional Responsibility for enrolled agents.
3. Find out about their service fees. Avoid preparers who base their fee on a percentage of your refund or those who claim they can obtain larger refunds than other preparers.
4. Make sure the tax preparer is accessible.Make sure you will be able to contact the tax preparer after the return has been filed, even after the April due date, in case questions arise.
5. Provide all records and receipts needed to prepare your return. Most reputable preparers will request to see your records and receipts and will ask you multiple questions to determine your total income and your qualifications for expenses, deductions and other items.
6. Never sign a blank return. Avoid tax preparers that ask you to sign a blank tax form.
7. Review the entire return before signing it.Before you sign your tax return, review it and ask questions. Make sure you understand everything and are comfortable with the accuracy of the return before you sign it.
8. Make sure the preparer signs the form and includes their PTIN.A paid preparer must sign the return and include their PTIN as required by law. Although the preparer signs the return, you are responsible for the accuracy of every item on your return.The preparer must also give you a copy of the return.

You can report abusive tax preparers and suspected tax fraud to the IRS on Form 3949-A, Information Referral or by sending a letter to Internal Revenue Service, Fresno, CA 93888. Download Form 3949-A from http://www.irs.gov or order by mail at 800-TAX-FORM (800-829-3676).

Links:

• Form 3949-A Information Referral (PDF 94K)

• The Office of Professional Responsibility (OPR)

• Where Do You Report Suspected Fraud Activity?"

In individual court cases, the court generally rules in favor of the tax accountant, because it was you that read over and signed the form. You knew that wasn't correct and should have never of signed. So really doubt if you can claim liability against your tax attorney. Could however report him/her to one of those above sites.

Was really shocked in a tax audit how much information the IRS had on me, bank accounts, credit card statements, all purchases, everything is done on computers today. Maybe no bad for meeting that very special person, but sure can add misery with the IRS. Hell, with marriage, why doesn't the USCIS just contact the IRS, its all there! But its their game to catch you on a lie on your application, they already know everything about you.

My first comment to the IRS agents, why do you put me through all this misery, you already have all the information, just send me the bill!

My error was choosing the wrong out of 1,025 forms the IRS has printed, wasn't fined or anything like that, the numbers were correct and the form I did use was filled out correctly. But 1,025 forms to choose from! They have to be kidding. You think the USCIS is redundant, check out the IRS!

Just a couple of more months, hate that with a passion, have to spend over two long weeks with long hours to collect money for the state and federal government, and on my own time. What I really like to do is to take them to court for charging me for services that I have never received. But would go over like a lead balloon, that judge is getting his paycheck from my and your taxes. Talk about justice. Just bend over and learn to smile while getting it.

Would report your tax accountant.

[TinTin and Samby 11]

Thank you. Per my understanding, one is not required to submit the tax returns with the N-400 application and only brings those to the interview. Are you suggesting to submit the amended tax returns with N-400 so that the USCIS is aware of the changes so there is no surprises during the interview and throughout the naturalization process?

Thank you

What I am suggesting is that you file the amended tax return with the IRS first. Then after it has been processed by the IRS, you submit your N400 application - as you state, no need to submit tax returns with application - and also no need to explain anything as the situation would have already been corrected and if/when the US Government looks into any tax information for you, it will find everything in order.

Warm Regards,

Samby