Taxes and citizenship

[teddy000 0]

I am ready to file for citizenship. There's a question on n400 that asks have you ever failed to file federal taxes. When I was here on student visa, I did work under the table and did not file taxes. When we applied for k3 I did mention about that job. What should my and to that question be? I am nervous

[Lisel N Javier 3]

When you say under the table .. you mean that they paid you cash ??? if is so you dont have to do taxes for that unless you file for them. So i think is ok to mention about the job . If they ask you for more information write a letter saying that it was on your own and that you dont have any check or payments recors because they pay you cash.

[I AM NOT THAT GUY 5,715]

I am ready to file for citizenship. There's a question on n400 that asks have you ever failed to file federal taxes. When I was here on student visa, I did work under the table and did not file taxes. When we applied for k3 I did mention about that job. What should my and to that question be? I am nervous

Did you report the income to the IRS? If no, then you answer "yes", you failed to file an income tax return for that income. You need to square that away before you can apply for citizenship. You can go to IRS.gov to get the tax forms for the years you did not file when you were required to do so.

[Harpa Timsah 13,258]

When you say under the table .. you mean that they paid you cash ??? if is so you dont have to do taxes for that unless you file for them. So i think is ok to mention about the job . If they ask you for more information write a letter saying that it was on your own and that you dont have any check or payments recors because they pay you cash.

Payments in cash are not exempt from taxes.

[Lisel N Javier 3]

Payments in cash are not exempt from taxes.

Yes , that was what i was trying to tell , but some people do report that they work on their own ..

[teddy000 0]

So if I settle those taxes with the IRS, I will not be denied citizenship?

Can I just take care of my taxes first and then send my package? In that case, can I check no to the question?

[teddy000 0]

I was not even continuously employed. I went in whenever I wad called in. Please help me

I worked for a few months and went back to india. I came back 4 years later on a k3

[I AM NOT THAT GUY 5,715]

I was not even continuously employed. I went in whenever I wad called in. Please help me

I worked for a few months and went back to india. I came back 4 years later on a k3

There is a statute of limitations, and if you made below a certain amount, you may not have owed any income taxes* at all. But you did mention the job to the USCIS already, and whether or not that catches up with you, depends on whether anyone reviewing your file puts it all together and makes that an issue.

To cover yourself, you can visit your local IRS office, or talk to an independent tax adviser, with the best estimate of how much you earned, and get something in writing as to what your tax obligations are, if any, and you can add that as evidence to your N-400 application. If they decide you do owe back taxes, you would have to either pay them, or show you are current with an IRS installment agreement at interview time.

* Besides income taxes, there is also FICA and Medicare Taxes, as well as any state or local taxes on income. I know for a fact, California is relentless in collecting back taxes, even when the IRS has let them fall off the books.

Edited February 20, 2012 by ☼

[nwctzn 55]

I am ready to file for citizenship. There's a question on n400 that asks have you ever failed to file federal taxes. When I was here on student visa, I did work under the table and did not file taxes. When we applied for k3 I did mention about that job. What should my and to that question be? I am nervous

The question asks if you have failed to file taxes since you became a legal permanent resident. You can answer No to that since you filed all the years after becoming a PR. So you are fine with that question.

However, you worked illegally while on an F1 student visa and you mentioned it on the k3 and as far as I understand, there was no problem with that.

[I AM NOT THAT GUY 5,715]

The question asks if you have failed to file taxes since you became a legal permanent resident. You can answer No to that since you filed all the years after becoming a PR. So you are fine with that question.

However, you worked illegally while on an F1 student visa and you mentioned it on the k3 and as far as I understand, there was no problem with that.

That takes care of 10.A.4. What about question 5: Do you owe any Federal, state, or local taxes that are overdue?

[nwctzn 55]

That takes care of 10.A.4. What about question 5: Do you owe any Federal, state, or local taxes that are overdue?

Good point. For some reason I thought that Question 5 also applies only to your time as PR, but looks like I am wrong. What do you think?

Edited February 20, 2012 by nwctzn

[teddy000 0]

So I am busted, is that right? god, please help me.

[teddy000 0]

Good point. For some reason I thought that Question 5 also applies only to your time as PR, but looks like I am wrong. What do you think?

Got this from another forum

Quote Originally Posted by fruitybar View Post

How about question 5 that asks Do you owe any taxes that are overdue?

Response from a user

The question means 'Has the IRS determined that you owe taxes and are you in arrears of payment of said taxes.' In other words, have you received a notice from the IRS that you owe back taxes of such and such AND you have not paid them? If no (which i suspect), then you have nothing to worry about and answer to Q#5 is NO.

What do you think? Do I need a lawyer?

[I AM NOT THAT GUY 5,715]

So I am busted, is that right? god, please help me.

Probably not, but be prepared with an answer in case the issue comes up. At San Francisco, we had the same IO for both AOS and Citizenship, and he remembered us when we showed up the second time.

And don't forget, 99% of us here answering questions are just amateurs, no matter how confident we seem with our answers.

[englishbunny 1]

I would have a consultation with an accountant or maybe a lawyer. It's better to be safe than sorry and like a PP has said - we're not experts!