Can I travel to the US safely after failing to file taxes the year after my H1B visa ended?

[antimonio 0]

Hello.

In the past I worked in the US, from Sept 2007 to December 2008. In December 2008 I was laid off, and had to return to my home country.

In spring of 2009, I was still looking for a job in Europe, so I completely forgot about filing taxes about the year 2008.

So, my questions are:

a) What consequences this has? As I wasn't living in the US, I guess the IRS tried to notify me of not filing taxes in due time, but couldn't contact me officially.

b) I'm afraid that I could not even visit the US in a tourist visa, is this correct?

c) In case my worst fears are true, is there a possibility to fix this situation?

I'm especially interested in question c), regardless if my fears are true or not, just in case in the future I manage to get employed again in the US via H1B visa.

Thanks

Edited July 2, 2013 by antimonio

[NigeriaorBust 4,087]

Are you a USC ? Are you ( were you ) a green card holder that had intent to retain the green card ?

[Penguin_ie 5,993]

1. Nothing while you are outside the USA.

2. Do you currently hold a tourist visa? If so, you can likely still use it, as long as you don't do anything in the USA requiring a credit check such as renting a car or home. If you don't currently hold a tourist, it may affect your application but I am not sure.

3. Back file taxes. I know for US citizens, this is quite easy even years later, I would imagine H1B holders can too.

[Harsh_77 718]

You might be ok since you worked less than a year.

[Owen_London 65]

You might be ok since you worked less than a year.

He worked for about 15 months.

[Harsh_77 718]

He worked for about 15 months.

Thanks for correcting me, I misread the OP.

[antimonio 0]

Are you a USC ?

Are you ( were you ) a green card holder that had intent to retain the green card ?

USC means US citizen? Then, no, obviously I'm not a US citizen, as I said I worked with an H1B visa. I'm a European citizen.

To your second question: no, I've never been interested in the green card and will never be.

1. Nothing while you are outside the USA.

2. Do you currently hold a tourist visa? If so, you can likely still use it, as long as you don't do anything in the USA requiring a credit check such as renting a car or home. If you don't currently hold a tourist, it may affect your application but I am not sure.

3. Back file taxes. I know for US citizens, this is quite easy even years later, I would imagine H1B holders can too.

1. I guessed that

2. I don't hold it. But I may want to visit the US at some point (under a tourist visa obviously, which I can request via internet and normally I get it accepted in minutes).

3. How can I do this?

[Penguin_ie 5,993]

Oh you are from a visa waiver country? If so you won't need a tourist visa, ESTA is easy and afaik, does not ask about back taxes.

I am no expert on how to file any taxes- my husband does that This may help: http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Haven't-Filed-an-Income-Tax-Return%3F-Here's-What-to-Do

[Morningmist 76]

Call them up? As long as you sound contrite and willing to co-operate, they will guide you where you went wrong . Be aware that they are BIG, bulky and slow to respond when you are out of the country.

[himher 634]

Back-filing taxes is easy but you need to contact your former employer and get a copy of your W2 from them.

If you paid enough taxes while you are working to be due a refund then the IRS wouldn't care anyway. I discovered in 2008 that there is no actual penalty spelled out for not filing/filing late UNLESS you OWE taxes for that tax year. I had to wait until very late in the year until my wife received her SS number to file taxes but since we were due a refund I was advised that it would not matter.

My adviser was correct. It did not and everything processed through as if they had been filed normally and I found out later on the IRS website that I had up to 3 years to get my refund but otherwise there was no penalty had I never filed that year.

http://www.irs.gov/uac/Failure-to-File-or-Pay-Penalties:-Eight-Facts

The penalty for filing late is usually 5 percent of the unpaid taxes for each month or part of a month that a return is late. This penalty will not exceed 25 percent of your unpaid taxes.

http://www.irs.gov/taxtopics/tc153.html

There is no penalty for failure to file if you are due a refund. But, if you wait to file a return or otherwise claim a refund, you risk losing a refund altogether. An original return claiming a refund must be filed within 3 years of its due date for a refund to be allowed in most instances.

Edited July 6, 2013 by himher