IRS

[MCGCB 3]

Hi everyone!

Pls help on how to file for income tax return. We need to submit it for my Immigrant ViSa requirement. My husband is USC, but he is based here in the Philippines. He started working only last Sept 2013 here, but he never worked in the US. Can he file his taxes in the Philippines? If so, how can he do it? Pls help.

[Udella&Wiz 325]

Do you mean he never worked in the US during 2013? Many Americans are expats and they file their taxes remotely every year. If he has internet access he should be able to do it no problem with Turbotax or another tax program.

[MCGCB 3]

He never worked in the US.

[aaron2020 11,651]

He never worked in the US.

That does not matter.

US citizens and Legal Permanent Residents are required to file US tax returns on their worldwide income even if nothing is earned in the US and there is no tax liability.

Your husband needs to file a PI tax return if he is required.

He also need to file a US tax return if he earned more than the statutory amount requiring a filing.

He needs to file his US tax return or have a statutory excuse from filing because his income does not meet the filing threshold in order to meet the I-864 requirements.

So, no US tax return or no valid excuse not to file means you cannot get a visa even if you Joint Sponsor who meets all the other requirements.

Edited February 22, 2014 by aaron2020

[MCGCB 3]

Thanks! He just started to work on September 2013 here in the Philippines. Thats less that 6 months of work only.Is that a valid reason not to file tax return?

[aaron2020 11,651]

Thanks! He just started to work on September 2013 here in the Philippines. Thats less that 6 months of work only.Is that a valid reason not to file tax return?

No. It doesn't matter how long he has worked. How much he earned in 2013 determines if he has to file. Google "2013 IRS reporting requirement."

[Udella&Wiz 325]

People are just doing their 2013 taxes now so he is by no means late in filing his 2013 tax return. He should go ahead and get it done.

Edited February 22, 2014 by Udella&Wiz

[MCGCB 3]

Thank you for this information. there are some parts that I dont understand though. My husband worked in the Philippines since Sept. 2013. He earned like 500-1000$ a month only. He needs to file the income tax return. Then if the amout that he earned does not meet the statutory amount to file he needs an excuse. Does he needs to go to IRS for them to give them some proof for that? Im not familiar with the IRS process..

[aaron2020 11,651]

Thank you for this information. there are some parts that I dont understand though. My husband worked in the Philippines since Sept. 2013. He earned like 500-1000$ a month only. He needs to file the income tax return. Then if the amout that he earned does not meet the statutory amount to file he needs an excuse. Does he needs to go to IRS for them to give them some proof for that? Im not familiar with the IRS process..

http://www.irs.gov/Individuals/Do-You-Need-to-File-a-Federal-Income-Tax-Return%3F-

Have your husband go through this IRS link to see if he needs to file a US tax return.

If he does not need to file, then he states in the cover letter for the AOS that his income was below the threshold requiring him to file a US tax return.

He does not go to the IRS. The IRS is not going to say that anyone is not required to file. This would prevent them from auditing your husband if they state in a letter his income is below the threshold to file without absolute proof from your husband. They would be stuck with that statement legally even if they later finds out your husband misrepresented his income. (Not saying your husband is doing anything wrong. This is just an explanation as to why the IRS would not give him proof that he is not required to file.)

[MCGCB 3]

Thanks for this advise! You have a very good point.

[Penguin_ie 5,995]

**** Moving from US Citizenship forum to Taxes forum *****

[MCGCB 3]

Thanks for the advise everyone! I reserched in IRS 1040 form instructions and found out that my husband didnt have to file for Federal income tax return YET. So we just write a letter explaining that he is not yet required to file because his income is below the 10,000$ that is required for a single/unmarried citizen who is below 65 yrs old on or before Dec 2013.

[MCGCB 3]

Kindly advise me if we are on the right track. My only basis for saying that he doesnt have to file yet for Federal Income tax return is the Form 1040 instruction of the IRS.

I hope this is enough to show the consular officer why we dont have tax papers from my petitioner.

[KendrickPaula 2]

Thanks for the advise everyone! I reserched in IRS 1040 form instructions and found out that my husband didnt have to file for Federal income tax return YET. So we just write a letter explaining that he is not yet required to file because his income is below the 10,000$ that is required for a single/unmarried citizen who is below 65 yrs old on or before Dec 2013.

hello ive seen the IRS 1040 pdf file.. its kinda long.. do you know what page i can read the part that you're saying because we have the same situation.. my husband worked last 2012 but didnt make enough money.. so he was not required to file. can you tell me what page.. and can you help me out on the letter..

reply asap. thanks