Pretty obvious mistakes on my recent US Tax forms, needed for AOS. Does it matter?

[bananite 67]

Hi all,

Since I have to include my past 3 tax returns in my AOS packet, I'm a bit worried because there are mistakes. I didn't make them intentionally - I just didn't really know what to do (it was my first year at this job in another country) and made my best guess on what I was supposed to put down as my actual "income"on the form. The next year, I figured that number in a different way, because I thought it was more accurate. It's different for both years, and I wonder if it will throw up red flags.

More details:

I get paid in a weird way. I am a a temporary contract worker at an international lab, and either my boss remembers to allocate my monthly income, or I remind him.

Well, my income is supposed to be 80K/year (in a foreign currency), paid in monthly installments. However, I usually have to remind him to pay me several months after I earn it, and so in 2012, I was only paid 60K during the year, as it said on the tax form I got from the institution. I figured this paper was only for internal purposes, and that the info that the IRS wants is my actual income (even though it wasn't paid exactly in the year), so I put 80K.

The next year, I realized that the form given to me by my employer WAS for tax purposes, and that I should probably use it in my tax forms - so I did. I figured it would be helpful to be able to prove that I actually am employed by this European institution and have a piece of paper saying "yes, she got paid this much this year" rather than just putting numbers on a paper without any W2 or anything like that to back it up.

TL;DR -

So I have what looks like 80K in 2012, and 60K in 2013. I'm not sure which is correct, but it means one is wrong, and I don't know if they're going to ask questions about it. I don't know if this will affect the visa application, or if I should explain it on the cover letter, or just not mention it at all. I'm also kind of afraid I'll get audited, and though I did my taxes honestly and to the best of my ability, I'm scared that there's some unknown loophole that is going to screw me over.

I should mention that it doesn't really matter if I made 60K or 80K - I still qualify for the foreign income exclusion either way and pay nothing because I live overseas.

Cheers and thanks for any advice.

Edited August 26, 2014 by bananite

[AudreyND 14]

You should get your tax amended with the IRS. It's pretty easy to do, and this way you will not run into issues. Keep a proof that you did amend the years needing it.

http://www.irs.gov/uac/Newsroom/IRS-Offers-Tips-on-How-to-Amend-Your-Tax-Return

[bananite 67]

Hi Audreynd, thanks. Do you know approximately how long it would take to get them amended?

[bananite 67]

> Processing time. Normal processing time for amended returns is 8 to 12 weeks.

I really, really don't want to add another 2-3 months to my visa wait for this...

[bananite 67]

I just read something else on the IRS website - http://www.irs.gov/Help-&-Resources/Tools-&-FAQs/FAQs-for-Individuals/Frequently-Asked-Tax-Questions-&-Answers/IRS-Procedures/Amended-Returns-&-Form-1040X/Amended-Returns-&-Form-1040X

Question: What should I do if I made a mistake on my federal return that I have already filed? Answer:

It depends on the type of mistake that you made:

• Many mathematical errors are caught in the processing of the tax return itself so you may not need to correct these mistakes.
• If you did not attach a required schedule, the IRS will contact you and ask for the missing information.
• If you did not report all of your income or did not claim a credit, you should file an amended or corrected return using Form 1040X (PDF), Amended U.S. Individual Income Tax Return.

This is the important bit - "if you did not report all of your income." In fact, I OVER-reported my income, that I received 20K more than I did. So I'm not sure that I even have to file an amended return? The numbers themselves don't matter for these purposes - I don't have to pay any taxes either way, and either way I'm well above the poverty line, enough to support both my spouse and me on the AOS form.

So maybe I don't have to file an amended return at all?