n400 and being a dependent on taxes

[agrzybianek 34]

in 2008/2009 I was a dependent under my parents so I was on their taxes. when I am filing my N400 form I have to check "yes" on the question asking if I have ever not filed my taxes since getting my green card and attach my explanation correct? I read somewhere that if you are a dependent you technically didn't file and have to tick yes.

 

[agrzybianek 34]

*bump* anyone?

[Bugs 455]

If you did not file income taxes, you have to answer yes to the question, even if you were not required to file.  An explanation sheet will clear this up.

[agrzybianek 34]

1 hour ago, Bugs said:

If you did not file income taxes, you have to answer yes to the question, even if you were not required to file.  An explanation sheet will clear this up.

thanks for your reply, If i am claimed as a dependent that does not count as me filing does it? 

[Bugs 455]

5 minutes ago, agrzybianek said:

thanks for your reply, If i am claimed as a dependent that does not count as me filing does it? 

Correct.  It just means they filed and claimed you as a dependent.  YOU did not file, so you have to state so, and explain that you were a dependent and did not earn above the threshold requirement for filing that year.

[agrzybianek 34]

Just now, Bugs said:

Correct.  It just means they filed and claimed you as a dependent.  YOU did not file, so you have to state so, and explain that you were a dependent and did not earn above the threshold requirement for filing that year.

ok, last question. for the years 2011, 2012, 2013 I was claimed as a dependent and I Have filed my own 1040EZ. how should I explain that? I was claimed as a dependent under my parents, filed my own tax return as well at the same time but I still made below the required amount to HAVE to file. I believe I filed because I would get a refund for those years I can't remember 100%

thank you

[Bugs 455]

2 minutes ago, agrzybianek said:

ok, last question. for the years 2011, 2012, 2013 I was claimed as a dependent and I Have filed my own 1040EZ. how should I explain that? I was claimed as a dependent under my parents, filed my own tax return as well at the same time but I still made below the required amount to HAVE to file. I believe I filed because I would get a refund for those years I can't remember 100%

thank you

Filing even though you didn't have to is not something that you are disallowed to do, so they don't care about that.  You don't have to mention anything about those years because you filed, other than that you filed. 

 

Do provide tax return transcripts and be honest about 2009/2009 and they will figure the rest out, and it shouldn't be an issue, because it isn't.  You didn't do anything wrong during any of those years as far as your taxes are concerned.

[agrzybianek 34]

1 minute ago, Bugs said:

Filing even though you didn't have to is not something that you are disallowed to do, so they don't care about that.  You don't have to mention anything about those years because you filed, other than that you filed. 

 

Do provide tax return transcripts and be honest about 2009/2009 and they will figure the rest out, and it shouldn't be an issue, because it isn't.  You didn't do anything wrong during any of those years as far as your taxes are concerned.

Now that we are looking at the returns and after speaking with our tax accountant apparently I was a dependent during 2008, 2009, 2010, 2011, 2012, 2013, 2014

i have filed taxes myself (1040ez) as well during 2011, 2012, 2013. (Didnt know you can be claimed as a dependent and file yourself at the same time but apparently you can) I have definitely not filed myself during 2008, 2009 and 2014. 2015 and 2016 my wife and I filed jointly. Sorry this is very confusing but I'm losing sleep over this right now trying to word the attachment letter properly  

[Bugs 455]

1 minute ago, agrzybianek said:

Now that we are looking at the returns and after speaking with our tax accountant apparently I was a dependent during 2008, 2009, 2010, 2011, 2012, 2013, 2014

i have filed taxes myself (1040ez) as well during 2011, 2012, 2013. (Didnt know you can be claimed as a dependent and file yourself at the same time but apparently you can) I have definitely not filed myself during 2008, 2009 and 2014. 2015 and 2016 my wife and I filed jointly. Sorry this is very confusing but I'm losing sleep over this right now trying to word the attachment letter properly  

Dear USCIS,

 

I did not file taxes during the tax years 2008, 2009, and 2014 because I was not required to due to being claimed as a dependent by [enter person(s) here] and not earning above the minimum requirement for filing each of those years.  I did file all other years as a legal permanent resident, and have included tax return transcripts for those years.

 

Pretty straighforward.  You can be a little more detailed if you like, but that would be the gist of your explanation letter.

[agrzybianek 34]

Just now, Bugs said:

Dear USCIS,

 

I did not file taxes during the tax years 2008, 2009, and 2014 because I was not required to due to being claimed as a dependent by [enter person(s) here] and not earning above the minimum requirement for filing each of those years.  I did file all other years as a legal permanent resident, and have included tax return transcripts for those years.

 

Pretty straighforward.  You can be a little more detailed if you like, but that would be the gist of your explanation letter.

That looks great thank you!

do you know anything about being claimed as a dependent and still being able to file yourself?

[Bugs 455]

And yes, you can still file even though you are claimed as a dependent and don't make the minimum.

1 minute ago, agrzybianek said:

That looks great thank you!

do you know anything about being claimed as a dependent and still being able to file yourself?

Yes, although the only reason to would be to get a refund.  And you have to file if you want that refund.

[agrzybianek 34]

Just now, Bugs said:

And yes, you can still file even though you are claimed as a dependent and don't make the minimum.

Great! That's a huge load off of my mind thank you so much! Should I mention on the letter that I was a dependent for the years that I filed as well or just leave it at 2008, 2009 and 2014?

[Bugs 455]

2 minutes ago, agrzybianek said:

Great! That's a huge load off of my mind thank you so much! Should I mention on the letter that I was a dependent for the years that I filed as well or just leave it at 2008, 2009 and 2014?

I personally would just leave it alone.  They can look at the tax return transcripts if they want those details, if they care.

[agrzybianek 34]

6 minutes ago, Bugs said:

I personally would just leave it alone.  They can look at the tax return transcripts if they want those details, if they care.

Should I bring account transcripts with me just in case? Account transcripts to back to 2012 and my wage & income transcripts go back to 2008 I have my own returns for 2011, 2012, 2013, 2015, 2016 my parents have 2008, 2009, 2010 so I would have to take theirs with me to show I was a dependent

Edited June 23, 2017 by agrzybianek

[Bugs 455]

18 minutes ago, agrzybianek said:

Should I bring account transcripts with me just in case? Account transcripts to back to 2012 and my wage & income transcripts go back to 2008 I have my own returns for 2011, 2012, 2013, 2015, 2016 my parents have 2008, 2009, 2010 so I would have to take theirs with me to show I was a dependent

Mail your account transcripts with your application, and, as I always advise, bring copies of everything you mail in, including the filled out N-400, to the interview.  So, in short, yes, bring these.  You can attach the parent return transcripts to your explanation letter if you want to be thorough.