Proof needed for not filing taxes!

[Dakine 26]

My friend has lived in the Philipines for many years and is doing DCF as it's getting a bit "to hot" [bad guys] for him and his family.

He hasn't filed ITRs for years as his income is tax free from military disabilty [Ex chopper pilot].

He is over Min. Poverty guidelines for him and his family and already has etablished Domicile in the US.

What kind of proof will he have to get to satisfy USCIS showing why he didn't file ITRs?

Thanks in advance!

Edited June 14, 2007 by beckypua

[kitkat1 5]

My friend has lived in the Philipines for many years and is doing DCF as it's getting a bit "to hot" [bad guys] for him and his family.

He hasn't filed ITRs for years as his income is tax free from military disabilty [Ex chopper pilot].

He is over Min. Poverty guidelines for him and his family and already has etablished Domicile in the US.

What kind of proof will he have to get to satisfy USCIS showing why he didn't file ITRs?

Thanks in advance!

All USCs are required to file tax returns unless their income is below the cut-off (around $400 annuallyif I remember correctly) whether their income is tax free or not, whether they owe taxes or not or whether they made money in the US or outside the US. "U.S. citizens and residents who realize gross income in excess of a specified amount (adjusted annually for inflation) are required by law to file Federal income tax returns (and pay remaining income taxes if applicable)".

If his situation is somehow different (seems unlikely) he would probably have to contact the military regarding how to provide proof of this.

Edited June 15, 2007 by kitkat1

[Rings 10]

most people can file back tax returns and pay a penalty and should be fine. He will likely have to do this, but at least there is a solution to it.

[homesick_american 1]

most people can file back tax returns and pay a penalty and should be fine. He will likely have to do this, but at least there is a solution to it.

Penalties with interest are due if you owe them money. If you owe them nothing, there's almost never a penalty.

[john_and_marlene 162]

My friend has lived in the Philipines for many years and is doing DCF as it's getting a bit "to hot" [bad guys] for him and his family.

He hasn't filed ITRs for years as his income is tax free from military disabilty [Ex chopper pilot].

He is over Min. Poverty guidelines for him and his family and already has etablished Domicile in the US.

What kind of proof will he have to get to satisfy USCIS showing why he didn't file ITRs?

Thanks in advance!

All USCs are required to file tax returns unless their income is below the cut-off (around $400 annuallyif I remember correctly) whether their income is tax free or not, whether they owe taxes or not or whether they made money in the US or outside the US. "U.S. citizens and residents who realize gross income in excess of a specified amount (adjusted annually for inflation) are required by law to file Federal income tax returns (and pay remaining income taxes if applicable)".

If his situation is somehow different (seems unlikely) he would probably have to contact the military regarding how to provide proof of this.

You should really check the tax instructions before making this kind of statement. First, the cutoffs for filing taxes vary depending on filing status and age (under/over 65) and even the lowest amount is well over $400. Second, military disability income is not included in gross income and is not taxed and does not figure into the determination of minimum filing requirements. It appears that his taxable income is $0.

[Dakine 26]

Thanks for the replies ! However I still can't figure out for sure if you are required to file if you have Zero taxable income!

Thanks again!

I think the I-864 says to write a letter explaining why you didn't have to file if you didn't do so!

There may be cases when it's OK not to have filed!

[Chica Yeyé 41]

Thanks for the replies ! However I still can't figure out for sure if you are required to file if you have Zero taxable income!

Thanks again!

I think the I-864 says to write a letter explaining why you didn't have to file if you didn't do so!

There may be cases when it's OK not to have filed!

Becky,

Even if you make zero bucks, you are required to file. We had to file my husband's late returns - he is a foreign grad student in Canada with a laughable income and had no clue he was under obligation to file. - yet we did as soon as we found out. So no, it's not OK not to file; though there are cases in which the IRS may exempt you (i.e. tax treaties): check with a tax expert just to be sure and not get your friend into trouble (BIG) with both the DoS and the IRS.

indeed, you can attach a letter indicating why you didn't file, but this does not mean you don't have to.- I believe the form says "file all late returns AND attach letter etc."

Best of luck L.

[john_and_marlene 162]

Thanks for the replies ! However I still can't figure out for sure if you are required to file if you have Zero taxable income!

Thanks again!

I think the I-864 says to write a letter explaining why you didn't have to file if you didn't do so!

There may be cases when it's OK not to have filed!

Becky,

Even if you make zero bucks, you are required to file. We had to file my husband's late returns - he is a foreign grad student in Canada with a laughable income and had no clue he was under obligation to file. - yet we did as soon as we found out. So no, it's not OK not to file; though there are cases in which the IRS may exempt you (i.e. tax treaties): check with a tax expert just to be sure and not get your friend into trouble (BIG) with both the DoS and the IRS.

indeed, you can attach a letter indicating why you didn't file, but this does not mean you don't have to.- I believe the form says "file all late returns AND attach letter etc."

Best of luck L.

Page 2 of IRS pub 501 disagrees with you. Read the section on "Who Must File" on page 2.

http://www.irs.gov/pub/irs-pdf/p501.pdf

[john_and_marlene 162]

Thanks for the replies ! However I still can't figure out for sure if you are required to file if you have Zero taxable income!

Thanks again!

I think the I-864 says to write a letter explaining why you didn't have to file if you didn't do so!

There may be cases when it's OK not to have filed!

http://www.irs.gov/pub/irs-pdf/p501.pdf

There are certainly cases where it is OK not to file. Look at page 2 of the IRS pub.

Additionally, as in this case, there are certainly cases where the income is both adequate to satifsy the support requirement and yet is not taxable income. The pub specifically states that in detrermining the gross income to determine if filing is required, you do not include non-taxable income.

[john_and_marlene 162]

The VA sends out a new letter each year showing the amount the beneficiary is paid monthly for disability. I would think that a copy of that letter to show the support requirements are met along with a letter from the USC that he does not have taxable income that warrants filing would be adequate.

[Tim and Bethanie 1]

The VA sends out a new letter each year showing the amount the beneficiary is paid monthly for disability. I would think that a copy of that letter to show the support requirements are met along with a letter from the USC that he does not have taxable income that warrants filing would be adequate.

I agree, my ex husband and I used his yearly statement while he was disabled for several things.

***People you do not file taxes on a military disability income! These men and women are given this because they have a service related disability!

[joelietz 0]

Also, you may not know that if you need to file your income taxes late for some reason you may be able to get a

tax extension at this online site. It's a great convenience and it could save late-filers some cash!

Penalties with interest are due if you owe them money. If you owe them nothing, there's almost never a penalty.

[TOM&Riz 4]

NOTE: Typical proof that a sponsor was not required to file a tax return for a particular year would consist of a written statement from the sponsor, signed under penalty of perjury, attesting to the amount of his or her income for the relevant year and to the fact that a tax return was not required by law. USCIS adjudicators handling form I-864 issues should be aware of the income threshold for the requirement of filing a tax return for the last several years, so that an RFE for evidence of the law is not necessary. In particular, the instruction booklets for each years forms 1040, 1040A, 1040EZ specify thre income threshold below of which a person is not required to file a return.

www.mnllp.com/USCISjune27864memo.pdf

[TOM&Riz 4]

Becky,

Even if you make zero bucks, you are required to file. We had to file my husband's late returns - he is a foreign grad student in Canada with a laughable income and had no clue he was under obligation to file. - yet we did as soon as we found out. So no, it's not OK not to file; though there are cases in which the IRS may exempt you (i.e. tax treaties): check with a tax expert just to be sure and not get your friend into trouble (BIG) with both the DoS and the IRS.

indeed, you can attach a letter indicating why you didn't file, but this does not mean you don't have to.- I believe the form says "file all late returns AND attach letter etc."

Best of luck L.

"American citizens living abroad may also be exempt from filing a tax return, depending on circumstances, such as the source of any income they have. However, individuals who owe special taxes, such as the Alternative Income Tax or tax on tips, must file a tax return regardless of income, age or filing status. This is also true of individuals who received Earned Income Credit payments during the year, or nonresident aliens with a U.S.-based business or other tax liability that was not subject to withholding during the year."