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Filed: AOS (pnd) Country: Australia
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Page 6 of I-944 instructions says "Submit any tax transcripts for any income taxes that you or your household members filed with any foreign government if you or your household members were residing outside of the United States during any time within the most recent tax year and you were not required to file a federal individual income tax return with the United States government."

Today, I just found out my husband hasn't filed his Australian taxes since 2017. I'm not sure what to do. Should I just submit his 2017 tax form? Should he quickly only do 2019 return so we can provide it for I-944 purpose? He owes about 12k (independent contractor) just from this most recent year🤦🏼‍♀️ Big chunk of money to just hand over right now without me being aware of the situation.

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Filed: AOS (apr) Country: Australia
Timeline
1 hour ago, Jsg2016 said:

Page 6 of I-944 instructions says "Submit any tax transcripts for any income taxes that you or your household members filed with any foreign government if you or your household members were residing outside of the United States during any time within the most recent tax year and you were not required to file a federal individual income tax return with the United States government."

Today, I just found out my husband hasn't filed his Australian taxes since 2017. I'm not sure what to do. Should I just submit his 2017 tax form? Should he quickly only do 2019 return so we can provide it for I-944 purpose? He owes about 12k (independent contractor) just from this most recent year🤦🏼‍♀️ Big chunk of money to just hand over right now without me being aware of the situation.

Hmm. I don't have a huge experience in the matter but I would just submit the 2017 tax return with an additional page saying he hasn't filed since 2017. Did he state his job and income on any of the forms you have submitted yet? I don't think that unless you guys have stated that he had a job that there would be an issue. I don't know if there is a way for the US government to know whether a foreigner hasn't filed taxes or was required to. But I might be wrong. I also don't think it would make a huge difference if you he did owe 12k Aud to the Aus gov as far as moving here goes as long as he has a payment plan and does go delinquent on it. 

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Our taxes fall due in the October in the new financial year. I don’t think submitting 2017 taxes would suffice. They would assume probably need the most recent tax year so 2019 tax return (2020 hasn’t fallen due yet). Tax returns in Australia still need to be filed even if the Australian is living and working overseas. Australians living aboard also need to pay tax on their foreign income to the ATO. 
 

I would suggest telling him to file the overdue tax years ASAP and work out a payment plan with the ATO for whatever he owes currently.  The last thing he would want to do is present the idea that he is potentially evading paying taxes in his home country.  
 

good luck!

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