Jump to content
triterp80

N400 Interview with late tax fee - can't contact IRS

 Share

3 posts in this topic

Recommended Posts

Filed: IR-1/CR-1 Visa Country: China
Timeline

N400 interview is scheduled for 12/29.  In the questionnaire I specified I had no back taxes due (all owed taxes paid), which is still true, however I found out I owe a late fee/penalty from several years ago, which I haven't paid yet, purely because I didn't remember I had to pay it.  It is a lousy excuse but it is true.

I just discovered I owe this fee.   The tax penalty is for an LLC I own.  My personal taxes are paid and up to date.  They say the only way to discuss or get on a payment plan for companies is to call the IRS number (for personal taxes you can get transcripts and records online, but not for companies).  I've done that for the last 2 weeks straight and each time I call, the IRS hotline disconnects me saying "unfortunately we are unable to handle your call at this time due to high call volumes, please try again later".  I have spent hours each day trying to get a hold of them but they always disconnect me.  My goal here is to get on a payment plan or negotiate down the penalty but it's impossible without actually getting them on the phone.

I even tried contacting an attorney but the power of attorney they need to help me requires 6 weeks before it is executed.  The attorney is powerless to do anything for me until the POA comes back which will be long after the interview.

I am well aware this is all due to poor planning on my part, but it's the situation I'm in.

In short, my only option appears to be to pay the late fee which is several thousand dollars.  

Here's my question: has anyone had any experience being interviewed and explaining away a late fee... essentially saying that we want to pay it but we want to get on a payment plan or have an attorney handle it.  My fear is because it's several years late, they will see this as being irresponsible.  

With 5 years of personal taxes in good standing and never late and this one blip in my LLC, do I stand a chance explaining the situation or do I take the hit, pay the large fee before the interview, knowing that there will be no chance to get that money back from the IRS after the fact if we try to get it lowered or get on a payment plan?

Sorry for the long winded question.

tldr: stated I owe no back taxes on questionnaire, in good standing on all personal taxes, late fee (but taxes paid) for LLC, can't get in touch with IRS, should I pay the large fee to avoid possible risk with interview or take my chances at the interview?

 

Thank you!

04/16/13: Met online - eventually began talking every day :)

09/20/13: Met in China for the first time!

03/03/14: Second trip to China - had an amazing time

09/27/14: Third trip to China - proposed!
10/08/14: Married in China!

11/20/14: I130 sent to Chicago lockbox facility for CR1 Visa

11/25/14: NOA1 (I797C)

12/12/14: NOA2 (I797) - unusually quick processing!

02/06/15: NVC received, notified by email

02/07/15: Completed DS260 online

02/08/15: AOS fee ($120) paid online

02/16/15: AOS package sent via email

03/13/15: Can no longer sign into the CEAC?

03/16/15: Called NVC - since I submitted AOS via email, case number changed to electronic case number - prefix changed from GUZ to GZO

03/16/15: Resubmitted DS261 per phone conversation

03/17/15: Received email confirmation of receipt of AOS email on 3/17 and due to high volume will be at least 60 days to process

03/19/15: IV fee invoiced and paid online. IV fee status shows as 'in process'

03/20/15: IV fee status shows 'paid' and DS260/IV application is available

03/27/15: DS260 submitted online

03/30/15: IV package emailed

04/19/15: Emailed photocopies of marriage certificate, birth certificate and police certificate to supplement original email - just in case - was not prompted to do so

04/20/15: Email from NVC: all documents accepted - interview to be scheduled soon

04/23/15: Email from NVC: interview scheduled

05/18/15: Interview - Passed!

05/25/15: Wife picked up Visa in hand

Link to comment
Share on other sites

  • 2 weeks later...
Filed: Lift. Cond. (apr) Country: China
Timeline

They are concerned about your income, NOT where you stand with the IRS. 

I doubt that you're talking about a criminal violation here.

 

Edit - I see this is past history now. Hopefully, you saw your way through.

Edited by RandyW

玉林,桂 resident
Feb 23, 2005 ........ Mailed I-129F to TSC . . . . . . . . .March 8th ............. P1 from CSC
April 11 ................. P2 from CSC . . . . . . . . . . . . . . . . .April 25 ................ NVC sends packet to GUZ
June 22 ................ P3 received . . . . . . . . . . . . . . . . . .Nov 22 ................. PASSED Interview
Dec 2 ................... Made it! . . . . . . . . . . . . . . . . . . . . .Dec 16 .................. Married
May 23, 2006 ..... TDL, EAD, AP received. . . . . . . . . June 16, 2006 ........ AOS interview - wait for FBI bkgrnd check
Apr 19, 2007 .... EAD # 2. . . . . . . . . . . . . . . . . . . . . . Oct 7, 2008 ......... 10-year green card
- - - - - - - - - - - - - - - - - - - - - - - - - - K2 (son) - - - - - - - - - - - - - - - - - - - - - - - - - - -
Dec 2 ..................... AOS/EAD filed . . . . . . . . . . . . . .Dec 17 ................... 21st birthday
Jan 4, 2007 .......... transferred to CSC . . . . . . . . . . . Feb 6, 2007 ............ transferred to MSC
Feb 23 .................... EAD card . . . . . . . . . . . . . . . . . . .Apr 16 .................... AOS denied (over 21)
Jul 26 .................... Master Calendar hearing . . . . . . Nov 15 ...................... Removal hearing
Jan 29, 2008 ........ Voluntary departure

Link to comment
Share on other sites

  • 3 weeks later...
On 12/20/2021 at 12:19 PM, triterp80 said:

N400 interview is scheduled for 12/29.  In the questionnaire I specified I had no back taxes due (all owed taxes paid), which is still true, however I found out I owe a late fee/penalty from several years ago, which I haven't paid yet, purely because I didn't remember I had to pay it.  It is a lousy excuse but it is true.

I just discovered I owe this fee.   The tax penalty is for an LLC I own.  My personal taxes are paid and up to date.  They say the only way to discuss or get on a payment plan for companies is to call the IRS number (for personal taxes you can get transcripts and records online, but not for companies).  I've done that for the last 2 weeks straight and each time I call, the IRS hotline disconnects me saying "unfortunately we are unable to handle your call at this time due to high call volumes, please try again later".  I have spent hours each day trying to get a hold of them but they always disconnect me.  My goal here is to get on a payment plan or negotiate down the penalty but it's impossible without actually getting them on the phone.

I even tried contacting an attorney but the power of attorney they need to help me requires 6 weeks before it is executed.  The attorney is powerless to do anything for me until the POA comes back which will be long after the interview.

I am well aware this is all due to poor planning on my part, but it's the situation I'm in.

In short, my only option appears to be to pay the late fee which is several thousand dollars.  

Here's my question: has anyone had any experience being interviewed and explaining away a late fee... essentially saying that we want to pay it but we want to get on a payment plan or have an attorney handle it.  My fear is because it's several years late, they will see this as being irresponsible.  

With 5 years of personal taxes in good standing and never late and this one blip in my LLC, do I stand a chance explaining the situation or do I take the hit, pay the large fee before the interview, knowing that there will be no chance to get that money back from the IRS after the fact if we try to get it lowered or get on a payment plan?

Sorry for the long winded question.

tldr: stated I owe no back taxes on questionnaire, in good standing on all personal taxes, late fee (but taxes paid) for LLC, can't get in touch with IRS, should I pay the large fee to avoid possible risk with interview or take my chances at the interview?

 

Thank you!

Hi! I hope your interview went well. Best Wishes!

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...