HELP!! Under the table work not reported to IRS

[daniel046 4]

Hey,

 

I had my interview last week, and ISO asked how much did I make in 2022. I replied $25,000. And I made all that money working under the table, so my employer never reported anything to the IRS and I never got a W-2 either. So, I unknowingly did not file any tax on it. Thus only reported income on the IRS was from my USC spouse, and my tax transcript only had that income which was lower than $25,000, ISO said so you did not report it to the IRS, and I said "Yes". 

 

Now I think that this falls into tax evasion and could be considered a crime involving moral turpitude. So, how do I avoid getting denied based on CIMT? 

 

Should I amend my tax return and pay taxes on that? if so, How do report that income as I don't have a w2 or any proof other than a cash deposit at the Bank?

 

Please help me out am panicking.

 

Thanks

 

[JKLSemicolon 411]

Since you know that the tax return was filed without reporting a significant amount of income, then amending it seems appropriate to correct that. As for how to report it, without knowing more details the possibilities might include asking the employer to provide a W-2, reporting it on Form 4852 (if the employer will not provide a W-2), or reporting it as self-employment income; in the end it would be advisable to consult a tax professional to be sure. In order to calculate the actual amount to report, you would have to go back through whatever records are available. Records like bank statements wouldn't necessarily be sent with the (amended) tax return but as with anything you report on a tax return, you would want to have documentation available in case of an audit. Spreadsheets are useful for this.

 

Did you have authorization to work during the time that income was earned?

 

 

Edited October 24, 2023 by JKLSemicolon

[SalishSea 17,801]

1 hour ago, daniel046 said:

Hey,

 

I had my interview last week, and ISO asked how much did I make in 2022. I replied $25,000. And I made all that money working under the table, so my employer never reported anything to the IRS and I never got a W-2 either. So, I unknowingly did not file any tax on it. Thus only reported income on the IRS was from my USC spouse, and my tax transcript only had that income which was lower than $25,000, ISO said so you did not report it to the IRS, and I said "Yes". 

 

Now I think that this falls into tax evasion and could be considered a crime involving moral turpitude. So, how do I avoid getting denied based on CIMT? 

 

Should I amend my tax return and pay taxes on that? if so, How do report that income as I don't have a w2 or any proof other than a cash deposit at the Bank?

 

Please help me out am panicking.

 

Thanks

 

Let me guess, now you’re in a bind because household income is inadequate for sponsorship?

 

Yes, that’s tax evasion, and yes you need to pay taxes on your income like everyone else.

[Crazy Cat 41,811]

6 hours ago, daniel046 said:

How do report that income as I don't have a w2 or any proof other than a cash deposit at the Bank?

You don't have to have a W-2 to report income on a tax form.  You simply list it.  However, to prove annual income for immigration purposes, you will need an employment letter, etc. 

[daniel046 4]

7 hours ago, JKLSemicolon said:

Since you know that the tax return was filed without reporting a significant amount of income, then amending it seems appropriate to correct that. As for how to report it, without knowing more details the possibilities might include asking the employer to provide a W-2, reporting it on Form 4852 (if the employer will not provide a W-2), or reporting it as self-employment income; in the end it would be advisable to consult a tax professional to be sure. In order to calculate the actual amount to report, you would have to go back through whatever records are available. Records like bank statements wouldn't necessarily be sent with the (amended) tax return but as with anything you report on a tax return, you would want to have documentation available in case of an audit. Spreadsheets are useful for this.

 

Did you have authorization to work during the time that income was earned?

 

 

No, I did not have work authorization during that time period. 

[daniel046 4]

7 hours ago, SalishSea said:

Let me guess, now you’re in a bind because household income is inadequate for sponsorship?

 

Yes, that’s tax evasion, and yes you need to pay taxes on your income like everyone else.

So, we had a joint sponsor already. So, I-864 was not a problem ISO just looked at tax transcript which my wife and I filed and he made that comment because adjusted gross income was a not close to $25,000 or more.

 

Now I understand it's tax evasion and I would like to go ahead and pay tax on it as I haven't received anything from IRS, so I should simply just amend the return and it should be good to go correct?

[daniel046 4]

2 hours ago, Crazy Cat said:

You don't have to have a W-2 to report income on a tax form.  You simply list it.  However, to prove annual income for immigration purposes, you will need an employment letter, etc. 

Got you

I don't need to prove income for I-864. 

I am just worried about if USCIS thinks that's CIMT, so if I were to amend a tax return would that still be a possibility or not?

[Crazy Cat 41,811]

2 minutes ago, daniel046 said:

so if I were to amend a tax return would that still be a possibility or not?

If I failed to report income, I would correct that by amending my taxes.

[powerpuff 6,680]

Hijack post removed. Please start your own thread to ask questions.

 

VJ Moderation 

[JKLSemicolon 411]

13 hours ago, daniel046 said:

No, I did not have work authorization during that time period. 

 

And was this before or after you answered the question on the I-485 that asks, "Have you EVER worked in the United States without authorization?"

[daniel046 4]

2 minutes ago, JKLSemicolon said:

 

And was this before or after you answered the question on the I-485 that asks, "Have you EVER worked in the United States without authorization?"

After,

As I have answered Yes to that question so I am fairly certain I didn't misrepresent myself.

 

ISO did take I-20s that I had and my lawyer was asking if is it possible that there is a misrepresentation when I applied for I-20. But school never asked me that question ever before issuing I-20 so I am not sure if that counts as misrepresentation. 

[JKLSemicolon 411]

15 hours ago, daniel046 said:

After,

As I have answered Yes to that question so I am fairly certain I didn't misrepresent myself.

 

ISO did take I-20s that I had and my lawyer was asking if is it possible that there is a misrepresentation when I applied for I-20. But school never asked me that question ever before issuing I-20 so I am not sure if that counts as misrepresentation. 

That’s good that your answer to that question avoids any misrepresentation issue.

 

From there I would focus on amending the tax return so that there is no issue there either.