DCF China- Form I-864 question

[EricinChina 0]

My wife and I are about to send the I-130 packet to the Embassy. I'm doing research now trying to cover all the steps before we get to them. I was looking at the form and have a question. Number 25- Federal Income Tax return information. It asks for the previous 3 years. I only have a tax return from my 2008 filing. I do not remember what my income from 2007 was, and I'm not sure I even filed my taxes in 2006, as I was working under the table in 2005. What can I do here? Is this a big fail or do we have a chance? Any advice would be appreciated!

[Anh map 2,098]

You can call the IRS and request transcripts of your tax returns. It is a free service. IRS Transcript Info

From the form instructions: If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support. If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it.

Your 2006 tax return has information about income earned in 2006, not 2005.

[txladykat 1]

Also, if there were any years you were not obligated to file a return (no reportable income), then simply provide a written statement saying that you had no income for that year and therefore was not required to file a return. If you had reportable income, then you will need to file back returns on those years before you can apply, even if you didn't owe taxes.

[liveirisjul 0]

Yes you can call the IRS and request transcripts of your tax returns... it is a part of the service...

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Irs problems

[EricinChina 0]

ok thanks to everyone for your reply and info it really was a big help!

[Der Bücherwurm 1]

Also, if there were any years you were not obligated to file a return (no reportable income), then simply provide a written statement saying that you had no income for that year and therefore was not required to file a return. If you had reportable income, then you will need to file back returns on those years before you can apply, even if you didn't owe taxes.

I haven't filed income tax since I have been living abroad and making well under the $85,000 necessary to require filing.

The I-130 instructions state: "If a sponsor was not required by law to file an income tax return, he/she should prepare a notarized statement. In this statement the sponsor should affirm that he/she was not required to file a tax return and give the related Internal Revenue Service (IRS) regulation."

I've been reading all over the IRS website but can't find the specific regulation code to include in my letter as to why I was not required to file. Does anybody out there know the regulation code?

[SandLand 1]

I have been working overseas for the last 7 years and you still must file your taxes every year even if you've earned under the foreign earned income exclusion. Unless you are in the military and/or working in a combat area, you are still required to file your taxes.

Some of my co-workers naively also believed they didn't have to file their taxes for 2 or 3 years. They then found that the IRS would not accept the foreign earned income exclusion because they filed their taxes more than 1 year past the due date. Here is some good info:

http://www.irs.gov/businesses/article/0,,id=182017,00.html

The guess the general rule is to file your taxes on time....

[txladykat 1]

I dont know of the provision that says you "dont' have to file one, I only know of the provision that states under what circumstance you "must" file one.

26 U.S.C. Chapter 61(A)(II)(B) § 6012(a)(1)(A) states:

Every individual having for the taxable year gross income which equals or exceeds the exemption amount.

So I guess you could say you had no taxable gross income and therefore under 26 U.S.C. Chapter 61(A)(II)(B) § 6012(a)(1)(A) you are not required to file a tax return.