We're Stuck!

[giantkoolit2011 0]

Hello VJ'ers

I really need your advise please.

My husband (petitioner) worked in a good and big company in US for almost 4 years up to the present. In his payslips, deductions were made to his salary for his tax. He said he pay taxes including his income tax regularly thru the company but he did not file it. (I really don't understand what does it mean). Now the NVC asked him to submit his income tax return for the last six years including last year for his AOS. He already talked to their company's accountant last month and work with all his papers for the taxes and promise him assistance but until now we're still immovable. Who could really helped us in this situation? the accountant?, the IRS?, or better we need to get a lawyer?

PLEASE HELP!

[milimelo 4,233]

Hello VJ'ers

I really need your advise please.

My husband (petitioner) worked in a good and big company in US for almost 4 years up to the present. In his payslips, deductions were made to his salary for his tax. He said he pay taxes including his income tax regularly thru the company but he did not file it. (I really don't understand what does it mean). Now the NVC asked him to submit his income tax return for the last six years including last year for his AOS. He already talked to their company's accountant last month and work with all his papers for the taxes and promise him assistance but until now we're still immovable. Who could really helped us in this situation? the accountant?, the IRS?, or better we need to get a lawyer?

PLEASE HELP!

He needs to file the individual tax return - form 1040 and any other forms related to his tax return. Yes, the taxes were deducted from his paycheck, but it's not his employer who does his taxes, he either does it himself, or goes to an accountant. If he doesn't file back taxes, it's quite possible IRS will come after him - so better to get this taken care of now - he files 1040X for any missed years, and 1040 for 2011 taxes.

[Leatherneck 693]

Hello VJ'ers

I really need your advise please.

My husband (petitioner) worked in a good and big company in US for almost 4 years up to the present. In his payslips, deductions were made to his salary for his tax. He said he pay taxes including his income tax regularly thru the company but he did not file it. (I really don't understand what does it mean). Now the NVC asked him to submit his income tax return for the last six years including last year for his AOS. He already talked to their company's accountant last month and work with all his papers for the taxes and promise him assistance but until now we're still immovable. Who could really helped us in this situation? the accountant?, the IRS?, or better we need to get a lawyer?

PLEASE HELP!

Income taxes are not paid through an employer (unless wages are being garnished for the payment of back taxes) and any money withheld from the employees wages is determined by the number of deductions or exemptions claimed on the form W-4 at the time of employment or at any time the employee decides to change the number of exemptions.

The filing of (form 1040) taxes is strictly the responsibility of your husband, the company plays no part in that. Filing back taxes are not that complicated if the company will provide your husband with duplicate W-2s, your husband can get the appropriate form 1040s for each year he needs to file the back taxes for from the IRS or from an accountant/tax preparer. If his taxes are complicated with lots of "Itemized Deductions" then an accountant/tax preparer would be highly recommended. Even if your husband does not have lots of "Itemized Deductions" the use of an experienced tax preparer or accountant would be wise considering the several years of back taxes that need to be filed and the enormous interest and penalties that have accrued.

An accountant or an experienced tax preparer would be worth ever penny if they can prepare returns where the government owes your husband money and not the other way around. Otherwise, the interest and penalties can be expensive. No need for an attorney, this is not a criminal matter.

[giantkoolit2011 0]

He needs to file the individual tax return - form 1040 and any other forms related to his tax return. Yes, the taxes were deducted from his paycheck, but it's not his employer who does his taxes, he either does it himself, or goes to an accountant. If he doesn't file back taxes, it's quite possible IRS will come after him - so better to get this taken care of now - he files 1040X for any missed years, and 1040 for 2011 taxes.

Thank you for the reply. And yes, he already file for the 1040. But how long this filing would take?

[giantkoolit2011 0]

Income taxes are not paid through an employer (unless wages are being garnished for the payment of back taxes) and any money withheld from the employees wages is determined by the number of deductions or exemptions claimed on the form W-4 at the time of employment or at any time the employee decides to change the number of exemptions.

The filing of (form 1040) taxes is strictly the responsibility of your husband, the company plays no part in that. Filing back taxes are not that complicated if the company will provide your husband with duplicate W-2s, your husband can get the appropriate form 1040s for each year he needs to file the back taxes for from the IRS or from an accountant/tax preparer. If his taxes are complicated with lots of "Itemized Deductions" then an accountant/tax preparer would be highly recommended. Even if your husband does not have lots of "Itemized Deductions" the use of an experienced tax preparer or accountant would be wise considering the several years of back taxes that need to be filed and the enormous interest and penalties that have accrued.

An accountant or an experienced tax preparer would be worth ever penny if they can prepare returns where the government owes your husband money and not the other way around. Otherwise, the interest and penalties can be expensive. No need for an attorney, this is not a criminal matter.

Just because all these things happened, will it affect his petition for me? Will the NVC take this as a problem? I mean not filing his income tax? Were really stuck with the NVC process because of this, but much more on this, I really don't know how he address his tax problem. He said, he thinks that the gov't owes him money and not the other way around. Is that possible?

Edited March 18, 2012 by giantkoolit2011

[giantkoolit2011 0]

Edited March 18, 2012 by giantkoolit2011

[Leatherneck 693]

Just because all these things happened, will it affect his petition for me? Will the NVC take this as a problem? I mean not filing his income tax? Were really stuck with the NVC process because of this, but much more on this, I really don't know how he address his tax problem. He said, he thinks that the gov't owes him money and not the other way around. Is that possible?

If your husband files his back taxes, your process can get back on track. It affects his petition in the way of slowing down the process since NVC has requested those returns.

Yes it is very possible he is due a refund, however, he'll not know that for sure until the tax returns are filed. Normally when people don't file the federal tax returns, they also do not file the state returns, in those years of unfiled tax returns between state and federal, your husband very well could be due money or he could owe money also. That's why it's important to seek a perfessional that will use all existing deductions and tax law to squeeze every dollar from those returns.

[milimelo 4,233]

If he has filed, give it another couple of weeks and then go to the local IRS office for tax transcripts. You really have nothing to worry about, you have a year to complete NVC processing. I understand you want to be together soon, but get this done the right way now.

[giantkoolit2011 0]

If your husband files his back taxes, your process can get back on track. It affects his petition in the way of slowing down the process since NVC has requested those returns.

Yes it is very possible he is due a refund, however, he'll not know that for sure until the tax returns are filed. Normally when people don't file the federal tax returns, they also do not file the state returns, in those years of unfiled tax returns between state and federal, your husband very well could be due money or he could owe money also. That's why it's important to seek a perfessional that will use all existing deductions and tax law to squeeze every dollar from those returns.

thank you so much. I hope and pray that this paper works will be over soon.

[Leatherneck 693]

thank you so much. I hope and pray that this paper works will be over soon.

You're welcome - good luck!

[giantkoolit2011 0]

If he has filed, give it another couple of weeks and then go to the local IRS office for tax transcripts. You really have nothing to worry about, you have a year to complete NVC processing. I understand you want to be together soon, but get this done the right way now.

Yeah, your right. I have no choice but to wait. haayyyyssssss.

Thank you so much!

Edited March 18, 2012 by giantkoolit2011

[Darnell 8,478]

NVC is asking for the last 6 years of income tax returns,

so your casefile at NVC will be stalled for further processing until this packet is received from yer husband.

Filing is a straightforward process, the forms for the prior years are available online to download and print out from the IRS web site.

He might accrue penalties for not filing any return 3 years prior - ie

2011 ok

2010 ok

2009 ok

2008 - possible penalty

2007 - possible penalty

2006 - possible penalty

but usually the penalties accrue when the taxpayer (yer husband) OWES money to the IRS.

IMO, he should handle all this week, file what he needs, filing paper returns to the IRS but keeping complete copies of everything, as he has to submit this stuff to NVC.

If you two were married in 2011, he can file with a different status, of 'married filing jointly' but YOU need to sign the return and YOU need to complete a form W-7, including the ID requirements, get the signed return and the W-7 packet to him prior to him sending stuff off to the IRS.

Good Luck !

[giantkoolit2011 0]

NVC is asking for the last 6 years of income tax returns,

so your casefile at NVC will be stalled for further processing until this packet is received from yer husband.

Filing is a straightforward process, the forms for the prior years are available online to download and print out from the IRS web site.

He might accrue penalties for not filing any return 3 years prior - ie

2011 ok

2010 ok

2009 ok

2008 - possible penalty

2007 - possible penalty

2006 - possible penalty

but usually the penalties accrue when the taxpayer (yer husband) OWES money to the IRS.

IMO, he should handle all this week, file what he needs, filing paper returns to the IRS but keeping complete copies of everything, as he has to submit this stuff to NVC.

If you two were married in 2011, he can file with a different status, of 'married filing jointly' but YOU need to sign the return and YOU need to complete a form W-7, including the ID requirements, get the signed return and the W-7 packet to him prior to him sending stuff off to the IRS.

Good Luck !

yeah, your right we're stalled because of this and it's frustrating. But thank you for the idea of W-7. I don't know that but based on what I read in some forum, I'm aware that I have to sign something like that. Is it really necessary for me to have that form? and what are the ID requirements? How long do you think this entire process (from filing to IRS to NVC) ?

[Darnell 8,478]

please to download a W-7 form from irs.gov website, have a look, read the instructions.

in essence, that form is needed if yer husband wishes to file 'married filing jointly' .

The ID requirements (on you) are listed in the instructions.

[giantkoolit2011 0]

please to download a W-7 form from irs.gov website, have a look, read the instructions.

in essence, that form is needed if yer husband wishes to file 'married filing jointly' .

The ID requirements (on you) are listed in the instructions.

Okay, thank you so much Darnell...please include us in your prayers.