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hyommysone

tax return inquiry

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Hi,

I am aware that if you have not filed for a tax return on a specific year you have to submit a letter why you were not able to file a tax return. Is this letter should be notarized or a signature will be enough?

Also, do you have to submit further documents proving the reason you were not able to file for the tax return. For example, if the petitioner was not able to file for a tax return on year 2012 because he was still studying during that time. Is the petitioner have to submit along with the letter a certification that he was still studying or he do not have to, just the letter would be enough?

Thank you!

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Hi,

I am aware that if you have not filed for a tax return on a specific year you have to submit a letter why you were not able to file a tax return. Is this letter should be notarized or a signature will be enough?

Also, do you have to submit further documents proving the reason you were not able to file for the tax return. For example, if the petitioner was not able to file for a tax return on year 2012 because he was still studying during that time. Is the petitioner have to submit along with the letter a certification that he was still studying or he do not have to, just the letter would be enough?

Thank you!

You just need to prove that he was not REQUIRED to file a tax return per the IRS rules. The IRS has a check list for "Do I need to file a tax return?" Find that and document those reasons and submit that to the USCIS. Only the current year's tax return is actually required, so if you wait until you file for 2013 you would only need that year's tax return.

Good luck,

Dave

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Notarized not necessary. If did not file because you did not meet the threshold income, then you could supply copies of what tax documents you have and refer to portion of the section in the IRS instructions that specifically says you are not required to file.

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Notarized not necessary. If did not file because you did not meet the threshold income, then you could supply copies of what tax documents you have and refer to portion of the section in the IRS instructions that specifically says you are not required to file.

What kind of tax documents does he need? My husband is self-employed. He is an independent salesman for a cutlery industry. Can he supply the amount of products he was able to sell and gain for that year as an evidence that he does not meet the requirement to file for tax return?

Thank you

Edited by hyommysone

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What kind of tax documents does he need? My husband is self-employed. He is an independent salesman for a cutlery industry. Can he supply the amount of products he was able to sell and gain for that year as an evidence that he does not meet the requirement to file for tax return?

Thank you

P&L Statement would work, or he can fill out a Schedule C and show that he had a loss. Does he buy the cutlery outright and then resell it? Or, does he just take orders and receive a portion of each sale?

http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Self-Employed-Individuals-Tax-Center

Edited by I AM NOT THAT GUY

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P&L Statement would work, or he can fill out a Schedule C and show that he had a loss. Does he buy the cutlery outright and then resell it? Or, does he just take orders and receive a portion of each sale?

http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Self-Employed-Individuals-Tax-Center

He just take orders and receive commission.

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He should receive a 1099-MISC or a W-2 from each company he sells for.

Thank you! I will ask him about those.

If he have those, does he still need a tax return or that will be enough?

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Thank you! I will ask him about those.

If he have those, does he still need a tax return or that will be enough?

You will have to look at the links posted above and see for yourself. The 1099 and W-2 show income reported to the IRS. If he doesn't have those, or never received those, just show the amount and nature of the income he did receive and the reason he didn't have to file taxes for that year on a separate sheet of paper as an explanation.

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You just need to prove that he was not REQUIRED to file a tax return per the IRS rules. The IRS has a check list for "Do I need to file a tax return?" Find that and document those reasons and submit that to the USCIS. Only the current year's tax return is actually required, so if you wait until you file for 2013 you would only need that year's tax return.

Good luck,

Dave

The only part about this post that is not correct is the bit about sending tax info to USCIS. Standalone I-130 filers never send tax information to USCIS.


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In my experience I have seen people get a checklist for not hand witting an explanation of why they were not required to file taxes. If I were you I wouldn't leave it to chance...I would write a nice explanation and send it now ! I sent the IRS letter stating I did not file plus a copy of the income thresholds for needing to file and my signed and dated handwritten explanation of why I was not required to file. Maybe a bit overkill but with NVC I did not want to send too little info.I understand it might re-set the 60 days but if you wait and you do get a checklist it will be that much longer. Good luck....maybe it will skate by.

Sorry on jumping on this thread.

I would like to know what did you said on your hand written explanation and what are the documents you provided which enabled you not to file for a tax return?

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Sorry on jumping on this thread.

I would like to know what did you said on your hand written explanation and what are the documents you provided which enabled you not to file for a tax return?

It is a bit more than just a letter. You must actually prove that you were not REQUIRED to file a tax return per the IRS instructions. Go to the IRS website and see the question "Do I need to file a tax return?" I would complete the questionaire and then print out the results and attach that to a letter stating based on the attached printout form the IRS website, I was not required to file a tax return for year X. Then sign and date the letter. The IRS has several gotchas that most people fail to file a return when in fact they are. Most people think that if I do not make more than X I do not need to file a return. That is not always the case.

Dave

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It is a bit more than just a letter. You must actually prove that you were not REQUIRED to file a tax return per the IRS instructions. Go to the IRS website and see the question "Do I need to file a tax return?" I would complete the questionaire and then print out the results and attach that to a letter stating based on the attached printout form the IRS website, I was not required to file a tax return for year X. Then sign and date the letter. The IRS has several gotchas that most people fail to file a return when in fact they are. Most people think that if I do not make more than X I do not need to file a return. That is not always the case.

Dave

Thank you :) my husband made way below. Only around $1000 for a year. Hence, he was not able to file for a tax return.

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Sorry on jumping on this thread.

I would like to know what did you said on your hand written explanation and what are the documents you provided which enabled you not to file for a tax return?

It is also important to write a statement ,sign and date it as to why you did not file . I wrote mine and stated that I was not required to file because I was unemployed do to illness thus no income for those years. They want to see your reason for not filing ..and NOT that you just weren't required to file. I wrote the letter in conjunction with the IRS letter on non filing.If you look through posts you find others that recommend doing the same thing.

Here is a link to a thread that discusses this .

http://www.visajourney.com/forums/topic/225426-sample-letter-of-explanation-no-tax-returns-for-i-864/

Edited by AmeriDutch

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It is also important to write a statement ,sign and date it as to why you did not file . I wrote mine and stated that I was not required to file because I was unemployed do to illness thus no income for those years. They want to see your reason for not filing ..and NOT that you just weren't required to file. I wrote the letter in conjunction with the IRS letter on non filing.If you look through posts you find others that recommend doing the same thing.

Here is a link to a thread that discusses this .

http://www.visajourney.com/forums/topic/225426-sample-letter-of-explanation-no-tax-returns-for-i-864/

Thank you for the information. my husband was not able to meet the income requirement due to his illness too. Do you need a letter from the doctor as confirmation of his illness or just the hand written letter hand signed by my husband?

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