N-400 - failed to file taxes - no income

[Barciur 1]

Hello

I have a question about the question found in Part 11 q. 7a: Have you ever not filed a Federal, State, or local tax return since you became a Permanent Resident?

So I believe I read on these forums that if I failed to file, for any reason, I need to say Yes. I came here as a 13 year old and I was 19 when I graduated high school, and up until I was 20 and got my first job, I didn't file anything because I had 0 income, as I still live with parents. So in my situation - is it still a yes? And if so, what will they ask me to do? The checklist says:

"

If you have ever failed to file an income tax return since you became a Lawful Permanent Resident, send:

All correspondence with the IRS regarding your failure to file."

But clearly, I do not have any of that - I never filed because I didn't have to. So can anyone guide me in this situation?

[chillin4me 15]

Answer is NO.. That question only is applicable if you had a paying job and did not file income tax return. That was what the Immigration officer told me when I had my citizenship interview, because in my first year as a resident I did not have a job and did not file income tax for that year and I answered yes to that question in the form, so she corrected me during the interview.

[Barciur 1]

Well, that's great consistency across the board, as this is what it's staed on USCIS website which I just found linked to in another thread

• Item 7: If you did not file a tax return since you became a lawful permanent resident, even if you were not required to file based on your income, check “Yes” and provide a written explanation.

Nevertheless, your answer puts me more at ease, because if they said that, then I'd assume a simple written explanation that I did not have to file based on income will suffice.

Edited August 31, 2015 by Barciur

[Udella&Wiz 325]

My daughter was in the same situation as you - she did not have income and was claimed under us. If it makes you fee better you could ask your parents to get their IRS statements from those years and highlight where you are claimed as their dependent.

[Tom_Jim 40]

Hi Baricur,

This is an interesting question. This scope of the current version of the N400 relating to income taxes is definitely broader than its last iteration. When I filed my N400 (immediate version before this one), the language relating to the status of income tax filings was this:

Since becoming a lawful permanent resident, have you ever failed to file a required Federal, State, or local tax return?

There was one year where I earned below the filing threshold, therefore, I did not file a required tax return. It filters out people who didn't file a return because they were not required to. However, the current language tightens that threshold to:

Have you ever not filed a Federal, State, or local tax return since you became a Permanent Resident.

The revision has given USCIS less latitude by removing the word "required" that in a way, compels someone in your position to answer, "Yes". On it's technical merits, you should write "Yes" to this question. However, answering "No" to Part B of the same question should "cure" you of whatever looming inquiries arise from answering yes.

[Barciur 1]

Thanks a lot for your responses and the help