Forget to filing 2015 tax return.

[swang1336 0]

Hi,

Here is my situation.

I came to U.S in 2010 with F43 visa, I got the green card immediately when I arrived U.S.

I forget to file the tax return in 2015, and I used to be an uber driver in 2015, and received the1099 form with earning about $4000.  

Now, I am thinking to submit my application for naturalization.

 

I read the N-400 form with this sentence "have you ever not file a federal state or local tax return since you became a lawful permanent resident"

I have few question regarding to the tax issue:

1): Is it too late to file the tax return? 

2): If I file the tax return for 2015 now, for the question in N-400 form, should I answer "yes" or "no".

3): In the past few years, I am a student with low income (around $4000 to $6000 a year, sometimes $0.). Will low income affect my application?

 

I would really appreciate your guys' help. 

[Holt 73]

1) No, it is not too late to file a 2015 tax return. 

2) I have do some research and you must file the tax before you applied N-400, and IRS will be able to give you the tax transcript before you actually have the interview. 

I believe the answer is No, you have not failed to file a tax return since you already filed. 

3) I am student who is dependent (I assumed you are), and I have applied N-400 with my parents in-come + my income). And there is no effect your eligibility because you are low income.. You might apply for Reduced Fee, or a Fee Waiver if you have financial hardness. 

Hope this helps. 

Edited March 25, 2017 by rlam57

[swang1336 0]

3 minutes ago, rlam57 said:

1) No, it is not too late to file a 2015 tax return. 

2) I have do some research and you must file the tax before you applied N-400, and IRS will be able to give you the tax transcript before you actually have the interview. 

I believe the answer is No, you have not failed to file a tax return since you already filed. 

3) I am student who is dependent (I assumed you are), and I have applied N-400 with my parents in-come + my income). And there is no effect your eligibility because you are low income.. You might apply for Reduced Fee, or a Fee Waiver if you have financial hardness. 

Hope this helps. 

Really appreciated, rlam57, still get few questions.

 

I have not filed my 2015 tax return yet, and I am going to do it next week with my 2016 tax return together.

 

1) So as long as I file my tax return for 2015, lets say next week on 4/1/17; when I submit N-400 form,  for the tax-related question, I can answer "no".  Am I correct?

 

2) The problem is my parents are not in U.S, and I live in my relative's house, but they(my relatives) do not claim me as their dependent.  I filed my tax return in 2012-2014 as independent with around $5000 to $6000 income, and the other time as a full time student with no income.

So, will it affect my naturalization process?

 

 

[Holt 73]

Hi there, 

1) Yes, you can answer No. The question is typically asking if you are failed to file a tax return at the time of filing N-400, but since you will file as you said, you are not failed to file the tax income. Make sure you pay any money you own because I believe filing a 1099, you are considered yourself as self-employment. 

2)May I ask how old are you? 

[swang1336 0]

31 minutes ago, rlam57 said:

Hi there, 

1) Yes, you can answer No. The question is typically asking if you are failed to file a tax return at the time of filing N-400, but since you will file as you said, you are not failed to file the tax income. Make sure you pay any money you own because I believe filing a 1099, you are considered yourself as self-employment. 

2)May I ask how old are you? 

Thank you for clarification.

 

for 2) I am 25yr, I come to U.S when I was 18.  

[Holt 73]

1 minute ago, swang1336 said:

Thank you for clarification.

 

for 2) I am 25yr, I come to U.S when I was 18.  

Cool! Alright, go and file a tax return, apply for N-400 after few weeks. 

If you are low-income student as I am, apply for i-912, you will be waived all the fee since we can't afford for 725 dollars though.

 

[swang1336 0]

5 minutes ago, rlam57 said:

Cool! Alright, go and file a tax return, apply for N-400 after few weeks. 

If you are low-income student as I am, apply for i-912, you will be waived all the fee since we can't afford for 725 dollars though.

 

I really appreciated your help rlam57.

 

I just google about not filing tax return information. 

From IRS official website:

"

1. if you do not file by the deadline, you might face a failure-to-file penalty. If you do not pay by the due date, you could face a failure-to-pay penalty.
    
2. The failure-to-file penalty is generally more than the failure-to-pay penalty. So if you cannot pay all the taxes you owe, you should still file your tax return on time and pay as much as you can, then explore other payment options. The IRS will work with you.
    
3. The penalty for filing late is usually 5 percent of the unpaid taxes for each month or part of a month that a return is late. This penalty will not exceed 25 percent of your unpaid taxes.

"

 

 

"Failure-to-file" written few times on the official webpage, this phrase is just same as the question on N-400 form. However, in #3, IRS also calle it "the penalty for filling late. "

 Thats what I am confused and concerned. 

[Holt 73]

35 minutes ago, swang1336 said:

I really appreciated your help rlam57.

 

I just google about not filing tax return information. 

From IRS official website:

"

1. if you do not file by the deadline, you might face a failure-to-file penalty. If you do not pay by the due date, you could face a failure-to-pay penalty.
    
2. The failure-to-file penalty is generally more than the failure-to-pay penalty. So if you cannot pay all the taxes you owe, you should still file your tax return on time and pay as much as you can, then explore other payment options. The IRS will work with you.
    
3. The penalty for filing late is usually 5 percent of the unpaid taxes for each month or part of a month that a return is late. This penalty will not exceed 25 percent of your unpaid taxes.

"

 

 

"Failure-to-file" written few times on the official webpage, this phrase is just same as the question on N-400 form. However, in #3, IRS also calle it "the penalty for filling late. "

 Thats what I am confused and concerned. 

Yes, I think you might get a penalty for "failure-to-file", and since we read "5% of the unpaid taxes for each month is late", which I think it means you will pay the maximum 25% penalty.

Still, after you filed, marked No to the question. The IO will generally ask you "Have you owned any tax.." and you will have something to show him that you have filed the tax for 2015 and also, you have already fined because "not-file-on-time".
You must understand, filed late does not mean you failed to file. 

 

Edited March 25, 2017 by rlam57