10 year statue of limitations on old tax debt

[ohman 5]

One of the stock questions that you pretty much need to answer no to (or at least is highly desireable) is "do you have any unpaid taxes"?

 

Since you want to answer no to that at all costs, pay it off if you want to better your chances of becoming a citizen. If asked why it took you so long, tell the truth. Even a not so great sounding, honest answer can go a long way in my opinion. 

[cyclone27 710]

More than likely more than a few thousand considering penalties and interest.

[mhis82 13]

On ‎08‎/‎09‎/‎2018 at 1:22 PM, robhostein said:

I have old unpaid tax debt from the 2008 tax year. I recently learned that there's a 10 year statue of limitations by which the IRS can no longer go after you for debt that old. 

 

Now, my question is, since I'm applying for citizenship, does USCIS still care that I paid that debt off? I've been considering paying it off in full. It's only a couple thousand dollars, which I have in my savings.

Please check with very experiance immigration attorney, if your unpaid IRS taxes could be Aggravated felony. It could be beyounf CIMT, and instead of citizenship interview, you might could be handed removal proceding.

I don't know think anyone is immigration lawyer here, unless you consult with attorney specify dealing with Uncle Sam.

 

Edited August 12, 2018 by mhis82
Spelling

[ohman 5]

He said he can pay it in full right now. I just can't see any possible scenario where that is not the best thing to do, especially if he is applying for citizenship. 

[mhis82 13]

2 hours ago, ohman said:

He said he can pay it in full right now. I just can't see any possible scenario where that is not the best thing to do, especially if he is applying for citizenship. 

What happens if you don’t pay IRS taxes for 10 years?

If you don’t pay your taxes for 10 years, the IRS usually will charge you interest and penalties for unpaid taxes. Assuming you filed your tax returns, you avoid the failure to file penalty. However,  you will still accrue the failure to pay penalty along with interest. If you don’t file your taxes, the IRS eventually files for you (normally after 3 years), which is called a Substitute for Return.

 

Assume you didn't file taxes for past several years as well?

 

[robhostein 57]

I filed those tax returns for the 2008 year. I think I owed about $2500. I remember that amount because I remember the IRS collections letters they sent me way back then.

 

Well, I called the IRS collections department a few days ago. They said I had an installment plan on it, from what they could see. I asked them what is the amount I need to pay in order for it to be considered paid in full, they said $3000. They said I can pay it within the next 30 days. And I will.

[randomstairs 324]

You must file taxes regularly as LPR (within the 3/5 year and beyond). If you owe money to IRS you need to either pay or arrange to pay. That's it.  Simply failing to pay (especially outside the 3/5 year period) is NOT a crime even for immigration purposes, as long as no evasion or other fraud is involved (and for those there is a 6 year statute of limitations, btw, but you don't want to go there, especially with immigration).

I don't think you need to worry about this matter given that you are arranging to pay. It can't affect your GMC either, unless the IRS attempted to collect within the 3/5 year period and you avoided paying somehow. If you were LPR and failed to file taxes altogether, that's another matter. Also, there is NO statute of limitations for failing to file tax return. So just pay up and don't waste money on lawyers. 

Edited August 18, 2018 by randomstairs

[robhostein 57]

On 8/18/2018 at 4:19 AM, randomstairs said:

I don't think you need to worry about this matter given that you are arranging to pay.

Thank you for that info. But I still had to contact an immigration lawyer about my criminal record. They said I'm good to file for citizenship since I've paid the taxes.

[SusieQQQ 11,588]

On 8/9/2018 at 7:29 PM, robhostein said:

I forgot to add that during those years, or since those years passed, I did not have an income. I did not have a job. I have a job now, which is why I can pay it now.

But you presumably had income at the time you incurred the tax liability?

On 8/12/2018 at 10:09 AM, ohman said:

He said he can pay it in full right now. I just can't see any possible scenario where that is not the best thing to do, especially if he is applying for citizenship. 

Agreed

 

OP, look at part 12, questions 6 and 7 on the N400 form.  You’ll need answers to these...

[Daisy.Chain 317]

Paying them off can't hurt your n400 application in any way that I can see and not paying them could. If I were the US government, I would be unlikely to allow the naturalization of someone who already isn't paying taxes. Also paying  your taxes is your duty and the right thing to do - not just a check mark to get something. This kind of read like a "Do I have to?" post.