Vidt

I am filing for n400 through marriage. There is a question that asks, have you ever not filed federal or state taxes..

When I first move to the US, for the first couple of years, I did not file taxes as I was not working and was claimed as a dependant by my in laws. How do I answer this question?

Noorah101

"No"

Rene

civilservant

I don't agree with Noorahs answer. The answer IMO is yes since you, if fact, DID NOT file taxes those years. The questions asks 'have you ever not filed taxes' - it doesn't say 'did you ever not file taxes when you were required too'

Never ever read more into a question than is asked. A plain reading of that question would get a yes answer.

You can explain it more at interview just by saying that you did not work and did not have any income.

It won't be a problem, but IMO needs to be declared.

Noorah101

I went back and read the question on the N-400, and civilservant is right, the question doesn't say "that you were required to file", as I thought it did.

Rene

Steve_

It's a multi-part question, that's the reason why, what they're looking for is evidence you claimed to be non-resident, so it's part B and question 8 that are the key bit.

You'll need copies of their tax returns to show to USCIS.

Vidt

Thank you for all the responses. However, now I am a little confused. The years I did not file taxes were due to me not working and being claimed as a dependant on my in laws tax return.
The question reads:
If you have ever failed to file an income tax return since you became a lawful permanent resident, send correspondence with irs.

Could someone please clarify how to answer this?
Sorry but I am a little nervous and want to make sure I don't cause any delays.

thanks
vidt

MidAtlantic

You answered in your first post. Have you ever not... Yes for the reason you give. Nothing strange or suspicious about it, just the truth.

lansbury

Not sure I agree, I think Rene was right originally. The question is "Have you ever FAILED". He hasn't failed to file, as he had no income he wasn't required to do so.

Rete

Actually, I thought Rene was correct as is Lansbury. While the tax return was not in his name as the principal filer, he was listed as a dependent on the in-laws return and therefore, a tax return was filed on his behalf. In any case, when he goes to the interview he can tell them that he was not working for a number of years for whatever reason he has for not having worked.

MidAtlantic

The question is:

Have you EVER not filed a Federal, state or local tax return since you became a lawful permanent resident?

lansbury

Indeed you are correct my bad for trusting that the OP could transpose the question correctly from the N400 to BE.

That lack of accuracy should bar anyone from citizenship.

I'll wind my neck back in and agreed the answer is yes, and remember in future to check for myself.

Rete

Sorry, Charlie, I'm not changing my point of view. He did file a tax return. He is listed on the tax returns of his in-laws, therefore, a tax return was filed and he was aware of the fact as were his wife and his in-laws.

He can either mark it yes or no. Really doesn't matter one way or the other as at the time of the interview it can all be explained away by presenting a copy of his in-laws filed tax returns listing himself as a dependent.

As he obviously was not working and earning an income for several years, he had no requirement to file a tax return personally and this again can be explained at the interview.

Vidt

Thank you for all the responses. Apologies if I mistyped the question.
Agreed, 2007 and 2008 I was listed as a dependant, after that I have been filiing taxes under married filing jointly.

Giantaxe

So if someone files a tax return of their own but is also claimed as a dependent on someone else's return, by your argument they will have filed two returns And, yes, that scenario is perfectly possible and the reason why there is a box on line 6a of form 1040 (2017) that says "If someone can claim you as a dependent, do not check box 6a".

Bottom line: being claimed as a dependent on someone else's tax return is not the same as filing a return yourself. There are many circumstances where the latter is required even though the former applies.

Rete

Yes, I know this and understand this as I had filed for nearly 20 years as "head of house" and during some of those years one or both of the children had p/t jobs and filed returns to get a refund of their money paid into IRS and NYS and I claimed them as dependents on my taxes. If you read the definition on the IRS site of what constitutes a dependent, you have to pay x amount of money for their support.

I still stand by my viewpoint as this young man did not work, did not earn any money, and had no legitimate reason for file a tax return on his own. But because his in-laws were supporting by housing him, feeding him, buying his necessities for nearly two years, he was a dependent and being placed on their tax as such is the same IMHO as having filed. His presence was thereby known to the IRS.