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    Unfiled returns for non-citizen

    This is a strange case. New client is from Brazil, mid 20’s, who is engaged to a long term client. New client has both an ITIN and a SSN. They have worked since 2009 and earned $30k to $80k per year reported on a 1099 as non-employee compensation. Even after they obtained the SSN they continued to use the ITIN so all the income is reported under the ITIN. Now they want to apply for citizenship but they have to show all taxes are filed and paid. No tax returns have ever been filed under ITIN or SSN. So question 1 is do I use the SSN or ITN on the returns? I’m thinking SSN since that is what they will use going forward but it will result in a mismatch leaving the 1099’s un-cleared from the system. Question 2, which is more legal in nature, will the fact that they will likely have to file an OIC to resolve the issue have a negative impact on their citizenship application? I can’t imagine it won’t but have no basis for that opinion.
    In other words, a democratic government is the only one in which those who vote for a tax can escape the obligation to pay it.
    Alexis de Tocqueville

    #2
    Vist local office

    Refer to half way down the page on attached link

    Learn how to get an Individual Taxpayer Identification Number (ITIN) from outside of the United States, review ITIN information for tax professionals and more.
    Always cite your source for support to defend your opinion

    Comment


      #3
      I believe the form for applying for citizenship specifically asks if you have any outstanding tax debt owed the government. It has to do with their "good moral character" position. I'm pretty certain this won't be THE determining factor in whether they get rejected for citizenship but it will be a consideration. Doing an OIC or instituting a payment plan and sticking to it should mitigate most / all of those negatives.

      Comment


        #4
        Originally posted by TAXNJ View Post
        Refer to half way down the page on attached link

        http://www.irs.gov/Individuals/Addit...IN-Information
        Good information, thanks.
        In other words, a democratic government is the only one in which those who vote for a tax can escape the obligation to pay it.
        Alexis de Tocqueville

        Comment


          #5
          Consider

          Originally posted by DaveO View Post
          This is a strange case. New client is from Brazil, mid 20’s, who is engaged to a long term client. New client has both an ITIN and a SSN. They have worked since 2009 and earned $30k to $80k per year reported on a 1099 as non-employee compensation. Even after they obtained the SSN they continued to use the ITIN so all the income is reported under the ITIN. Now they want to apply for citizenship but they have to show all taxes are filed and paid. No tax returns have ever been filed under ITIN or SSN. So question 1 is do I use the SSN or ITN on the returns? I’m thinking SSN since that is what they will use going forward but it will result in a mismatch leaving the 1099’s un-cleared from the system. Question 2, which is more legal in nature, will the fact that they will likely have to file an OIC to resolve the issue have a negative impact on their citizenship application? I can’t imagine it won’t but have no basis for that opinion.
          Question #1 - see prior post

          Question #2 - consider an Immigration Attorney for an answer

          Always cite your source for support to defend your opinion

          Comment


            #6
            I gave them the numbers of two local immigration attorneys I have worked with. Instead they called one of the "pennies on the dollar" law firms. I can see this case is going to be a tough slog.
            In other words, a democratic government is the only one in which those who vote for a tax can escape the obligation to pay it.
            Alexis de Tocqueville

            Comment


              #7
              Hope

              Originally posted by DaveO View Post
              I gave them the numbers of two local immigration attorneys I have worked with. Instead they called one of the "pennies on the dollar" law firms. I can see this case is going to be a tough slog.
              Hope you received payment for your services
              Always cite your source for support to defend your opinion

              Comment

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