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olwagner
olwagner, Enrolled Agent
Category: Tax
Satisfied Customers: 34
Experience:  I have 5 years of experience as a credit analyst and 2 years as a tax preparer. I have an advanced knowledge of issues affecting US citizens living abroad.
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I have several years of unfiled tax returns. I may have filed

Customer Question

I have several years of unfiled tax returns. I may have filed once with the IRS in my life and that was in 1995. I believe i don't owe any tax to the IRS though. I was living abroad most of the period or was student or without income. I arrive in the US in 1995 and have US citizen siince 2000. I contacted them for tax records and they couldn't find anything on me. I want urgently resolve this situation.
1995 to 1997: I was working and get W2 but never filed to claim a refund
1997 to 1999: I was student so income
1999 to 2001: I was working and get W2 but never filed to claim a refund
2001 to 2002: I didn't work
2002 to 2009: I relocated abroad, lived and worked there; I didn't file for US taxes
2009 to 2011: I relocated back to the US but didn't hold any salaried job. I was working on a startup and some of my expenses paid from an overseas company
2011 to 2012: formed a startup here- still working on a project; draw money to cover expenses but not a W2.
Please advise where i should start.
Thanks
Submitted: 1 year ago.
Category: Tax
Expert:  olwagner replied 1 year ago.

olwagner :

The statute of limitation has run out. You won't be able to get a refund for 1997 to 1999.

olwagner :

There is a 3 year limit, 2009 will be the last year for which I can get people to claim a refund. That is for people who lived abroad as of April 15, 2010, in which case the statute of limitation to ask for a refund will run out June 15, 2013. So, long story short, it's too late to get a refund of tax withheld in the 1990s

olwagner :

More to the point, the place to start is http://www.irs.gov/uac/Instructions-for-New-Streamlined-Filing-Compliance-Procedures-for-Non-Resident-Non-Filer-US-Taxpayers

Customer :

Thanks. Maybe i wasn't clear but I am really not interested in the refunds.

olwagner :

(although if you had less than $10,000 in your foreign bank accounts, and therefore don't need to file FBAR form TD F 90-22.1, you could conceivably just sent the 1040s late)

olwagner :

Sorry, didn't realized you moved back to the US.

Customer :

Sorry I pressed reply too fast: I am interested mostly in regularizing my situation. My financial records from abroad are very sketchy or inexistent.
How many years I need to file for now? What year do you suggest I shall start with?
since 2009 and until 2012, I am back in the US but don't have any W2 as I was working on a startup paid for by a foreign company; basically I had a credit card that I use and they paid for my apartment.

olwagner :

In that case, just send the 1040s. You would have tax owing in 2011 & 2012.
2009 & 2010: No tax due by using the Foreign Earned Income Exclusion and/or the Foreign Tax credit

olwagner :

From what I see, it looks like you were self-employed. So, you'll include Schedule C to show your income.

olwagner :

You also should make quarterly payment to set aside taxes that will be due the following year. Look into 1040-ES

olwagner :

Yep, you start with 2009. As I said, you likely won't owe any tax for the time you were abroad (Foreign Earned Income Exclusion and/or Foreign Tax credit)

Customer :

Do I have to file year by year of juts last 3 years or 5 years? is there a statute of limitation?
can you advise anyone who can help with the situation in more depth. I need this resolved asap.
thanks

olwagner :

Technically, there is no statute of limitation for unfilled returns, but the IRS will likely be satisfied with 3 delinquent past years.

olwagner :

Are you looking for somebody to prepare your tax returns for you or do just have follow-up questions (if so, what are they)?

Customer :

some body to prepare the tax returns

olwagner :

While Justanswer prohibits me from advertising my own services, you can find tax preparers near you on http://www.ptindirectory.com, you can also go to an HR-Block

Customer :

thanks much

olwagner :

If you want somebody familiar with expat filings, you could do a google search akin to http://www.google.com/#safe=off&sclient=psy-ab&q=1040+overseas+filings+tax+preparers&oq=1040+overseas+filings+tax+preparers

olwagner :

Sure

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olwagner
olwagner
19 Satisfied Customers
I have 5 years of experience as a credit analyst and 2 years as a tax preparer. I have an advanced knowledge of issues affecting US citizens living abroad.