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Anne
Anne, Master Tax Preparer
Category: Tax
Satisfied Customers: 2421
Experience:  Enrolled Agent with 25 Years Experience specializing Individual and Small Businesses
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I am on H1B visa and havent filed my tax return for the last

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I am on H1B visa and haven't filed my tax return for the last two years. My only source of income was my Salary and the tax would have been deducted at source. i don't think i would owe anything in taxes, just did not submit my tax return.
What can I do to rectify this?

Anne :

Hi

Anne :

Thank you for using justanswer

Anne :

Even though you may not owe tax, as a Resident Alien you are bound by the same rules as any US citizen, which is that you must report, and pay tax on, worldwide income.

Anne :

Although there is a $ limit that if you make UNDER the amount (for single filers with no other dependents, you would not have to file a tax return if your income is below $9750.00)

Anne :

You can find these limits on page 7 of http://www.irs.gov/pub/irs-pdf/i1040.pdf

Anne :

However, under an H1B visa, it would be extremely unlikely for you to make less than $9,750.00

Anne :

Additionally, if you had more withheld through your W2 than what your true tax liability is, then by not filing you will be giving up the right to claim that refund.

Anne :

You have 3 years that are considered "open".

Anne :

That means that you have 3 years from the due date of the return (plus extensions) in order to file your tax return and still be able to claim a refund .

Anne :

After that time, the IRS will keep your money, even if you were due a refund.

Customer:

How does this non filling affect my status?

Anne :

Your status as in Resident Alien status?

Customer:

Yes

Anne :

Once you gain Residence Alien status, you keep that status until you either apply for a green card, or you decide to permanantly leave the US

Anne :

Not filing does not change you're status

Customer:

Ok. Thank you.

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