Tax

Have a Tax Question? Ask a Tax Expert

Ask an Expert,
Get an Answer ASAP!

Tax
This answer was rated:

Im an American citizen living outside U.S (aboard) , I graduated

I’m an American citizen living...
I’m an American citizen living outside U.S (aboard) , I graduated in 2008 and start working, I didn't file any income tax forms since I start working in 2008, I know that there is no paid income tax till 90,000 USD for working aboard, and I only make around 21,000 USD a year, so there isn't any income tax to be paid, I want to file all the income tax forms since 2008, 09, 10, 11, 12, 2013, and send them by mail, I want to know is there any penalties for being late all these years? I left U.S. when I was 8 years old & I didn't come back till this date, I also want to know after I file & send all my income tax forms & come to U.S will I face any legal problem. What is the income tax low in my case.
Thanks
Show More
Show Less
Ask Your Own Tax Question
Answered in 11 minutes by:
8/12/2013
Arthur Rubin
Arthur Rubin, Tax Preparer
Category: Tax
Satisfied Customers: 1,561
Experience: 22 years of tax preparation experience, including individual, trust, and estate returns.
Verified

Arthur Rubin :

Normally, you are not allowed to elect the foreign earned income deduction on a late return; however, if no tax is due, you are allowed to elect the foreign earned income deduction. Furthermore, if no tax is due, there is no failure-to-file penalty.

Arthur Rubin :

In your case, if your unearned income is less than the standard deduction, then you're fine.

Arthur Rubin :

I don't know if the IRS will come after you for returns before 2008, but it sounds as if you had no income, and they usually demand only 6 years of back returns even for "tax protesters", so you should be OK, there. Note that you cannot file your tax return for 2013 until the forms are finalized, probably in early 2014.

Customer:

my father (also an American citizen) living aboard has been filing income tax so late, some times 2 years late, he send them by mail, so i was Confused what to do, I'm planing to come back to U.S. so i just want to make sure i will be in the safe side

Arthur Rubin :

By "standard deduction", I meant "standard exemption" (about $3300 for 2013). Your previous question indicated that you are married, and your wife is an NRA (non-resident alien), so you have to use MFS (Married Filing Separate), and there is no standard deduction.

Arthur Rubin :

I don't see any likelihood of criminal prosecution, even though you have technically violated the "failure-to-file" statute.

Customer:

before 2008 i was still studding in collage, and my father was filing my name in his income tax form

Arthur Rubin :

And, if you get all your returns (2008-2012) filed before you return the US, there is very little likelihood that the IRS will attempt to seize your assets, which is the other reason you might have difficulty leaving the US again.

Arthur Rubin :

If there were any tax due on a correctly filed tax return, then you would not be able to use the foreign earned income deduction/credit on a late-filed return, and you would then probably owe tax in your 2008-2012 returns. If you pay that tax, with penalties and interest, then you would be able to leave the country freely.

Customer:

but a didnt come back to U.S. since 1991 when i was 8 years old, and there is no income tax for 21K $ yearly, and I'm planing to come to U.S. and live there & work, then i will pay a monthly income tax

Arthur Rubin :

Sorry, I had a browser crash. Once you start working in the US, you will owe US taxes. But that doesn't affect any previous-year taxes.

Customer:

that's ok, so in my case i don't owe any income tax right? I'm on the safe side, i just have to file all the forms, right?

Arthur Rubin :

Yes, that's right.

Customer:

is there any important information i have to know about my case? being late to file?

Arthur Rubin :

You can file returns for 2008-2012 with the FEIC only if no tax is due on those returns. However, there is no special way to file the returns (except that returns after the extended due date (2008-2011) cannot be E-filed). All such returns are sent to the Philadelphia office, as are all returns with a non-US address.

Customer:

so there is no Violation of the law for being late to file, especially that i don't owe any income tax?

Arthur Rubin :

That's correct. Failure to file can be a criminal offense, but that doesn't apply if there is no tax due. If there were tax due, that might be different.

Arthur Rubin
Arthur Rubin, Tax Preparer
Category: Tax
Satisfied Customers: 1,561
Experience: 22 years of tax preparation experience, including individual, trust, and estate returns.
Verified
Arthur Rubin and 87 other Tax Specialists are ready to help you
Ask your own question now
Ask Arthur Rubin Your Own Question
Arthur Rubin
Arthur Rubin
Arthur Rubin, Tax Preparer
Category: Tax
Satisfied Customers: 1,561
1,561 Satisfied Customers
Experience: 22 years of tax preparation experience, including individual, trust, and estate returns.

Arthur Rubin is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response...

T.G.WMatteson, IL

I WON!!! I just wanted you to know that your original answer gave me the courage and confidence to go into yesterday's audit ready to fight.

BonnieChesnee, SC

Great service. Answered my complex tax question in detail and provided a lot of additional useful information for my specific situation.

JohnMinneapolis, MN

Excellent information, very quick reply. The experts really take the time to address your questions, it is well worth the fee, for the peace of mind they can provide you with.

OrvilleHesperia, California

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

< Previous | Next >

Meet the Experts:

Wallstreet Esq.

Wallstreet Esq.

Tax Attorney

586 satisfied customers

10 years experience

Mark D

Mark D

Enrolled Agent

1,300 satisfied customers

MBA, EA, Specializing in Business and Individual Tax Returns and Issues

Richard

Richard

Tax Attorney

4,310 satisfied customers

29 years of experience as a tax, real estate, and business attorney.

Robin D.

Robin D.

Senior Tax Advisor 4

13,695 satisfied customers

15years with H & R Block. Divisional leader, Instructor

Megan C

Megan C

Certified Public Accountant (CPA)

8,651 satisfied customers

Licensed CPA, CFE, CMA, CGMA who teaches accounting courses at Master's Level

jgordosea

jgordosea

Enrolled Agent

2,885 satisfied customers

I've prepared all types of taxes since 1987.

R. Klein, EA

R. Klein, EA

Enrolled Agent

1,839 satisfied customers

Over 20 Years experience

< Previous | Next >

Related Tax Questions
My client is a foreign corp in Slovakia with no PE in the US
My client is a foreign corp in Slovakia with no PE in the US and does not want a US subsidiary but would like to hire 2 US persons - what is the best way to do that? … read more
Robin D.
Robin D.
Senior Tax Advisor 4
Vocational, Technical or Trade School
13,695 satisfied customers
Form 886-A Deductible Home Mortgage Interest Taxpayer has
Form 886-A Deductible Home Mortgage Interest Taxpayer has $1,000,000 in Grandfathered debt. Line 9 Form 886-A - is this line amount after deducting the garandfathered debt… read more
NPVAdvisor
NPVAdvisor
CFP Licensee and Practitioner
Master's Degree
180 satisfied customers
Does a non-resident alien need to file a tax return on
Does a non-resident alien need to file a tax return on interest income received from a US business loan?… read more
NPVAdvisor
NPVAdvisor
CFP Licensee and Practitioner
Master's Degree
180 satisfied customers
1099-R with distribution code 3. Can I get an earned income credit?
If someone receives a 1099-R with a distribution code 3, can they qualify for earned income credit? The person receives his pension because he became disabled.… read more
Bizhelp
Bizhelp
Certified Public Accountant (CPA)
Bachelor's Degree
638 satisfied customers
Form 1120, cash basis. If Taxes paid to IRS are deductible,
Form 1120, cash basis. If Taxes paid to IRS are deductible, are refunds for overpayment the equivalent of income?… read more
Chad CFP ®
Chad CFP ®
Certified Financial Planner(R), Pro
Master\u0027s Degree
736 satisfied customers
I filed for an extension to file my 2017 income tax return.
I filed for an extension to file my 2017 income tax return. I recently suffered a stroke - 6 weeks ago - and have been unable to finalize my return. I should be able to file it within the next 30 days… read more
Barbara
Barbara
Enrolled Agent, Paralegal
3,483 satisfied customers
RE: FOREIGN TAX CREDIT We're filing a married joint filing
RE: FOREIGN TAX CREDIT We're filing a married joint filing tax return and have come up against some problems on form 1116. 1) Do we add both our names on the form? 2) On line 3a, it asks for certain i… read more
Barbara
Barbara
Enrolled Agent, Paralegal
3,483 satisfied customers
Client (US resident) with foreign salary and taxes paid in
Client (US resident) with foreign salary and taxes paid in foreign currency - Part II of 1116 form for some reason adds taxes paid only in US $ (line "o" through "r") - it does not take taxes paid in … read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
What tax form is filed to report dividends paid by US Corp?
What tax form is filed to report dividends paid by a US Corp which is owned by a Canadian Corp? I think it might be 1042S. I want to know the rate of WH.… read more
abci168
abci168
Principal
27 satisfied customers
Us citizen living and working in colombia SA earned income
us citizen living and working in colombia SA earned income and unearned how do i report the interest and dividends are these tax at he same rate or can you also exclude them like the earned income … read more
Chad CFP ®
Chad CFP ®
Certified Financial Planner(R), Pro
Master\u0027s Degree
736 satisfied customers
D Form 8804 and 8805 need to be filed for a foreign
D Form 8804 and 8805 need to be filed for a foreign partnership if the partnership posted a loss for the year?… read more
Barbara
Barbara
Enrolled Agent, Paralegal
3,483 satisfied customers
My question involves immigration law and tax law. Foreigner
My question involves immigration law and tax law.Foreigner comes to USA, becomes permanent resident. Had assets from before. I was told if you bring up to 100k USD per year to the USA, IRS doesn't min… read more
Robin D.
Robin D.
Senior Tax Advisor 4
Vocational, Technical or Trade School
13,695 satisfied customers
I filed my taxes in 2014. I qualified for Earned income
I filed my taxes in 2014. I qualified for Earned income credit so I was suppose to get a refund. They request addition info to verify my claims which I provided and they accepted. Here it is 2017 I ha… read more
Barbara
Barbara
Enrolled Agent, Paralegal
3,483 satisfied customers
Foreign earned income tax exemptions. My husband started
foreign earned income tax exemptions. My husband started working in the UAE in February 4, 2017. How many days is he allowed to physically visit the USA in a 12 month period to be qualified for the ex… read more
Robin D.
Robin D.
Senior Tax Advisor 4
Vocational, Technical or Trade School
13,695 satisfied customers
Can i file for earned income credit for past years 2008 to
can i file for earned income credit for past years 2008 to 2011, I had zero to $600.00 in those years and did not file. I called the I.R.S. to ask a different question and they asked me why i didn't f… read more
Matthew Breecher
Matthew Breecher
President
MBA (Graduate Legal Studies)
285 satisfied customers
I need to connect with a tax expert on foreign earned income
I need to connect with a tax expert on foreign earned income and filing back taxes … read more
Barbara
Barbara
Enrolled Agent, Paralegal
3,483 satisfied customers
When utilizing the foreign earned income exclusion and
When utilizing the foreign earned income exclusion and housing deduction on Form 2555 and coordinating with the Form 1116, the foreign tax credit must be reduced a formula for prorating tax credit ava… read more
Robin D.
Robin D.
Senior Tax Advisor 4
Vocational, Technical or Trade School
13,695 satisfied customers
What is the standard deduction for Married filing separate
What is the standard deduction for Married filing separate on the Iowa tax form 1040a line 37? … read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x