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  #1  
Old 08-06-2006, 02:19 PM
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Join Date: Oct 2005
Location: Texas
Posts: 2

Income tax not filed for 2005


What is the name of your state? WasTexas in 2005. Now I am in New Jersey.

I came to USA in fal 2004, got my green card in summer 2005.

All the time I was here I was a stay at home wife and mother.

For 2004 my now ex-husband and I filed our income tax returns jointly.

In 2005 we seperated and I got divroced in Jan. 2006.
I had no income through out the year 2005. And for a few months I went back to my home country.

I did not know that even if my income is zero $ I still have to file my income tax returns.
Now that I do know I would like to do it. But what should I need to know before doing it and how should I do it.

I would really appreciate any helpful guidance and advice.
  #2  
Old 08-06-2006, 05:38 PM
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Join Date: Aug 2002
Location: Washington
Posts: 3,484
You should file a 2005 return as married filing separate, since you had no income. Download a form 1040 from [url]www.irs.gov[/url] & fill out the top, check 'married filing separately', enter 0 for wages/total income/AGI/tax, & sign it. Mail to Philadelphia, PA.

For 2006, you'll file as single (or maybe head of household if you qualify). Since you're out of the country, you should file every year even when you don't have to because your income was low -- it notifies the IRS that you had no income & makes returning to the US easier.
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  #3  
Old 08-06-2006, 07:17 PM
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Join Date: May 2004
Posts: 41,299
Quote:
Originally Posted by abezon
You should file a 2005 return as married filing separate, since you had no income. Download a form 1040 from [url]www.irs.gov[/url] & fill out the top, check 'married filing separately', enter 0 for wages/total income/AGI/tax, & sign it. Mail to Philadelphia, PA.

For 2006, you'll file as single (or maybe head of household if you qualify). Since you're out of the country, you should file every year even when you don't have to because your income was low -- it notifies the IRS that you had no income & makes returning to the US easier.
I disagree. She had no income therefore she is not required to file....and how much you want to bet that her husband included her (and her children) on his tax return even though they were separated and actually divorced at the time that he filed??

She stated in her original post that she lives in New Jersey now, so filing just to establish a record of no income, is not necessary.
  #4  
Old 08-06-2006, 08:45 PM
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Join Date: Aug 2002
Location: Washington
Posts: 3,484
I disagree. Filing her own return accomplishes 3 things. First, it starts the statute of limitations running, so the IRS/NY can't come after her in future saying "We show you had income of $XXX in 2005, please send us $4,812." Second, it prevents her from being liable for any taxes on her ex's income & puts the IRS on notice if her ex tried to file jointly & forged her signature. (She can file separately & he can still claim her personal exemption amount if she had no US-source income. He just doesn't get the MFJ rates.) Third, she'll need tax returns if she ever wants to deal with the US gov't immigration folks again.
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  #5  
Old 08-06-2006, 11:45 PM
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Join Date: May 2006
Posts: 79
Couldnt agree more.....need to file to indicate married separate in case ex files jointly and reports erroneiously.....innocent spouse provisions could help in that case, but why have to potentially go thru that hassle.
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