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  1. #1
    Join Date
    Apr 2012
    Posts
    5

    Default U.S. Citizenship and Taxes

    Friends,
    I am planning for Citizenship and have three big issues on my end.

    1) Usage of AC21
    2) Taxes
    3) Name

    1) used AC21 for getting green card. (company a filed GC and i switch after few years to company B in same/similar position).

    2) I just found out that I didnt file my tax returns for the corporation that i owned for the last two years. Long story short, i opened an LLC corporation in 2007 closed it in 2008 and filed the final tax returns in 2009. The mistake i did was i did not formally close the corporation. Since the corporation was open/active i was suppose to file the taxes i guess. I am not sure what options are available at this time.
    I always filed my individual taxes on time and never really missed it.

    3) I have three words in my name and some times have used them back and forth. last name first and first name last.

    I am planning to apply for citizenship and worried with these three potential issues. Please advice if any of these are not worth taking a chance...What the experts here on the forums feel that i should do?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: U.S. Citizenship and Taxes

    A single member LLC doesn't typically file federal returns. It's a disregarded entity, all the money should have transferred to you as business income.
    You should figure out what your legal name really is and make sure that your official documents: Passport, Green card, Naturalization paperwork match. Fix as many of the others as you can (SSN, DL, etc..).

  3. #3
    Join Date
    Apr 2012
    Posts
    5

    Default Re: U.S. Citizenship and Taxes

    Thanks Flyingron. So you mean, i should be good from the llc? should not closing the corporation be an issue?

    My name match on my green card naturalization paper work, SSn,DL. On my passport it does not use first name/last name. They have something by surname.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: U.S. Citizenship and Taxes

    Yes, I believe you're fine. If your LLC had no receipts during the year, there was nothing to report on your federal return.
    You failed to list your state, you might be in some minor trouble with certain states (like California) but I can't imagine that would be an issue on your application.

    As long as the way it is listed on your Passport is the way they do it in the issuing country, it is most likely OK.

  5. #5
    Join Date
    Apr 2012
    Posts
    5

    Default Re: U.S. Citizenship and Taxes

    Thanks flyingron. I am planning to file the the dissolution of the corporation. This way the entity will be formally closed. I will have to pay the corporate tax fees for the entity.

    Question
    On the form where it says have i ever failed to file any taxes should i say yes or no? same goes with taxes owed? I dont owe any sales taxes but the corporate tax fees is kind of gray and not sure how i should answer on the form.

    The passport name is reversed as compare to all my immigration related document. I am planning to correct this mistake by doing a formal name change. I want to drop 1 word from 3 word name.
    Does making a name change on the application causes any delay in process of your application?

    Thanks in advance.


    Quote Quoting flyingron
    View Post
    Yes, I believe you're fine. If your LLC had no receipts during the year, there was nothing to report on your federal return.
    You failed to list your state, you might be in some minor trouble with certain states (like California) but I can't imagine that would be an issue on your application.

    As long as the way it is listed on your Passport is the way they do it in the issuing country, it is most likely OK.

  6. #6
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: U.S. Citizenship and Taxes

    Federally, you have filed all the taxes you are obligated to (presuming you did file a 1040 for any income that year.
    Some states you owe a minimum fee / tax periodically even if you don't have income. Virginia just calls it a fee, California calls it a tax (but you don't owe it on single member LLCs).

    I'm no expert on the passport matter, but I suspect as long as you submit the court order with regard to the name change, you'll probably be OK. It might delay things slightly but I can't imagine it would make any difference as to whether you get approved or not.

  7. #7
    Join Date
    Apr 2012
    Posts
    5

    Default Re: U.S. Citizenship and Taxes

    Thanks Flyingron. I truely appriciate your inputs.

    When i filed the final tax return for the corporation i did take care of adding it in my individual returns. Thereafter since there was no money in the corporation i did not include anything. As LLC are considered as a disregarded entity if there is any confusion it would be mostly realted with error in filing the tax and not as "Not filed the Tax".

    I havent received any notification from either the fed/state that i owe them.

    What do you mean by "but you don't owe it on single member LLCs". In my case, i twas a single member llc so the corporation tax/fee is not attached to me?

    thanks in advance.



    Quote Quoting flyingron
    View Post
    Federally, you have filed all the taxes you are obligated to (presuming you did file a 1040 for any income that year.
    Some states you owe a minimum fee / tax periodically even if you don't have income. Virginia just calls it a fee, California calls it a tax (but you don't owe it on single member LLCs).

    I'm no expert on the passport matter, but I suspect as long as you submit the court order with regard to the name change, you'll probably be OK. It might delay things slightly but I can't imagine it would make any difference as to whether you get approved or not.

  8. #8
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: U.S. Citizenship and Taxes

    Are you in California? The $800 franchise tax fee doesn't apply to LLCs treated as individuals (single member).

  9. #9
    Join Date
    Apr 2012
    Posts
    5

    Default Re: U.S. Citizenship and Taxes

    Nope. RI. Thanks.


    Quote Quoting flyingron
    View Post
    Are you in California? The $800 franchise tax fee doesn't apply to LLCs treated as individuals (single member).

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