In my Consulta Migratoria® column this week, I answer a question from an undocumented immigrant who wants to know if not filing taxes in the United States can hurt him.
Each case is different and the answers vary depending on each person's immigration history.
Here I provide general answers to your questions. Please consult with an immigration attorney to receive personalized legal advice before starting any procedure.
This is the column:
I have lived and worked illegally in the United States since 2015. I have been paid in cash and have not filed a tax return. Would this affect me when I apply for permanent residency? -Fernando A.
Fernando, if you work and earn a certain amount of money and do not file a tax return it could affect you if you ever try to file an application for permanent residency or U.S. citizenship.
By law, citizens, resident aliens and non-resident aliens (non-resident aliens) U.S. citizens are required to file an income tax return with the Internal Revenue Service (IRS) depending on the amount of their income, their marital status, age and certain other conditions.
For 2018 for example, the IRS requires single individuals, under age 65 with income of $$12,000 or more to file a tax return.
If a person is required to file a tax return and fails to do so, he or she may be subject to civil and criminal penalties, including fines and even imprisonment.
Undocumented individuals who fall within the income parameters and conditions set by the IRS must also file a tax return. The government considers that undocumented immigrants are earning money in the country, but by living here, they are making use of public schools for their children, hospitals, roads, citizen protection services such as police and firefighters, and other benefits. Therefore, it is incumbent upon them to pay their share of the annual tax contribution to cover these expenses.
Since undocumented immigrants do not have a social security number, they can file their return using a Individual Taxpayer Identification Number, known as ITIN, for its acronym in English. The IRS issues the number, which only serves to file a tax return and not to work legally in the United States.
It is extremely important that everyone who has to file a tax return does so. This avoids problems with the IRS.
Failure to file taxes could also disqualify people seeking to become permanent residents or U.S. citizens, since under certain circumstances, failure to file taxes could be considered moral misconduct. And those procedures require proof of good moral character in order to be approved.
Fernando, I recommend that you consult with a licensed and experienced accountant to determine if you have to file a tax return for each year you have worked in the United States. The accountant can also help you obtain an ITIN if you need one.
Be sure to keep copies of all the tax returns you file. These documents will help you prove that you have paid your taxes and how long you have lived in the United States.