Exemption Form IRS Tax Return Submission
Q.To start with, a short background; I am a UKC and my wife of 12 years is a USC and we live in England. We are immigrating to USA on I130-DCF London process. Part of the process is to complete an affidivat of support form and on there they ask for last 3 US Tax Returns for my wife. Well my wife has never worked in US as left there when 15 years old. Have phoned IRS in USA twice over last few months and explained the situation and what we are doing. She spoke to two different people and they said she is exempt from FILING US Tax Returns because she left the US as a child and has never earnt a penny in the US (we understand the situation that it is worldwide income that counts and she explained this to them and said she has earnt money in UK, etc etc.). We have a recent letter from the IRS showing that my wife had no income recorded with them and has not filed tax returns for last 3 years (which was a request by us to provide proof that she did not have to file but did not say categorically that she was exempt from filing). However, when we phoned the 2nd time recently and asked again to make sure she did not have to file, they again said no, she did not have to file. So we asked for a letter from them clearly stating she was exempt and the reasons for this. Of course, good old government department, "we can not issue such a letter the one you have is fine." Anywho, we then spoke to the London Embassy help line at ?.30 per min and they had never heard of this situation before. If any one has had this experience and was in a similar situation to the one we are in, we would appreciate very much if they could tell us how they did it and whether there were any issues at the Visa interview, etc. We have no issue with filing as I doubt she would have to pay any US tax. However, to start this process and file 20 years????? or 3 years???? tax returns and find all UK income info etc etc for 20 years??? or even 3 years and get help to fill them in, could take some time and if we do not need to, then that would be more efficient.
A.No US citizen is exempted from filing income tax no matter how long ago or where your income was. Fortunately I believe that US and UK signed tax treaty a number of years ago, your wife only has to pay her income tax in UK but must file with IRS nevertheless. So, for the long term, I would suggest to contact IRS and explained your wife situation (ie: to file for the past 'x' years as worldwide income) and get clearance from them. In the mean time the letter from IRS is good enough for immigration purpose. I've never been in your situation before, but, your wife can file back taxes for the last 3 years. The good news is that she won't owe any US taxes. She'll need to file an IRS form 2555-EZ with her taxes so that she'll be exempt from any US income tax.
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