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Topic: not filled out US tax return since I left  (Read 4975 times)

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not filled out US tax return since I left
« on: July 02, 2015, 01:14:52 PM »
I have not filled out a US tax return since I have lived in the UK for 9 years.
Will this affect me when I apply for my new American passport?
My passport expires June 2016.
Thank you!


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Re: not filled out US tax return since I left
« Reply #1 on: July 02, 2015, 01:25:28 PM »
No, you are a US citizen.


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Re: not filled out US tax return since I left
« Reply #2 on: July 02, 2015, 02:43:17 PM »
You should be fine as they typically I'm told, unless you owe money, they aren't too fussed but the link below seems to document the "worst case scenario" situation, which could realistically have impact on getting your passport renewed..If you are sure you owe nothing though, I imagine all should go smoothyl  :)

http://www.expatarrivals.com/article/consequences-for-not-filing-us-income-taxes-as-an-american-expat
My, how time flies....

* Married in the US and applied for first spousal visa August 2013
* Moved to the UK on said visa October 2013
* FLR(M) applied for  May 2016. Biometrics requested June 2016. Approval given July 2016.
* ILR applied for January 2019 (using priority processing). Approved February 2019.
* Citizenship applied for May  2019
* Citizenship approved on July 4th 2019
* Ceremony conducted on August 28th 2019

'Mommy, Wow! I'm a legit Brit now!'


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Re: not filled out US tax return since I left
« Reply #3 on: July 03, 2015, 03:29:25 PM »
Thanks guys! Really appreaciated!  :)


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Re: not filled out US tax return since I left
« Reply #4 on: July 03, 2015, 03:34:11 PM »
Thanks guys! Really appreaciated!  :)

NP! GOOD LUCK!  ;D
My, how time flies....

* Married in the US and applied for first spousal visa August 2013
* Moved to the UK on said visa October 2013
* FLR(M) applied for  May 2016. Biometrics requested June 2016. Approval given July 2016.
* ILR applied for January 2019 (using priority processing). Approved February 2019.
* Citizenship applied for May  2019
* Citizenship approved on July 4th 2019
* Ceremony conducted on August 28th 2019

'Mommy, Wow! I'm a legit Brit now!'


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Re: not filled out US tax return since I left
« Reply #5 on: July 03, 2015, 03:45:35 PM »
If you have been required to file a US income tax return or an FBAR it would be prudent to file delinquent returns before you apply for a new US passport, which would increase the risk of the IRS or Department of Treasury being able to find you.


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Re: not filled out US tax return since I left
« Reply #6 on: July 06, 2015, 12:03:07 AM »
So even if I didn't make over the equivalent of $80,000 a year (not even close), they can still come after me just to try and squeeze any penny out of me and be the notorious thieves they are? Or take my passport away from me?!

I have not been required personally to fill out a tax return or FBAR.

It's disturbing me that they have this authority over anyone...

I will be going into self employment soon I believe ill have to file tax returns then?

This may be a bit dramatic but I get sad and annoyed. I often wonder is it really worth keeping my American Passport?!

How would I even know where to begin filing out Tax returns with proof for the last 9 years?!


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Re: not filled out US tax return since I left
« Reply #7 on: July 06, 2015, 12:46:15 AM »
When you get a US passport you agree to all the rules that come with it, and on the last page of the passport, section D, it states that all US citizens living and working abroad are required to file taxes with the IRS and it makes a reference to IRS publication 54.  It's a bit like agreeing to all the terms and conditions when we buy something - who reads all the fine print?
Dual USC/UKC living in the UK since May 2016


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Re: not filled out US tax return since I left
« Reply #8 on: July 06, 2015, 07:58:16 AM »
When you get a US passport you agree to all the rules that come with it

That's not how it works. Whether you get a US passport or not, as a citizen, you are subject to the laws of the USA. Getting a passport doesn't make you subject to more laws. Not getting one doesn't excuse you from the tax filing obligation.

There is a proposal, currently passed by the Senate, to cancel the US passports of tax delinquents. It is the subject of conference negotiations with the House. Similar previous proposals have been made but have failed to make it into law. But who knows? FATCA was slipped into an unrelated bill at the last minute and without debate. The same may happen with passport revocation.


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Re: not filled out US tax return since I left
« Reply #9 on: July 06, 2015, 09:41:49 AM »

It's disturbing me that they have this authority over anyone...

I will be going into self employment soon I believe ill have to file tax returns then?

This may be a bit dramatic but I get sad and annoyed. I often wonder is it really worth keeping my American Passport?!

How would I even know where to begin filing out Tax returns with proof for the last 9 years?!

Just wanted to say that I don't think it's that dramatic to feel that way [unless you actually act upon that feeling on an impulse]. I definitely feel that way sometimes! This year was the first year that I had absolutely NO income from the US to claim on my taxes so I was REALLY confused and my husband didn't want me to spend money to have somebody else do them but I was so fed up and confused that I kept BEGGING him to let me pay a specialist! He ended up doing most of it, painfully, and it tooks us a few times to get it right as we were either missing a random article that needed to be filed or we filled out one we didn't need. First it told us I owed money [which I didn't - but that REALLLLY p*ssed me off because I felt it wasn't right for them to have any claim over my foreign earned income] then we finally figured it out and it all balanced out to an even $0. I'd like to think that every year it gets easier/less confusing, but I am not so sure that will be the case... But yeah...you are definitely not alone with thinking sometimes it's not worth the stress [but in the end I know I don't have a choice really just now but, even if I did, probably wouldn't change it if I could].

As for proof for the last 9 years, unfortunately that is the problem with not filing for 9 years...  :(  Perhaps it is worth speaking to a specialist in this case? As I was told that there is somewhat of a "forgiveness" for expats that don't file on time - not sure what that means, but may be worth looking into as you can explain the situation and they can probably help sort it all out. Might be a bit costly, but at least you will get a little piece of mind that there will be minimal issues?
My, how time flies....

* Married in the US and applied for first spousal visa August 2013
* Moved to the UK on said visa October 2013
* FLR(M) applied for  May 2016. Biometrics requested June 2016. Approval given July 2016.
* ILR applied for January 2019 (using priority processing). Approved February 2019.
* Citizenship applied for May  2019
* Citizenship approved on July 4th 2019
* Ceremony conducted on August 28th 2019

'Mommy, Wow! I'm a legit Brit now!'


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  • Posts: 4424

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  • Joined: Nov 2012
  • Location: Eee, bah gum.
Re: not filled out US tax return since I left
« Reply #10 on: July 06, 2015, 04:40:34 PM »
When you get a US passport you agree to all the rules that come with it

That's not how it works. Whether you get a US passport or not, as a citizen, you are subject to the laws of the USA. Getting a passport doesn't make you subject to more laws. Not getting one doesn't excuse you from the tax filing obligation.

There is a proposal, currently passed by the Senate, to cancel the US passports of tax delinquents. It is the subject of conference negotiations with the House. Similar previous proposals have been made but have failed to make it into law. But who knows? FATCA was slipped into an unrelated bill at the last minute and without debate. The same may happen with passport revocation.


I agree completely.

I guess the point of my post was that the OP was asking about renewing their passport and if not filing taxes for 9 years would be an issue. Since the passport itself states that the holder should have been filing and references the IRS publication covering this, then it might be reasonable to assume that a check is made that an applicant is up to date with their taxes, particularly for those applying from overseas.
Dual USC/UKC living in the UK since May 2016


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Re: not filled out US tax return since I left
« Reply #11 on: July 06, 2015, 05:05:23 PM »
If the IRS want to pursue you for delinquent tax, they will.  If you are a citizen you can't hide, it makes no difference if you apply for a passport or not. So I wish to reiterate my first answer:

No, you are a US citizen.


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Re: not filled out US tax return since I left
« Reply #12 on: July 06, 2015, 05:51:43 PM »
There's a reason why the passport mentions the tax obligation. Many times, US expatriates would discover they should have been filing with the IRS and would say (not unreasonably) "How was I supposed to know - no other kind of expatriate has to do that!". Now they can point to this small print.

Currently, obtaining a US passport is independent of whether you have been filing taxes. But they do now require you to supply your SSID so it wouldn't be too hard for them to check if the law changes.


Re: not filled out US tax return since I left
« Reply #13 on: July 26, 2015, 06:01:35 PM »
Hello, I'm a newcomer, and so grateful to have found this forum!

I hope it's ok to post in this thread, as I also haven't filed since I left - which was in 1965! 

It never occurred to me I should file a U.S. tax return since I had no U.S. income or assets.  The warning in the passport wasn't there in those days - I just checked my expired passports and it appears after 1984.  No consular official has ever mentioned it!

I've only just found out, because when I went to open a savings account I was told I had to supply a U.S. tax reference.  I thought they were confused - but when I started googling about it, I soon learned about FATCA, and from there, to my horror, found out that I should have been filing FBARs (which I had never heard of) for 50 years! 

I have dual citizenship, so I think my best course of action is to renounce my U.S. citizenship.  Does anyone know what filing I will have to do in order to be allowed to give up citizenship?  I won't owe any taxes, I'm sure - it's just the filing.

Appreciate any advice.


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Re: not filled out US tax return since I left
« Reply #14 on: July 26, 2015, 09:44:26 PM »
To give up US citizenship you have to be up to date with your taxes. You will have to file 6 years back taxes and informational returns whatever you do.


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