Income taxes are due on April 15. After a long cold winter, when the air turns a bit warmer and people start looking for some green… it’s income tax season! Immigrants often face special tax challenges. There are a lot of tax preparers out there, and many of them are ready to help. However, Massachusetts doesn’t have a licensing program or any other specific training requirements for someone to call themselves a tax preparer. So the preparer may not always have all the answers.
I’m not a tax professional, so I can’t advise you on how to do your tax return. However, USCIS and the Immigration Court often look at tax returns for immigration purposes. For example, USCIS might look to see whether a married couple has filed taxes together, or whether a sponsor has enough income to meet the requirements. Here are some common questions and answers related to immigrants’ tax returns.
I don’t have papers to work in the US, and I got paid only in cash this year. Do I still have to file taxes?
You usually have to file taxes for most types of income, even if it’s in cash and you’re not supposed to be working. See https://blog.turbotax.intuit.com/taxes-101/when-and-how-to-file-cash-income-5118/. Filing taxes can also help your immigration case in the future, because for certain types of applications you will need to show proof that you’ve filed taxes. A qualified tax preparer can help you figure out how to report cash payments.
But I don’t have a Social Security number. How can I file?
You can get an Individual Tax Identification Number (ITIN). Your tax preparer may be able to help you with that by filing a W-7 form. For the fastest service, go to an Acceptance Agent, who can review your documents in person. Otherwise, you’ll have to send them to the IRS by mail. For a list of Acceptance Agents, click here: https://www.irs.gov/
Can I list my seven nieces and nephews as dependents, and file as Head of Household? I’ll get a great refund!
It depends on whether those people actually qualify. Please don’t file taxes like this unless your situation is appropriate. It may get you a bigger refund, but it can cause you other problems in the long run. For example, if you are trying to prove your marriage for immigration, in most cases you’ll want to file taxes as married so you can show the returns to USCIS. And if you haven’t seen those nieces and nephews in years because they live in another country, you might have a hard time explaining that to an immigration judge.
Someone called me and said that if I don’t pay the IRS, I’m going to be arrested and sent to court, and then deported. Is this real?
NO. It’s a scam! Unfortunately, these fraudsters tend to target new immigrants who aren’t as familiar with how US tax laws work. Usually, the IRS will send you a letter. They will definitely not call you to threaten you with deportation. For more info on tax scams, click here: https://www.irs.gov/
Where can I get help with my taxes?
If you earn $55,000 or less, you may be able to get FREE tax help. Check here for more info, or talk to your city government: https://www.irs.
My taxes are all set. Where can I get help with immigration?
Best wishes with your taxes!