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State tax late filing and N400 question. Pl. help!!!

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  • State tax late filing and N400 question. Pl. help!!!

    Hi all

    In mid February when i called up IRS and the 5 state tax agencies to do a fmal review of the tax account before filing N400 I found out that my 2008 Indiana part yr resident tax return hadn't been processed at all. The reason given to me was that the return may not have been received at all. (Indiana only accepts only paper returns for part yr filings). As I had maintained mycopy of the 2008 tax return I faxed that back to Indiana DOR along with a check of the taxes I owed back then. Since then the state tax agency has confirmed that they received the return and have it on file as of feb 20 2012 and have even cashed my tax due check as of march 12 2012. However when I call them up to confirm if my tax account is now all set and clear they also state that they're still processing the return and it may take another 14 - 16 weeks for it to complete. As such unless they completely process it I can't be sure of whether they will caculate any more penalties than what's have already calculated and included in my check.

    As per today the status of my tax return is " it's on file as of feb 20 2012 and the tax due check as been cashed as of march 12 2012. The tax return is still being processed and I don't have any balance as of today."

    In regards to the above how should I answer the following questions on N400:

    1. Have you ever failed to file required federal, state and local taxes since becoming permanent resident?

    (I wld think the answe r is NO as now all my taxes are on file.)

    2. Do you owe any federal, state or local taxes?

    (As of today I don't owe any. However between now and the time of interview if Indiana DOR comes back with any more penalties then technically I would even though i have all the means to make any payment in full to clear the balance. Hence is what I am not sure how to answer. As of today it would be NO.)

    Now even if I answer. NO to both the questions above do I put in any written explanation I regards to the situation above and / or attach any supporting documentation.

    Lastly, do I wait for the tax department to finish processing the tax return before I file the N400.

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