Former expat US Resident Wants to return on vacation.....
 

Hi there,

I used to live in the US around 11 years ago. I was working on an L1 visa and stayed for 6 months before I was laid off and returned to Europe. I didn't file my tax returns before leaving and I'd now like to visit the States on vacation using an ESTA visa.

My question is; will I be flagged up for not having filed my tax returns all those years ago? Could I have problems with immigration officials?

I was taxed at source, so the issue is simply one of paperwork having not been filed as far as I can see.

Would be very grateful for any advice.

Thanks and regards

Rudi

we're not lawyers OR immigration agents. If you were once in the system you may be still showing missed paperwork.

I can tell you that the IRS doesn't regard that as just missing paperwork.

I can also tell you that when the Feds finally got Al Capone - despite him being the head of a huge mob organization and committing multiple murders - what they go him for was income tax evasion.

Their tentacles CAN be anywhere.

Agree that you need to consult an attorney - since we don;t know either the legalities - or what your specific situation is. Or you can just get on a plane and hope for the best.

One indication - did you receive correspondence from the IRS about the missing filings? Or were you out of the country by then? If you never heard form then (in about 18 months after the filing was due) you are probably safe. But no guarantee.

Just curious -- didn't you have to get a "sailing permit" from the IRS before departing on your L-1 visa? I'd check with the US embassy where you live before taking a chance on getting on a plane and turning right back again.

Or maybe you overpaid and would have received a refund if you'd filed a return? Perhaps an IRS will be standing there as you get off the plane to hand you a check.

Either way, for 6 months, the amount involved must be small if taxes were deducted from your paychecks. Hope all works out well.

I think I'd go to www.irs.gov and get contact info (maybe the office nearest where you worked) and explain the situation. See how much you owe, if any, and try to get it cleared up before entering the country. Shouldn't take long.