Thai gov. to tax (remitted) income from abroad for tax residents starting 2024 - Part II

[Mike Teavee]

57 minutes ago, Presnock said:

Fraud is still fraud by any definition.  If one fails to advise banks of their current address or change of address in order to avoid paying any taxes, that is by definition FRAUD! in any country, Germany or the US too.

The fraud part is the evading (not avoiding) tax, the not telling your bank your current address is not fraud unless you are doing so to gain some other financial advantage (e.g. A UK guy might not want it known that they live in Thailand as their State Pension might be frozen) & then it's that which is the Fraud part. 

 

One of my UK bank's would close my account (well more accurately move me to an International account) if they knew that I lived in Thailand but as I have a Correspondence Address with them in the UK (touch wood) they're ok with that, their stated reason for closing non-resident accounts is that they cannot offer a full range of services outside of the UK, nothing to do with tax/fraud etc... 

 

3 years back, another of my UK Bank's asked me for a Thai Tax ID Number but I pointed out to them that the interest I got from them was < £2 pa which is reported on my UK Tax return & I wasn't going to jump through all the hoops to get one just so they could tick a box, didn't hear anything back from them - No mention/interest in knowing my Thai Address & I'm now wondering how they knew I lived here as I don't touch the account (It's a mortgage account & for the past 21 years I've kept a balance greater than what I owe so the only activity is them paying me a few pence in interest every month).

 

I did end up getting a TIN, but the 25 years Mortgage is up next March so pointless me sending it to them.

 

 

I told my Singapore bank (Citibank) that I'd moved to Thailand & they updated my address/phone number, even sent me a new debit card here but they're yet to ask me for any Thai tax ID information as I keep so little money there nowadays it's irrelevant to them.  

[MeePeeMai]

1 hour ago, Presnock said:

Not filing a tax return does not mean you're committing Tax Evasion,

 

In the USA it does.  If you have income that they can prove (via 1099 form or W2's for example), they will not come after you for a long time if you do not file your tax returns, but they WILL get you eventually.  They just lay back, watch and wait until   1.  The preponderance of evidence is obvious   2.  It's more than worth their while to charge you as they can and will take EVERYTHING YOU OWN before you even appear in court.

 

I had a good friend in the USA who followed some "Tax is voluntary / unconstitutional / not mandatory" cult and he stopped filing and paying his tax returns for many years.  They let him slide for years until 6 months before he was eligible to retire and receive his pension, then they came to his home and arrested him (and his policewoman girlfriend) for tax evasion and not filing tax returns.  The police department fired him (they had no choice).

 

They SIEZED EVERYTHING HE OWNED including all of his bank accounts, his house (and everything in it including furniture and even clothes), his boat, his motorcycles, his cars and his empty lot that was passed down to him form his father.  They auctioned off all of his personal property and kept all monies and stock etc. that he owned.  He got nothing back (even though the tax and interest/penalties that he owed were significantly less than his total net worth.  

 

He went to Federal prison for several years and when he was finally released he was broke, destitute and homeless (no pension either).  He was also charged by the State of Hawaii for tax evasion and failure to file a tax return (though I don't know what happened in that case).

 

They can and will make an example out of some folks.  That was an eyeopener for me to say the least.

 

Edited June 12 by MeePeeMai

[Presnock]

2 hours ago, Yumthai said:

I agree with providing false information will lead to legal issues.

 

I assume you see the nuance between opening a bank account with legit residence information in country A then move to country B (quitting tax residence in country A) and ignoring to update country A bank details.

 

I know countless of US Non Resident Aliens (non tax resident in US) holding US personal bank accounts opened with legit US address. It seems they are for now not facing legal charges in US.

 

Fraud and tax evasion is another matter not linked with the simple fact of holding an offshore bank account registered with local address.

 

one is supposed to update bank of a change of address.  If one does not report such acty to avoid paying taxes it is fraud.  If one does not update the address then one is also not following requirements.  Whether or not that person is ever accused of any fraud or whatever, is a different matter.  For me, like I have said elsewhere, rules are rules and I follow those rules and have done so for 77 years to date.  If you don't want to follow the rules as I always say "be my guest" or "up to you".  I am just stating my opinion.

[Presnock]

53 minutes ago, MeePeeMai said:

 

In the USA it does.  If you have income that they can prove (via 1099 form or W2's for example), they will not come after you for a long time if you do not file your tax returns, but they WILL get you eventually.  They just lay back, watch and wait until   1.  The preponderance of evidence is obvious   2.  It's more than worth their while to charge you as they can and will take EVERYTHING YOU OWN before you even appear in court.

 

I had a good friend in the USA who followed some "Tax is voluntary / unconstitutional / not mandatory" cult and he stopped filing and paying his tax returns for many years.  They let him slide for years until 6 months before he was eligible to retire and receive his pension, then they came to his home and arrested him (and his policewoman girlfriend) for tax evasion and not filing tax returns.  The police department fired him (they had no choice).

 

They SIEZED EVERYTHING HE OWNED including all of his bank accounts, his house (and everything in it including furniture and even clothes), his boat, his motorcycles, his cars and his empty lot that was passed down to him form his father.  They auctioned off all of his personal property and kept all monies and stock etc. that he owned.  He got nothing back (even though the tax and interest/penalties that he owed were significantly less than his total net worth.  

 

He went to Federal prison for several years and when he was finally released he was broke, destitute and homeless (no pension either).  He was also charged by the State of Hawaii for tax evasion and failure to file a tax return (though I don't know what happened in that case).

 

They can and will make an example out of some folks.  That was an eyeopener for me to say the least.

 

Well as mentioned elsewhere, I have paid my US taxes faithfully for 60+ years except for the 2 years in Vietnam as a soldier.  Even rich and powerful Al Capone fell due to not paying his taxes.

[Presnock]

3 hours ago, Presnock said:

In the US one also has to report that he/she has a foreign bank account on the tax forms they must file each year.  To ignoring that would be to be ignoring the tax law.

I fail to understand why one does not update their address to their bank -  I can only feel that it is because they are trying to avoid letting someone know and the only reason I can see from that on this forum and this subject is tax avoidance or evasion I sure have no idea.  It seems alot of people are getting their shorts all tangled up over something that we still do not have any clue on what the final picture is.

When I see folks intentionally not doing what is supposed to be done, and we are talking about paying taxes on in this part of the forum I can only assume since I faithfully pay my taxes and the OECD and 138 other countries said that they were signing onto this July 2023 program, was to insure that people everywhere pay their share of taxes be it in their home country or where they are a tax resident.  My opinion anyway and not trying to upset anyone, just saying what it looks like to me.

[JimGant]

2 hours ago, MeePeeMai said:

3 hours ago, Presnock said:

Not filing a tax return does not mean you're committing Tax Evasion,

 

In the USA it does.

Certainly it doesn't in the USA. If you've overwithheld, or paid estimated taxes over your final tax bill -- and thus owe no taxes -- you don't have to file a tax return. Period.

 

The wife's checklist when I croak is -- don't worry about filing a US tax return. Why? Because I've got it setup that she'll overwithhold by about $400 of what her tax bill would be, if she ever filed. Which she won't, 'cause she wouldn't have a clue how to do it; no CPAs here in Chiang Mai; just gathering 1099s online to give to the tax preparer would be impossible; and going to Bangkok, or even by mail, would cost in the neighborhood of $300-400. What a hassle. Just donate $400 to Uncle Sam, save yourself any hassle, and consider it a wash with any tax preparer fee.

 

So, unlike Thailand, where, even if you don't owe taxes you're supposed to file if assessable income is 120000 -- and there's a 2000 baht fine if you don't -- the US has no penalty, nor legal requirement, for you to file, if no taxes owed.

[MeePeeMai]

4 minutes ago, JimGant said:

Certainly it doesn't in the USA. If you've overwithheld, or paid estimated taxes over your final tax bill -- and thus owe no taxes -- you don't have to file a tax return. Period.

 

That's not true.  

 

You are still required to file your taxes even if you overpaid or will owe nothing after filing (unless you are in the under the IRS' poverty income threshold or some other exception i.e. a wounded VET on disability income etc.).

 

If you overpaid via quarterly estimated taxes or they will owe you a tax refund, then you won't be facing any penalties or interest for not filing before the on or about April 15th deadline (on or about Oct. 15 for expats automatic extension), but you are still required to file unless you meet one of the IRS' exemptions.

 

However, if they owe you a tax refund and you wait 3 years or more to the day to file for it (from that particular years deadline to file) you will not get that refund as their "statute of limitations for claiming your refund"  has expired.  No statute of limitations if you own them money (unofficially it's 10 years but they will haunt you the rest of your life for it).

 

Have you ever gone several years without filing your taxes and then tried to file the current year because you now owe tax that year or you have a decent tax return on it?  I have.

 

The IRS will NOT ACCEPT you current year tax return until you file the previous years returns which have not yet been filed.  I've been there and done that. I have experienced it first hand.

 

So unless the IRS is getting "soft" on us (which I highly doubt), then what you said is absolutely false.  PERIOD.

 

 

 

[MeePeeMai]

30 minutes ago, JimGant said:

The wife's checklist when I croak is -- don't worry about filing a US tax return. Why? Because I've got it setup that she'll overwithhold by about $400 of what her tax bill would be, if she ever filed. Which she won't, 'cause she wouldn't have a clue how to do it; no CPAs here in Chiang Mai; just gathering 1099s online to give to the tax preparer would be impossible; and going to Bangkok, or even by mail, would cost in the neighborhood of $300-400. What a hassle. Just donate $400 to Uncle Sam, save yourself any hassle, and consider it a wash with any tax preparer fee.

 

Your probate estate in the USA (should you have any money, stocks, bonds, IRA accounts or property there etc.) CANNOT be settled or finalized until your final years taxes have been submitted and accepted by the IRS.  Especially if they think there are, or could be taxes owed for that year or prior years.  This is common knowledge.

 

I use Turbo tax and one of the questions is "Are you filing this return for a person who is now deceased?"  If yes, they will allow someone else to file for the deceased party (spouse/family member/your executor/accountant etc).

 

If you have nothing in the USA and have a Thai will then I suppose you are okay in your planning for your eventual death here. Mai Pen Rai

 

But if you have any assets in the USA, your final tax return MUST be filed in order to finish the probate process there in the USA.

 

 

[JimGant]

17 minutes ago, MeePeeMai said:

You are still required to file your taxes even if you overpaid or will owe nothing after filing (unless you are in the under the IRS' poverty income threshold or some other exception i.e. a wounded VET on disability income etc.).

Or, you have over $400 in income from self employment; $108.28 of church wages, from a church that doesn't pay social security taxes. Yes, a few exceptions I ignored, as the target audience are US expats. Also, this position on no need to file, if no taxes owed, is fully vetted by the CPA organization I belong to.

[MeePeeMai]

1 minute ago, JimGant said:

Also, this position on no need to file, if no taxes owed, is fully vetted by the CPA organization I belong to.

 

So if a person...  let's just say Donald Trump or Jeff Bezos for example, overpaid their quarterly estimated taxes and would thereby NOT owe any additional Federal taxes on their personal income taxes, or would be even due a refund, would not be required to file a tax return?

 

This is an extreme example I am using but THIS is what you said:

 

28 minutes ago, MeePeeMai said:

in the USA. If you've overwithheld, or paid estimated taxes over your final tax bill -- and thus owe no taxes -- you don't have to file a tax return. Period.

 

Is this statement that you made True or FALSE?

 

[JimGant]

12 minutes ago, MeePeeMai said:

But if you have any assets in the USA, your final tax return MUST be filed in order to finish the probate process there in the USA.

 

Plenty of assets in US -- all exempt from probate, as they're financial, and have designated beneficiaries (IRAs, insurance), or are Pay on Death (POD) -- Totten Trust.

 

Wife will already have a problem with my demise, as she's completely computer illiterate. Having her being able to avoid the tax problem -- should ameliorate  the situation somewhat.

[JimGant]

2 minutes ago, MeePeeMai said:

Is this statement that you made True or FALSE?

True

[MeePeeMai]

If any US citizen thinks that they over withheld or paid too much in estimated quarterly taxes, it is not up to that taxpayer to decide that.  The IRS ultimately decides whether or not this is the case (via an individual person's tax return and a the possibility of an audit), otherwise if we feel free to exclude ourselves from filing (because we don't owe any more money) then everybody would do it.

[MeePeeMai]

7 minutes ago, JimGant said:

Wife will already have a problem with my demise, as she's completely computer illiterate. Having her being able to avoid the tax problem -- should ameliorate  the situation somewhat.

 

I understand but the IRS doesn't. 

 

I could be wrong about this one but I don't believe that your wife can inherent your IRA (as a beneficiary) or any other probate free assets in the USA until your Federal taxes are complete for your final year (and she'll need your death certificate).  It must be shown that there will be no final taxes due on your estate - "probate free" or not.

 

My sister went through this when her husband died.

[MeePeeMai]

Have a look at this link (for example)

 

https://fastercapital.com/content/Inherited-IRA-for-Non-U-S--Citizens--International-Considerations.html#Understanding-the-Inherited-IRA-for-Non-USCitizens

 

There may be "withholding requirements" from the inherited IRA for example... and if your wife has a Green Card then it will be less complicated because of the double tax treaty etc. but I don't see how she can avoid seeing to it somehow that your last return is submitted to the IRS.

 

Your International tax experts should be able to file for you (her) if needed.  For a small fee of course.

Edited June 12 by MeePeeMai

[JimGant]

2 minutes ago, MeePeeMai said:

If any US citizen thinks that they over withheld or paid too much in estimated quarterly taxes, it is not up to that taxpayer to decide that.

Are you familiar with spreadsheets? I certainly have the data to project this year's taxes on my projected income; and how much withholding I need -- plus some extra withholding to cover non-1099 income, like my interest on Bangkok Bank savings account. When I set up my wife's W4, this will automatically increase with inflation, just as with new tax rates. Thus, that $400 buffer I've built in - using the the "extra withhold" on the W4-- will be self-adjusting.

 

The IRS will actually send you a IRS prepared tax return -- if their data from 1099s exceeds what they show from your withholding/estimated tax data. So, yeah, the the final authority on whether or not your withholding exceeded your tax bill -- is the IRS, as you say. I say: Most of us will have all the info needed to compare our future tax bill to our annual withholdings. And, thus, make sure the withholdings exceed that projected tax bill. And don't file, if you have a good reason not to.

[Presnock]

1 hour ago, JimGant said:

Certainly it doesn't in the USA. If you've overwithheld, or paid estimated taxes over your final tax bill -- and thus owe no taxes -- you don't have to file a tax return. Period.

 

The wife's checklist when I croak is -- don't worry about filing a US tax return. Why? Because I've got it setup that she'll overwithhold by about $400 of what her tax bill would be, if she ever filed. Which she won't, 'cause she wouldn't have a clue how to do it; no CPAs here in Chiang Mai; just gathering 1099s online to give to the tax preparer would be impossible; and going to Bangkok, or even by mail, would cost in the neighborhood of $300-400. What a hassle. Just donate $400 to Uncle Sam, save yourself any hassle, and consider it a wash with any tax preparer fee.

 

So, unlike Thailand, where, even if you don't owe taxes you're supposed to file if assessable income is 120000 -- and there's a 2000 baht fine if you don't -- the US has no penalty, nor legal requirement, for you to file, if no taxes owed.

US taxes can be efiled too and easy to fill out the forms...believe the IRS is extending that overseas ....check out free filing even.  If you have a stateside address, turbotax will fill it out for you.

 

[MeePeeMai]

2 minutes ago, JimGant said:

Are you familiar with spreadsheets? I certainly have the data to project this year's taxes on my projected income; and how much withholding I need -- plus some extra withholding to cover non-1099 income, like my interest on Bangkok Bank savings account. When I set up my wife's W4, this will automatically increase with inflation, just as with new tax rates. Thus, that $400 buffer I've built in - using the the "extra withhold" on the W4-- will be self-adjusting.

 

The IRS will actually send you a IRS prepared tax return -- if their data from 1099s exceeds what they show from your withholding/estimated tax data. So, yeah, the the final authority on whether or not your withholding exceeded your tax bill -- is the IRS, as you say. I say: Most of us will have all the info needed to compare our future tax bill to our annual withholdings. And, thus, make sure the withholdings exceed that projected tax bill. And don't file, if you have a good reason not to.

 

That's fine for this year (assuming you don't die this year but...  your final year is a different story, especially with regard to your wife being a foreign citizen (I assume).

 

It can get very complicated.

 

I don't know your personal situation or the amounts in your IRA etc. but there may (or probably will be) Federal taxes due on the Inheritance of your IRA (traditional IRA?).  I know that the double tax treaty in Thailand comes into play but regardless, Uncle Sam wants to make sure he gets his piece of your pie (however small or large it may be) and there is automatic withholding of Federal taxes on the inherited IRA (which will be kept until such time it is determined how much your wife would owe on the proceeds).

 

If your international tax advisor is telling you otherwise then you might want/need a second professional opinion from an International Tax Attorney specializing in foreign nationals inheriting IRA's and other assets in the USA .

 

Your wife might need to get a T.I.N. from the IRS and file herself for the year in which she inherits your IRA and estate in the USA.

 

We all want to make it easier on our loved ones when we check out but the bureaucracy continues even after we're gone (unfortunately), and foreign nationals inheriting US assets are a complicated affair.

 

I was married to a Thai for 5 years and I looked into all of this trying to get my estate in order and ready to leave everything to her as painless as possible.  You are right, your wife will never be able to navigate this all on her own.  She probably needs qualified and competent assistance to get everything done after you die.

 

I'm not beating the horror drum here, I'm just saying that your final plan sounds like it needs further guidance than just overpaying your taxes and telling your wife not to file a final year return etc..

 

There are many things to consider if leaving it all to your wife and further research on "Thai or Foreign Nationals inheriting IRAs etc." and what's involved in the process.

[Mike Teavee]

4 hours ago, MeePeeMai said:

In the USA it does.  If you have income

If you have income.., 

 

And if you don’t have income it’s not fraud. 
 

I feel like a stuck record here but not filing a Tax Return does not mean that you are guilty of Tax evasion in any country.

 

Edited June 12 by Mike Teavee

[MeePeeMai]

There is a 30% IRS mandated Federal withholding on IRA's inherited by foreign nationals.

 

https://www.irs.gov/retirement-plans/plan-distributions-to-foreign-persons-require-withholding

 

So if your Thai wife inherits your IRAs in the USA and they deduct 30% Federal withholding on the totals there are procedures and forms that need to be filed... unless of course, she just lets the IRS just keep all that money. 

 

There may also be Thai taxes due (I don't remember but I recall some issues with Thai tax when Thais Inherit "foreign assets").  Read your double tax treaty to figure it all out.

 

If you really want to set things up to make it easier on her then you need facts from someone who specializes in foreign citizens inheriting assets in the USA.  Your International CPA sounds like they are out of the loop (so to speak).

 

 

[MeePeeMai]

1 minute ago, Mike Teavee said:

If you have income.., 

 

And if you don’t have income it’s not fraud. 
 

I feel like a stuck record here but not filing a Tax Return does not mean that you’re evading paying Tax.

 

 

I never mentioned FRAUD in any of my posts.  You must have me mixed up with another poster.

 

But to respond to you, YES if you have no income you are not required to file a US tax return (obviously).

 

If you read what I said, I merely stated that if you have income, and you are above the IRS' poverty threshold, and you are not covered by any filing exemption such as a disabled VET getting disability etc. etc. etc.

 

THEN you are required to file a tax return (even if you overpaid your estimated taxes or withheld too much from your salary).  Poster Presnock believes that you are not required to file a tax return (at any income level) as long as you don't owe any ADDTIONAL tax to the IRS.  That is false. 

 

"Failure to file a tax return" is a separate charge from "Tax Evasion" or "Filing a false Tax Return" though sometimes they obviously go hand in hand and some are tried and convicted on one or more of those charges.  It depends on if you willfully conceal income or file a false tax return to "evade" taxes or simply refuse to file but otherwise are not evading paying your taxes.

 

Again like I posted above, if you do not owe any "ADDITIONAL" taxes (over and above what you have already paid) then there will be NO PENALTIES OR INTEREST due for "Filing Late" or missing the deadline to file but you are still required to file your taxes (in that case)... okay file late no problem.

 

 

 

 

[Mike Teavee]

24 minutes ago, MeePeeMai said:

 

I never mentioned FRAUD in any of my posts.  You must have me mixed up with another poster.

 

But to respond to you, YES if you have no income you are not required to file a US tax return (obviously).

 

If you read what I said, I merely stated that if you have income, and you are above the IRS' poverty threshold, and you are not covered by any filing exemption such as a disabled VET getting disability etc. etc. etc.

 

THEN you are required to file a tax return (even if you overpaid your estimated taxes or withheld too much from your salary).  Poster Presnock believes that you are not required to file a tax return (at any income level) as long as you don't owe any ADDTIONAL tax to the IRS.  That is false. 

 

"Failure to file a tax return" is a separate charge from "Tax Evasion" or "Filing a false Tax Return" though sometimes they obviously go hand in hand and some are tried and convicted on one or more of those charges.  It depends on if you willfully conceal income or file a false tax return to "evade" taxes or simply refuse to file but otherwise are not evading paying your taxes.

 

Again like I posted above, if you do not owe any "ADDITIONAL" taxes (over and above what you have already paid) then there will be NO PENALTIES OR INTEREST due for "Filing Late" or missing the deadline to file but you are still required to file your taxes (in that case)... okay file late no problem.

 

 

 

Posted 5 hours ago (edited)

\  7 hours ago, Presnock said:

Not filing a tax return does not mean you're committing Tax Evasion,

 

In the USA it does.  If you have income that they can prove (via 1099 form or W2's for example), they will not come after you for a long time if you do not file your tax returns, but they WILL get you eventually.  They just lay back, watch and wait until   1.  The preponderance of evidence is obvious   2.  It's more than worth their while to charge you as they can and will take EVERYTHING YOU OWN before you even appear in court.

 

 

 

Apologies for the crappy "Quoting" but the post I tried to quote took me back to the start of the thread so I your post...  

 

Tax evasion is Fraud. Agreed, and I'm glad we agree that not-filing a Tax return if there is no tax to pay is not fraud/evasion... which has been my point all along... 

 

 

 

Edited June 12 by Mike Teavee

[MeePeeMai]

4 minutes ago, Mike Teavee said:

If you have income that they can prove (via 1099 form or W2's for example), they will not come after you for a long time if you do not file your tax returns,

 

And what about the word FRAUD?

 

"Tax evasion" is not Fraud.  I never said it was.

 

Here, read this post once again so you can understand... it's simple really-

 

31 minutes ago, MeePeeMai said:

But to respond to you, YES if you have no income you are not required to file a US tax return (obviously).

 

If you read what I said, I merely stated that if you have income, and you are above the IRS' poverty threshold, and you are not covered by any filing exemption such as a disabled VET getting disability etc. etc. etc.

 

THEN you are required to file a tax return (even if you overpaid your estimated taxes or withheld too much from your salary).  Poster Presnock believes that you are not required to file a tax return (at any income level) as long as you don't owe any ADDTIONAL tax to the IRS.  That is false. 

 

"Failure to file a tax return" is a separate charge from "Tax Evasion" or "Filing a false Tax Return" though sometimes they obviously go hand in hand and some are tried and convicted on one or more of those charges.  It depends on if you willfully conceal income or file a false tax return to "evade" taxes or simply refuse to file but otherwise are not evading paying your taxes.

 

Again like I posted above, if you do not owe any "ADDITIONAL" taxes (over and above what you have already paid) then there will be NO PENALTIES OR INTEREST due for "Filing Late" or missing the deadline to file but you are still required to file your taxes (in that case)... okay file late no problem.

 

 

[Mike Teavee]

14 minutes ago, MeePeeMai said:

 

And what about the word FRAUD?

 

"Tax evasion" is not Fraud.  I never said it was.

 

Here, read this post once again so you can understand... it's simple really-

 

 

Not sure I ever used the word Fraud unless I quoted somebody else, my position has always been... No Tax due, Not file a return, not committing Tax evasion - Don't even need to mention the word "Fraud" 

 

I'm simply saying that not filing a Tax Return does not mean you are committing tax evasion - You chose to post "It is if there is income" well no <deleted> sherlock, it's tax evasion if you choose not to declare income...   

 

BTW The quote you quoted was your's... not mine... 

 

Edited June 12 by Mike Teavee

[MeePeeMai]

1 hour ago, Mike Teavee said:

If you have income.., 

 

And if you don’t have income it’s not fraud. 
 

I feel like a stuck record here but not filing a Tax Return does not mean that you are guilty of Tax evasion in any country.

 

 

In your response to me you mentioned that "if you don't have any income it's not fraud"  

 

"Not filing a tax return does not mean you are guilty of tax evasion" is indeed true.... 

 

UNLESS you are not filing tax returns in order to prevent paying the taxes that you would have owed had you filed your tax returns.  Simply not filing because you don't owe taxes is not tax evasion. 

 

Failure to file tax returns when you owe taxes is tax evasion if they can show a pattern of someone not filing their tax returns in order to avoid paying the taxes due (though this might be reserved for those with large outstanding tax liabilities).  Failure to file is a separate charge.

[MeePeeMai]

15 minutes ago, Mike Teavee said:

sherlock

 

That was unnecessary but I take it as a compliment, thanks

🙏

[Mike Teavee]

Just now, MeePeeMai said:

 

In your response to me you mentioned that "if you don't have any income it's not fraud"  

 

"Not filing a tax return does not mean you are guilty of tax evasion" is indeed true.... 

 

UNLESS you are not filing tax returns in order to prevent paying the taxes that you would have owed had you filed your tax returns.  Simply not filing because you don't owe taxes is not tax evasion. 

 

Failure to file tax returns when you owe taxes is tax evasion if they can show a pattern of someone not filing their tax returns in order to avoid paying the taxes due (though this might be reserved for those with large outstanding tax liabilities).  Failure to file is a separate charge.

Agreed 100% & that's been my point for many posts on this thread...

 

Peace 🙂 

[Mike Teavee]

Just now, MeePeeMai said:

 

That was unnecessary but I take it as a compliment, thanks

🙏

Lol, you should... I love Sherlock (Holmes) , I grew up on (Sir) Conan Doyle & he's never been replaced in my favourite books to read, shows//movies to watch 🙂 

[MeePeeMai]

Just now, Mike Teavee said:

Lol, you should... I love Sherlock (Holmes) , I grew up on (Sir) Conan Doyle & he's never been replaced in my favourite books to read, shows//movies to watch 🙂 

 

Me too, love him - 

 

Have a great evening and thanks for the company!!

[JimGant]

2 hours ago, MeePeeMai said:

Have a look at this link (for example)

Irrelevant. Wife is US citizen.

 

2 hours ago, MeePeeMai said:

I could be wrong about this one but I don't believe that your wife can inherent your IRA (as a beneficiary) or any other probate free assets in the USA until your Federal taxes are complete for your final year (and she'll need your death certificate).  It must be shown that there will be no final taxes due on your estate - "probate free" or not.

Again, wife is US citizen.