[Samantha675]

So I lived in the UK from Dec 2001 till March of this year. I know I filed taxes for the tax year of the year I moved. But since then I have not worked, and there for not filed taxes, as my accountant mother instructed me to do. Now I have married a Brit and we are in the process of applying for his alien spouse visa. My attorney said I should have been filing taxes, but my mother insists that I didn't need to. So who is right? If he is, what can I do to rectify the situation?

HEEEEELLLLLPPPPPP :confused:

[AtlantaTaxExpert]

You need to go speak with an accountant in the U.K. who is thoroughly with British tax law.

Given my experience with some American accountants, I would tend to believe the British lawyer.

[taxsearcher]

Here is some information from the IRS website. You definitely need to file if you had sufficient income (whether that is from US or foreign sources). Typically the INS is going to look at prior tax returns in your application for your spouse to become a US resident.

The filing requirements are as follows:

U.S. Citizens and Resident Aliens Abroad - Filing Requirements

If you are a U.S. citizen or resident alien living or traveling outside the United States, you generally are required to file income tax returns, estate tax returns, and gift tax returns and pay estimated tax in the same way as those residing in the United States. Your income, filing status, and age generally determine whether you must file a return. Generally, you must file a return if your gross income from worldwide sources is at least the amount shown for your filing status in the Filing Requirements table in Chapter 1 of Publication 54, Tax Guide for U.S. Citizens and Resident Aliens Abroad.

If you are the dependent of another taxpayer, see the instructions for Form 1040 for more information on whether you must file a return.