# Ex green-card (NRA) not filing taxes worst case scenario?



## DaliaMeierhans (Oct 29, 2012)

Hi,
I moved back to Germany in 2007 after working in the US for about 7 years and I had the green card for only 1 year.

I was somehow able to get the 401k out (via IRA or Roth) before I left, and they didn't even deduct the 30%.

I think I probably would have had to file one more tax return after I got back, in 2008, and I assume they would want me to pay back the 30% plus penalties etc.

I don't plan to ever move back to the US, so my question is:

*what is the worst case that could happen if I continue to not file that last tax return? (My green card expired a long time ago).*

Would they chase me all the way to Germany because of that? Or would I not be able to reenter the US even as a tourist?

Who could I ask about this?

Thanks,
Dalia


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## Bevdeforges (Nov 16, 2007)

Unless you owed a tremendous amount of taxes for the final year, I really doubt they are going to bother coming after you. The other thing to know is that the IRS does not exchange information with Customs and Immigration on a regular basis, so your right to enter the US is very unlikely to come under scrutiny. Frankly, the IRS would have notified you first about any audit or investigation they were doing of your tax status. For all they know, you weren't subject to filing for 2008 (based on reportable income being below the threshold).

If they notice that you closed out your 401K/IRA/Roth without paying the 30%, it's more likely to be the investment company holding the account that will notify you first. (It was, after all, their failure to withhold that is more likely to be noticed by the IRS than an individual's closing out of the account.)

But basically, it shouldn't resurface on entry to the US on a tourist visa.
Cheers,
Bev


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## DaliaMeierhans (Oct 29, 2012)

Thanks a lot for the response, that was very helpful!

The actual taxes from income that final year was a tiny amount if anything at all (since taxes were deducted anyhow from the salary, and I would usually even get something back!).

But for that 401k, I guess it depends on what they think is a tremendous amount. The 401k was around 150k, so the 30% is a considerable amount - to me at least.

We don't have any accounts left in the US, so I doubt they would even know how to contact us (although with google it is not hard to do...), and we didn't leave them any address (well, we didn't really have a constant address at the time we left)

I was mainly worrying what would happen if I ever wanted to enter the US as a tourist, and they would do something because of this (I don't know what exactly - who knows these days...).

Best wishes,
Dalia


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## twostep (Apr 3, 2008)

I have seen it come through the German system - as it was not taxed originally. Threw a curb ball of retroactively revised returns and loss of some freebies ending in a hefty penalty


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## DaliaMeierhans (Oct 29, 2012)

So you have experienced this yourself? What happened? How did it get through the German system? (I am not sure I understood the curb ball example .


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