• Logo

Can the IRS arrest in the airport non-citizen for failure to file income return?

Asked in Boston, MA - about 2 years

Mywife lived in the U.S and left more than 10 years ago, she was a student and in her last year she worked full time, however she never filed any tax return and left the following year, wanting to go back now on a business trip, the question is can the IRS arrest her in the airport for this ?

Attorney Answers (3)

Eric P Rothenberg

Eric P Rothenberg

Needham Tax Lawyer

Licensed in MA

Answered about 2 years ago. While the answer is that they could possibly arrest her but what I believe you are asking is if that's even a remote possibility. I don't think so, First, it's easy to find out before she comes what is the status of taxes (criminal and civil) by hiring an attorney and giving them a Power of Attorney form properly completed. Second, in 35 years I've nver heard of the IRS arresting anyone at an airport but the myth of the government possibly doing so persists, especially with foreigners where their governments behave differently than the IRS does. I believe she could readily clear this all up with no threat of criminal prosecution at all.

I'd be happy to help out.

Eric P. Rothenberg, Esq.

781-239-8900

Legal disclaimer: Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency
Flag
Mark as helpful
Rain Levy Minns

Rain Levy Minns

Austin Criminal Defense Attorney

Answered about 2 years ago. Yes, she can be arrested. But, the next issue is about how likely that would be to happen.

Is there any reason to believe that the IRS has been investigating her or believes that she has unpaid taxes? Is she planning to regularly have business in the U.S.?
Flag
Mark as helpful
Henry Daniel Lively

Henry Daniel Lively

Costa Mesa Tax Lawyer

Answered about 2 years ago. An arrest is possible since not filing a tax return is a crime. You should contact a tax professional to clear up this matter. Then you will not have to worry about the issue.
Any individual seeking legal advice for their own situation should retain their own legal counsel as this response... more
Flag
Mark as helpful

Related Questions

Not what you're looking for?

Find more Tax legal Q&A's

Or ask your own question to get more personalized answers.

Ask a Lawyer