I am being audited for 2016, they are questioning my eligibility for education credit although I was in school, they are asking for full credit back. I got the 90 day letter where I give evidence or pay. As it asks have I ever owed money to the IRS on the n400 can I say no to this right now and it be the truth? The only time I owed taxes I paid when I filed on time. Or should I wait for outcome of audit and then file? quite keen to get process started.
As long as you are trying to "take care of" this "problem" and reach settlement with IRS you can go ahead now and apply for N-400.
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An N-400 may be filed with evidence of an agreement to pay IRS and / evidence of payment of taxes owed.
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Assuming you are otherwise eligible, you could go ahead and file N-400. I'd answer "yes" to the tax liability question for now and explain the current situation on a separate sheet. You must amend/supplement your answer at the interview (which is about a year away anyway): If you ended up owing to IRS (after this audit), you provide the proof you paid back (or on the payment schedule), and if you ended up not owing, then present the proof that the audit ended in your favor.
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