FAQ

1Income Tax Question: Do I need to file income tax (federal & state) for alimony (not child support) that I have been receiving yearly? If so, how much alimony income that I must report to IRS? Is alimony considered as self-employed income?
Answer: I am not sure about your state but you do have to file a tax return as alimony is taxable income unlike child support.
2Divorce Question: My husband and i finalized our divorce in January 2012 then got back together (living together as well) in march; can we file our taxes jointly or do we have to file separately???
Answer: You cannot file married filing jointly OR married filing separately as you two are not legally married. Since you are divorced your only options would be to file Single or Head of Household (if you have dependents).
3Child Support Question: There was a court date set in October which wasn’t kept by myself or my child’s guardian. i notified the child support office that i would not be able to attend. however, the guardian did not. i have not received a new court date or any information.
Answer: The only way that the IRS would take any refund you may get and transfer it to the state would be if there was an order from the state stating this. I would contact the child support department that you have been working with and follow up on the status of the case.
4 Tax Preparation Question: I am married but living separately from my husband of 12 years. We he left the home he took with him all of our tax documents. I have not signed a tax document in years and do not have a copy of any tax forms filed. We still do file our taxes together because of owning 6 homes and farm land together. None of which I see any income from. It all goes to him. Is this legal to file taxes and me not sign. When I mentioned this to him he indicated that I had signed a paper years ago with a previous accountant. I do not believe that happened and why would this pretain to our current accountant. All monies are deposited into his account. I receive nothing. Is there something I can do at this time?
Answer: You are legally required to sign every tax return regardless if you are married. I would hire an attorney that specializes in the tax field or contact the IRS directly to confirm that all of your previous tax returns have been filed. You can also contact your employer to get additional tax documents to prepare your return for 2012. I would advise that you file Married Filing Separately to avoid this in the future.
5TV Tax Question: Can you trust TV Tax Service?
Answer: You cannot group all firms into the same pigeon hole simply because of bad things you may have heard about others. If we did this then all attorneys would be viewed in an unfavorable light simply because others have had bad experiences. I currently use TV tax service and run a honest and successful business. I treat everyone the way I would want to be treated and just because I (or my colleagues) happen to use the TV as a form of advertising does not mean that we are operating a “mill.” I agree that all clients should research a few different firms and make sure that they are confident with the attorney they would be working with. I politely disagree with others comments about how to determine whether or not to select a tax firm based on only the fact that they happen to use TV advertising as a media source.
6Taxpayer Question: Child support income withholding vs IRS. I read that child support will take priority over a tax levy if the underlying support order was established prior to the IRS levy. The original support order was made in 2006. I believe a tax levy may have just been placed in 2013. I also believe the child support may get a downward mod. Would the child support still take priority over the tax levy or will it then be considered as established when the downward mod was granted, which happened after the tax levy was placed?
Answer: Child support always takes priority over tax levies as child support is needed for the “best interests of the child(ren).” Please make sure that they payroll department is correctly deducting the child support and then the IRS garnishment funds second.
7IRS Question: Question: I didn’t do my 2010 taxes because the unemployment department gave me a 1099G that claimed I received a few thousand more than I actually did, causing me to owe taxes when I shouldn’t have. I didn’t feel like dealing with it, so I never did my taxes for that year, which snowballed into not doing 2011’s taxes, but I should’ve gotten a refund, not owed for that year also. Now I’m playing catch up and e-filed my 2012 taxes, while also sending my 2011’s taxes by mail. It’s been a few days since the IRS accepted my 2012 taxes, but they haven’t deposited any money into my bank account. Now I’m getting worried they might withhold it until I finish 2010’s taxes, which might take me months to resolve the 1099G issue at the rate the unemployment dept goes.
Answer: The IRS can only withhold a due refund if you have an active IRS balance due on your account or if they have received some sort of notice from another dept. to withhold your refund (ex: child support). If the IRS has not filed your returns for you (called Substitute For Returns or SFRs) then you should receive your refund. It will take more than a day or two for your refund to process. If you have not received anything in a couple weeks I would followup with your tax preparer and make sure that they actually received confirmation that the return was e-file accepted. I would suggest first calling the unemployment office and get them to issue a corrected 1099G so that you can also file your 2010 return. Please contact Taxsmith if you have any additional questions 888.741.0272 or info@taxsmith.com.
8Child Support Question: My divorce decree states that I have the exclusive right to claim my son on income tax. My son’s father claimed my son last year without my consent. I claimed my son as well because he lives with me and I pay daycare and most of my child’s expenses. His father only has extended Thursday visitation rights every other weekend. What will be done in that case because I am worried he will claim my son once again this year. He feels he has the right to claim him because he pays child support and he doesn’t want to end up paying the IRS because he earns too much money.
Answer: If you pay more than 50% of your son’s expenses & he lives with you more than 50% of the time then are definitely obligated to be able to claim him on your tax return. There is no law that states that simply b/c you pay child support you are able to claim that child. If you would like you could re-file the 2011 tax return as an amended return w/the info that your ex claimed him and did not meet the qualifying child test determined by the IRS. If you have any additional questions please contact Taxsmith at 888.741.0272 or at info@taxsmith.com.
9Client Question: Is it illegal for someone to give my SS# from their 1099 to someone else to use on a 1099 w/o my permission?
Answer: Simply no one can use your SSN except you! There is no other answer to this question. It is fraud and illegal to allow someone else to use your identification.
10Client Question: Can my ex claim our daughter on the income tax without my permission?
Answer: To be able to claim a dependent on your a tax return the child would have to pass the qualifying child test as determined by the IRS. The fact that he pays child support is not the determining factor on whether someone is able to claim a dependent. If in fact you meet all of the standards for the test then I would file your return and report that he is not able to claim the child. They will exam his return and ask for him to show proof that he is able to meet all of the qualifying child test factors. If he cannot prove all of those factors they will remove the child from his return and allow you to claim her if he does not have proof.

Please read the section on qualifying child… http://www.irs.gov/publications/p501/ar02.html#…

If you have any questions please contact Taxsmith at 888.741.0272 FREE or at info@taxsmith.com.
11Taxpayer Question: I’m a 1099 employee with a garnishment, is the percent paid to garnishment suppose to be on full amt or minus est taxes?
Answer: If you are a 1099 employee then your employer is only supposed to levy your payment due at the time they receive the levy ONCE. As a non-W2 employee the levy is not continuous. This is a major issue in my practice and am constantly trying to explain this to payroll departments. Your 1099 levy should be the entire amount due at the time they receive the levy with no deductions. Please contact Taxsmith if you have any additional questions at 888.741.0272 or info@taxsmith.com.

THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. The answer to question does not create an attorney-client relationship or otherwise require further consultation. Ms. Smith is licensed to practice law throughout the state of Florida with offices in Duval County. She is authorized to handle IRS matters throughout the United States. Her phone number is 888-741-0272 and her email address is info@taxsmith.com
12Taxpayer Question: I received a 1099-M from my old boss (post marked 2/25) he or I have no proof money exchanged hands. Do I need to pay taxes?
Answer: If you received a 1099M (Misc. income) and you actually received income from your old boss then you are legally obligated to pay taxes on that income. Your old boss most likely also sent the 1099M to the IRS and that will be reported in the IRS’s Income Reporting Program (IRP). If you filed your return today and did not report all income then you would be hit with additional penalties and interest associated with not claiming the reported income. I would advise you to report it b/c if your old boss took the time to send you the 1099M it would make sense that he would also send a copy to the IRS. If you have any additional questions please feel free to contact Taxsmith at 888.741.0272 or email us at info@taxsmith.com.

THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. The answer to question does not create an attorney-client relationship or otherwise require further consultation. Ms. Smith is licensed to practice law throughout the state of Florida with offices in Duval County. She is authorized to handle IRS matters throughout the United States. Her phone number is 888-741-0272 and her email address is info@taxsmith.com.