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Angie Lee Smith

Angie Smith’s Answers

49 total


  • Can child support be taken out of tax return?

    I know that if there is a large enough amount in back child support, it can,but what if its not in the court order? He will be getting back $200. Do they take a percent or all of it? A friend of mine has gone through the same situation, but she h...

    Angie’s Answer

    A state child support enforcement agency CAN take the entire amount of a Federal tax refund. The court will look at the refund as money that he would not have had if he had been paying his child support. Even if the state does not take the refund I would strongly recommend to apply the refund to the back owed child support as it is in the child's best interests.

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  • 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

    on this since there is no proof?

    Angie’s 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.

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  • What would be best filing Married filing jointly or separately ?

    My husband is in prison and we have no kids. I am a full time college student and I also work full time. I wanted to know would I be able to file jointly or is it best to file separately?

    Angie’s Answer

    The general answer is that it is always better to file MFJ rather than MFS as you get more deductions that way.

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  • I took my taxes to the IRS service center and had them stamped. Can i get my transcripts immediately?

    I need them quickly for pending mortgage approval

    Angie’s Answer

    I agree with the other answers given. Remember that you are dealing with the government and they normally never do anything immediately. It normally takes a month or more before the current return actually processes and the account transcript is available. If it is an older year (2011 & past) then it normally takes 9 weeks or more for the return to process and any information to make it to an account transcript.

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  • I'm a 1099 employee with a garnishment , is the percent paid to garnishment suppose to be on full amt or minus est taxes ?

    I'm a real estate agent and I think my broker pays too much to garnishment because she doesn't understand the formula.

    Angie’s 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.

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  • My wife is filing her tax return and its asking for my SS number,my visa is still pending so I don't ave one yet,what do we put?

    It is asking or my SS number on my wife's tax return, but as my visa is still pending I do not have a social security number, what do we do?

    Angie’s Answer

    You would have to put your ITIN number instead of your SSN. You can obtain an ITIN by completing a W-7.

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  • Can my ex claim our daughter on the income tax without my permission?

    We have a daughter together and he pays child support. I also work but he already claimed her. Can I do something about it?

    Angie’s 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#en_US_2012_publink1000220886

    If you have any questions please contact Taxsmith at 888.741.0272 or at info@taxsmith.com.

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  • Is it illegal for someone to give my SS# from their 1099 to someone else to use on a 1099 w/o my permission?

    If yes what can I do??? People in question are both Amish I NEED AN ANSWER ASAP PLEASE THANK YOU IN ADVANCE FOR ANY HELP

    Angie’s 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.

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  • Can the non custodial parent claim the child on his income tax if he is paying child support?

    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 expense...

    Angie’s 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.

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