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Venar Raad Ayar
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Venar Ayar’s Answers

37 total

  • What can I do about my ex claiming our son, who lives with me, on his income tax?

    My ex husband claimed our son on his income tax. Our son lives with me and I am his sole provider. He asked me in December if I would allow him to file claiming my son and I told him no. He does income tax for a living and is telling me he did ...

    Venar’s Answer

    If you meet the following three conditions, then you should be claiming your son, not your ex:
    1. Your son lived with you more than half the year
    2. You pay more than half of your son's living expenses (if you get child support, that counts towards your ex husbands financial support, not yours)
    3. There is no divorce decree that gives your husband the right to claim the child.

    If you meet these three conditions, then you are legally entitled to claim your son, and should do so when you file your return. If your ex already claimed your son, then you will get a letter from the IRS stating that and proposing to disallow your son as a dependent. You will need to respond to that letter laying out the facts and why your son is legally your dependent, not your ex husbands. The IRS will then investigate the situation, and if they ultimately find in your favor, then they will allow the deductions and credits and send your ex husband a bill for whatever he owes as a result.

    If you need help with this once you've filed the return and got your letter, I suggest contacting the Taxpayer Advocate's Detroit Office. It is a division of the IRS whose job it is to advocate for taxpayers who fall through the cracks, and their services are free. They can be reached at 313 628-3670

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  • Can my ex amend a previous year's tax return? Who is responsible?

    I got married in December 2013 and we filed a joint tax return for that year. If we would have filed separate I would have owed the IRS over $2,000 and she would have received a smaller return. So it was beneficial for both of us to file jointly. ...

    Venar’s Answer

    She cannot amend a joint return to make it separate after-the-fact. If she wants to amend the joint return, generally she will need your signature. If there are changes that need to be made to the numbers and one spouse refuses to sign the joint return, the other spouse can file an amendment with an explanation statement stating that the other spouse refuses to sign, and the IRS will make the appropriate adjustments if they are warranted.

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  • Back Taxes have to file. Self Employed no clue how?

    Need to know where to start? Financial Adviser? CPA? Tax Attorney? Gave 1099 s to help every year, only have Bank Statements for records. Labor only no sales tax involved. Work out of Home Base and back yard. Just made a living nothing major.

    Venar’s Answer

    You need the help of a tax attorney who will assist you with preparing the tax returns based on the limited information you have available and who can also assist in setting up a payment arrangement for the tax liability that will be owed. Depending on how many years back you need to go, there may already be substitute returns filed by the IRS based on the information the IRS has. You will want to correct this by submitting tax returns for those years before deciding on a payment arrangement that will fit within your means.

    Our office can work with you on resolving this issue. Please call our office and schedule a free consultation so we can get a better understanding of your tax liability and discuss the steps to move forward and resolve this tax liability.

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  • I am divorced from my husband of 14 years and it will be three years in April. During our 14 years of marriage, he did not file

    We married in May, 1999. I did not work most of that time since I almost immediately became quite ill. I did work for one summer, but made very little. I fought with him constantly about this. I even called the IRS twice from a pay phone to ask w...

    Venar’s Answer

    You will want to consult a tax attorney to help you resolve this issue. We can help you with this matter. The first thing that needs to be done is a full account analysis with the IRS to see which years were filed and which years were not. For the years that were not filed, you can submit a tax return as married filing separate to prevent your now ex-husband from filing a joint return. Then you would want to look into the claim for innocent spouse relief. This is the best way to remove yourself from the tax liability that your ex-husband has accumulated. Please feel free to call our office so we can arrange a free consultation to discuss this matter in much more detail.

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  • I owe the IRS 20,000.00 due to a calculation error my CPA made on my 2007 taxes. Can attorney help present offer in compromise?

    My CPA does business in several states. While I reside in MI, my attorney went to Tax court in CA. I was not there to represent myself. He made an error on the cost bases on some withdrawals from my mutual funds for a 2 year period of unemploymen...

    Venar’s Answer

    You can definitely settle with the IRS, if your financial position justifies it. If you are having trouble making your payments, and have little in assets, chances are you can probably settle. The amount they would consider reasonable depends almost entirely on your financial condition, and has little to do with what you owe. I've settled several IRS debts that were tens of thousands of dollars for one-time payments of $100 or less, but that was only possible because the clients' financial condition justified such low numbers. You should consult with a local tax attorney to help analyze your situation in detail.

    As far as fees goes, I'm not sure what the other guys are charging, but Offers in Compromise usually run between $3,000 and $5,000 in my office, depending on the size and complexity of the matter.

    If you want to discuss your own circumstances in greater detail, feel free to contact me at 248 262-3400 anytime next week, and I'd be happy to talk to you directly.

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  • Social security benefits. Isn't my tax lady suppose to send info for social security benefits?

    I just got my social security statement and there has not been any money recorded for 17 years. I am a licensed daycare provider and have been for 17 years. I have my taxes done every year and I thought this included sending the info to social sec...

    Venar’s Answer

    • Selected as best answer

    Nothing gets reported directly to the Social Security Administration. What determines whether or not you get social security credits is whether or not you pay any social security tax. These taxes are imposed in the form of "self employment tax" for self-employed individuals. Sounds like you should have been paying the self-employment tax, but that depends on many things. It could be possible that you have been reporting your earnings from the daycare as "other income" rather than "self employment income" on your tax return. If this is, in fact, how your preparer has been filing your returns, that would explain why you aren't getting any social security credits. It would also mean that you have not been paying the self employment tax, which is about 15% of your income. You will have to look at your tax returns to determine if this is the case. If you can't tell by looking at your own returns, you should have somebody else glance at them for you to figure out what's going on

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  • My husband has not filed his taxes in 10 years. I'm afraid of losing our house to the IRS. Anything I can do to protect myself

    He is self-employed feels what he gets paid as a marine-surveyor is under the table. We do get a notice from the IRS once a year because he sends in a $2000.00 payment with a late form to be filled out later but he never does.

    Venar’s Answer

    You can absolutely protect your house, and your other assets. Most important thing is that you need to act to address this problem as soon as possible, usually starting with fooling the returns. You should consult with a tax as as possible to figure out your options. You can feel free to call me if you want some guidance. I can be reached at 248 262-3400

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  • Can I get assistance to pay delinquent taxes

    My Dad died over 20 years ago the house is in the estate of him, I have since paid the home off so there's no mortgage only taxes & all utilities & up keep, taxes are delinquent with foreclosure status I need help paying delinquent taxes or inform...

    Venar’s Answer

    You should contact the county treasurer's office and ask for a payment plan. Depending on how far along the foreclosure process you are, it may be possible

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  • Tax offset question!!!

    I have about 9 thousand in outstanding student loans. Last year my tax refund was offset and they took 2500. This year they are scheduled to take 7600. That seems really excessive. Will the IRS approve that full amount? I guess what I'm trying to ...

    Venar’s Answer

    They will take your entire refund, up to the amount you owe them. Not much you can do about it

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  • Tenant evicted by court order , left owing $2500 back rent and $4000 damages-then she filed for bankruptcy,need tax writeoff

    Can I write off the loss, not interested in collecting this and do i need to file more paperwork with court either small claims or bankruptcy? Basically want to write 5k off and in case irs challenges what do i need?

    Venar’s Answer

    As a landlord you are allowed to write off the cost of repairs to rental property (provided the repairs are ordinary, necessary, and reasonable in amount). The repairs are fully deductible in the year in which they are incurred. Good examples of deductible repairs would be the cost of repairing a leaky roof. Keep receipts for all items deducted. Rent owing due to an eviction is not deductible. The ex-tenant filing bankruptcy only comes into play if you are listed as a creditor. In general, Secured Creditors are given priority over Non-Secured Creditors.

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