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Arizona Tax Law Questions & Answers
1 Answer | Asked in Child Custody, Child Support, Divorce and Tax Law for Arizona on
Q: My wife claimed my son on her taxes for 2017 even though it was my year to do so as per our divorce decree. My rights?

I am behind in child support and she is using that as justification for claiming him. I am open to an agreement where I can claim him for the next two years, but hold little hope she will agree to that. What steps do I need to take to insure this does not happen in the future. Thank you for your... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Mar 20, 2018

Look at your divorce agreement. Some agreements will allow the parent who is receiving child support to claim the child if the other parent is behind on child support. If that is not the case then likely your only recourse will be to take her back to court to enforce your agreement.

3 Answers | Asked in Child Support and Tax Law for Arizona on
Q: I paid the total child support ordered for this year but I was late one or two times do I get to claim my child still?

My child support amount changed twice this year so there were two months that werent paid on time. But i calculated that i paid over what has been ordered for the year and have all of my receipts but my kids mom will states that i didnt pay on time and refuses to let me claim them.

I was... Read more »

Randi Sirlin
Randi Sirlin answered on Feb 5, 2018

The commissioner is correct. As long as you have paid all of your child support by December 31 of any given year, you can claim your child for purposes of the minor child tax credit and minor child tax exemptions if it is your year to do so.

You can also order an official arrearage...
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1 Answer | Asked in Tax Law and Child Support for Arizona on
Q: What steps to take after a parent files taxes incorrectly?

Court order states custodial claims child 1 and non-custodial claims child 2. Custodial claimed 1&2. This is intentional. Currently in court to change child support. Nothing concrete yet to change filing status and/or child support.

Peter H. Westby
Peter H. Westby answered on Jan 30, 2018

I recommend that you meet with your CPA and make sure that your taxes are filed correctly. You cannot control what your ex does on his tax return. But you can make sure that your return is correct. If there is an audit, your ex will have to support his action in taking both exemptions. If he... Read more »

1 Answer | Asked in Divorce and Tax Law for Arizona on
Q: How do I know if I have to file jointly or separately with an ex-spouse?

My divorce was finalized August 2, 2017. I want to file separately. He says because we were married for most of the year we have no choice. Is this accurate?

Michelle D. Wynn
Michelle D. Wynn answered on Jan 10, 2018

Because you were divorced on 12/31/2017 you cannot file with a married filing status. You should each file your returns as Single or Head of Household, whichever is appropriate in your circumstance.

1 Answer | Asked in Tax Law for Arizona on
Q: Can I have my ex taxes amended from the previous year?

My ex took my kids out of state without my permission while I was at work. We are in the middle of a custody case. Last year she claimed all our children behind my back. When her and the kids were still with me until Sept of 2016. There was no way she supported us and all 3 kids on her income. As... Read more »

Matthew M Montoya
Matthew M Montoya answered on Jan 9, 2018

Here are the IRS tiebreaker rules (when two people try to claim the same dependents):

https://www.irs.gov/credits-deductions/individuals/earned-income-tax-credit/qualifying-child-of-more-than-one-person

More detailed information can be found in IRS Publication 501:...
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1 Answer | Asked in Real Estate Law and Tax Law for Arizona on
Q: I recently purchased a house and found out there is a tax lien on the house from the previous owners. What do I do?

Turns out there are two parcel numbers for my home's property taxes and only one has been getting paid. The other hasn't been paid since 2015 (I purchased the house in August 2018) leaving a tax lien on the house. I contacted the title company which has been claiming to be working on a... Read more »

Peter H. Westby
Peter H. Westby answered on Jan 3, 2018

You were right to make a claim against your title insurer. The title insurer will try to collect from the seller. The taxes are the seller's obligation. But the title company should bring the taxes current asap even if they cannot collect from the seller. I would continue to follow up and... Read more »

1 Answer | Asked in Bankruptcy and Tax Law for Arizona on
Q: What would a trustee need or do with a tax refund collected on a closed chapter 7 case?

My Ch. 7 BK closed in Aug of '16. My '16 refund was filed in Feb of '17. The trustee had my federal refund sent directly to him and is still requesting my state refund be sent. If the BK is closed, why would he be able to hold those funds and what would they be used for?

Michael Gerity
Michael Gerity answered on Jul 21, 2017

A tax refund for the 2016 tax year would represent an overpayment of taxes throughout that year. As such, you were "owed" that money, or at least a portion of it, as of the time of your filing, which makes it part of your bankruptcy estate. The trustee would use any such estate funds to... Read more »

1 Answer | Asked in Immigration Law and Tax Law for Arizona on
Q: Got green card 13 yrs ago but returned back to home country since then-never back to US. Any tax consideration?

Received the green card upon landing, stayed for 3 weeks, and never come to US again

Q1: I am assuming his green card status automatically canceled and NO further action needs to be done. If he needs to come to US again in the future, he can apply for a visitor visa. Can you confirm?... Read more »

Michelle D. Wynn
Michelle D. Wynn answered on Mar 2, 2017

I am not an immigration attorney, but it is my understanding that the cancellation of a green card due to abandonment does not occur automatically. While USCIS can revoke Green Card status due to abandonment, it must take affirmative action to do so. If a Green Card holder has not received notice... Read more »

2 Answers | Asked in Personal Injury, Real Estate Law, Tax Law and Landlord - Tenant for Arizona on
Q: Can I take a tax deduction of a huge loss of belongings from contamination of toxic black mold from an apartment?

Replacement value of my belongings is around 30 - $50,000. Possibly more. There was no insurance. I had my apartment tested, and it came back positive for mycotoxins. the management company would do nothing aside from sending a maintenance man to look stating it was just dust or dirt. This has... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jan 29, 2017

You should be able to. You need to itemize as much as possible--the more detail the better. May be good to consult a cpa.

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2 Answers | Asked in Tax Law for Arizona on
Q: If I deposited Around $1000 cash a week into a savings a checking account would that raise any flags with the IRS?
Adam Studnicki
Adam Studnicki answered on Dec 28, 2015

If everything is legit, why would it matter?

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal...
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2 Answers | Asked in Tax Law for Arizona on
Q: married almost 3 years, I can not find any of his tax records, am I liable for these/his taxes if he never filed any?

If my husband hasn't filed taxes prior to or during our marriage, am I responsible for them now that we are married? His health not good,if he passes away, would I be responsible for his prior taxes, he was getting medical disability and disability ins. from a prior business he once... Read more »

Jay Hall
Jay Hall answered on Nov 21, 2015

Presumptively, yes. Arizona is a community property state. However, you may consult with a tax attorney to discuss various privileges that could insulate you from liability.

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1 Answer | Asked in Tax Law for Arizona on
Q: Im selling my house and making about $100g in profit. I dont plan on buying another house will i have to pay taxes?
Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 8, 2015

yes, it appears that your profit would be taxable income, although perhaps eligible for long-term capital gain treatment. Speak with a tax professional.

1 Answer | Asked in Immigration Law and Tax Law for Arizona on
Q: Tax Question: My spouse lives in another country, I live in America.

When should I change my tax filing status from single to married. Should I file jointly or separately?

Robert Jason De Groot
Robert Jason De Groot answered on Aug 17, 2015

Ask an accountant this question first.

1 Answer | Asked in Tax Law for Arizona on
Q: If I quit-claim my home to parents and there is equity is that considered a taxable gift? $70K purchase now $150K.

My parents foreclosed on original home. Didn't qualify due to credit when they wanted to buy again so they asked me to sign for home. I am the only one on both title and mortgage. Credit is good now and they want me to transfer home to their name by quit-claiming deed and having them assume... Read more »

Adam Studnicki
Adam Studnicki answered on Aug 17, 2015

Whether or not it's taxable depends on your specific situation. A gift tax return may need to be filed. Best to talk to a good CPA about this.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given...
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1 Answer | Asked in Tax Law for Arizona on
Q: When I sell my home and make a profit on the sale, what reinvestment options do I have to avoid paying a huge tax hit?

When I sell my home and purchase another home, will the profits from the sale of my home be exempt from taxes if I use the money to renovate, fix up my next home purchase or use the profits for down payment on new home?

Adam Studnicki
Adam Studnicki answered on May 29, 2015

Not enough information to answer. Talk to a qualified CPA. Be well.

1 Answer | Asked in Tax Law for Arizona on
Q: Appealed a tax ruling to no avail. IRS is trying to collect on deduction they say was improper. What is my recourse?
Zaher Fallahi
Zaher Fallahi answered on Nov 16, 2013

Seems like you may be out of luck by exhausting the legal courses of action you described. Consult a tax lawyer for advice and perhaps for an offer-in-compromise or an installment plan if your circumstances merit.

2 Answers | Asked in Tax Law for Arizona on
Q: CAN I WRITE OFF FEDERAL TAXES WITH BANKRUPCY?
Mr Jeffrey D Heck
Mr Jeffrey D Heck answered on Feb 5, 2011

I some cases, yes. The returns have to have filed more than 3 years ago to even begin being possible. If that is met, you have to some other requirements, too.

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