aloe vera Archives


  

Linda asks…

How do I make sure to deal with my son’s father the best way possible?

We split up a while ago. He took up ufc fighting and then got really resentful of me. He wanted things he couldn’t have being a young parent and felt I had forced it on him. Which I truly didn’t because when I got pregnant and decided to keep the baby I gave him the option of walking away. Our son it 19 months old. It’s a little late to change his mind. Well he blamed me for him not being able to save enough money to buy a new fast car. I brought up bank statements that proved he had spent over $900 in one month on himself. He told me I was disrespectful and then told me that me and our son should move out (we rented a place together). The next day he begged me to stay with him but he couldn’t promise anything would change and I knew I had to let him go, I couldn’t carry all the guilt anymore. I had to fight to stay in our house because it would be better for our son and I didn’t have anywhere else to go. So he moved back into his parents.

He was alright at first. He would come by during the week to see our son and he would take him every saturday night. It was very hard, but I sucked up my feelings because I knew it was good for my son. Then the weekly visits started to drop off. And almost immediately after that so did the one night a week. Now he’ll maybe spend some time every second sunday with him. He lied about money. He keeps (still) telling me he is poor even though he makes over $40,000 a year and lives at home paying no bills. So I filed for child support (I told him I was going to and I told him I had to because they won’t give me income support or student loans if I don’t). He got the letter early last week and according to his brother (whom I‘m still friends with) he was very angry about it. And he has decided that he is going to try and get revenge on me. His plan of revenge is to bring a girl with him to pick up our son. He’s going to pretend he’s in a relationship with this girl (it’s a friend of a friend), and then he’s going to come and try to pick up our son with her.

I spent 4 years with this person. I have no idea honestly how it came to this point. He will not be taking our son with a girl present. Playing games like this and using our son like this is very childish. Basically I plan to just tell him when he gets more mature he can come back. Our son doesn’t even go near him when he comes over anymore. He gets upset if he tries to pick him up. He’s got all the money in the world for piercings, tattoos, clothes, clubbing, and whatever else and loves to be off at the bar and apparently even having one night stands too. He hardly ever sees his son, is trying to use him to play a sick game with me (which I will not allow), he doesn’t pay for his son. I‘m the one who is left alone, tossed aside like nothing, and yet I just have to pick up the pieces and move forward because I love my son and he needs someone to be there for him. I do plan on going to court for custody because he is in no state to be able to make any good decisions for our son. I have everything written down in a journal among other evidence. Yet I‘m still so very nervous that somehow the judge will be lenient on him and I‘m very scared.

Please help me, some advice, encouragement…anything really. I will be starting school in January, but for now I can’t even work (because of daycare) and so I have a lot of time to think about this. Thanks. (Sorry it’s so long…)

Simon Smith answers:

You are to be congratulated for being mature enough to put your son first! WOW! That is outstanding…… You are right that it won’t be easy but rest assured, down the road it will pay off in spades…. (Imagine how you’re going to feel at his wedding when he asks you to dance with him to a special song he picked out just for you!!)

It is hard to keep your head above water with a little one and unpredictable income. Is there a Church nearby where you could inquire about helping out in their daycare? You and your son could attend. By offering to volunteer now, when you go to school you may find them willing to take care of your son at a discount or by committing to spend time there when you are able.. Never discount the power of giving of your heart!! The returns can be surprising. Sometimes coming from the most unsuspecting path….. Also check at your intended school to see if they offer daycare. You may be able to pay for it out of your student loan. This might mean that you have to take one or two less classes each semester but you can make it work.

I hope you get custody and that your ex pays his share. He sure isn’t acting like he wants to be a mature part of his son’s life. Sounds more like he wants to hurt you and is jealous that you haven’t fallen to pieces and begged him to come home because it’s tough. I think he is seeing exactly what he gave up by going AWOL and his life is not stacking up to be what he envisioned. He may grow up someday. In the meantime don’t hold your breath, you have a lot of plans, a bright future for you and your son. Now go and get it!!!

Maria asks…

Do I really need a letter from my boss to visit England?

I‘m an American and I am dying to visit London. I‘ve been wanting to go there since I was a little boy. I have a cousin around my age who lives there that I‘d probably stay and party with.

Now please forgive me in advance and have some patience. I actually don’t travel much and if I decide to go to England, this would be my first time not only traveling oversea’s, but completely on my own. So please, please forgive my ignorance. I promise not to make a habit of coming on here and asking a billion questions. I‘m only trying to figure this all out so I don’t end up in some Turkish prison somewhere. I also don’t want to have to ask my cousin all this stuff. She’s nice enough just letting me stay there with her and her husband and actually letting me party with her group of mates.

I also figure it’s better to get yelled at by the locals now over the Internet for being stupid then later while I am actually there. Having typed that…..

I am checking out the UK Border Agency website and it says….well, I‘ll just copy and paste:

“This page explains what documents you should have when coming to the United Kingdom as a general visitor.

They are:

if you are employed, a letter from your employer granting leave of absence from your job for a specified period – the letter should also say how long you have been employed by that employer, in what job(s), and when you are expected back at work;

if you are self-employed, evidence of your business activities and financial standing;

evidence of any property you own in your home country;

if you are a student, a letter from your school or college stating the course you are on, its start and finish dates, and the dates of the holiday period when you intend to visit the United Kingdom;

evidence of any family or social ties and responsibilities to return to;

evidence of any firm travel plans you have made;

bank statements going back over a period of several months; and
evidence of savings available to you.”

……That’s a lot of stuff! Do I really need to bring all that? I‘m only going on holiday. I‘m actually not in college so I know I can skip that one, rule but I‘m hoping all this other stuff is one of those minor rules everyone ignores and only a passport is needed. I have one of those. As far as evidence of any property goes…um…I have some blu-rays or DVD’s! We could put one in one of the DVD or blu-ray players in London and I know it won’t work since the region code is different. Would that count as proof?

NOTE: I am not that stupid. I‘m only joking. But all this other stuff….yes, I am that stupid.

Also, if anyone knows of a website that explains all that I need to travel there, that would be great. I‘m still going to keep reading the UK Border Agency site, but if there is a travel site or travel book for dummies, please share it on here. :-)

Simon Smith answers:

The UK trusts some countries more than others… American visitors are usually OK and that’s why the UK lets US citizens in for a short visit with just a passport and no visa. That page you refer to is designed to cover all eventualities, but in practice you will be OK just being able to show that you have a paid-for return ticket. A letter from your cousin inviting you over and giving dates will help just in case the immigration officer at the airport asks to see it, but they probably won’t ask.

When I visit the USA (I’m British), I’ve never been asked to show anything at all. The immigration officer will ask me why I’m visiting, who I’m staying with, how long for and other such things, and so far they’ve always just accepted the answers. UK immigration staff are equally reasonable. The whole point is that they need to be convinced that you can support yourself during the visit or that somebody else will, and that you are definitely going to go back home. You’ll need to have a note of your cousin’s address with you, by the way – you will have to fill in a “landing card” which will be given to you on the flight and you can see from this picture of one http://en.wikipedia.org/wiki/File:Landing_Card_f.png that you need to know your address while in the UK in order to complete it. You hand it in with your passport when you get to the passport control desk on arrival in the UK. (At least it’s not as bad as the ESTA and I-94W questions I need to fill in when I visit the US – some of those are unbelievable!)

http://www.lonelyplanet.com/england is a good online travel guide.

I’ll add what I always do for Americans – almost all flights going from the US to the UK go overnight, so the chances are that you will arrive in London about breakfast time with your body thinking it’s still the middle of the night and fatigued from lack of sleep because you just can’t sleep properly in an economy class seat. Doing this always makes me feel kind of zonked and disembodied and THEN having to deal with immigration, baggage reclaim and customs! And standing in line for immigration/passport control at Heathrow always takes ages as you’ll have to join the Non-EU Citizens queue and it’ll be full of Americans who have all arrived about the same time, all itching to sleep. My point is, when you get to your cousin’s house, you’ll be totally useless until you’ve collapsed into bed and slept off the jetlag. I usually find myself waking up again in the early afternoon, but never feel totally right again until the next morning. So I hope they aren’t planning anything ambitious for that first day. The good news is it’s much better going the other way as the human body copes much better with having the day made longer rather than shorter.

Have a good time!

George asks…

If I have earnt $1400 through paypal,How long befor they lift limits after I have sent my ID for verification?

If I have earnt $1400 through paypal,How long befor they lift limits after I have sent my ID for verification? They are with-holding my account, I already have had to wait for a E-cheque to clear. As soon as it cleared (6days later) I have this message->

Dear Daniel,

Your PayPal account balance is now over $1000 AUD so we’ve had to limit
your account until we receive proof of identity documents from you to
confirm your identity.

Until we can confirm your identity, we need to limit most functionality on
your account. For now, you can continue to receive payments, but you won’t
be able to withdraw funds or make payments.

———————————————————————-
Why do I need to give PayPal more information?
We value your business and want to help you continue to use your account
with minimal disruption. But, just like a bank, we need to confirm your
identity to comply with Australian Anti-Money Laundering and
Counter-Terrorism Financing laws as outlined in our User Agreement and
Product Disclosure Statement. By confirming your identity you’ll help keep
PayPal a safe place to send and receive payments online.
———————————————————————-

What should I do?
Please log in to your PayPal account and go to the Resolution Centre under
“My Account” to find out what documents you need to submit.

After you complete the steps set out in the Resolution Centre and we verify
your information, we may lift the limitation on your account within 2-3
business days.

How quickly do I need to respond?
Please respond within 45 days. If we don’t hear from you within that time,
we’ll have to completely limit your account. That means that, as well as
the current limitations on your account, you also won’t be able to receive
funds.—————————————————————

I think this is just ridiculous, And as a musician feel I am being taken for a ride.
Basically, I sell music.
Now if my provider were to pay me monthly, I wouldn’t have this issue.
But, Thats just the way it goes when payed quarterly, I cant help it if sales increase.
Has anyone with ‘experience’ (or whom works for paypal)
have a good answer or can help me? I don’t see any real reason for them to withhold my earnings for more than 1 day really, I also support their need for security measures with all the people out there whom ruin things for honest people who use their service like myself, In the time they have already had amount in transit it should have already passed the correct checks no? And what happens when all those people who do scam, Just put $999 every time, this is not right..
So in my view, This is kinda harming their users, & really it makes me almost want to just give up all together using their service, I say this because I suffer major depression and have a panic disorder, This is why I actually make music, It helps me cope.
So It may sound like Im extremely upset, Because I am taking this very personally I guess…
Thanks in advance for any help some of you u may have.
Regards, Daniel

Simon Smith answers:

I heard it could be 90 to 180 days. You should call paypal. I also wouldn’t keep a high balance in my paypal account. I try not to keep even $50 in my paypal account. Call paypal and talk to them. Don’t email them! You could do both though.

Ken asks…

can the bank claw back bank changes after nearly 4yrs?

i was recently contacted by a debt collection agency who said they were collecting a debt on behalf of nationwide building society,,i opened an account with them in 07 i only used it briefly,,i then changed employer ,,changed banks and moved house,,have contacted the nationwide they have said that the money owed is accumulating bank charges,,although the bank account has been inactive ( not closed down ) a direct debit who i had apparently not cancelled had kept trying every month to debit and as there was no money in there it was refused and i was charged,,i have no idea what the direct debit is for,,,bearing in mind this was nearly 4 yrs ago,,,,have asked nationwide to provide me wth statements showing how this money has accumulated,,they have arrived today however dont clearly state where the who the direct debit was set up with,,my husband has aspergers syndrome and i am classed as his carer ,,although he is only claiming low rate disability so im not paid a wage,,things are very tight for us anyway,,what can i do ,,does nationwide have a right to claim this back from me after so long,,,clearly the account wasnt in use and i just feel they have continued to put the charges on each month regardless ,,stating they didnt know where we lived it took them 4yrs to find us,,when clearly we are on the electrol roll and it would have in reality taken a day perhaps,and advise would be great,,thanks

Simon Smith answers:

If the account hasn’t been closed, and as they say someone has been applying for a direct debit every month, then they are perfectly entitled to charge you for their admin time in dealing with it.

But from a common sense point of view, they should use their brains and realise that the account isn’t being used.
Four years of returning the same direct debit every month would surely ring bells?

I think if you talk to them and explain the situation, they will write the balance off and close the account.

Don’t ignore them. Write back to them and ask for a clear breakdown of how the debt has accumulated.
Ask for the full name and address of the company who are trying to take the direct debit. Ask for full details of when the direct debit was set up.
Ask for a copy of the direct debit instruction that you signed.
Ask for the dates of every direct debit transaction that they have had to refuse.
Ask for a complete and detailed breakdown of every bank charge on the account in the past 4 years.
Ask for full details of every letter they have sent trying to contact you about the account. Did they send a letter each month to advise that the DD had been returned unpaid again?

Basically ask for every item of proof you can think of which will cause them considerable time and inconvenience in retrieving from their archives.

I’m sure they’ll get fed up and decide to write it off.

If you’re still struggling ask for the contact details of their head office complaints department, and tell them you’ll write to them and also the Banking Ombudsman, and the local papers.

Susan asks…

Is there any way to get money out of a Health Savings Account?

Without using it on “health services”?

I had heard that you can only use the HSA to pay for medical bills and what not, and I thought money in an HSA disappeared after a certain amount of time, but I keep getting balance statements from a bank where I had (have) a HSA from a previous employer.

It says I have almost $2,700 in this HSA.

If I can only get it out for medical purposes, does anyone have any idea how long a HSA would be available, or does it vary?
.

Simon Smith answers:

You can only spend the money on health services. However, you do not Use it or Lose it.

From the United States Treasury web site:
HSA Frequently Asked Questions

Do unused funds in a Health Savings Account roll over year after year?
Yes, the unused balance in a Health Savings Account automatically rolls over year after year. You won’t lose your money if you don’t spend it within the year.

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Daniel asks…

How do I know if he’s looking at porn..AGAIN!?

Ok, Me and my fiancee have been together 2 years and are getting married in November. About 3 weeks ago it was about 5am and he was up getting ready for work and he had shut the door ( I noticed he’d been shutting the door a lot lately as he would walk out of the room) Anyways, I was thirsty and decided to walk to the kitchen (which is on the other side of the house and through the computer room) Well, I was quiet and when I got to the computer room I saw him on the computer jacking off to naked girls on the screen! I had NO idea what to do but he got out of it SUPER fast like he did NOT want me to know about it and got onto his bank statement stuff :/ ..I just kept walking and acted like I didn’t see anything until after he left I text him…long story short…he FINALLY freakin admited to it, and said the reason was because I “leave him hangin” sometimes…UNDERSTANDABLE..anyways…so I‘ve TOTALLY changed…we’ve been doing it a lot and i NEVER leave him hanging! Now, just today I‘ve realized I think Hes doing it again…!!!…because I went to the “cookies” under documents and settings and he had deleted everything which is what he does when he looks at porn. Also our main screen starts actin funny when he does this. Can’t totally explain all this. Sorry so long, but HOW can I check to see what sites hes been on today other than the “history” on the toolbar and the “cookies” under documents and settings…I REALLY need to know..because if he’s still doing it, we have some real problems we need to talk about BEFORE we get married. Its just scary…If I don’t please him enough then I need to know :(

Simon Smith answers:

Hide somewhere in your computer room where you can see him and stuff

Linda asks…

How do I let go when I’m not sure that I want to?

My “spouse” of 3 years and I recently broke up a few months ago (well, I actually moved out). A little history on our relationship: Around March of last year, he lost his kids in a custody battle, after having primary custody for the last 7 yrs. It turned his world upside down. After months and thousands of dollars in attorney fees (which was a hardship for us), he ended up settling and leaving the kids with their mother. I tried to be there as best I knew how through the whole thing. And we seemed to be doing okay, for the most part.

The thing is, last summer, he (a 30 yr old) befriended a 17 yr old girl from the small town he was working in at the time, and an old family friend. Over the course of the last year, I noticed changes in him, and he would stay late at work most days, and when confronted he would tell me there was nothing going on. My accusations regarding his relationship with this girl were the bulk of our fights over the last year. Keep in mind, I have always been one that was 99% of the time right on with my instincts. I wasn’t satisfied with his answers, so I resorted to looking through his phone and bank statements, which pissed him off. Not only did I find hour long phone calls to and from her, I found out that (although he sent me flowers) he sent her flowers on Valentines day (our anniversary) just as a “friendly gesture”. Who does that?!?! I was furious and moved out that day, because that was the last straw.

A couple weeks later, we began talking again and getting together on weekends, needless to say very intimately. It was amazing! He was the person I fell in love with. But something still wasn’t right. Over the last couple of months and more accusations, the truth finally came out. He had been cheating on me with this girl since before the end of ’08, and who he is still (sort of) seeing for now, mostly out of loneliness, because I‘m not available for him all the time. He tells me they are not in a relationship, nor does he want to be in a relationship with anyone until he can get his life straight. Supposedly, their little fling is fixing to come to an end, because she’s too attatched. Well DUH!! She’s 17! He says the only thing he knows is that he still loves me and doesn’t want to lose me, and hopes that at the very least we can still be friends because basically I‘m his best friend. He also tells me that sometimes when he looks into the future he sees me.

I haven’t really felt angry about the situation (crazy right?) and what has happened to me, mostly hurt. Maybe I haven’t been angry because deep down I always knew. I don’t know. I do know that I still love him, because he was my best friend, and even now we can talk for hours and it is so comfortable. But am I crazy for wanting to keep this friendship and him in my life? I feel like I CAN do this now that I have no expectations, but I can’t filter through all the emotions. I want to move on and live my life, but I also want him to be a part of it even if just as a friend. I am so confused!

Simon Smith answers:

Take a chance, life is about making decsions

Ruth asks…

How much compo can i expect for being run over by drink driver in uk?

I was a pedestrian on the pavement, 100% blameless, when ran over by drink driver who was caught and arrested at the scene. He had car insurance so will prob be settled out of court to avoid costs. Ive been off work since Oct 30th 2010, ambulance attended, spent 1 night in hospital. No broken bones but severe bruising to upper legs, buttocks and testicles. I also recieved bleeding in the bladder and a catheter was inserted. I had a urinal bag for 2 weeks, upon removal a bladder infection which required medication to clear up. I still have internal pain and lower back ache constantly. Next doctor appointment Jan 30th 2011 which will be 3 mths off work. Im self employed so difficult to prove what my earnings would have been, although i have bank statements showing i was averaging £500 per week previous to accident. The guy i worked for prepared to sign statement saying he had loads of future work for me. Ive lost roughly £6000 so far and still not sure whether Dr will deem me fit next appointment. A no win no fee lawyer is handling my case. 100% payout. How much roughly should i expect and how long does it take. Should i keep away from work as long as possible? Anyone got any info or advice on this?

Simon Smith answers:

There is no definitive answer as there are too many factors to consider. Generally speaking;
there are 2 types of damages that can be claimed. “General damages” which compensate for the “pain, suffering and loss of amenity”, which in many cases forms the largest part of the compensation. And there is “Special damages” which represent financial losses as a direct result of the accident. You should be compensated for any losses you have so far incurred and any future earnings which you may lose as a result of waiting for your injuries to heal. Each separate injury has a monetary value to it (i don’t know what they are). You could possibly be seen by 2 sets of consultant Doctors, those acting on behalf of the third party insurers and the those that have been nominated by your lawyer.

Sandra asks…

How can I make sure my (non-paying) house guests do not turn into occupants? and I don’t violate regulations?

We live in a rented 3 bedroom house which, due to fire regulations, can only have 2 occupants, otherwise my landlord will either have to make significant alterations or pay a fine. We often have had guests with no problem, except one who overstayed and that caused friction with the landlord (now resolved). We want to keep having friends and relatives visiting, but we don’t want our landlord to get in trouble, or argue with us. But we also don’t want to have to check with him about every single guest. So just to consider some scenarios:

- I understand that if the guest is a blood relative or partner they can stay as long as they want, even become occupants, with no problem, since the council explicitly states that we will still count as ‘two households’. How do I prove someone is my partner if we are not married or in civil partnership? Are the rules the same for opposite sex and same sex partners? I assume that IF they are occupants we still have to inform our landlord and the city council, for, say, council tax reasons?

- If my (non related) friend is visiting from within the UK, is it sufficient to show that her primary address is somewhere else? How do I show this? Her bank statements, paperwork from a different Council? (provided of course she agrees to provide those. If someone questions this, are we legally obliged to prove this/ show these?) The Citizens Advice Bureau has said I can have guests for as long as I want, even months (I have not signed any agreement with the landlord that says otherwise). I don’t expect this to happen, but I want to be sure what the letter of the law says just in case.

- If my non-related friends visit from abroad, should they either have no bank account or job/study in the UK (as normally they won’t), or have them registered with a different address if, say, they stay also at places other than mine during their stay in the UK? (This sometimes can happen as, once they are in the UK, they want to visit all their friends, and may still have a bank account from the past which they have not closed).

- Final and unrelated question: the three bedroom doors have no locks, but have the option to put padlocks in, which we have been doing as we have some valuables in the spare bedroom (IT and electronic stuff), and the neighbourhood is not 100% safe. Does having 3 padlocked doors count as ‘three households’?

Many thanks!!!
Thanks, Bob! Nobody told me this, I was just confused because of some of the Council regulations (they may vary from council to council), I think that if every tenant has a door which locks it does count as different households, but I don’t know about padlocks! But many thanks anyway…

Simon Smith answers:

I do not think 3 padlocked doors count i would just have a talk with this person

Mark asks…

Bank Levy- Can Wage Garnishment be next?

Greetings:

I owed for a credit card money which I wasn’t able to pay off for many months off work however it had gone into a judgment for the creditor.

I was just informed a levy was put into my bank account for 2 charges. One for over $4700 and another one like for $125. The issue is according to when i called the creditor and explained I‘m not working and asked what i owed they informed me I only owe $2700. So I‘m a bit bewildered by this.

The other thing is that I only had about $370 in the account. As I mentioned not working nor receiving unemployment. So I know they’ll take the money that wa in their but how long is the levy on for and why do they put in these amounts of money. The person i spoke to at the creditor office was extremely rude and basically stated pay either the 2k fully or they will leave the levy. I informed I will not have money in there so if they would accept a payment plan. They just kept on asking for the last 5 checking statements. I haven’t been working so that’s not a problem which I can give to them. They probably think i‘m lying and initially giving me a hard time but who knows. Anyone with this sort of experience

QUESTIONS:

1. What does the bank do now that i don’t have the money in there. I can’t imagine they’ll do a negative for all that..

2. How long is the levy on there for?

3. Why did the creditor put so much to take out for when they specifically told me i owed less?

4. When I do go back to work- do they have to file a separate order meaning going back to court for a wage garnishment? Also how do they find out where I work once i get a job? Is it that easy?

5. Since they don’t want to work with me atleast from my initial call- what should I do. I want to repay but obviously little at a time.

I‘m in NYC and would appreciate a reply.

Simon Smith answers:

The previous answer is loaded with a lot of inaccurate info….just don’t feel like correcting all of it.

1) The bank can only give out what you have in your account…nothing more. Get another bank account, preferably a friend will give you joint access. They can locate your bank account if they look hard enough.

2) Not sure how it works in New York. The problem is every state has different laws on this, and New York City is different then the state laws. But in most states they can take anything in your bank up to the end of the court order (6 months where I live). In other places it’s a one-time shot. They take whatever is in your account, and can’t do it again without returning to court for a new order.

3) Court costs, collection fees, interest. What they can take depends on the state law. But collection agents, thieves that they are, usually tack on lots more fees in hopes you don’t know your rights. Check with your local court for rules on this.

4) The just don’t go to the social security office and get this info…it’s illegal. Finding your employer requires some investigative work on their part. Example, they will call your home and try to trick a family member into disclosing it. They can call a neighbor and possibly find out.

But the best way is simply to return to court and file a “judgment debtor disclosure” request. This is where the court will order you to appear in court and disclose all of your financial info, employment and property disclosures. It’s a bit more work but they can get all the info they need by doing this….and if you lie or don’t show up they now have you for contempt of court.

5) Go back to court and request that the judge order installment payments. Again, not sure of the exact procedure in New York, but where I live this will immediately vacate any garnishment or lien order, and the judge requires them to accept what he orders as installment payments. But be warned, if you fail to pay you are again in contempt, and they judge will not be there to help you again.

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Linda asks…

e-file is not recognizing my AGI..(Adjusted Gross Income).. So i’m deciding to mail it.?

I‘m e-filing my tax return this year using turbo tax, but its keeps getting rejected because the AGI that i put for the prior year does not matched their records. I called the IRS they really couldn’t explained to me why its being rejected. The AGI I‘m putting is correct and they have no idea. One representative told me that it could be because i filled 2008 late. I filled my 2008 taxes late january of this year..Does Anyone know the reason for this..ANY sguggestions or solutions??

I‘m thinking about mailing it in.. Does anyone know how long would it take to receive my tax return by mail???
Thank You….

Simon Smith answers:

Your 2008 return may not have processed yet, so the AGI isn’t in the system yet.

You will not receive your tax return by mail. You are SENDING it to the IRS. The IRS claims to process paper returns and mail refund checks in 4-6 weeks this time of year.

I hope this helps.
Gary

Susan asks…

Want to know why people vote Democrat? Here are just a few good reasons. Do you have any more? …?

I voted Democrat because …

I believe oil companies’ profits of 4% on a gallon of gas are obscene but the government taxing the same gallon of gas at 15% isn’t.

I voted Democrat because
I believe the government will do a better job of spending the money I earn than I would.

I voted Democrat because …
The definition of Marriage was old and outdated. After 6000 years of recorded history, it was time for a change.

I voted Democrat because
The first amendment Freedom of speech clause does not insure that all speech is fair. And we need to make sure nobody is offended by speech that is on the political or religious fringe.

I voted Democrat because
When we pull out of Iraq I trust that the bad guys will stop what they are doing because they will recognize that we have changed our ways and they will think we are good people.

I voted Democrat because
I‘m way too irresponsible to own a gun, and I know that my local police are all I need to protect me from murderers and thieves.

I voted Democrat because
I believe that the people who can’t tell us Monday that it will rain on the weekend are experts about how the polar ice caps will melt away in ten years if I don’t start driving a Prius.

I voted Democrat because
I believe government bureaucrats should be in charge of all my health care decisions. I am just to ignorant to know what doctor I should have and what treatments are good for me and too irresponsible to pay for my own health insurance.

I voted Democrat because
I‘m not concerned about the slaughter of millions of babies so long as we keep all death row inmates alive.

I voted Democrat because
I believe that business should not be allowed to make profits for themselves. They need to break even and give the rest away to the government for redistribution to worthy causes and 3rd world dictators.

I voted Democrat because
I believe liberal judges must rewrite The Constitution every few days to suit some fringe kooks who would never get their agendas past the voters.
Oh I thought of one more.
I voted democrat bcs, …
Worthy causes like ADORN and Planned Parenthood might lose funding if the Republicans are in power.
opps typo, that was supposed to be ACORN

Simon Smith answers:

Pretty good, but you forgot…
Koolaide addiction
irresponsibility
nanny needs
my Mother said if I don’t, I have to move out of her basement.
I believe FOX is biased and should be ignored, but MSNBC is fair and balanced.
It’s Bush’s fault… Even the crud that the Dem congress did for 2 years.
I believe anything Keith Olbermann says, and anybody else is racist.
It takes a village, not a Parent.

Mandy asks…

ways to get my landlord to give me a rent receipt for last year – Canada?

Here’s the situation; my landlord is trying to get away with defrauding the government, and he’s dragged me into this by having me not claim my rent for 2010. First off I’m still living at this residence, as does he so I need to keep this interaction with him polite and positive and believable. Second: I was not aware that this was his intentions until after I had moved in, so I feel like I was given no choice in this decision. In attempts to ensure his plan went without a hitch he offered to file my taxes for me and cover the fee it would cost for filing with turbo tax online. Well bottom line, I really don’t like this and it’s not sitting well with me but don’t really have much of an alternative since this is an incriminating situation for me as well. And not to mention I have calculated I’ve lost money from my return for not including this rent paid. Plus if I had asked him for a lump sum rent receipt he would’ve known what I was up to at the time. Now i really want to fix my taxes. However that requires me to provide them evidence (rent receipts). So now I need to come up with ways that aren’t obvious that I am lying to him to get him to provide me a mass rent receipt for last year in full ( 7 months summary on a single receipt). Now I know if I claim I’m being reviewed by the CRA he would likely want to see the proof, so i need help to come up with creative ways that are believable but do not require documentation for me to provide him, basically I need a clause that won’t make him doubt me or ask for. Bottom line I need to come up with a better reason/excuse to get my landlord to write me this receipt, and if this is the case how do I explain why I need it now….to top it all off now I’m afraid to report him to the CRA for fear of getting caught in this myself, I mean yes I’m an adult and I can make decisions for myself but really in my I’m really concerned and the last thing I need is to worry about fraud charges or audits before I fix this issue. Please help I’m desperate! Also I have been considering applying for college recently so if I could collaborate an OSAP application somehow that would be ok. He has issued me receipts in the past to give to my Ontario works worker so as long as I can give him reasonable doubt that the receipt will never be used for income tax purposes . its also come across that previously my OW worker asked me for a copy of my tax returns to inquire why the tax refund was so high so its possible maybe i can use her as an excuse- that she was reviewing my records and requested i get a mass rent receipt along with a copy of my summary of my tax returns- however the timing of this may set off some alarms so i‘m hesitant of using this reasoning but if i had to i could likely pull this excuse off but would like to save it as my last resort.

Simon Smith answers:

The simplest way of getting your landlord to give you a receipt is to quote section 109 of the Ontario Residential Tenancy Act which states:

“A landlord shall provide free of charge to a tenant or former tenant, on request, a receipt for the payment of any rent, rent deposit, arrears of rent or any other amount paid to the landlord.” 2006, c. 17, s. 109 (1).

As far as being found out by the CRA if Revenue Canada suspects even for a second that you have been complicit in a fraud scheme of any kind you will find yourself in deep and serious trouble.

Every tax return can be audited at any time, in any year going back for years. Auditing can be done randomly or it can be done because government auditors spotted an anomaly in your 2010 return which sent up a red flag. In other words the CRA next year or in 5 years could decide to randomly audit you and find discrepancies on your 2010 return to which you would have to satisfy them.

What you are doing is rationalizing that you were in some way a victim when you say you feel you really had no choice but to go along with the landlord’s intentions. You are not an innocent victim. You lied on your return. You have good reason to feel scared and worried that you will be found out.

You knew what your landlord was wanting to do and you went along with it. You even signed/authorized the accuracy of your return. You need to re-read the paragraph at the end of every income tax return that says, “Filing a false return is a criminal offense”. Instead of finding some so called clever creative way of trying to dodge this with your landlord I would simply submit a letter to Revenue Canada and request a tax re-assessment stating that not all claims/deductions were submitted on the last one. You do not need to tell them all the sordid details. Just tell them that you had someone else do your return, certain amounts were inadvertently not disclosed and you were careless in not reviewing the return before signing it and submitting it. Just be up front with them.

If you cannot provide rent receipts then explain why and tell them exactly how much your rent in 2010 was. Be honest about it and tell them your landlord refuses to give you one but again remember that you landlord is violating Ontario tenancy law.

One thing is certain. If you try to screw with Revenue Canada they have ways of hunting you down and in all likelihood you will lose any future grant/loan money eligibility you might enjoy with your OSAP as well as suffer other punitive consequences. You are wise in wanting to straighten out your tax issue before Revenue Canada comes and straightens you out. Good luck. I’m sure if you are completely up front about this there will be no problem.

David asks…

Taxation on Backpay for a Pension?

This is for an older person I know. Apparently they worked for a union in California and currently reside in Arizona. I don’t know if this affects anything.

They received a letter recently saying that they had a pension in their name that started April 1 2004 was when it started and is now owed for 7 years of backpay. The forms and everything are all to the point however nothing states how much money it is. There was a self-printed form that someone typed up, as in just like if I typed up a form from my home computer, and they signed it. It says that due to not having been paid, when he does receive all of this backpay he may be subject to a tax penalty. He was widowed years before the time the pension began. So my questions.

Is there any interest that may have accrued or would be rightfully owed?

Do they have any reason to avoid a lump sum payment in this situation?

Should there be any worry for falsifying of documents or anything concerning how much they pay out? Any thing he should worry about saying or not saying.

Are there any tax documents he’d have to file when the next tax year comes because of the amount of money it is, even though he is long retired?

Is there any preference on receiving a payment this large? (I had trouble once with interest on 5 years of over paid taxes when I was audited that many times in a row due to an IRS fault and my adoption records, whole ‘nother story. Cut check took 2+ months to “process”)

Will there be any delay in payment?

One person I know that is in a Union currently in AZ stated, “They should pay the taxes on that too for him.” Does this hold any truth or is it speculative and not worth pursuing?

Lastly, maybe a current steward can answer this or someone higher up. He didn’t file his papers and keep the Union he worked for informed on where he resided so that’s why they couldn’t contact him sooner supposedly. Why did they contact him now? From 2006-2009 he resided in the same place and received social security, supposedly that’s how they contacted him by contacting federal in some way to find him. Is there any reason to assume they delayed finding him in any way? Not that we want to argue it with them but this is out of my own curiosity and his.

Will this affect his social security now that he will be receiving pension pay as well?

He does know what’s going on for the most part and I‘m helping him out with most of this to help speed things up because he is deaf. Any information or pointers will be helpful but please don’t just state, “go see a tax rep schlomo.” We are going to do that if we feel the need to and if we feel bamboozled in any way.
I believe you are understand the interest as interest owed due to tax penalty. I am talking about interest owed because the money has not been paid out until now. So in other words the payout to my friend will be monies owed + interest due to the fact that he has not received anything.

There has not been any letters or notices from the IRS. This is the first he’s heard of it. He became eligible on April 1 2004 when he was over 70 1/2 years old. The last year he worked at this job was in 1980. From another tax person at Jackson Hewitt, he HAS to receive the money from that start date. They cannot play a game and act as though they don’t owe him any money prior to now because he didn’t fill out his pension application.

Also I wanted to make sure that you are aware that Pension must be applied for when you become eligible due to the fact that the default payout is a 50/50 spouse split. They cannot just send checks to your last known address and that’s what the Trust informed me

Simon Smith answers:

The taxes are always the responsiblity of the taxpayer.
Penalties and interst are also the responsibility of the taxpayer.

The mystery here is that this supposed pension has been paying since 2005 and would have been requierd to issue a 1099-R for any money distributed. If the 1099-R plus his other income (not including SSA retirement benefits) is more than the filing requirement ($9350 for under 65, $10,750 if over 65), he should have been getting mail from the IRS about the missing income.

Let’s say it’s legit, he gets a lump sum in 2010, gets a 1099-R for the first time showing all the back money and pays taxes all at once. Then some of his SSA benefits can become taxable. It won’t cause him to actually lose any of the benefits. (SSA benefits are taxable when 1/2 of SSA plus all the other income pushes you over $25,000.)

Ruth asks…

Filing Taxes on SE for eBay income and Babysitting income- where do I find easy answers?

From September 2008 to the end of the year, I made exactly $1521 in babysitting income. I have no idea at this time if the mother of the child I watch is going to claim him, but after much research I think I must file as an independent contractor. I do the work in my home. The only thing she tells me to do is when to work and what to give him for food.

Question #1. Do I claim the money I earned in December even though I was not paid in December for that money?

Question #2. What are legal deductions I can take and is it worth it? I take him to storytime and Kidz Klub- so could I count that as a driving expense? Also, I must pay for all his food, and the first couple months his diapers/wipes. Are these deductible?

In regards to the ebay business, I sell items I find at the thrift store, in my home (already have from long ago) or things that are given to me by family members. I do this as a hobby. I made around $500.

Question #3. Do I count this as income?

Question #4. I kept very accurate records of what I earned, how much I paid for each item, what it sold for,- all boiling down to profit and loss. How do I report this, and would it be a seperate Schedule C from babysitting?

Question #5. What is deductible? My trips to the post office, paper to print packing slips, my time on the internet to post/list/respond, shipping materials, my trips to the thrift store?

We want to be able to get the most back as possible (as does everyone). We qualify for the EIC credit even with my income from babysitting/eBay. Would it be wise to show a loss?
Question #6. Can I claim part of my rent as an expense since I work out of my home? What about my car payment for either since I partly use it for business?

Lastly, where do I find information about moving expenses and what’s claimable?

Simon Smith answers:

1. No, you only claim money you received during the year. So claim money for work in December 2008 but received in January 2009 in 2009.

2. You can take expenses for the food and diapers. You can also count some of the actual costs of owning your home because a home day care get the office-in-home deduction. You calculate your profit on Schedule C.

3. Ebay business/hobby – yes, you count your profit as income. Your profit is your sales minus the cost you paid minus any other expenses incurred in running your business/hobby. If your motive for doing it is to make money but you lose money, you can actually take the loss on your return. If you motive is to have fun and you loss money, you cannot deduct the loss.

4. Yes, a separate Schedule C for each business.

5. All those things you listed are deductible except your time. Self employed people can’t pay themselves. Their pay is the profit from the business.

EIC – if you have a loss, you are legally required to declare the loss. It is against the law to manipulate your income in order to maximize EIC. You need to know that one of the highest percentage of returns chosen for audit are those with both Schedule C and EIC. Since you asked that question, it is obvious that you have already figured out why that would be.

6. Yes, for the rent as part of the day care. See my answer for question 2. No, for the car payment, but you can deduct mileage for running to and from the post office in support of your ebay business.

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