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Questions Answered by David S. Greenberg
1 Answer | Asked in Tax Law for California on
Q: I owe California income tax. My wages are being garnished but they also levied my bank account. Can FTB do both?
David S. Greenberg
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David S. Greenberg
answered on Apr 22, 2022

Unfortunately, the California Revenue and Taxation Code allows the FTB to do this.

It's important to note that relief from the levies may very well be available.

It's best to immediately establish contact with an experienced tax attorney to help you with this.

1 Answer | Asked in Real Estate Law and Tax Law for California on
Q: I live in California, but have a house in Puerto Rice. Is there a withholding of 15% to the IRS for the sale of my house

I live in California, but have a house in Puerto Rice. Is there a withholding of 15% to the IRS for the sale of my house for $400k

David S. Greenberg
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David S. Greenberg
answered on Apr 21, 2022

The IRS only requires 15% of the sales price be withheld on the sale of United States real property interests by foreign persons.

2 Answers | Asked in Tax Law for California on
Q: I'm an independent contractor with no "earned" income in 2021 but had unemployment, can I still take Sch. C expenses?

Normally, I am self-employed (independent contractor) freelance exec. assistant and run my business from my apartment and use Schedule C to deduct expenses for that business. However, from Jan. to Sept 2021 I collected Pandemic Unemployment Assistance and did not have any earned income and my PUA... Read more »

David S. Greenberg
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David S. Greenberg
answered on Apr 6, 2022

Yes.

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1 Answer | Asked in Tax Law for California on
Q: I had a tax issue and the issue has gone to IRS court . Can i do a settlement with the IRS instead of going to court.

I had a tax issue and the issue has gone to IRS court. Can I do a settlement with the IRS instead of going to court? The Tax Agent who has handled my case bailed out at the last moment. Is it advisable to go with an attorney who may charge up to 25k start and may go up? Where should I get good... Read more »

David S. Greenberg
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David S. Greenberg
answered on Apr 3, 2022

Yes, you most certainly settle your case. In fact, a very high percentage of Tax Court cases are settled.

3 Answers | Asked in Employment Law and Tax Law for California on
Q: Is there something I can do if my employer misclassified me as an independent contractor?

I have a question regarding taxes…my employer last year classified me as an independent contractor, however i was looking into CA state law and based on what I was reading, I should have been classified as an employee. The employer gave me a 1099 and now I owe around $3000 in taxes. Is there... Read more »

David S. Greenberg
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David S. Greenberg
answered on Mar 11, 2022

File Your Tax Return with IRS Form 8919.

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1 Answer | Asked in Tax Law for California on
Q: In 2011 I incurred a state California tax debt. In six years ago I got married. If I move to Washington state.

Will California still go after my wife’s income or just mine to pay back the debt

David S. Greenberg
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David S. Greenberg
answered on Jan 7, 2022

Because Washington is a community property state, you have a community interest in your wife's earnings. The California FTB can therefore collect on your community interest in those earnings.

1 Answer | Asked in Business Law, Mergers & Acquisitions and Tax Law for California on
Q: I owe the CDTFA a tax balance generated by my business corporation that I no longer own. do I have liability protection?

The company was sold but only the assets were acquired. Does the tax debt fall on me personally?

David S. Greenberg
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David S. Greenberg
answered on Nov 18, 2021

Section 6829 of the Revenue and Taxation Code provides that the California Department of Tax and Fee Administration (CDTFA) may pursue collection action against certain corporate personnel for any unpaid corporate sales and use tax liability.

1 Answer | Asked in Real Estate Law and Tax Law for California on
Q: Does a tenant paying property taxes and utilities count as taxable income to the owner?

My parents live in a house I own. I don't want to charge them rent, but do want to set up a rental agreement where they will agree to pay the property taxes and utilities. Do I need to count the property taxes and utilities paid by them as rental income on my taxes?

David S. Greenberg
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David S. Greenberg
answered on Jul 11, 2021

The Internal Revenue Code clearly calls for such payments to be characterized as rental income.

3 Answers | Asked in Business Formation, Business Law and Tax Law for California on
Q: Do I have to pay the CA franchise and file annual income tax for a newly formed single member LLC with no income?

Hello

I created a new LLC last July and I'm the only member.

So far the LLC has not been operative and has generated no revenue.

Do I need to file an income Tax return or pay the $800 California Franchisee tax?

Thank you.

David S. Greenberg
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David S. Greenberg
answered on May 17, 2021

Yes, you need to file a return and pay the $800 minimum tax.

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1 Answer | Asked in Tax Law for California on
Q: Are capital gains part of gross income under California tax law?
David S. Greenberg
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David S. Greenberg
answered on May 7, 2021

California taxes capital gains as regular income.

4 Answers | Asked in Bankruptcy for California on
Q: How do I file for bankruptcy? I lost everything due to Covid & don't qualify for help. My new business failed.

I launched a new business the day shelter in place in California occurred. I'd been building the business for over a year & living on savings that's gone. I was a teacher for 20 years and had to quit due to cancer. I don't qualify for government help though I've tried. I... Read more »

David S. Greenberg
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David S. Greenberg
answered on Jan 24, 2021

From what you've said, it would appear that Chapter 7 bankruptcy is the likely remedy for you.

It's best that you consult with a qualified bankruptcy attorney who will explain the entire process.

In our office, we provide consultations in that regard without charge.

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1 Answer | Asked in Tax Law for California on
Q: I plan to live abroad for some months. Can I use a commercial mailbox as my address in the US?

I am employed by a California company and can work remotely. I don't own a residence in the US. Should the commercial mailbox be in California so I continue paying California taxes? Is it okay to choose it to be elsewhere? I don't plan to return to California.

David S. Greenberg
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David S. Greenberg
answered on Nov 11, 2020

California can tax you on all of your California-source income even if you are not a resident of the state.

That being said, it's nonetheless best to cut all ties with California to the extent possible, i.e., do not maintain a commercial mailbox within California.

4 Answers | Asked in Bankruptcy for California on
Q: I also received a summary of trustee’s final report and application for compensation. The last page looks like this:

Timely claims of general (unsecured) créditos totaling $35,118 have been allowed and will be paid pro rats only after all allowed administrative and priority claims have been paid in full. Does this mean I have to pay that or they telling me they will pay it or they paid it??

David S. Greenberg
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David S. Greenberg
answered on Oct 20, 2020

All payments described in the trustee's final report will be paid by the trustee utilizing funds derived from non-exempt assets. You will not personally be responsible to make any such payments.

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2 Answers | Asked in Tax Law and Real Estate Law for California on
Q: capital gains tax

My dad is 83 owns a house outright here in california. My mother passed 2 years ago. The house is in trust to me (only son) if he were to pass. If he does pass, and the house is inherited by me, and I sell it after that, do I get hit with capital gains tax?

David S. Greenberg
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David S. Greenberg
answered on Oct 18, 2020

When your dad passes, the basis is stepped up to then current market value. If there is no increase in value by the time you sell it, there will be no capital gains tax exposure.

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5 Answers | Asked in Bankruptcy for California on
Q: Should I file for bankruptcy to get out of a timeshare
David S. Greenberg
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David S. Greenberg
answered on Aug 11, 2020

A Chapter 7 bankruptcy would ordinarily generate a discharge of your timeshare obligation.

However, the decision to file the Chapter 7 should be based upon your entire financial situation.

The Chapter 7 remedy is a powerful tool to clear out dischargable debts, and can only be used...
Read more »

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4 Answers | Asked in Banking and Bankruptcy for California on
Q: Hello, I am receiving unemployment insurance in my checking account after the 341 meeting of creditors chapter 7 in Ca

No creditor showed up for my 341 meeting. Can they still take money from my checking account? Thanks!

David S. Greenberg
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David S. Greenberg
answered on Jun 15, 2020

On the date that the bankruptcy petition was filed, there came into existence an automatic stay order which precludes any creditor from undertaking collection activity. The conclusion of the 341 meeting does not serve to change in any way that automatic stay order.

When the discharge...
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2 Answers | Asked in Tax Law for California on
Q: When deducting attorneys fees incurred for the collection of taxable alimony, do I deduct the full amount incurred?

On my tax returns, When deducting attorneys fees incurred for the collection of taxable alimony, do I deduct the full amount incurred or only the portion that I paid? I still owe on the total I incurred.

For example- I incurred $15,000 in attorneys fees to enforce collection of taxable... Read more »

David S. Greenberg
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David S. Greenberg
answered on Jun 4, 2020

You can deduct only the amount you actually paid.

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2 Answers | Asked in Tax Law for California on
Q: Pro or Con of filing separately or jointly for 2019 taxes. She has properties. We have house to be sold. Also tax bill
David S. Greenberg
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David S. Greenberg
answered on Apr 23, 2020

In community property states such as California, all income earned by either spouse belongs equally to both. Therefore, if you file separate married returns, you must total all marital income then divide it down the middle, with each of you reporting half.

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5 Answers | Asked in Bankruptcy and Tax Law for California on
Q: Are income taxes from about 10 years ago dischargeable through chapter 7 bankruptcy?

My partner never filed the tax return for those years. I believe IRS filed substitute returns and the income taxes owed for each year were assessed a while ago. Do I need to file returns for those years before filing bankruptcy?

David S. Greenberg
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David S. Greenberg
answered on Mar 22, 2020

Assessments resulting from substitute for returns are not dischargeable in a Chapter 7 bankruptcy.

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1 Answer | Asked in Tax Law for California on
Q: Can California collect on taxes never filed (2017). I was sent a bill threatening levy, but i haven't filed yet.

I didn't filed in 2017 and CA state sent me notices asking me to file. Then they sent a State Income Tax Balance Due Notice saying that if I agree with their notice and if I don't pay in full in 30 days they may begin collection action. If I disagree, I have to contact them. Can they... Read more »

David S. Greenberg
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David S. Greenberg
answered on Mar 3, 2020

If the FTB acquires income data by way of a W-2 or 1099, and if there is no response to a request that you file a return, the FTB has standing to file what is known as a substitute for return.[SFR]

They can then take collection action on the balance due shown in the substitute for return....
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