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Questions Answered by D. Mathew Blackburn
1 Answer | Asked in Tax Law for Colorado on
Q: In Colorado, if a church rents its parsonage to a non-minister, will it need to pay state property tax?

The income from the rental will be given to the pastor for a housing allowance. Would this count as a "religious use" so they can remain tax-exempt for state property tax purposes?

D. Mathew Blackburn
D. Mathew Blackburn
answered on May 20, 2023

The income from the rental would be unrelated business taxable income. The income is 1. from a trade or business; 2. regularly conducted; and 3. not substantially related to their exempt purpose.

A Form 990 would need to be filed and tax paid on the UBIT.

This does not necessarily...
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3 Answers | Asked in Estate Planning and Tax Law for Colorado on
Q: A deed to a property goes into an irrevocable trust. Is the real estate taxable by the government?

Or is the property subject to the tax break the irrevocable trust receives?

D. Mathew Blackburn
D. Mathew Blackburn
answered on Mar 29, 2023

Is the real estate taxable by the government? Yes.

Or is the property subject to the tax break the irrevocable trust receives?

It also would receive any tax breaks as well as being taxable.

It's still taxable when the tax assessed is $0.

That's going to...
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1 Answer | Asked in Contracts, Gaming, Small Claims and Tax Law for Colorado on
Q: My senior class organized a game where everyone buys in and receives a cash prize. Is this legal?

My senior class organized a game where everyone bought into the game and the winner receives a cash prize. It is organized by students, not affiliated with the school. Every player signed an agreement that they accepted the rules. Students are being kicked out of the game, despite not violating any... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Feb 3, 2023

Contact the Colorado Attorney General to file a consumer protection complaint.

https://coag.gov/office-sections/consumer-protection/

This may also be considered theft and/or fraud. Filing a police report may be appropriate.

You would also have a civil action for breach of...
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2 Answers | Asked in Bankruptcy, Business Law and Contracts for Colorado on
Q: We paid a company 30k to build an online business. After two years, the company filed for chapter 7. Can we do anything?

The company was paid as private contractors. We waited 2 years for them to build the store they promised, but all they ever did was delay. Now they’ve filed for chapter 7 bankruptcy without ever telling us and we don’t know what, if anything, we can do legally to try and recoup our $30k. The... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Dec 4, 2022

You would have to reduce the cause of action to a judgement by filing a lawsuit and going through that process. This process will depend on the language in any contracts executed or if there was no contract the state procedural and conflict of law rules.

Once you have a judgement you would...
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2 Answers | Asked in Tax Law for Colorado on
Q: I live in co, work remotely for company based in fl, w-9 shows my address as fl. How do i file my taxes
D. Mathew Blackburn
D. Mathew Blackburn
answered on Jan 9, 2024

File federal and Colorado.

Submit a corrected W-9 to the company.

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2 Answers | Asked in Immigration Law, International Law and Tax Law for Colorado on
Q: Should international students can invest in stocks in US or not?
D. Mathew Blackburn
D. Mathew Blackburn
answered on Dec 12, 2023

International students, and anyone else in the world, can invest in the US stock market.

They will be taxed based on their residency status. That can become rather complex so I would budget some investment returns for a professional tax return preparer.

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1 Answer | Asked in Employment Law for Colorado on
Q: If I started work on mach 2 and the say I don't get my first check till the 30th of March and we get paid on the 15th&30

Is that legal?

D. Mathew Blackburn
D. Mathew Blackburn
answered on Mar 15, 2023

When does the March 15th payroll close?

If is closes on the last or first of the month you wouldn't have any earnings in the payroll period.

If it ends later, say the 10th, then you sold have a check on the 15th.

That should be covered in your employee manual....
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3 Answers | Asked in Business Law for Colorado on
Q: What kind of lawyer do I need? I own an assisted living home and one of my clients fell and they are sueing me
D. Mathew Blackburn
D. Mathew Blackburn
answered on Feb 1, 2023

Defense Attorney, Trial Attorney, Litigation Attorney all describe what you need.

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1 Answer | Asked in Tax Law for Colorado on
Q: Can I sue an auto dealership for charging taxes that don't apply to me and not refunding the money ?
D. Mathew Blackburn
D. Mathew Blackburn
answered on Oct 22, 2022

You can file a suit but your chance of success is very low.

You'd be better off submitting a request for refund with the tax agency.

1 Answer | Asked in Business Law for Colorado on
Q: Any law in Colorado to stop an LLC from dissolving to avoid paying a judgement then turn around and start a new like LLC

We are suing a Contractor (LLC) and are pretty sure we'll win, but hate to think they can simple dissolve the LLC, and then turn right around and start another Contracting Company (LLC) and get away with it.

D. Mathew Blackburn
D. Mathew Blackburn
answered on Feb 1, 2022

In that scenarios there's a few different approaches to pursue the owners and the new entity. First LLC owners can be responsible for judgements against the LLC for amounts distributed form the LLC for a period of three years prior to dissolution. Second, this would likely be considered a... View More

1 Answer | Asked in Estate Planning and Tax Law for Colorado on
Q: are trusts of estate required to be registered? And if so, is there an index number, or how can I find if registered?

are trustees required to submit forms proving powers of appointment?

D. Mathew Blackburn
D. Mathew Blackburn
answered on Dec 18, 2021

Irrevocable trusts are required to be registered as are estates subject to probate. Revocable trusts and estates under the probate requirements are not required to be filed with the district court, probate court in Denver County.

The best way to find out is to go to ICCES...
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1 Answer | Asked in Banking, Business Law, Civil Litigation and Contracts for Colorado on
Q: what do i do if my soon to be ex wife and my family the state and conuty ect .... as well as every bank wont help me ..

they have hacked every phone ..on my sixth phone line ..i now have no money no wheels.. they are hidding everything from and everyone has helped them ... she sold and stole a patent of my and now doing it agian ..its all about money investment property ... i never even knew and now they're try... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Nov 4, 2021

Scheduling an appointment with a therapist to help you move past your loss. If you've exhausted all other remedies there's nothing left but to let it go. A professional can assist you with that.

1 Answer | Asked in Business Law, Government Contracts and Intellectual Property for Colorado on
Q: Does my company own the right to my licenses?

During the course of my employment with my current employer I uptained my professional engineer (PE) license. I paid for all classes, books, exams out of my pocket. I even took paid time off to take the exam. My company really wants to use this license on their proposal work in order to win more... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Oct 27, 2021

The company does not have the right to use your property without your permission. Get your request in writing and then if they don't comply within 10 days go get a lawyer.

Also, if you're a W2 employee and you were told you would receive a pay increase and you didn't file a...
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1 Answer | Asked in Tax Law for Colorado on
Q: What penalties will I receive for submitting taxes as a dual LLC if we were a sole member in 2020?

Hi!

I recently filed my taxes with a filing agency, and they submitted my taxes as a dual member LLC, but we are a sole member LLC.

Am I going to get automatically audited? How can I protect myself?

D. Mathew Blackburn
D. Mathew Blackburn
answered on Jun 8, 2021

We are a sole member LLC? That sentence doesn't sound right.

This sounds like a marital partnership.

There's no additional tax or penalty for filing as a partnership vs a Sole-proprietership. Assuming that the partnership return was filed timely.

The difference...
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1 Answer | Asked in Business Formation for Colorado on
Q: How to move a Nevada LLC to Colorado? I want to preserve the company history and EIN but I don't want in Nevada anymore.

I have a Nevada LLC and I want to move it to Colorado where I now live. I want to preserve the company history, EIN, etc. so not start a new LLC but just migrate it to a new state. What's the best way to do this? I heard creating a new LLC in Colorado and merging the Nevada one into it, but... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Mar 30, 2021

Yes.

You can create a new CO LLC and have that LLC acquire the NV LLC. Then merge the two with the CO LLC surviving.

Or

File a foreign registration in CO for the NV LLC. Then convert the CO foreign LLC to a domestic LLC.

Dissolve the NV LLC.

That moves...
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1 Answer | Asked in Uncategorized for Colorado on
Q: Can lawyers donate their older versions of Colorado Revised Statutes and Court rules and civil procedures to public?

Donate these books for educational purposes and have general knowledge of laws and court procedures.

D. Mathew Blackburn
D. Mathew Blackburn
answered on Jan 24, 2021

There's no prohibitions on what lawyers do with old books. I haven't had a physical copy of a legal book in four or five years.

Most of the larger firms put out a notice that the old books are available if anyone is interested in picking them up.

1 Answer | Asked in Tax Law, Workers' Compensation, Business Formation and Business Law for Colorado on
Q: Do I need Workers Comp for a Single Member LLC when it's just me?

I formed an LLC for Photography and it's only me, am I required to get Workers Comp or can I save that?

D. Mathew Blackburn
D. Mathew Blackburn
answered on Jan 8, 2021

No, not required.

1 Answer | Asked in Tax Law for Colorado on
Q: Is the payroll tax deferral constitutionally legal?

President wrote executive order for payroll tax deferral, with a payback date and no option out for military service members. Sounds like taxation without representation.

D. Mathew Blackburn
D. Mathew Blackburn
answered on Sep 10, 2020

There is no constitutional requirement for representation prior to taxation. Washington D.C. residents have no representation and they still pay income tax. If you travel through a state that you don't reside in you are still subject to that's state's sales tax even though you have... View More

1 Answer | Asked in Business Law and Contracts for Colorado on
Q: Can a tenant get out of a commercial lease because of covid 19 if the business is suffering?

Also, can a tenant get out of a commercial lease for medical reasons?

D. Mathew Blackburn
D. Mathew Blackburn
answered on Sep 3, 2020

It will depend on the force majeure clause if any.

Really depends on what the contract says and the facts and circumstances involved.

Unfortunately you're going to most likely have to retain an attorney to review the contract and your situation to really get a clear answer...
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