I pay property tax on my home….the homeless pay no property tax on their home. Discriminatory.
answered on Mar 13, 2024
While it is technically possible to sue the state for discrimination regarding property tax, your specific argument about discrimination between homeowners and homeless individuals is unlikely to be successful.
Here's why:
1. Equal Protection Clause: The Equal Protection Clause... View More
My father died intestate in California and I am the administrator. My brother is the only other heir. He left behind a lot of unpaid tax bills. He also left my brother and me healthy sums of money via POD accounts. Can I just use those out of pocket funds to pay off his back taxes to keep the... View More
answered on Mar 12, 2024
Under California law, there is no legal prohibition against you paying your deceased father's back taxes out of pocket, using the funds you received from the POD (Pay-on-Death) accounts. In fact, it may be a practical solution to settle the estate more efficiently and avoid selling the house,... View More
I was terminated from my employment and signed a severance agreement with my employer. The amount listed in the contract was 3 months severance minus standard payroll deductions & withholdings. However, when I received the lump sum severance amount and reviewed deductions, I was taxed over 40%... View More
answered on Mar 7, 2024
In California, severance pay is often treated as supplemental income by the IRS and is subject to federal withholding rates. If your employer did not consider it as supplemental wages, it's important to understand how severance pay is taxed. Severance pay can be taxed at a higher rate... View More
50/50 unmarried tenants in common on residential property in Riverside, California. Tenant A wants to gift 50% interest so Tenant B is the sole owner on the title. What's the best way to go about this (quit claim deed?) and tax implications?
answered on Mar 1, 2024
When a tenant in common wishes to gift their 50% interest in a residential property to the other tenant, ensuring the transfer is executed correctly is crucial. In California, one common method to transfer such an interest is through a quit claim deed. This document will effectively transfer the... View More
answered on Feb 25, 2024
Under California law, your ability to register for a class action lawsuit against Optima Tax Relief depends on the specific circumstances of the case and the deadline to join as a class member. Class action lawsuits have defined periods during which affected parties can sign up or... View More
If I do not pay my monthly health insurance bill from covered CA, the bill says my plan will be canceled. If I do not use the health plan for the 30 days will this cause a lapse in insurance when I do my taxes next year? Also, will I have to pay the 30 day monthly premium to the health insurance... View More
answered on Feb 22, 2024
Yes, not paying your health insurance premium and having your Covered California plan cancelled after 30 days would likely cause a lapse in coverage when you go to file taxes and could have other negative impacts. Specifically:
- If your plan is cancelled for non-payment of premiums, this... View More
"Most F-1 students and scholars who are in the US are nonresident aliens for tax purposes.
You will be considered a resident for tax purposes if you pass the substantial presence test."
This would mean every single student studying for longer than 2 quarters is a resident... View More
answered on Feb 21, 2024
You are correct that F-1 student visa holders are generally exempt from the substantial presence test for their first 5 calendar years in the United States. This means they would retain nonresident alien status for tax purposes during that initial period.
Specifically, IRS code... View More
My properties sold under tax default now the same agency that sold them has stated they made a mistake and I over paid said taxes I want to reclaim my properties and file suit on the agency
answered on Feb 21, 2024
In your situation, seeking legal representation experienced in real estate and tax law is crucial, especially given the complexities of property sales under tax default and subsequent claims against a governmental agency. Attorneys with a focus in these areas will be able to navigate the legal... View More
answered on Feb 21, 2024
If your attorney has not kept you informed about your case and has not provided updates regarding the status of your inheritance funds, you have the right to terminate the attorney-client relationship. Begin by sending a formal written notice to your attorney expressing your dissatisfaction with... View More
I was never informed of this case. My wages were not garnished no bill in the mail. I had no way of knowing that I should be paying. For a whole year I was racking up this debt and no body told me about it. Now looking at the order that was filed it has wrong information on it. It says I have no... View More
answered on Feb 21, 2024
If your tax return was seized for arrears related to child support or other debts, there may be avenues to contest the seizure and potentially recover some or all of the seized funds. It's concerning that you were not informed about the case or given an opportunity to address the arrears prior... View More
Got bill for 2020 CA state income, with interest & penalties, at the house I used to own with my ex. Divorce finalized in 2010; she got the house, has been making the payments herself since Jan 2009. The loan was modified to remove my name and has since been refinanced.
Apparently my... View More
answered on Feb 21, 2024
Good questions. Here are a few points in response:
1) No, technically California cannot tax you or assess state income tax liability solely based on a erroneous 1098 form, without actual proof of California source income. So there are grounds to fight this.
2) Options to resolve:... View More
I read that one can have a three month lapse in health coverage to avoid a tax penalty, though it did not show a year.
answered on Feb 20, 2024
Based on current California law, the health insurance mandate requires individuals over the age of 18 to be enrolled in minimum essential coverage for the full duration of 2024, with strictly limited exceptions, in order to avoid a tax penalty. There is no longer a "3 month lapse"... View More
A friend of mine has a chance to buy a 10 seat table at a very high profile celebrity event for $60,000. Since the event is invitation only it sells for well over $50,000 a pair. There would be 2 pairs of tickets auctioned. But the table isn’t donated, they would have to buy it. If the... View More
answered on Jan 31, 2024
Under California law, a non-profit organization engaging in this type of transaction should be aware of certain legal considerations. Firstly, when a non-profit purchases tickets for an event and then auctions them at a higher price, the profits made from this transaction must be used in accordance... View More
I am currently living there and paying the payment on the house. Will this benefit me or not? Will it be worth it?
answered on Jan 26, 2024
In California, when you receive property through a quitclaim deed, such as a house, it becomes your asset and you need to consider this in your tax filings. If you are living in the house and paying the mortgage, you may be able to claim certain tax benefits such as mortgage interest deduction.... View More
answered on Jan 18, 2024
If you have discovered that there is a class action lawsuit against Optima Tax Relief, it's important to understand how this may affect you, especially if you are a client or have been impacted by their services. A class action lawsuit typically involves a group of people with similar... View More
My sister's ex boyfriend purchased mine and my brother's share of the house we were inheriting from our father. He later then signed over the property to my sister without her paying him any money. She claims there is a legal loophole that allows him within a certain time to purchase an... View More
answered on Jan 18, 2024
The situation you're describing raises questions regarding gift tax obligations. Generally, when property is transferred for less than its full market value, the difference can be considered a gift for tax purposes. The IRS requires that any gift over a certain annual exclusion amount (which... View More
I have a sibling who receives an annual salary as an employee from her ex-boyfriends family corporation, which he does not own solely. She has not worked for him in a decade. I believe he does this to avoid paying her living expenses out-of-pocket, and to keep her silence, as she knows his tax... View More
answered on Jan 18, 2024
In this scenario, several legal issues are raised, including potential tax fraud and employment law violations. Paying someone a salary for a position they are not actively working in can be problematic, especially if it's done to conceal other motives like tax evasion or hush money. If the... View More
I have a sibling who receives an annual salary as an employee from her ex-boyfriends family corporation, which he does not own solely. She has not worked for him in a decade. I believe he does this to avoid paying her living expenses out-of-pocket, and to keep her silence, as she knows his tax... View More
answered on Jan 18, 2024
There are several issues raised by this practice. However you have no standing to do anything about it, and your sibling is equally implicated by any unlawful conduct, meaning she does not have a remedy. The worst case scenario is that your sibling gets sued for defrauding the other owners,... View More
My brother and I are the beneficiares of my Dad's estate and would be splitting the proceeds 50/50. Will taxes be paid on just the trust or would the trust pay taxes first and then us as beneficiaries pay taxes as well on our proceeds? Thank you for your help.
answered on Jan 13, 2024
The tax implications of selling a house that was held in a trust can be complex and depend on various factors, including the type of trust, the terms of the trust, and the tax laws applicable to the trust and the beneficiaries. Generally, if the trust is a non-grantor trust, the trust itself may be... View More
My brother and I are the beneficiares of my Dad's estate and would be splitting the proceeds 50/50. Will taxes be paid on just the trust or would the trust pay taxes first and then us as beneficiaries pay taxes as well on our proceeds? Thank you for your help.
answered on Jan 13, 2024
There is a strong likelihood that the house was included in your father‘s taxable estate and, therefore, received a step up in basis as of his date of death. If the house sold for a price that was close to date of death value, chances are there was no capital gain after taking into account... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.