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Florida Tax Law Questions & Answers
1 Answer | Asked in Tax Law for Florida on
Q: When would tax debt from 2009 be forgiven?
Theodore David Vicknair Sr.
Theodore David Vicknair Sr. answered on Jul 21, 2021

This depends on many factors. First, the general rule for statutes of limitation on collection is 10 years. The statues of limitations begins running on the date the return is filed. So, assuming the 209 return was filed on April 15, 2010, that would be April 15, 2020.

However, the...
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1 Answer | Asked in Criminal Law, Federal Crimes and Tax Law for Florida on
Q: Can a lawyer be hired to investigate and bring criminal charges against someone?

Asking for the charges of insurance fraud, ppp loan fraud, falsely claiming to have a college degree, not reporting all income from a business, and driving drunk with a minor in the vehicle.

Henry George Ferro
Henry George Ferro answered on Jul 15, 2021

Generally speaking, prosecution of cases do not happen that way…I would however remind readers that state attorneys are elected officials (politicians) and they can be lobbied by people.

1 Answer | Asked in Real Estate Law and Tax Law for Florida on
Q: Husband and I have IRS tax lien associated with our ss#s - we have a cash buyer for our home.

How will a cash sale be treated by the IRS

Richard Paul Zaretsky
Richard Paul Zaretsky answered on May 29, 2021

Unless you are providing financing by giving the buyer a mortgage, every sale is a "cash buyer" transaction because you are being paid the purchase price.

As for the IRS, if there is a tax lien on your name or names, the IRS must receive at least a portion of the proceeds. You...
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3 Answers | Asked in Estate Planning and Tax Law for Florida on
Q: Daughter died in Florida, signed will with two friends but never got notarized; can it be used for the estate?
Phillip William Gunthert
Phillip William Gunthert answered on May 19, 2021

No, Florida requires signature, two witnesses and notarization, if this is not the case then it will not be a valid Will and the estate will be deemed Intestate and the Florida Intestate Statutes will apply to the probate. This means it will be important who survived your daughter and whether the... Read more »

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2 Answers | Asked in Adoption, Family Law and Tax Law for Florida on
Q: If you had a child that was adopted are you allowed to have the original copy being the biological parent

I have my son adopted in November of court issues I'm trying to attain a copy of my son's birth certificate to show the IRS that I had my son for the first part of the year how do I go about doing that

Linda Liang
Linda Liang answered on May 17, 2021

Contact the Bureau of Vital Statistics. They offer walk-in or mail-in services. To save time, download and complete the forms you need. The Bureau of Vital Statistics may be reached at (904) 359-6900, ext. 9000.

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4 Answers | Asked in Immigration Law and Tax Law for Florida on
Q: hello, i need help sponsoring my foreign spouse

i, the sponsor and household member have a combined income to meet the minimum required amount to sponsor a relative but both of us weren't required to file taxes since i started a job late December 2020 with first paycheck in January while the household member started a job in November and... Read more »

Agnes Jury
Agnes Jury answered on Apr 14, 2021

If you are just starting your sponsoring process then it will be months before you get to NVC level so you will hopefully have more evidence of stable income and employment by then. If you are at NVC level now and submit what you have, NVC will let you know whether they think you and your household... Read more »

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1 Answer | Asked in Tax Law and Real Estate Law for Florida on
Q: If property sold , and State was not noticed will buyer be liable for tax, tax was payed up when bought. Wanted private

I did not register wanted it as private property.can man own private property? Thanks

Barbara Billiot Stage
Barbara Billiot Stage answered on Apr 5, 2021

I'm not sure if I completely understand your question. Whether or not you record a deed or notify the property appraiser's office of your ownership does not make property "private" as in no one can trespass. If you mean you do not want anyone to know you own the property you... Read more »

1 Answer | Asked in Tax Law for Florida on
Q: Past 5 yr not paid taxes Employer wants me on the books what sort of problems will this cause

For the past 5 yrs have not been on the books now they want me on payroll what sort of trouble would this cause

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 26, 2021

Who knows? All you need to decide is whether you want a legitimate job or not.

1 Answer | Asked in Real Estate Law and Tax Law for Florida on
Q: can real estate, which is part of a trust, be transferred out of the trust to the surviving member/co-owner (my mom)?

Mom and dad had a trust

Included in the trust is a farm/land/equipment etc.

Dad has died and mom wants the farm out of the trust, transferred to her name, and then moved from her name to the family LLC which is already setup for the farm

We have already moved two other... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 11, 2021

It would depend on the wording of the trust document. And just because you conveyed property from the trust to the LLC by a quitclaim deed doesn't mean that the LLC has good title.

2 Answers | Asked in Divorce and Tax Law for Florida on
Q: Is it true that a divorced mother always gets to declare the children as her dependents in her taxes in Florida?
Michael David Fluke
Michael David Fluke answered on Mar 10, 2021

Nope. Under Federal Tax law the majority parent gets to claim the children, but a state divorce court can, and usually does, order parents to split or rotate the child related tax credits assuming child support is current.

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2 Answers | Asked in Tax Law for Florida on
Q: Are 501(c)(3) foundations required to make public their officers, board members, etc. and the names of the recipients

I donate monthly to my daughter's foundation, created by her before her death from ALS, to directly donate funds to other ALS victims to help with extraordinary expenses not covered by insurance. Her husband is the treasurer, who abused her physically, emotionally and mentally when she was... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 18, 2021

If the foundation is a registered Florida corporation you can find that info online at sunbiz.org

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1 Answer | Asked in Tax Law for Florida on
Q: If I pay a past due property tax on a parcel, does it become mine?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 5, 2021

No. But I suppose you could create a lien against the property and file it in the public records, hoping that whoever buys the property some day might have to repay you.

1 Answer | Asked in Estate Planning and Tax Law for Florida on
Q: My parents live in PR. All of their retirement assets are in the US. If one of them dies what is the tax they will pay

I've heard that there is a $60k Exemption and everything else is subject to a 40% tax

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 4, 2021

Chances are that their estate and their heirs would be subject to Puerto Rican estate taxes and / or inheritance taxes, as well as to US federal taxes. But to be sure you should ask this in Justia > Ask a Lawyer > Puerto Rico; what does it have to do with Florida?

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Florida on
Q: Can I have legal/financial problems for not paying taxes on vacant land lots?

Can I have legal/financial problems for not paying taxes on vacant land lots ( Seabring, Highland County, Florida) that my ex-husbands purchased back in 2004 on my name? I stopped paying taxes and other fees on this lots 6-7 years ago, and worry if eventually county can put lean on my house that is... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Feb 1, 2021

The county can auction off the property for unpaid taxes in a tax deed sale. Your bigger concern is if there are any code enforcement violations which have generated fines. If Code Enforcement issues fines it can record liens which attach to any property you own. You also have liability if... Read more »

1 Answer | Asked in Tax Law and Civil Litigation for Florida on
Q: I was abused by a priest when I was a teenager. I told the diocese and they are paying me money. I don’t want to pay

Federal tax on the money. How do they write it so I don’t pay taxes?

Charles M.  Baron
Charles M. Baron answered on Dec 13, 2020

You need to consult a CPA or tax attorney. In general, compensation for physical injury is non-taxable, but compensation for emotional distress is taxable. To avoid tax liability, I'm guessing that the documentation must make clear that it's for physical injury. Search for a... Read more »

1 Answer | Asked in Tax Law for Florida on
Q: Can my employer tax me on my check for a gift $100 card they give me for the pandemic?

Publix, tax us on gift cards. They don't add $100 to our check, they give us gift cards then weeks later tax us on it. I live paycheck to paycheck, giving me a gift card and turn around and tax me. I can't pay a bill with that. And we have to use there and can't get another gift card... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 1, 2020

Regardless of how you try to frame it the fact remains that you received a $100 gift that can be use to purchase something with at Publix. Under IRS regulations Publix MUST either pay the tax for you or pass it along to you.

2 Answers | Asked in Tax Law for Florida on
Q: Is the credit card payment to adult cam website (e.g. chaturbate uses tokens for dollar) taxable?
Steven J. Fromm
Steven J. Fromm answered on Nov 18, 2020

Under the tax rules, income is from whatever source derived. If you have received income, regardless of the form received, it is taxable income.

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1 Answer | Asked in Tax Law for Florida on
Q: How do I login into the Florida Department of Revenue Sales and Use tax return to pay tax debt if my LLC was dissolved?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 9, 2020

Google Florida Department of Revenue and look for "sales and use taxes" or send the DOR an inquiry using your computer or telephone.

2 Answers | Asked in Tax Law for Florida on
Q: Who pays the sales tax on the sale of a motor vehicle by a private individual to a dealer which is out of state?

Seller lives in Florida.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 16, 2020

The individual who sold the car is supposed to pay the sales tax to Florida because the transaction occurred here; delivering it out of state is not a sale.

Explanation: The reason why Florida businesses "charge" you and me sales tax is because they are paid by Florida to...
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1 Answer | Asked in Tax Law for Florida on
Q: Is my mom responsible for reemployment taxes my father owed when he was alive from a corporation solely under his name?

They were married at the time of his death. Also, the corporation was dissolved while he was alive.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 16, 2020

Although I would need the exact relevant dates to be able to answer confidently, I will say--generally--that unless your mom had some real ownership in your dad's old company she is not PERSONALLY liable for the unemployment taxes owed to the state.

Whether your dad dissolved his...
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