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Florida Tax Law Questions & Answers
2 Answers | Asked in Tax Law for Florida on
Q: I sold a second home with a net profit of $187,000. I don’t pay income taxes because my income is tax free. Do I have

To pay capital gains taxes?

Michael  Mayoral
Michael Mayoral answered on Jan 11, 2022

I would guess that you do, but the person you want to consult with on this is an accountant/CPA.

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1 Answer | Asked in Real Estate Law and Tax Law for Florida on
Q: Adding someone to the Deed or creating a Cohabitation Agreement?

I own a home, and my fiance lives with me and has put a substantial amount into the home. To protect her investment, we were looking into adding her to the title/deed. I am concerned about a few things I have read regarding this:

1. There is a mortgage on the home with an escrow account. Is... Read more »

Jane Kim
Jane Kim answered on Jan 6, 2022

These are all good questions.

Quitclaim deed will not trigger loss of homestead exemption as to you. If your fiancé lives with you, she'll need to complete a separate homestead application. You will only pay tax to the county on the amount indicated in the quitclaim deed, so it is...
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1 Answer | Asked in Appeals / Appellate Law, Employment Law and Tax Law for Florida on
Q: Florida Unemployment Overpayment payback demand for continued PUA -i appealed and no response!

It says 'insufficent evidence' for self employment for the continued payments starting Dec 27 2020. It was good enough for 2020 but then not anymore. I thought i uploaded schedule C from 2019 but apperently the DEO did not get it and so they claim i got to pay back 18x125 (not including... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 6, 2022

You CANNOT handle this giant problem by yourself. Hire an experienced unemployment comp lawyer immediately, and pay them to appeal for you.

1 Answer | Asked in Divorce, Real Estate Law and Tax Law for Florida on
Q: Do I still have to pay taxes on the sale of a house that my name wasn't on just because we were married at time of sale?

We sold the house we were living in and were married at the time of the sale. My name was never on any paperwork for the house. We are now going through a divorce and he is trying to say that I still have to pay half the taxes on the house because we were married at the time of the sale.

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 23, 2021

Are you asking about federal income tax "on the sale of a house" ( I.e.: capital gains)? Probably.

1 Answer | Asked in Tax Law for Florida on
Q: Should I pay a sales tax on Silver dollars purchased online (Maryland Auction Site) and shipped to Florida?

Florida Sales Tax Rules

12A-1.0371 Sales of Coins, Currency, or Bullion

(1)(a) The sale, use, consumption, or storage for use in this state of any coin or currency, whether in circulation or not, is subject to tax unless:

1. The coin or currency is legal tender of the United... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 22, 2021

In your case, it would be a "use tax" as opposed to "sales tax"; both of which are taxable according to the regulatory language from which you quote. That language seems to be consistent with Florida Statute 212.05, ("storage, use tax"), the text of which is found... Read more »

1 Answer | Asked in Tax Law for Florida on
Q: Divorce, Quitclaim deed, Doc Stamp taxes?

Filing a quitclaim deed and transfer of mortgage due to divorce and having difficulty determining the Documentary stamp tax.

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 20, 2021

The mortgage belongs to the bank (or whoever loaned you the money to buy the house). So you can't "transfer" the mortgage to your ex-spouse. You can't "transfer" the obligation to pay the mortgage debt; you will still be obligated. What needs to be done is a... Read more »

1 Answer | Asked in Estate Planning and Tax Law for Florida on
Q: Mother put house in trust. She died. Do taxes stay the same in trust and in her name or can city tax reg rates? Rule?

The county wants to charge regular rates with no exemptions the year after she died. The house is still in her name. Is there a law that states when the rates change. The house is still in her name and in the trust just as if she were alive. What rules apply here for Volusia County, New Smyrna... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 15, 2021

Florida's Homestead Tax Deduction only applies to people, not Trusts.

Most if not all countys send notices reminding citizens to register for the deduction on or before March 1 of each year.

If the property had the deduction the year before it will continue--unless changed...
Read more »

1 Answer | Asked in Tax Law for Florida on
Q: Business Tax ID question

I formed a business consulting company in my name earlier this year. My husband is under contract to purchase a rental property in the city of Inverness Florida Soli in his name. Can he utilize my business tax ID number to rent out that property? The city of Inverness requires a business tax ID in... Read more »

Michael  Mayoral
Michael Mayoral answered on Nov 4, 2021

It sounds like your husband can create an LLC or other corporate entity, receive a business ID tax number (EIN) from the IRS for the LLC/Corp, and have the seller execute a consent to the assignment of the real estate contract to your husband's new LLC/Corp. That way, your husband remains in... Read more »

1 Answer | Asked in Tax Law for Florida on
Q: Married filing jointly, husband owes money to IRS (FL)

I'm in FL. Been filing married filing jointly for 6 years, but was never aware of anything as my husband was doing everything and also signing for me (I knew about it, I trusted him). Now he told me he owes a lot of money to the IRS. I've never had anything to do with his business and I... Read more »

Leihernst Lamarre
Leihernst Lamarre answered on Oct 26, 2021

Suppose your husband incurred the debt before you guys married, then the debt is in his name alone. However, if the tax debt occurred during the marriage and you file Married Filing Joint, you are also responsible for the tax debt. The best way to protect yourself from having any refunds or credits... Read more »

2 Answers | Asked in Probate, Tax Law and Real Estate Law for Florida on
Q: Dad died 09 will origin Florida never probated, mom 2014 no Will Florida property I paid taxes can I claim ownership?

mom was longest survivor does dad's Will still have any validity? This year I demolish trailer home to keep property enforcement from court case as I continue to pay for yard upkeep with no cooperation from siblings

Can I put in my name via adverse possession or can will be probated... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Aug 23, 2021

Many issues here, and nobody can read a Will online. You'll need to hire a probate lawyer to help you sort through this.

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1 Answer | Asked in Tax Law, Business Formation and Business Law for Florida on
Q: assumed liabilities of asset purchase

purchasing a company and forming a new tax ID and name to rebrand company. Am i liable for any previous tax burdens or IRS audits?

Linda Liang
Linda Liang answered on Aug 4, 2021

If you have a new EIN, you did not purchase a company. You purchased business assets. You are not liable for its previous tax burdens or IRS audits.

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...
Read more »

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.

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