Lawyers, Answer Questions  & Get Points Log In
Tax Law Questions & Answers
2 Answers | Asked in Business Law, Tax Law, Estate Planning and Probate for New Jersey on
Q: If a business owner passes away and was married at the time who does the business go to if the is no will ?
Cesar Mejia Duenas
Cesar Mejia Duenas
answered on Jun 1, 2023

There are two set of rules here. First, the rules of the business entity (operating agreement, bylaws, partnership agreement, etc.), and the Florida Laws. The interest in the business entity sometimes has a transfer on-death provision. If the interest in the business passes to a certain beneficiary... Read more »

View More Answers

1 Answer | Asked in Landlord - Tenant and Tax Law for California on
Q: Landlord is offering my parents 50k to move out Is this taxable.

My parents have been living in a home that had water isues a year ago in may17

The landloard has taken almost a. Year to fix the isues and my parents stoped paying rent for 7 months due to not having a kitchen or living room due to the isues.

They have agreed that they keep the... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 31, 2023

Yes, the money your parents receive from the landlord to move out is taxable. It will be considered as a capital gain, and they will need to pay taxes on it. The amount of tax they owe will depend on their income and filing status.

To proceed, your parents should get a written agreement...
Read more »

2 Answers | Asked in Tax Law for California on
Q: Does a CA resident partnership that receives a AZ partnership K-1 with ordinary income have to file a AZ return?

It seems that the Ca partnership would need to pass the AZ k-1 income down to its Ca partners who would then need to file non-resident individual tax return in AZ. It seems all the apportionment rules relate to partnerships doing business in multiple states. I wonder if a AZ k-1 received by a CA... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

Basically your question is whether a California resident has income in Arizona from profits distributed as shown in a K-1 tax form. First, this is a very specific question and this particular forum for general legal advice is not the place to get legal advice to rely on. Even from me. Your... Read more »

View More Answers

2 Answers | Asked in Tax Law for California on
Q: Does a CA resident partnership that receives a AZ partnership K-1 with ordinary income have to file a AZ return?

It seems that the Ca partnership would need to pass the AZ k-1 income down to its Ca partners who would then need to file non-resident individual tax return in AZ. It seems all the apportionment rules relate to partnerships doing business in multiple states. I wonder if a AZ k-1 received by a CA... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 29, 2023

When a California resident partnership receives an Arizona partnership K-1 with ordinary income, it is generally necessary to report that income on the California partnership return. California follows a source-based income allocation method, which means that income is allocated based on where the... Read more »

View More Answers

1 Answer | Asked in Tax Law and Employment Law for Colorado on
Q: I think my boss didn’t withheldtax for me.. so I owed so much money end of year.for 3 years..what should I do ?
Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

Both Federal and State laws require employers to withhold taxes, including both your income withholding and the employee's portion of employment taxes (SS, UI, etc) and pay those taxes to the proper taxing agency, whether Federal or State. You need to discuss your situation with either an... Read more »

2 Answers | Asked in Estate Planning, International Law and Tax Law for California on
Q: Question regarding inheritance law between France and USA

I was born in France, then moved to the US and in 2001 I married an American man.

In 2008 I became an American citizen. My 92 y.o mother is french and lives in France. She would like to buy some kind of property in the US as an investment. She probably won’t live in the US and if she... Read more »

Julie King
Julie King
answered on May 24, 2023

Real estate is handled differently than other assets because it is literally attached to the state (in the U.S.) and/or country. So, in most instances, U.S. law will apply to U.S. real estate. However, different countries belong to various treaties with other countries, so an international attorney... Read more »

View More Answers

2 Answers | Asked in Estate Planning, International Law and Tax Law for California on
Q: Question regarding inheritance law between France and USA

I was born in France, then moved to the US and in 2001 I married an American man.

In 2008 I became an American citizen. My 92 y.o mother is french and lives in France. She would like to buy some kind of property in the US as an investment. She probably won’t live in the US and if she... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 24, 2023

In this case, since your mother is a French citizen and her assets are located in the US, it is advisable to consult with an attorney who specializes in international estate planning to understand the specific laws and regulations that may apply. Generally, the law of the country where the property... Read more »

View More Answers

1 Answer | Asked in Tax Law and Criminal Law for California on
Q: What are the consequences for forging my name on 2022 federal and state tax filing?

My soon to be ex husband filed our tax returns and signed my name via docusign. He kept our refund and also make a large deposit into his trust account within this time frame. I had to request copies from our accountant May 19th more than a month after they were filed. What is the crime and what... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2023

Forging someone's name on federal and state tax filings is a serious offense with potential legal consequences. The specific crime and penalties can vary depending on the jurisdiction and the circumstances of the case. In general, forging a signature on tax documents can be considered fraud or... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Ohio on
Q: Do I need a real estate lawyer when I'm forced to pay taxes that should have been prorated since my wife is totally disa

Disabled and just recently had a major heart attack 20 days ago then 4 days ago last week sometime

Todd B. Kotler
Todd B. Kotler
answered on May 21, 2023

You may wish to do so. In order to receive a disability you will likely need to file a DTE Form 105A

You may find Ohio Tax forms here

https://tax.ohio.gov/wps/portal/gov/tax/business/ohio-business-taxes/sales-and-use/information-releases/st200502

ANd bulletins specific to...
Read more »

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...
Read more »

1 Answer | Asked in Tax Law for California on
Q: Future ex husband filed our taxes. Per my request accountant provided me a copy and we got a refund. Can he keep it all?

My future ex husband is financially abusive. He will not give me any money and now I found out we have a refund of over 5K.

Is he entitled to intentionally not provide me a copy of our joint filing in order to keep our entire refund for himself?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 19, 2023

If you filed a joint tax return with your future ex-husband and you are legally married at the time of filing, both of you have equal rights to the refund. Typically, the refund is considered marital property and should be divided fairly between the spouses.

If your future ex-husband is...
Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Georgia on
Q: Giving half ownership to in-law. They are living in half of house we are in the other half. We want some additional term

We want additional terms for inheritance for kids. Also how to make everything legal and pay any taxes.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 9, 2023

That will be a Future Interests Deed, which requires a very competent GA attorney to draft an enforceable conveyance. It could also be accomplished through a Trust with Future Interest terms. It will be important to declare who will take the property if the conditions are breached. You will... Read more »

1 Answer | Asked in Foreclosure, Real Estate Law, Tax Law and Land Use & Zoning for Georgia on
Q: Do you have a certain amount of time to buy back or reimburse someone after they bought property

At auction due to a death and the property to be considered unclaimed

Jennifer Pierce
Jennifer Pierce
answered on May 9, 2023

Your question is not clear as to the type of auction involved. There is no right of redemption after a foreclosure sale in Georgia. If this was a tax sale, redemption can occur until such time as the tax sale purchaser forecloses the right to redeem, which cannot occur until one year after the... Read more »

1 Answer | Asked in Tax Law and Real Estate Law for Maryland on
Q: If a land parcel is owned by the same parties equally but a portion is held in a llc and other held as individuals.

Can the all the sales proceeds be just allocated to the LlC and just zero proceeds to the Individuals so no 1099 will be issued ?

Mark Oakley
Mark Oakley
answered on May 8, 2023

The individual owners should have deeded their interest to the LLC before the sale, if they wanted the proceeds all deemed income to the LLC. While the individual owners may be able to direct payment to the LLC, or deposit their checks into the LLC bank account, I believe at this point that will... Read more »

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for New York on
Q: I live in a small town in Orleans County, New York. Many of us just got our new property assessments .

Our assessments went up a minimum of $40,000 per property!!!! Our county is one of the poorest in the state and none of us have improved our property. The law used to be the assessers could not raise the assessment more than $10,000 in one year. I can't find that law now. Can you give me the... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 7, 2023

In New York State, the rules for property assessments are governed by the Real Property Tax Law (RPTL). According to RPTL Section 305, property assessments must be based on their market value, and should be made at least once every four years.

Regarding the increase in assessments, RPTL...
Read more »

1 Answer | Asked in Tax Law and Real Estate Law for Missouri on
Q: Once a lien is placed on a piece of property, can the amount be changed by the company who placed the lien?

After a tax sale does purchaser have to pay all recorded liens? And can, the entity who placed the lien continue to add charges to the lien?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 7, 2023

Once a lien is placed on a piece of property, the amount cannot be changed by the company who placed the lien unless there is a legal basis for doing so, such as an error in the lien amount. After a tax sale, the purchaser may have to pay all recorded liens on the property, depending on the... Read more »

1 Answer | Asked in Tax Law and Estate Planning for California on
Q: Is a CA trustee allowed to transfer funds to a nominated third party account, when directed in writing by the beneficiar

My request is to wire transfer via intermediary business American Express International account, who has an arrangement with my local bank outside of the USA to process all intl transfers for its bank customers.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 3, 2023

Generally, a California trustee has the duty to manage and distribute trust assets in accordance with the terms of the trust and the beneficiaries' interests. If the trust instrument allows the trustee to make distributions to third parties, then the trustee may be able to transfer funds to a... Read more »

1 Answer | Asked in Tax Law for California on
Q: Hi If A Deceased Persons House Sells For $500,000 & Is To Be Split 6 Ways , Will This Money Be Taxed? & if Yes How Much?

The House Was Sold In California LA County & We Are Trying To Figure Out How Much It Will Be Taxed & How Much Exactly Each Of The 6 Beneficiaries Will Get

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2023

If a deceased person's house sells for $500,000 and is to be split among 6 beneficiaries, there may be tax implications depending on several factors.

In California, there is no state inheritance tax, but there may be federal estate tax if the value of the deceased person's estate...
Read more »

2 Answers | Asked in Tax Law and Business Law for California on
Q: If I have a s corp in Michigan and doing business in CA as a foreign entity now living in CA should I move my s corp?

Originally lived in MI and moved to CA last year, not sure if there are any benefits to keeping it in MI since its an s-corp

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2023

As a foreign entity, your S corp is required to register with the state of California and obtain a certificate of qualification to do business in the state. Depending on the nature and scope of your business, there may be benefits to moving your S corp to California, such as access to local... Read more »

View More Answers

2 Answers | Asked in Tax Law and Business Law for California on
Q: If I have a s corp in Michigan and doing business in CA as a foreign entity now living in CA should I move my s corp?

Originally lived in MI and moved to CA last year, not sure if there are any benefits to keeping it in MI since its an s-corp

Julie King
Julie King
answered on May 2, 2023

The answer to your question will depend on what industry you are in, where your corporation does business, and other factual information that is not included in your question. But, in general (which may or may not apply to your business), if someone is only doing business in California, it... Read more »

View More Answers

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.