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Texas Tax Law Questions & Answers
1 Answer | Asked in Tax Law and Landlord - Tenant for Texas on
Q: in Austin hotel 45 days waiting for mngmnt on taxes still no word Can I withhold rent as taxes will be 1k at very soon
James L. Arrasmith
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answered on Jan 8, 2024

In your situation, withholding rent due to an unresolved issue with taxes can be legally complicated and might not be the best initial course of action. Tenant rights and landlord responsibilities vary by location, and specific laws in Austin, Texas, govern these matters.

Firstly,...
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1 Answer | Asked in Employment Law and Tax Law for Texas on
Q: Is my situation eligible for a lawsuit or investigation against the corporation I work for? I didn't get paid correctly.

I got hired by Xerox Corp. as a full time employee, however, I never received an email to complete my W4. No Orientation Day existed. I have received my first 3 paychecks through direct deposit but had no access to my paystubs until I figured it out later. When I got access to my paystubs I notice... View More

John Michael Frick
John Michael Frick
answered on Dec 11, 2023

I can't see how you have been substantially harmed by the company withholding a larger amount for income taxes since any overpayment will be refunded to you when you file your taxes. At best, you might be entitled to the interest you would have been able to earn on the difference between the... View More

2 Answers | Asked in Probate, Real Estate Law and Tax Law for Texas on
Q: My father in law passed away in 2007 and my mom never probated the house. Is there anything she has to do to take clime

She lives in TX, paid the taxes on it every year, but isn't sure what she needs to do to be able to sell it.

John Michael Frick
John Michael Frick
answered on Nov 27, 2023

Houses aren't probated. Estates are probated.

A key question is who owns the house. If the house was purchased during the marriage of your mom and father-in-law, it most likely is community property.

When your F-I-L died, your mom owned 50% as her community property and...
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2 Answers | Asked in Probate, Real Estate Law and Tax Law for Texas on
Q: My father in law passed away in 2007 and my mom never probated the house. Is there anything she has to do to take clime

She lives in TX, paid the taxes on it every year, but isn't sure what she needs to do to be able to sell it.

James L. Arrasmith
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answered on Dec 25, 2023

In Texas, if your mother-in-law wants to claim ownership and sell a property after her husband's death in 2007, she will likely need to go through the probate process. Even though she has been paying the property taxes, probate is necessary to legally transfer the title of the property to her... View More

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1 Answer | Asked in Tax Law for Texas on
Q: Is the tax ID # also referred to as a serial # and/or a registration #?
T. Augustus Claus
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answered on Nov 1, 2023

the term "tax ID number" refers to the Comptroller's taxpayer number (CTN). It is used for state tax purposes, such as filing state tax returns and paying state taxes.

The terms "serial number" and "registration number" can also refer to tax ID numbers,...
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2 Answers | Asked in Tax Law, Animal / Dog Law and Business Law for Texas on
Q: What type of lawyer do I need to form an LLC for a self employed individual?

Dog training private lessons

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answered on Oct 19, 2023

In Texas, you would generally need a business or corporate lawyer to assist with forming an LLC for your dog training private lessons business. These lawyers specialize in issues like entity formation, contracts, and compliance with state and federal laws. Some may also have experience specific to... View More

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1 Answer | Asked in Tax Law for Texas on
Q: I filed my tax return for the tax year of 2022, but I submitted my 2020 W-2 in error? Can an amended return be a crime?

The original return was accepted by the IRS and I was given a refund check (which I cashed) despite the error. I didn't submit an amended return until after the filing due date in April and I ended up owing the IRS just under $200 according to the electronic filing service that I use.... View More

John Michael Frick
John Michael Frick
answered on Oct 2, 2023

While you technically “can” be, it is highly unlikely that the IRS will pursue anything under the circumstances. File an amended return voluntarily with correct information is very strong evidence of it being a mistake rather than an intentional act of deception.

1 Answer | Asked in Tax Law and Business Formation for Texas on
Q: Can I register an LLC and deduct expenses if no revenue comes from it?

There is a potential part-time consulting job that would require software for the next round of the pitch. Also, I am spending thousands in due diligence on a potential private investment. I look to do more of these kinds of deals even if these don't work. If I register an LLC, can I deduct... View More

James L. Arrasmith
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answered on Sep 14, 2023

Yes, you can generally register an LLC and deduct business expenses, even if no revenue is generated immediately. The IRS allows deductions for ordinary and necessary expenses incurred while actively pursuing a business, which includes startup and operational costs. However, it's crucial to... View More

1 Answer | Asked in Tax Law for Texas on
Q: Can the Oklahoma tax commission require, retroactively, payment on gambling winnings for out of state individuals?

I had no idea that by living in Texas that my gambling winnings in Oklahoma would be taxed by the state. After receiving a letter that I owed 2018 taxes, I did lots of research into the new law enacted in 2021. For that year alone I’ll owe almost $36000 which, is impossible for me to pay. I need... View More

James L. Arrasmith
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answered on Sep 14, 2023

The ability of the Oklahoma Tax Commission to require retroactive payment on gambling winnings for out-of-state individuals can depend on various factors, including the specific laws and regulations in place at the time of the winnings and any changes made by new legislation. It's essential to... View More

1 Answer | Asked in Tax Law, Business Law and Agricultural Law for Texas on
Q: Can livestock be raised and sold to fund a local hospital?

12,000 acre ranch was left to the community for the purpose of maintaining and funding the local hospital. The ranch also gets proceeds from natural gas royalties and leasing out hunting. For years they have raised and sold livestock to benefit the hospital. New board member states this is illegal

James L. Arrasmith
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answered on Sep 14, 2023

The legality of raising and selling livestock to fund a local hospital on a community-owned ranch depends on the terms and conditions set forth in the original bequest or trust that left the ranch to the community. If the bequest explicitly permits such activities for hospital funding, it may be... View More

1 Answer | Asked in Tax Law for Texas on
Q: The company I am contracted with deducts their commission from my earnings,can I still claim that as a business expense?

I am a contracted 1099 worker and the company I work for deducts their commission/service fee off my check (I Pay them a percentage for their services). At the end of the year it is not reflected in my earnings so it lowers my taxable income. I have other expenses through them that ARE reflected in... View More

James L. Arrasmith
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answered on Sep 14, 2023

Yes, you can typically claim the commission you pay to the company as a business expense deduction on your taxes, even if it's not reflected in your earnings on the 1099 form. It's not considered a double deduction because you are essentially reporting your gross income and then deducting... View More

2 Answers | Asked in Criminal Law, Employment Law and Tax Law for Texas on
Q: How can I get all of my receipts for my 401k earnings, from the time I started a job in 2004 all the way threw 2021.

I worked for 6 months and got 10,000 in my 401k, I been there over 17 years I had only 60,000. How can I find my 401 k earnings from 2004-2015, because I believe my supervisor used my id to steal money from my 401k because they had access to my identity. No wonder they where trying to befriend me

James L. Arrasmith
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answered on Sep 14, 2023

To obtain your 401(k) earnings and account statements from 2004 to 2021, you should contact the administrator or the financial institution that manages your 401(k) plan. They should be able to provide you with the account statements and transaction history for that period. If you suspect any... View More

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2 Answers | Asked in Real Estate Law, Tax Law and Land Use & Zoning for Texas on
Q: If you have 15 acres and want to establish a family cemetery, Is the whole property exempt?

We see in Montgomery County, Texas and not in any city limits.

James L. Arrasmith
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answered on Sep 14, 2023

In the United States, laws regarding family cemeteries and property exemptions can vary by state and local jurisdiction. Generally, some states have laws that allow for the establishment of family cemeteries on private property, and these cemeteries may be exempt from certain regulations or taxes.... View More

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2 Answers | Asked in Tax Law and Real Estate Law for Texas on
Q: If u bury cremated remains, do you get exempt fr/ prop tax if you live in the home & could sell later on?

Ask, do you get exempt from HOA regulations as well? Thank you.

John Michael Frick
John Michael Frick
answered on Aug 24, 2023

No. You are only entitled to the exemption if you own and use the property exclusively for the burial of human remains.

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1 Answer | Asked in Tax Law and Business Formation for Texas on
Q: In Texas, can you use LLC before approval from Secretary of State?
John Michael Frick
John Michael Frick
answered on Aug 10, 2023

Since the Texas Secretary of State processes certificates of formation and certificates of authority fairly quickly (2-3 days), this issue rarely comes up. Technically, you cannot do business in Texas in a company name until it is registered to do business in Texas. But, if you do, once it is... View More

2 Answers | Asked in Real Estate Law, Tax Law and Social Security for Texas on
Q: I live in Burleson Tx. And I received my disability dated back to Jan 2020. I need to move closer to family for care.

Can I sell my property and not loose my disability?

James L. Arrasmith
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answered on Jul 10, 2023

Generally, receiving disability benefits shouldn't be affected by selling your property. Disability benefits are typically based on factors such as your medical condition and ability to work, rather than your assets or property ownership. However, it's essential to consult with a... View More

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1 Answer | Asked in Tax Law, Identity Theft, Social Security and White Collar Crime for Texas on
Q: Can an individual be compensated for use of their info?

If an organization takes an individuals credentials to create an entity that generates revenue and income, is that individual entitled to some type of compensation?

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answered on May 2, 2023

It depends on the specific circumstances and the laws of the jurisdiction in which the individual resides. In some cases, individuals may have legal rights to compensation for the use of their personal information, particularly if the organization is using the information for commercial purposes... View More

1 Answer | Asked in Tax Law and Real Estate Law for Texas on
Q: Two sons had older mobile home destroyed in flood in LaGrange, Tx. Both claimed for personal property with FEMA.

Only the older, more responsible son claimed for the house with FEMA. With FEMA money a residential lot was purchased and a new house was built by Mennonites. I did all the paperwork and put the deed in only that one son's name. Now , years later, the other son has been given 100% disability... View More

John Cucci Jr.
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answered on Apr 25, 2023

Adding someone to a deed is serious business. Do not take it lightly. People fight over it all the time.

If the present owner wishes to add his brother as an owner, it should be for a reason other than to escape taxes.

I believe the 100% disabled vet needs to only own a portion of...
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1 Answer | Asked in Tax Law for Texas on
Q: Is it possible to remove my name from estate as heir in Texas?

It’s my deceased grandfather homes, my father is deceased as well & I’m next to kin, including multiple other family members. Taxes are owed and county is trying to serve me and other family members for delinquent taxes.

I never had a relationship with my father or his dad, but now... View More

John Michael Frick
John Michael Frick
answered on Feb 24, 2023

The tax authorities are required to name you as a potential heir.

You can disclaim your inheritance rights and won’t be held personally responsible for any unpaid taxes.

The tax authorities will foreclose on their tax lien against the property and sell it to satisfy the unpaid...
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1 Answer | Asked in Tax Law and Gov & Administrative Law for Texas on
Q: Is it legal for irs to take my taxes for my kids dads debt? Never married.

I claimed him on my taxes or may have filed jointly back in 2017. We have never been married. Last year I was supposed to get 8913 back and irs took all of it. They said that he owed a debt from 2017, the only year I ever claimed him. This year they took 6271 because my last year taxes didn’t... View More

John Michael Frick
John Michael Frick
answered on Feb 18, 2023

You can’t file jointly if you were never married.

Because you filed jointly, the IRS likely believes you are married pursuant to common law in Texas.

Ordinarily, the IRS cannot retain one taxpayer’s tax refund to offset the debt of another taxpayer.

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