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Wisconsin Tax Law Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Wisconsin on
Q: My mother-in-law died 2 weeks ago without a will. Wondering about selling her home & claims from Medicare.

Her spouse is deceased & my spouse is her only living child. Her mobile home has a fair market value of $25K but we will end up selling for $13K & have a willing buyer. The home is paid off & there are literally no other assets. She most likely has up to $10K owed through medicare... Read more »

Thomas B. Burton
Thomas B. Burton answered on Sep 10, 2021

Yes, you are correct you can use the Transfer by Affidavit method to transfer the mobile home if the total probate assets of the deceased subject to administration are less than $50,000. There is a section on the Transfer by Affidavit where you must send notice to the Estate Recovery Program via... Read more »

1 Answer | Asked in Divorce and Tax Law for Wisconsin on
Q: Do refundable tax credits (e.g. EIC) or the ongoing stimulus credits related to COVID-19 count as gross income in WI?

DCF 150 has a broad definition of income and it's not clear if these would count as gross income for either the calculation of child support or any existing order that requires a reconciliation of support based on gross income.

David N. Iancu
David N. Iancu answered on Mar 29, 2021

I do not believe tax refunds or federal stimulus payments would count as "income" for support calcuation purposes. Government benefits like food stamps, daycare assitsance, etc. typically do not either. This obviously isn't settled law as the stimulus payments are novel.

1 Answer | Asked in Tax Law and International Law for Wisconsin on
Q: How do I pay custom duty?

I ordered a scooter on eBay from China for $25.99. I also ordered a charger which was $5.82 and a ring which was around $5 (they were all separate orders). I did my research and I found that it is most likely that I will not have to pay customs duty. However, in case I am wrong, I would like to... Read more »

David Luther Woodward
David Luther Woodward answered on May 24, 2020

The delivery service will collect customs duty from you if it is due. The Delivery Service will probably be the United States Postal Service

1 Answer | Asked in Tax Law for Wisconsin on
Q: We had our fed. tax return e-filed march 5th and are due a refund which we have not gotten yet.

The online site says it is "still" processing. From what I have read when it says this "STILL" that means we need our Identity verified and should have gotten a 5071c letter. We have not received one. It's been close to 60 days since we e-filed with direct deposit.... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on May 1, 2020

Unfortunately a lot of IRS processes are slower than usual due to the current situation. There really is not anyone to contact at this time. IRS employees are slowly coming back into and doing more work from home but it is going to take time. Once the customer service lines are back up and... Read more »

2 Answers | Asked in Social Security and Tax Law for Wisconsin on
Q: How to file taxes using 2 different socials the same year?

My husband overstayed his visa, he was originally using a fake social. I told him to use his real social. He got a new job and put down his real social in November. Now, we’re wondering how to go about filing our taxes together jointly when he used two different socials in the same year. Any... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 30, 2020

People who create more than one SSN during their working lives are probably unaware that doing so hurts the person--because the contributions are split between the several different accounts--and they can only use one account to draw SS on later. In this case I suggest that your husband use his... Read more »

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2 Answers | Asked in Bankruptcy and Tax Law for Wisconsin on
Q: Can a collection company file Tax form 1099 C on debts they do not have settlement offers or judgements for?

A collection company has filed 1099 C or cancellation of debt forms with the IRS on past due debts they claim are mine. They have never taken legal action against me, I talked with them once after statute of limitations expired, I have never acknowledged owing debt, I have never offered any... Read more »

Timothy Denison
Timothy Denison answered on Jan 28, 2020

Challenge them on your credit report as fraudulent and consult a debtors rights attorney about suing them.

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2 Answers | Asked in Foreclosure, Real Estate Law, Tax Law and Municipal Law for Wisconsin on
Q: What would total be on property tax bill w/interest for 8 yrs. on 11hundred a yr not paid (1% mo 12% yr) Vernon Cty, WI

If I hadn't been able to pay my property taxes for 8 yrs (and assuming they haven't foreclosed), at $1,100 a yr, what would the total bill be at the end of 8 years, with interest at 1% a month and 12% a year, in Vernon County WI.?

D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 24, 2019

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1 Answer | Asked in Tax Law, Collections and Elder Law for Wisconsin on
Q: Can the State of Wisconsin garnish a persons pension payment? I'm 69, receive SocSec and a small pension from UPS.
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 24, 2019

As is usually the case when open-ended questions like yours are asked by non-lawyers the answer will be "It depends."

In this case it depends upon the reason for the wage garnishment. If Wisconsin law allows the state to garnish wages in certain cases (like failure to pay...
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2 Answers | Asked in Tax Law for Wisconsin on
Q: I need advice from a tax attorney

Tax returns offset for student loans that have been discharged

Andrew M Steiger
Andrew M Steiger answered on Jun 5, 2019

The question may require some clarification. Did you receive a 1099 related to cancelled student loans that you now have to include in income on your 1040? Or are your refunds used /taken by the lenders to offset the cancelled student loans? Cancellation of debt income is often ignored or not... Read more »

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2 Answers | Asked in Tax Law and Probate for Wisconsin on
Q: Who is responsible for real estate property taxes on a Home being held in a testamentary trust for minor children?
Thomas B. Burton
Thomas B. Burton answered on Mar 27, 2019

You should check the terms of the trust, but usually the trust itself will pay the taxes while the home is being held in trust for the minor children. This could be altered by the terms of the trust, to say someone else must pay, but since the children are minors, it seems likely that the trust was... Read more »

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1 Answer | Asked in Tax Law for Wisconsin on
Q: Who do I contact to help me with a issue involving IRS And HR Block

For 2016 taxes my mother and I had HR Block do our taxes. They had my mother claim my daughter and I because I did not make enough. And they told us it would be a better income. We made sure we got all the extra coverage for if we got audited. Which we did. We all fought with the IRS trying to... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Nov 21, 2018

I am not clear on your question. If you are asking if HR Block has to pay you the refund that they told your mother she was going to get, from what I am familiar with from some of my clients, that is not included in the audit coverage. You would need to read what they gave you to be sure.... Read more »

1 Answer | Asked in Tax Law and Child Support for Wisconsin on
Q: I pay 217 biweekly for child support and now have another garnishment on my wages how much can they with hold?

i bring home about 720 biweekly after taxes and cjild support

Linda Simmons Campbell
Linda Simmons Campbell answered on Nov 13, 2018

If the other garnishment is for federal taxes then you may be eligible to have the amount reduced or have the garnishment stopped completely. It is impossible to tell without doing a financial analysis. Most of us offer a free consultation and can let you know your options.


1 Answer | Asked in Employment Law and Tax Law for Wisconsin on
Q: I live with stepson. He pays me to care for him. He still takes out medicare tax and FICA Tax. As a parent should he?

His mother my wife doesn't have any medicare or FICA taken out. Which Internal Revenue Code contains a “family employment exception”, which applies to service in a private home “in the employ of an individual’s son, daughter, or spouse”. In those cases, according to the IRS, no... Read more »

Eric Steven Day
Eric Steven Day answered on May 21, 2018

If he is paying you a wage as an employee, or providing you with a W-2, then he should withhold employment taxes from your wage. You, the employee, with pay half (about 7.7%) and he, the employer, will pay the other half. If he is paying you as an independent contractor, then he is not... Read more »

1 Answer | Asked in Tax Law for Wisconsin on
Q: my mom has not done her taxes in four years, what are her options?

After a crisis where my mom was admitted to hospital, discovered numerous issues with managing health and finances. She has dementia and was obviously having more issues than knew. She has not filed taxes in four years. She can have them done for free this year but siblings are arguing as some do... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Feb 8, 2018

I believe that your best option is to contact a low income taxpayer clinic in your area. I volunteer at one and we handle cases like this all the time. The following is a link to find one in your area:

1 Answer | Asked in Tax Law for Wisconsin on
Q: The irs made a huge mistake in 2014 and entered my husbands income double the amount even though we have a correct w-2

From the employer and they see it in there computer they keep giving me the run around they send me here n there to talk to him and her and nothing also being on food stamp assistance they took my refund for this 2014 mistake and food stamps took some for supposedley giving me more then I should... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Dec 31, 2017

Call your local taxpayer advocate's office. They should be able to help you cut through the red tape. Here is a link to find the number to find your local office

1 Answer | Asked in Tax Law for Wisconsin on
Q: I would like to know how soon does the IRS come after garnishment without being able to pay them?

I had a payment plan set up but could not sustain it due to medical and hours being cut at work and a 127,000 student loan debt. What can I do

Matthew M Montoya
Matthew M Montoya answered on Apr 19, 2017

You shouldn't be waiting for them to come to you. If you really can't pay, there are options available to you. If you meet the low income thresholds, go to your local Low Income Taxpayer Clinic, often run through legal aid groups or through law schools. If not, speak to an enrolled... Read more »

1 Answer | Asked in Business Law and Tax Law for Wisconsin on
Q: If I lease a vehicle for business use, how do I calculate percent business use vs percent personal use for tax purposes.

I want to know if in leasing a vehicle for Uber I can deduct roughly, say 80 percent (percentage of business use), of monthly payments minus the inclusion on my year end taxes.

Matthew M Montoya
Matthew M Montoya answered on Oct 4, 2016

The rules are a bit different depending on whether your business is a Sole Proprietorship (Schedule C), a C-corporation, or S-Corporation. If you're like most taxpayers, you're probably using a Schedule C to report this to the IRS. In claiming business use of a vehicle, strict rules... Read more »

1 Answer | Asked in Tax Law for Wisconsin on
Q: My parents own 40 acres of land in Eau Claire Wis. Dad wants to sell me the 40 acres now for 1$. What taxes will I pay?

My parents own about 320 acres of land. 280 acres is located in Dunn County, Wisconsin.

They also own a 40 acre parcel of hunting land in Eau Claire County, Wisconsin.

My father is determined to sell me the 40 acres of hunting land for 1$. He would like to "sell" it to me... Read more »

Zaher Fallahi
Zaher Fallahi answered on Nov 19, 2013

I applaud your articulation of the facts and the pointed questions. Based on the facts you presented, if they sell you the land for $1, this is construed as a gift ($66,599) to you. If you sell it now, you will have to pay taxes on the $66,599, as ordinary income or short term capital gains. If you... Read more »

1 Answer | Asked in Tax Law for Wisconsin on
Q: Can duty free cigarettes be imported to wisconsin tax free if kept under a certain amount?
Eric M Wiechert
Eric M Wiechert answered on May 23, 2011

No - subject to a very narrow personal use exception.

You generally can't take tobacco products across state lines for resale without paying federal & state excise taxes. See .

There are some exemptions for deminimis personal...
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