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Questions Answered by Frank Huerta Jr
2 Answers | Asked in Tax Law for Nevada on
Q: How long do you have to own and live in your house to get the capital gain tax?

Bought a house in august 2016 sold it in November 2018 lived in it the whole time

Frank Huerta Jr
Frank Huerta Jr answered on Apr 7, 2019

An asset held over one year is treated under the long term capital gains rate. Assets held under one year are treated under short term rates. If you are referring to the exclusion of income from the sale of your home, if you owned and lived in the place for two of the five years before the sale,... Read more »

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1 Answer | Asked in Consumer Law, Copyright, Products Liability and Intellectual Property for California on
Q: I have an idea for a website/app, how do I protect it? —please see the description for the complete question. Thx!!

How do I protect my idea for a website/app? I don’t want to disclose too much about it—that’s the reason for my asking in the first place—I don’t want a copycat with more resources/startup money than me to steal my idea & make a fortune off of my concept.

The idea, without... Read more »

Frank Huerta Jr
Frank Huerta Jr answered on Feb 11, 2019

I suggest you have an attorney draft a non-disclosure agreement for you. However if you are pitching it to an investor, some may balk at the idea of signing it.

1 Answer | Asked in Tax Law for South Carolina on
Q: Is it illegal for my children's father to file them on his taxes without a signed 8332 form from me, the mom?

My children's father has forged my name on 3 years of tax returns and for the last 2 years, he has filed our children, without my permission. I have asked him repeatedly not to do this. So my question is, can the non custodial parent be penalized for not having a signed form 8332 from the custodial... Read more »

Frank Huerta Jr
Frank Huerta Jr answered on Feb 11, 2019

If your husband forged your name that is illegal. Unfortunately many non-custodial parents do not fill out the 8332 when they file. If you are entitled to claim the children you will likely have to paper file since the children's social security numbers have been used and you will not be able to... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for California on
Q: Hi my name is Melissa I really need help trying to find out what tax law allows a taxpayer to have a escrow company put

I am trying to get a hard money loan mortgage against my property and were about to close escrow and just found out thatI am trying to get a hard money loan mortgage against my property and were about to close escrow and just found out that there are a tax lien from IRS and state against my... Read more »

Frank Huerta Jr
Frank Huerta Jr answered on Jan 31, 2019

You should really determine if you owe the money. You want to find out what tax years the lien covers. Call the IRS or State to ask for a record of your account. If you have already paid it off then fill out a lien discharge request. If you are disputing the underlying debt you can either file an... Read more »

2 Answers | Asked in Tax Law for California on
Q: If the TP denies tax liability, does the IRS always send a final notice-right to hearing notice after the CP-504?
Frank Huerta Jr
Frank Huerta Jr answered on Jan 8, 2019

To further elaborate Mr. Greenberg's response, the notice you were sent was for collections related activity. If you are still disputing the underlying tax liability you should also seek a tax attorney to determine whether you are eligible for an audit reconsideration or could file an Offer In... Read more »

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2 Answers | Asked in Tax Law for Michigan on
Q: I haven’t received any reported income over the last 17 years and I have been single. Am I in any trouble?

I am now married, as of December 2018. My wife works a full time salary job so is has always filed her taxes. Should she file married/joint? Will this raise a flag to the IRS since I haven’t filed any taxes for this long?

Frank Huerta Jr
Frank Huerta Jr answered on Jan 4, 2019

If you were required to file taxes in any of those 17 years you should have. You can voluntarily file your returns to get compliant if that is the case. If you did not make enough money to meet the filing requirement for those years, you are not responsible to file the returns.

You have...
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2 Answers | Asked in Tax Law for Virginia on
Q: I need to repay the IRS for having excess income related to the ACA financial guidelines. See below for more info.

I am finding it difficult to locate an attorney with direct experience in that area. How do you best search for a lawyer who has such focused experience ? I live near Front Royal/Winchester but travel to Northern VA frequently.

Background: I have been unemployed for several years and had... Read more »

Frank Huerta Jr
Frank Huerta Jr answered on Jan 4, 2019

You may also want to check out IRS.gov and type in LITC. The IRS Taxpayer Advocate service funds Low Income Taxpayer Clinics that help low income taxpayers for free. You may be able to gain temporary relief by entering currently-non-collectible status. You may be a candidate for an offer in... Read more »

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1 Answer | Asked in Tax Law for California on
Q: We only have green cards currently. Do I have to pay federal gift tax if I include my spouse in the title to our home?

Due to some personal reasons my wife did not include her name in our home deed when we purchased our home (while we were married) last year. I currently hold title as sole and separate owner. A year later, we are well past some of our personal problems now and I want to try and include her name in... Read more »

Frank Huerta Jr
Frank Huerta Jr answered on Jan 2, 2019

There is no limit for gifts between spouses.

1 Answer | Asked in Estate Planning and Tax Law for California on
Q: We live in California. Would we have to pay fed/state gifting taxes if gifting a second home to our daughter in 2019?

We have not gifted before. We understand we would have to file an IRS 709 form. Do we have to file any other state or federal forms?

Frank Huerta Jr
Frank Huerta Jr answered on Jan 2, 2019

No you do not have to file an additional tax form for California. However if you are gifting the home to your daughter, you should also fill out the Primary Change of Ownership Form (PCOR) with you county.

1 Answer | Asked in Tax Law for Indiana on
Q: Can my fiance claim my kids and me on taxes?

My children and I have lived with my fiance the entire year. My children have visitation with their dad every other weekend and rotating holidays. To be a qualifying relative, the child must live with him all days of the year. Since they go to their dads for visitation, does that mean they dont... Read more »

Frank Huerta Jr
Frank Huerta Jr answered on Jan 2, 2019

If your fiance intends to claim them for the Earned Income Tax Credit or the Child tax Credit, he will be unable to do so because there is a relationship test. The child will fail the relationship test which requires the child to be his own child, a stepchild, or a foster child placed with you by a... Read more »

2 Answers | Asked in Tax Law for New York on
Q: I was unaware I needed to file gift tax returns for cash gifts I gave 2015 and 2016. Is there anything I can do now ?
Frank Huerta Jr
Frank Huerta Jr answered on Oct 29, 2018

You can and should file the gift tax returns. For the years you made the gifts, if you did not exceed the lifetime exclusion you would not owe the IRS any money however you are required to properly report gifts made in excess of the annual exclusion amount.

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3 Answers | Asked in Tax Law for Hawaii on
Q: Would the IRS call me and tell me that I need to make arrangements to pay monies that I owe?

I was told that they had documents for my arrest which they would hold off if I make payments.

Frank Huerta Jr
Frank Huerta Jr answered on Sep 17, 2018

It sounds like a scammer. The IRS does not call you over the phone to threaten you with jail. I suggest you report the number to the Treasury Inspector General's office (TIGTA) https://www.treasury.gov/tigta/contact.shtml

If you should get another call say that you will report them to...
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1 Answer | Asked in Tax Law for Florida on
Q: My brother in law has been living in myhome . I just found out that he ows over $23,000 to irs. Am i liable
Frank Huerta Jr
Frank Huerta Jr answered on Sep 16, 2018

You are not liable for the taxes of an in-law. Is there some reason his tax problem would be yours? Is he using you to commit tax fraud? If you are not helping him break the law his tax problems are his own.

1 Answer | Asked in Tax Law for South Carolina on
Q: Can my estranged husband force me to file 2017 joint taxes with him through the courts? He committed tax fraud in 2016.

We've been separated since 2015. Separate maintenance was put in place. He moved out abandoning our children and I. He filled a fraudulent tax return in 2016. His attorney has filed a motion against me to force me to file joint taxes with him in 2017. Is this legal? What are my rights? Our... Read more »

Frank Huerta Jr
Frank Huerta Jr answered on Sep 8, 2018

Considering you are divorcing and you do not have faith in the ability of your soon to be ex to file an accurate return, you can file married filing separately. You could file head of household if you are separated, lived in separate households for the last 6 months (or more) of the year and... Read more »

1 Answer | Asked in Immigration Law and Tax Law for Kentucky on
Q: Can I use my ITIN instead of a SSN on form W-4 where it asks for a SSN?

I have been offered a job and my employer wants me to fill out form W-4 to withhold taxes. I can’t find an answer as to whether I can use my ITIN instead of a SSN. Please help, someone.

Frank Huerta Jr
Frank Huerta Jr answered on Sep 5, 2018

If you have a valid social security number that belongs to you, you should use that. An ITIN is for tax filing/reporting purposes. It is not intended to use for work.

1 Answer | Asked in Tax Law for Pennsylvania on
Q: I work in PA and my employer who is out of state failed to withhold and pay local taxes for all of 2017. Are the liable?

Even with PA tax act 32?

Frank Huerta Jr
Frank Huerta Jr answered on Aug 7, 2018

Unfortunately you are liable for your tax liability if there was not enough withholding. The government holds the taxpayer responsible to review their checks for the proper withholding amount. It would be a different story if they took your withholding and did not forward it to the government, in... Read more »

1 Answer | Asked in Business Law and Tax Law for California on
Q: Do you have to have a business license in order to charge taxes on goods in CA?
Frank Huerta Jr
Frank Huerta Jr answered on Aug 3, 2018

You should have one, but regardless if you sell items subject to sales tax you are responsible for paying it.

1 Answer | Asked in Tax Law for Texas on
Q: Do I have to report my Airbnb income on my taxes?
Frank Huerta Jr
Frank Huerta Jr answered on Aug 3, 2018

Yes,it is considered taxable income. You can deduct your expenses related to your Airbnb income as well.

1 Answer | Asked in Tax Law for New York on
Q: Is there a legal aid lawyer I am unemployed and need someone to help me with my state and federal tax I had a case open.

I had a case open for IRS Federal Taxes and it got closed by my attorney. Is there a legal aid that could help me i have been paying the state and federal for so many years there was a mistake on my taxes. But eventhough it was a mistake the amount is shown on the taxes .

Frank Huerta Jr
Frank Huerta Jr answered on Aug 1, 2018

I would suggest you contact a Low income Taxpayer Clinic. https://taxpayeradvocate.irs.gov/about/litc These clinics are funded by the Taxpayer Advocate Service and are free of charge if you are eligible.

2 Answers | Asked in Tax Law for Texas on
Q: I work in Kuwait (military contractor) I had to open a salary account & filled out a W9. Will I get a 1099 from the IRS?

I work for UMUC Europe and we fall under a sponsorship company to work in Kuwait. The Kuwaiti bank require us to fill out a W9 when we open our mandatory salary account. What impact will filling out that W9 have on me this tax year? Will that foreign income be reported to the IRS?

Frank Huerta Jr
Frank Huerta Jr answered on Jul 31, 2018

The purpose of a W-9 is for a business to properly report payments when it pays more than $600 per year to an individual taxpayer. You will likely receive a 1099 Misc but from the business not the IRS. They will send a copy of the 1099 Misc to the IRS.

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