Get free answers to your legal questions from lawyers in your area.
My wife and I were 25% each and my sister 50% owner's and officer's. Couldn't afford business BK, filed personal CH 7. CDTFA is liening my home for the debt.
answered on Sep 19, 2024
A person may be held personally liable for a business’ unpaid sales tax if the elements of California Revenue & Taxation Code (RTC) § 6829 and Regulation § 1702 are met. Section 6829 requires that the person subject to dual responsibility for the taxes is both a “responsible person” and... View More 
and what to do to keep $250,000 each exemptions in California
answered on Apr 3, 2024
HOW DOES A MARRIED COUPLE QUALIFY FOR THE $500,000 EXCLUSION?
1. At least one spouse must have owned the home for two out of the last five years. The years can be split up – one in 2019 and one in 2021 – but the time has to equal 730 days out of the past five years.
2. And, both... View More
Can bankruptcy remove liens and protect my home/property
answered on Jan 11, 2024
1. Liens are not impacted by a bankruptcy discharge and therefore remain in effect following a discharge.
2. As decided by the U.S. Supreme Court, a homestead exemption does not protect you from an IRS lien. In other words, the IRS can reach the equity in your home that other creditors... View More
I filed for Chapter 7 bankruptcy in 2018 and am considering filing again due to financial issues, including my inability to afford my car loan. I haven't filed any other bankruptcies since 2018, nor have I attempted to negotiate my car loan terms. Currently, there are no legal actions or... View More
I recently went through a divorce, and a family member was covering the cost of my attorney. However, I wasn't seeing any progress, and my family started to feel that the attorney was taking advantage of the situation by dragging things out to increase their fees. As a result, they stopped... View More
answered on Dec 24, 2024
The attorney fee would most certainly be a dischargeable debt in a chapter 7 bankruptcy.
My brother will be signing over ownership of a property to me (my current residence). It is currently valued at $400K. I need to pay off the $200K outstanding mortgage on it (to be obtained through a home loan). I want to turn around and sell it for down payment on a new home in NV. I will pay off... View More
answered on Jan 8, 2024
California does not have a lower rate for capital gains. All capital gains are taxed as ordinary income.
answered on Jan 5, 2024
You may obtain bankruptcy case information at:
https://pacer.uscourts.gov/
answered on Dec 4, 2023
Your receipt of the funds is a taxable event for you.
Your gift of the funds has no impact on your tax liability.
I plan to petition for default divorce since my spouse is in agreement and we do not have any major assets or properties to settle. If we choose to not have a marital agreement, how does our tax liability settle after the divorce? Would we still be equally liable for the joint taxes on our incomes... View More
answered on Nov 21, 2023
Both spouses are liable for a balance due on a jointly filed tax return.
A divorce judgment has no impact whatsoever on the joint IRS liability.
answered on Mar 23, 2023
All companies are required to obtain a California business license, no matter whether they have a physical storefront or just sell online.
Would a life insurance payout increase your tax bracket?
answered on Mar 8, 2023
Generally, life insurance proceeds you receive as a beneficiary due to the death of the insured person, aren't includable in gross income and you don't have to report them. However, any interest you receive is taxable and you should report it as interest received.
My partner is considering giving me 50K as a gift. We live together in California and not married yet. We heard that there's 16K annual cash gift limitation but he can assign the rest 34K as his lifetime exemption (Inheritance and I am in his will). My question is are we qualified for this tax... View More
answered on Apr 22, 2022
Unfortunately, the California Revenue and Taxation Code allows the FTB to do this.
It's important to note that relief from the levies may very well be available.
It's best to immediately establish contact with an experienced tax attorney to help you with this.
I live in California, but have a house in Puerto Rice. Is there a withholding of 15% to the IRS for the sale of my house for $400k
answered on Apr 21, 2022
The IRS only requires 15% of the sales price be withheld on the sale of United States real property interests by foreign persons.
Normally, I am self-employed (independent contractor) freelance exec. assistant and run my business from my apartment and use Schedule C to deduct expenses for that business. However, from Jan. to Sept 2021 I collected Pandemic Unemployment Assistance and did not have any earned income and my PUA... View More
I had a tax issue and the issue has gone to IRS court. Can I do a settlement with the IRS instead of going to court? The Tax Agent who has handled my case bailed out at the last moment. Is it advisable to go with an attorney who may charge up to 25k start and may go up? Where should I get good... View More
answered on Apr 3, 2022
Yes, you most certainly settle your case. In fact, a very high percentage of Tax Court cases are settled.
I have a question regarding taxes…my employer last year classified me as an independent contractor, however i was looking into CA state law and based on what I was reading, I should have been classified as an employee. The employer gave me a 1099 and now I owe around $3000 in taxes. Is there... View More
Will California still go after my wife’s income or just mine to pay back the debt
answered on Jan 7, 2022
Because Washington is a community property state, you have a community interest in your wife's earnings. The California FTB can therefore collect on your community interest in those earnings.
The company was sold but only the assets were acquired. Does the tax debt fall on me personally?
answered on Nov 18, 2021
Section 6829 of the Revenue and Taxation Code provides that the California Department of Tax and Fee Administration (CDTFA) may pursue collection action against certain corporate personnel for any unpaid corporate sales and use tax liability.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
