Lawyers, Answer Questions  & Get Points Log In

Questions Answered by Zaher Fallahi

1 Answer | Asked in Contracts and Consumer Law for California on

Q: Can I sue a solar power company that took my money, started the project and now refuses to answer any call or emails.

They placed the solar panels but did not connect it to a power grid, and have yet to pay for any fees required.

Zaher Fallahi answered on Dec 8, 2017

Depending on their contract, they may be in breach of their contract and you may have to have a lawyer write a demand letter for you. The information presented herein is for general purposes only. It is not intended for, and may not be construed as legal, tax, or accounting advice, or business... Read more »

1 Answer | Asked in Contracts and Business Law for California on

Q: Can I get a refund if I paid for an event that I cannot attend anymore?

Can I get a refund if I paid for an event that I cannot attend anymore? The FAQ says all sales are final, but when I emailed them, they said they would refund me if I bought another date. So would that mean they are going against their word of, "All sales are final" and "No transfers" ? Or can they... Read more »

Zaher Fallahi answered on Dec 8, 2017

Apparently, they are doing you a favor and giving you the benefit at another time. Their contact may have had a provision to that effect. The information presented herein is for general purposes only. It is not intended for, and may not be construed as legal, tax, or accounting advice, or business... Read more »

1 Answer | Asked in Tax Law for California on

Q: I am on social security disability and am going to receive a lump sum pension payment. Do I need to have taxes taken out

I receive $1000 a month from ssd and my pension payment is under $10,000

Zaher Fallahi answered on Nov 23, 2017

Your pension is taxable, but it seems below the threshold and you may not owe any taxes. The information presented herein is for general purposes only. It is not intended for, and may not be construed as legal, tax, or accounting advice, or business solicitation. For specific advice, please... Read more »

1 Answer | Asked in Tax Law, Banking and Divorce for California on

Q: Have 30k in cash given to me by mother. What is best way to get into bank and will there be tax liability?

Going through divorce. My mother is helping to pay part of the settlement agreement, but in cash. What's the best way to get this into the bank?

Zaher Fallahi answered on Nov 23, 2017

You can deposit and the bank will issues 8300 for it, but shouldn’t be a problem. No tax liability. Mom will have gift tax filing requirement. If there are concerns, consult a tax attorney with Bank Secrecy Act (BSA) experience. The information presented herein is for general purposes only. It is... Read more »

1 Answer | Asked in Tax Law, Elder Law and Estate Planning for California on

Q: my sister was married, and her husband gave my mom $20,000 life insurance to pay for funeral expenses.

will she be ineligible for medical benefits if she now has $20,000 in her bank acct now??

Zaher Fallahi answered on Nov 23, 2017

Life insurance will not qualify for medical and a gift tax return may be required (splitting). The information presented herein is for general purposes only. It is not intended for, and may not be construed as legal, tax, or accounting advice, or business solicitation. For specific advice, please... Read more »

2 Answers | Asked in Tax Law and Immigration Law for California on

Q: Can a F1 student start his own online company based in his/her home country paying taxes in his home country?

I am an international student on a F1 visa. I want to start my online store and I based my company in my home country and I also have a professional bank account in my home country where I have the status of an young entrepreneur.

Am I concerned by the Foreign Account Tax Compliance Act... Read more »

Zaher Fallahi answered on Nov 22, 2017

Your work most likely will substantially violate the F-1 visa, and you may be subject to the US taxation, inter alia. Good luck.

View More Answers

2 Answers | Asked in Tax Law for California on

Q: If I have one year with much higher income, can the taxable income be averaged with years of lower income?

I will be retiring in June, 2017, and will have one month with my monthly pay and my first retirement check. Also, I have a supplemental retirement account that I can receive in a lump sum. Instead of my usual $72,000 salary, in 2018 I will receive $118,000, and in 2019 (and thereafter) about... Read more »

Zaher Fallahi answered on Nov 23, 2017

No, some farm income may be eligible for income averaging. The old law has been gone for insurance will not qualify for medical and a gift tax return may be required (splitting). The information presented herein is for general purposes only. It is not intended for, and may not be construed as... Read more »

View More Answers

2 Answers | Asked in Business Law, Mergers & Acquisitions and Tax Law for California on

Q: Who pays taxes for the current fiscal year during a small business aquisition?

Someone I met is closing down their business and has a fair number of assets. If I were to form a company to acquire their business, would I be subject to paying their taxes and other debts? This would be a California formed Corporation absorbing a Texas Corporation.

Zaher Fallahi answered on Nov 23, 2017

You will be responsible for any profits earned subsequent to assets acquisition. Consult a tax attorney for allocation of the cost to various asset categories. The information presented herein is for general purposes only. It is not intended for, and may not be construed as legal, tax, or... Read more »

View More Answers

1 Answer | Asked in Banking, Business Law and Tax Law for California on

Q: Can I write off contributions to my IRA if I own my own business?

I own my own business (Subchapter "S" corp) based in California. I pay myself with either a distribution or via regular paycheck and generate a W2 for myself at the end of the year. I want to contribute to my existing personal 401k (rollover) account and be able to write off the contribution on... Read more »

Zaher Fallahi answered on Nov 9, 2017

401(K) and SEP-IRA will be funded and deducted by the S corporation. Regular IRA would be deducted on the 1040 form your earned income, not from K-1 distribution. Whether you can take regular IRA, you should ask the tax preparer, because it is based on the figures on the 1040. The information... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for California on

Q: Capital gains exclusion joint ownership. Does this qualify?

I am a joint owner at 5% of my parents home and have lived in the home for 2 of last 5 years. If they now transfer to me the percentage required to own $250k and sell the property, will I qualify for the capital gains tax exclusion for the entire $250k?

Zaher Fallahi answered on Nov 9, 2017

You may qualify if you live 2 of the last 5 years in the house after receiving the up to $250,000 value. The information presented herein is for general purposes only. It is not intended for, and may not be construed as legal, tax, or accounting advice, or business solicitation. For specific... Read more »

1 Answer | Asked in Tax Law for California on

Q: IRS says I owe excess advance premium tax credit - No fault of my own - I had an overlap of two months (job health plan)

I was out of work for years until August 2016. My new job had benefits of health ins.- they said it would start Sept 1st. I never got insurance cards until Oct 12. I contacted Covered CA Oct 13th to cancel through the exchange and it got cancelled Oct 31st. (monthly APTC $959) (From what I... Read more »

Zaher Fallahi answered on Nov 6, 2017

The IRS may be correct. Run it by your tax preparer and ask her/him to create the required form within your tax return and ascertain the IRS’s accuracy. The information presented herein is for general purposes only. It is not intended for, and may not be construed as legal, tax, or accounting... Read more »

1 Answer | Asked in Tax Law for California on

Q: (California) Just inherited some money from a grandparent. Will I get taxed on this?

Zaher Fallahi answered on Nov 6, 2017

No. Your grandpa’s estate may pay tax if his cumulative gift during his life and the estate exceeded $5,490,000. The information presented herein is for general purposes only. It is not intended for, and may not be construed as legal, tax, or accounting advice, or business solicitation. For... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for California on

Q: My family and I have been living in my parents home for over 2 years. Will I qualify for capital gains exclusion?

Parents want to transfer $500k worth of property home to me and my wife. Can we sell immediately after the transfer? Or do we have to wait additional two years?

Zaher Fallahi answered on Nov 6, 2017

You must have owned and lived in it for 24 out of last 60 months to qualify for the exclusion. The information presented herein is for general purposes only. It is not intended for, and may not be construed as legal, tax, or accounting advice, or business solicitation. For specific advice, please... Read more »

1 Answer | Asked in Tax Law for California on

Q: Do i have to file taxes in california if i only had income from oregon. I live in california

Zaher Fallahi answered on Oct 22, 2017

If you are a resident of California, California will tax you. You may claim out of state tax credit for Oregon taxes. The information presented herein is for general purposes only. It is not intended for, and may not be construed as legal, tax, or accounting advice, or business solicitation. For... Read more »

1 Answer | Asked in Tax Law for California on

Q: I have a rental and want to move back in. How long must I wait to sell and take the tax benefit as a primary residence?

Zaher Fallahi answered on Oct 22, 2017

There is no clear cit rule. Generally, a reasonable time, say 2-3 years or so may pass the IRS’s test . The information presented herein is for general purposes only. It is not intended for, and may not be construed as legal, tax, or accounting advice, or business solicitation. For specific... Read more »

2 Answers | Asked in Tax Law for California on

Q: How are you gonna pay taxes if you have multiple jobs?

Zaher Fallahi answered on Oct 22, 2017

Consult a tax professional with specific information to determine the number of exemptions you may claim on your W-4 forms, to adjust for under withholding by separate employers. The information presented herein is for general purposes only. It is not intended for, and may not be construed as... Read more »

View More Answers

6 Answers | Asked in Bankruptcy, Personal Injury, Tax Law and Consumer Law for California on

Q: What is the maximum of checking accounts you may have?

Zaher Fallahi answered on Oct 22, 2017

There should not be any restrictions. The information presented herein is for general purposes only. It is not intended for, and may not be construed as legal, tax, or accounting advice, or business solicitation. For specific advice, please consult a tax attorney in person. Good luck. Zaher... Read more »

View More Answers

1 Answer | Asked in Real Estate Law and Tax Law for California on

Q: I received property as a gift. Can I donate it for a tax write off.

The property was bought by my step-father for $9,600. The county tax base value now is $18,634. The taxable value is $3,000.

Zaher Fallahi answered on Aug 29, 2017

Generally, a donee carries the donor’s basis. If donate, may itemize the donation as his basis. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. Neither is it intended for solicitation purposes. For... Read more »

1 Answer | Asked in Tax Law for California on

Q: How much tax do we pay when we sell a rental home? We make $200K

We depreciated the house for many years writing off expenses until we made too much money to write it off. It's been five years that we haven't written off expenses.

Zaher Fallahi answered on Aug 29, 2017

All suspended losses will be deducted from the gains when sold. The profit should be capita gain, except the depreciation which is taxed as ordinary income. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting... Read more »

1 Answer | Asked in Tax Law and Business Law for California on

Q: I'm having problems with a federal tax return penalty.

I'm having problems with a federal tax return penalty. I registered an S corporation in Oct 2013 and lost track of it because I was working overseas. I never used the S corporation to conduct any business and I did not realize I needed to file any tax returns for it, as I thought it was inactive.... Read more »

Zaher Fallahi answered on Aug 27, 2017

Unfortunately, the problem was caused by your filing the delinquent tax return without talking to a tax professional. The penalty must be imposed on the Corporation for late filing K-1s, and you are urged to consult a tax attorney and do not respond to the notices yourself. The information... Read more »

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.