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Questions Answered by Zaher Fallahi
2 Answers | Asked in Tax Law for California on
Q: I'm getting married in December, and my fiance has about $25000 in Federal tax debt from 2012.

My fiance is currently paying the debt through an installment agreement, but is trying to settle the debt. What can I do to protect my assets from his debt? We live in California.

Zaher Fallahi
Zaher Fallahi
answered on Aug 27, 2017

Have him take care of his tax issue timely and properly. 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 specific advice, please consult an... View More

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1 Answer | Asked in Business Formation for California on
Q: My business partner and I are considering changing our corporation to an LLC. Would we as LLC members get taxed as

employees and be subject to things like withholding and self-employment taxes if we do this?

Zaher Fallahi
Zaher Fallahi
answered on Jul 3, 2017

Corporation to an LLC, you need legal counsel. No salary for LLC members. They get K-1s. 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 specific... View More

1 Answer | Asked in Business Formation for California on
Q: Do I need a separate business checking acct for SMLLC. Member-managed or manager-managed? C-Corp or S-Corp?

I'm in CA and forming a SMLLC. [Disregard checking account question] Should I file as a member-managed or manager-managed LLC? Also, how do I know if I should be taxed on my personal taxes Schedule C (disregarded entity) or as a C-Corp or S-Corp.

This is for a home base virtual... View More

Zaher Fallahi
Zaher Fallahi
answered on Jul 3, 2017

Corporation and S Corporation a must. SMLL if no corporation election made, not required for tax purposes, but a good idea for liability defense purposes. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting... View More

1 Answer | Asked in Criminal Law and Estate Planning for California on
Q: My granny passed on and there was no will, i signed a document to let them continue with the estate, do i have a claim

I was in high school when i signed the document and i didnt completely understand it as i was under pressure with my finals so i signed it to get it over with. Its been years since it was done and i havent heard from them till date

Zaher Fallahi
Zaher Fallahi
answered on Jul 2, 2017

You may consult an estate planning attorney with more facts to get legal advice. 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 specific advice,... View More

1 Answer | Asked in Tax Law and Contracts for California on
Q: Can we loan 600K to our daughter and her husband interest free with a balloon payment in 20 years?

The interest that we should have charged is less that $56K/year tax free gift

Zaher Fallahi
Zaher Fallahi
answered on Jul 1, 2017

The forgiven interest may be “imputed gift’ and if exceeds $14K a year, you may be required to file a gift tax return. 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... View More

2 Answers | Asked in Estate Planning for California on
Q: “…any provision for XXXX children includes the children below and any child of XXXX hereafter born or adopted.”

Does this language from my trust mean that any future children are already included in the various provisions? There is similar language for my wife.

Zaher Fallahi
Zaher Fallahi
answered on Jul 2, 2017

Generally, includes born or adopted children. 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 specific advice, please consult an appropriate... View More

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2 Answers | Asked in Business Law, Employment Law and Medical Malpractice for California on
Q: Who can be held responsible for medical malpractice involving independently contracted doctors?

If a doctor was hired as a 1099 independent contractor by a staffing agency and contracted out by the agency to a clinic and the doctor is sued for medical malpractice, can the staffing agency be held liable for medical malpractice as well?

Zaher Fallahi
Zaher Fallahi
answered on Jul 3, 2017

Most likely the doctor and the clinic will be sued. Generally, it may be unlikely to successfully sue the agency. 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... View More

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2 Answers | Asked in Estate Planning and Probate for California on
Q: My dad died and 3 days Later I received a letter from an car insurance co saying my dad hit their clients.

My dad didnt have car insurance. Is the estate responsible for paying the subrogAtion claim of insurance co?

Zaher Fallahi
Zaher Fallahi
answered on Jul 2, 2017

The estate may be held liable if they can prove their case. 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 specific advice, please consult an... View More

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1 Answer | Asked in Business Formation and Business Law for California on
Q: For Restaurant business in California, If I haven't had a a detail record keeping, can the state impose large fine?

The state sent me questions about how much I sell for each item (food-to-go) but I don't have them, only the total amount each day.

Zaher Fallahi
Zaher Fallahi
answered on Jun 26, 2017

If I were in your position, I would hire a tax attorney experienced in the restaurant filed. 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... View More

1 Answer | Asked in Gov & Administrative Law, Health Care Law and Business Formation for California on
Q: I'm looking to start a MMJ delivery service in Anaheim, California

what are the costs to get the non profit association & sellers license?

Zaher Fallahi
Zaher Fallahi
answered on Jun 26, 2017

I am not sure what is your objective in establishing a non-profit organization handling deliveries. From time to time, I get an inquiry about establishing a non-profit. And, after listening to them, advise them to forgo the idea, because they will go under the state attorney general’s radar... View More

1 Answer | Asked in Estate Planning and Tax Law for California on
Q: Is there a way to separate Airbnb income from a house in a trust from trustee personal income like getting a EIN

I set up a revocable trust for my kids our house is in the trust my oldest son is the trustee we have been using the house as a Aibnb to cover expenses for the house but now he is working and wishes to keep his personal income separate from the Airbnb income as I was filing using his SS number if... View More

Zaher Fallahi
Zaher Fallahi
answered on Jun 25, 2017

I would ask Airbnb for the figures in details. 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 specific advice, please consult an appropriate... View More

1 Answer | Asked in Tax Law for California on
Q: I failed to report $9k on my 2014 business tax return, why do I owe them $9k instead of just owing the tax?
Zaher Fallahi
Zaher Fallahi
answered on Jun 24, 2017

Find out from the tax authorities or the supplementary information they sent you. 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 specific advice,... View More

1 Answer | Asked in Tax Law for California on
Q: Does California tax inherited investment funds (excluding inherited retirement funds)?
Zaher Fallahi
Zaher Fallahi
answered on Jun 24, 2017

I hope I understand your question, California doesn’t have inheritance tax. 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 specific advice,... View More

1 Answer | Asked in Tax Law and Business Law for California on
Q: For one LLC, can different properties have different ownership %? Will taxes be based on ownership % in LLC?

Our LLC currently has 2 homes we (dad and me) split 50/50. We are looking to add his home he owns, and another home I own in to the LLC. But we want to keep income/expenses of those homes separate. Essentially, all income and expenses for each of our homes do not get shared. The only shared... View More

Zaher Fallahi
Zaher Fallahi
answered on Jun 24, 2017

Generally, no. Your tax adviser may assist you in arriving at the desired goal by legitimate means. Taxes may be based on pro rata profit and loss. 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.... View More

1 Answer | Asked in Tax Law for California on
Q: I am expecting 3 checks for property sold. Can I invest and avoid taxes? Or pay taxes now?

Is it better to stretch out the payments over this year or pay in lump sum after I receive each check? I am unemployed and husband makes just over $20,000/year

Zaher Fallahi
Zaher Fallahi
answered on Jun 24, 2017

Generally, no. You may exclude some or all of the capital gains, if the property qualified for “primary residence exclusion”. 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... View More

2 Answers | Asked in Tax Law for California on
Q: Can we get back our money for false representation on a Tax Company out of California?

We paid $2700 to get our 2014 taxes settlement on January 2017 with the Tax Group Center out of Calabasas, CA. Received a second call asking for another $2700 because according to the Rep she was on the phone with the IRS and needed the money ASAP because they had to file all three years... View More

Zaher Fallahi
Zaher Fallahi
answered on Jul 4, 2017

That is unfortunate that you have been through so much trouble. It is extremely important to know exactly whom you are dealing with. Generally, law firms wouldn’t do this to clients. The one on the phone asking for money right away doesn’t sound right. One needs to know about the terms of your... View More

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1 Answer | Asked in Tax Law for California on
Q: Does a DFEH settlement count as a discrimination settlement for tax purposes?

I filed discrimination claims with the DFEH and am close to working out a settlement with my employer. Would such a settlement be considered a discrimination settlement in regards to tax treatment (attorney's fees, etc) even if I haven't filed a lawsuit yet?

Zaher Fallahi
Zaher Fallahi
answered on Jun 9, 2017

There may be too much of speculation here. If I were you, I would consult a tax attorney familiar with eh IRC Section 104(a)(2).. 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... View More

1 Answer | Asked in Family Law, Real Estate Law and Estate Planning for California on
Q: My father died when I was 2 and a half years old approximately 1961- 62, leaving no will he left a farm, land and a home

And 5 kids and a wife my mother, what I know is my mother went to her attorney and had a paper drawn up that anything that was in my fathers name is turned over to her, after a few years my mother decided to sell the farm, land and house and get married she collected all the money (payments) every... View More

Zaher Fallahi
Zaher Fallahi
answered on May 29, 2017

Consult an estate planning or probate attorney, among other things, regarding the statements you are making. Generally, an attorney would not transfer an intestate (without a will) decedent’s assets to non-heir and those properties go through probate. The information presented herein is for... View More

1 Answer | Asked in Business Law and Tax Law for California on
Q: Does a nonprofit name becomes available after the nonprofit ceases to exist?

Hi! If the process for incorporation of a nonprofit has been started -- initial registration with the State (CA), statement of information, obtention of EIN -- but is halted, and the members decide to not incorporate anymore, is it still legal to use the name that was registered as an... View More

Zaher Fallahi
Zaher Fallahi
answered on May 29, 2017

Contact the California Secretary of State for availability of the name. 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 specific advice, please... View More

1 Answer | Asked in Banking for California on
Q: My father recently passed away (his wife preceded him) and I'm the personal representative for his estate. What is the

process of gaining access to his bank account?

Zaher Fallahi
Zaher Fallahi
answered on May 29, 2017

If his total estate does not exceed $150K, you may use “Affidavit for Transfer of Personal Property Worth $150,000 or Less” (Google this in your local court website) to declare that you are the only heir and access the account. The information presented herein is for general purposes only. It... View More

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