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Questions Answered by D. Mathew Blackburn
3 Answers | Asked in Tax Law for Nevada on
Q: I haven't paid taxes in a while and looking to clear everything up. How do you do that?
D. Mathew Blackburn
D. Mathew Blackburn answered on Mar 31, 2020

Find any tax documents you have in your possession.

Order Wage & Income and account transcripts from the IRS.

Draft and file the missing returns. Ask for forgiveness on any penalties.

Setup a payment plan for the amounts owed, if any.

May want to hire a...
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2 Answers | Asked in Tax Law for California on
Q: I am a nanny that’s getting paid under the table & my boss is trying to claim childcare on their taxes.

I’ve been provided with a w2 form for every nanny job I’ve worked for but when this job didn’t give me one I assumed they were paying me under the table. Now that they want to claim childcare will be both get in trouble or just me?

D. Mathew Blackburn
D. Mathew Blackburn answered on Mar 26, 2020

It's your responsibility to report income. Saying they didn't W2 you is not an excuse. You'll each be in trouble for your own independent violations of federal and state tax laws.

If you haven't filed yet report the income, of you have file an amendment. Or take your chances on an audit,...
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1 Answer | Asked in Tax Law for Pennsylvania on
Q: Hi i'm a singaporean i'm planing on giving my Boyfriend in Philly $23,000 in Cash like cash.. for his 23rd birthday.

Since i'm a non us citizen and that money wasn't earned in the US would any of us have to pay Tax?

D. Mathew Blackburn
D. Mathew Blackburn answered on Mar 26, 2020

Not taxed. It is required to be reported.

1 Answer | Asked in Tax Law for Texas on
Q: I lived/worked in Louisiana in 2008. After I left I was told I owed for income tax ...I disputed but never heard back.

Today I got a letter from a collection agency saying I owed $8K and if they didnt hear back they would assume I acknowledged debt as valid. What should I do?

D. Mathew Blackburn
D. Mathew Blackburn answered on Mar 24, 2020

Hire a tax attorney.

States often send out amount due notices with no substantiation. However, it's your responsibility to respond and show they're wrong. Complete bunk, but that's the way it is. Otherwise you find yourself in a situation where they just start taking your stuff; i.e. bank...
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1 Answer | Asked in Tax Law for Maine on
Q: Does a Roth IRA conversion affect eligibility for Health care premium tax credit?

My spouse was not working in 2019, so we needed a premium tax credit to pay for health care coverage. I also converted an IRA to a Roth IRA (apx value: $80k). I understood I would have to pay taxes on this amount, but I did not expect this type of income would be counted towards my ability to pay... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Mar 24, 2020

It's income.

Probably would have been a good idea to hire a professional to advise you before you made a big decision.

Nothing to be done at this point, you can't just put it back.

Call your representatives and tell them to change title 26 of the US code.

Next...
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1 Answer | Asked in Child Custody, Child Support and Tax Law for Arizona on
Q: If the mother of 4 had custody of the children all year and the Ex-spouse claimed them all on his taxes and he missed

child support payments what could happen to this personnel, is there anything the mother can do in her part please help.

D. Mathew Blackburn
D. Mathew Blackburn answered on Mar 18, 2020

If you signed an 8332 you would file a contempt action in domestic court. You'd need to discuss that with a local attorney that knows AZ domestic law. I do not.

If not file by mail and claim them. You'll both get a letter from the IRS requesting documentation for the deduction. Send in the...
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1 Answer | Asked in Real Estate Law and Tax Law for Washington on
Q: Question for a Tax Attorney about capital gains on houses

in 2005 we (My wife and I) bought a house and lived in it from 2005 till 2008 just after I went into the Army. We were outside the driving area for the base I was stationed at. We turned the property in to a rental and it remained a rental till we sold it in 2018. We used the tax exclusion for... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Mar 11, 2020

There is an ability for military personal to suspend the personal residence exemption but you have to be deployed during the suspension period. There's nothing in your question that makes me think it would apply, but I don't have all the facts.

It's probably not going to work that you have...
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3 Answers | Asked in Tax Law for Ohio on
Q: What is the case name for 18 US 111
D. Mathew Blackburn
D. Mathew Blackburn answered on Feb 27, 2020

That's a statute. 18 USC 111.

https://www.law.cornell.edu/uscode/text/18/111

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1 Answer | Asked in Tax Law and International Law for California on
Q: A relative, who is a foreign citizen, is sending a relatively big gift to buy house (in excess of 100,000). is this tax

The person that is sending the money is the father of the US citizen, but he is not an expat of the US. He was born and continues to live outside the US, but does come to visit the US only around 1 month per year. So, he should pass the IRS “substantial presence test “, right ?

If my... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Feb 25, 2020

Foreign transfers of funds into the US are not taxable.

They are reportable on form 3520.

2 Answers | Asked in Tax Law, Civil Rights and Constitutional Law for Colorado on
Q: Lyft claims that drivers are to pay income tax on the amount the passenger pays, not the amount the driver receives.

How is this legal, given the fact that Lyft does not disclose the full fare amount to the driver? Drivers are "agreeing by contract" to pay taxes on an unknown amount? How is this even close to legal? If state tax is included, a driver can pay more than 50% of their actual income to taxes, in some... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Feb 23, 2020

You report gross and deduct the fees Lyft takes.

That's the IRS rules not Lyft.

You pay the same tax either way, it's just an accounting issue.

If this is confusing you should hire a professional to do your return.

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1 Answer | Asked in Tax Law for Louisiana on
Q: Can family inheritance (land) be seized for for federal student loan debt? My tax returns get seized.
D. Mathew Blackburn
D. Mathew Blackburn answered on Feb 21, 2020

Once the property transfers from the estate to you it's just like any other property you own. Land can be liened and auctioned to pay debts. It's not usual to do it for student loans but they can. It's also heavily dependent on state law. If you receive a notice of foreclosure, or one is posted on... Read more »

1 Answer | Asked in Employment Law and Tax Law for Texas on
Q: Should a church hire as employees musicians who occasionally play, or is it OK to treat them as independent contractors?

Many churches have 'worship teams'—teams of musicians who play many or most Sundays per year, and I understand how they would probably need to treat those musicians as employees. The church in question, however, occasionally has professional musicians from local orchestras play music on Sunday... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Feb 20, 2020

The test for employee vs independent contractor is multi factored. There's not enough information here to provide an answer.

California is aggressive on reclassifying contractors as employees but that doesn't matter if you're not in California.

if you go talk to an accountant/CPA...
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1 Answer | Asked in Business Formation, Business Law and Tax Law for Delaware on
Q: I left a company I cofounded but still have 50% share. Would I be personally liable if the company does not file taxes?

I cofounded a S corporation in Delaware a few months ago and left the company as the board member and employee after a couple of months due to disputes with my partner. I still kept the shares (50%) because I was not compensated for the work I did. The company was a start-up and did not have any... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Feb 19, 2020

Depends on what's in the operating agreement/by-laws. What was the underlying entity that was S-elected? S-corps cannot be created at the state level, you have to have a registered entity upon which to elect S status. The IRS will use the entity law to determine owner liability and responsibility... Read more »

2 Answers | Asked in Contracts, Business Formation and Business Law for Georgia on
Q: I want to join network marketing company using my LLC. The wording seems to say that I can only use my legal name.

Are they talking about my name or the LLC name on its paperwork?

Here are the details:

“ Individuals or entities may only register as IBOs using legal names. An IBO cannot be signed up or registered with a fictitious business name.”

D. Mathew Blackburn
D. Mathew Blackburn answered on Feb 15, 2020

No, it's saying you can't use a dba. If your company is registered with the state as Acme, LLC, but you do bison as Roadrunner Solutions you have to put Acme, LLC down as your business name.

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1 Answer | Asked in Tax Law and Traffic Tickets for West Virginia on
Q: If u don't pay off your tickets by time you file taxes won't they automatically be taken from the tax money? When u file

I believe i was told by the court house that if couldnt finish paying tickets by tax time then it would come out of tax return Im just wondering if they take care of it when you file or when the money comes

D. Mathew Blackburn
D. Mathew Blackburn answered on Feb 13, 2020

The state can't intercept your federal refund. West Virginia will offset your state refund if you have unpaid fines. They have to send you a letter and then wait 90 days. They're supposed to anyway. They take out an extra $25 for their troubles. If this is a concern I would file an extension and... Read more »

1 Answer | Asked in Tax Law for Illinois on
Q: Daughter was classified as IC, but paid hourly & treated as an employee. No W-2 or withholdings. Do we get lawyer?

Daughter was hired to work in a salon (eyebrows, eyelashes, makeup). Signed a "contract" and it said she was an independent contractor. Yet, she was paid an hourly wage, under complete control of her boss for hours, etc. My daughter did not pay any rent. She used the owners supplies. She was... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Feb 12, 2020

Contact your state department of labor and open a complaint.

3 Answers | Asked in Tax Law for California on
Q: We owed the IRS $1250 for 2017. I sent an amended return with a check. They keep demanding a payment of about $1250.

They cashed the check for $202 last March, but keep sending letters that don't respond to questions I ask, and provide no justification of the amount they're demanding. Specifically, the tax rate on the 2017 return was about 10%. The corrected tax they claim would use a rate of about 93% on the... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Feb 7, 2020

I'd suggest calling into customer service directly. https://www.irs.gov/help/telephone-assistance

Ask them what's going on. There are fake notice letters out there, but if you're mailing automated collections they don't always respond. You'll likely hear from a revenue officer eventually....
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2 Answers | Asked in Tax Law for South Carolina on
Q: If I claimed alimony on my tax return does she have to report alimony as income?
D. Mathew Blackburn
D. Mathew Blackburn answered on Feb 5, 2020

If the decree was issued prior to 12.31.2018 and there was no provision for the alimony being non-taxable it is deductible by the Payor and income to the Payee. I'm ignoring accelerated alimony wherein the alimony is front loaded and trails off after three years, that's a separate issue.... Read more »

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1 Answer | Asked in Family Law, Tax Law, Child Custody and Identity Theft for New Mexico on
Q: my daughter dad took her and I haven't seen or spoken to her in 1 yr 7 months. He is not on the birth certificate
D. Mathew Blackburn
D. Mathew Blackburn answered on Feb 4, 2020

I'm sorry to hear about that. You've got a pretty complicated issue you may be better off going directly to an attorney and having a private consult with them. I'm not sure you're going to get useful answers to your situation in a forum such as this.

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