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Questions Answered by D. Mathew Blackburn
1 Answer | Asked in Tax Law for Colorado on
Q: Is the payroll tax deferral constitutionally legal?

President wrote executive order for payroll tax deferral, with a payback date and no option out for military service members. Sounds like taxation without representation.

D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 10, 2020

There is no constitutional requirement for representation prior to taxation. Washington D.C. residents have no representation and they still pay income tax. If you travel through a state that you don't reside in you are still subject to that's state's sales tax even though you have... Read more »

1 Answer | Asked in Business Law and Contracts for Colorado on
Q: Can a tenant get out of a commercial lease because of covid 19 if the business is suffering?

Also, can a tenant get out of a commercial lease for medical reasons?

D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 3, 2020

It will depend on the force majeure clause if any.

Really depends on what the contract says and the facts and circumstances involved.

Unfortunately you're going to most likely have to retain an attorney to review the contract and your situation to really get a clear answer...
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1 Answer | Asked in Tax Law for Colorado on
Q: Can a Family member claim your child as their dependent and give you the return because you owe the irs

Owe the irs for unpaid student loan debt

D. Mathew Blackburn
D. Mathew Blackburn answered on Aug 27, 2020

While that sounds tempting it would be considered fraudulent and could not only result in fines and penalties but could create unintended consequences.

You should not do that.

You should look at loan rehabilitation or consolidation and an income based repayment options. With no...
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2 Answers | Asked in Tax Law for Colorado on
Q: I have been married for 11 months and just found out my husband has not filed taxes in 10 years. Am I in any way liable?
D. Mathew Blackburn
D. Mathew Blackburn answered on Aug 23, 2020

No you can't be liable for a return you did not sign.

Sometimes collections can take joint property. In that case you would have to prove that you owned the property to get it back.

He should get someone to look at those missing years and get that resolved.

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1 Answer | Asked in Consumer Law, Contracts, Business Law and Small Claims for Colorado on
Q: Can my wedding vendor steal my money and not provide the service?

I am getting married Oct 24th, and we asked a growing photographer who was a friend to take pics. No contract was signed, but I paid him. He is now moving out of state and lost the 2nd photographer and said he can't refund the money... We asked him to just photograph alongside new... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Aug 14, 2020

That can be very frustrating.

This sounds like a breach of contract.

Just because there was no signed document does not mean there's no contract.

A contract is the agreement, not the paper.

It sounds like there was a verbal agreement to provide services in...
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1 Answer | Asked in Business Law for Colorado on
Q: If my business partner and I are not working out in our 50/50 partnership, am I able to dissolve the company on my own?
D. Mathew Blackburn
D. Mathew Blackburn answered on Aug 12, 2020

You likely don;t have the authority to do that.

It's better if you can come to an agreement on winding down the partnership and put that in writing.

Then there's no concern of a future lawsuit.

1 Answer | Asked in Business Law and Contracts for Colorado on
Q: Is it a crime that I failed to provide my Client with a copy of his signed agreement when we first got started?

I started working with a roofing Client in August of 2019, this month marks his 1 year wrap up and instead of renewing he is threatening me with legal action because he's upset about COVID and the complete lack of business, traffic and conversions on his website, all out of my control as... Read more »

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

No it's not a crime.

How did he sign the agreement it without a copy of the agreement?

Sounds like he's looking for any reason not to pay.

1 Answer | Asked in Business Law for Colorado on
Q: I own a small handyman business and am remodeling a portion of my own home. Can I expense the materials to my business?

I file my taxes (personal & business) under my SSN and do not have an EIN.

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

You can deduct an allocable percentage of repairs and maintenance to an area of your home that is used exclusively for the business. Improvements are not deductible. A remodel would not be deductible.

1 Answer | Asked in Banking, Business Law and Contracts for Colorado on
Q: If the borrower writes a loan contract is it in effect for every loan thereafter until a new contract is made

Borrower is a business

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

That depends on how the agreement was drafted and the understanding of the Parties involved. The agreement could be written as an open line of credit or a one time loan. Without specific language it will not be clear whether the Parties intended for the future loans to be subject to the current... Read more »

1 Answer | Asked in Business Law and Contracts for Colorado on
Q: How do I file a claim against a recently dissolved company for commission owed to me?
D. Mathew Blackburn
D. Mathew Blackburn answered on Jun 16, 2020

You would file against the entity and the owners together. It'll be more complicated because you have to argue the owner's were responsible, or that the liability protection of the corporate entity should be ignored, or one of the other reasons why you would be able to collect from the... Read more »

1 Answer | Asked in Business Formation and Cannabis & Marijuana Law for Colorado on
Q: can I start a marijuana business as a trust beneficiary
D. Mathew Blackburn
D. Mathew Blackburn answered on Jun 11, 2020

The fact that you're a beneficiary of a trust will not affect your eligibility to apply for a MED license.

1 Answer | Asked in Tax Law for Colorado on
Q: Ive been staying the same hotel for about a year and a half in CO,am I suppose to receive all state and lodgers tax back

I think that after 30 days I am supose to receive a reimbursement is this true? if so how do I go about getting this back from hotel management?

D. Mathew Blackburn
D. Mathew Blackburn answered on Jun 1, 2020

Probably, under CRS 39-26-704(3) stays of 30 consecutive days or more are tax exempt.

You should speak to the hotel first. If the hotel has already sent the tax to CDOR you would have to get your refund directly from them.

You also have to check the city an county rules. If the...
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1 Answer | Asked in Contracts and Tax Law for Oregon on
Q: Was garnished by state asked accountant for help he agreed to help and led me on for 6 months and did nothing.

I am still trying to get this straightened out. I paid H&R Block to handle back tax filings. They never file my 2018 return. Don't these people have a fiduciary responsibility? I suffered a significant financial loss due to their inaction. Do I have a case to sue them?

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

First off H&R block are not accountants, they're return preparers regardless of their other certifications.

Second, they do have a responsibility but you're going to have file a lawsuit to get them to do much of anything once they've been paid. They do this all the time...
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1 Answer | Asked in Tax Law for South Carolina on
Q: Can I use my temp tag as a way to not pay property taxes on a new vehicle purchase in SC?

I Live in SC and want to buy a car in Ohio. My current vehicle's tags expire in June. If I buy the new care in May, Can I use the temp tags duration (30 days) and the states grace period (45 days) as a way to avoid paying property taxes on the new vehicle? SC only charges property taxes when... Read more »

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

They'll make an adjustment when you transfer from the old to the new and charge you the difference.

Good initiative but you're not the first to think of this and every state has setup procedures to stop it.

1 Answer | Asked in Tax Law for Maryland on
Q: I filed my federal taxes as "Married filing jointly" can I file my MD state taxes as "married filing separately"?

My spouse and I live in different states, so it would be easier to file state taxes separately.

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

No, Maryland doe not allow you to file MFJ federal and MFS for state.

However you can list your spouse as a Part-Year / Non-resident.

See https://www.marylandtaxes.gov/individual/income/filing/index.php

Under "If Lived in Maryland Only Part of the Year" starts at Section 7.

1 Answer | Asked in Business Law, Real Estate Law, Tax Law and Landlord - Tenant for Georgia on
Q: Can I transfer a primary residence to my LLC and rent my house from myself, to pay R&M and Capital expenses through LLC?

I own a home in Alpharetta, GA, I believe transferring ownership from myself to an LLC I own would allow the LLC to expense mortgage payments and Repairs & Maintenance costs as a cost of maintaining the property for tenants. I also believe the LLC could capitalize costs related to capital... Read more »

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

Yes you technically can, but it doesn't work. You end up netting if it works out well and you have to defend it in an audit. It always ends up being net taxable when the IRS recalculates the FMV of the rental.

Once you run all the numbers it's comes out that you create tax out of...
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1 Answer | Asked in Tax Law and Immigration Law for New Jersey on
Q: Hi question about my tax

Hi,

I did my tax a month ago and filed by mail.

I am not sure if my taxes has been accepted.

I have my I140 and I need to submit it for immigration case.

My question is it okay to send my tax return as it is even though there is a chance it gets rejected or should I wait?

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

From a tax perspective the return has been filed when it's placed in the mail. If something happens in the future with the IRS that will be an adjustment of that return. There's nothing that can unfile it.

I would also check with an immigration attorney to make sure the...
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1 Answer | Asked in Tax Law for California on
Q: If a married couple are filing jointly, can one of them file a portion of their income separately w/o the other knowing?
D. Mathew Blackburn
D. Mathew Blackburn answered on May 18, 2020

No. You can't file joint and file a separate return.

Even if you file Married Separate you have to allocate income under the community property rules of California.

2 Answers | Asked in Tax Law for Kentucky on
Q: state taxes are not being taken out of my paycheck.

me and my fiancé were asked to move here from Florida to run a warehouse for the company we work with. we just recently found out that Kentucky has state taxes but our company has not been taking out state taxes on our paychecks. How do we fix that? Will that mean that we will owe money when we... Read more »

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

Check with HR to see what address they have on file for you. You're likely still listed as living in FL so you haven't been setup as a KY resident for payroll. Another problem could be that you need to update your W-4 for state withholdings.

Your taxes are your responsibility. If...
Read more »

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1 Answer | Asked in Contracts, Tax Law and Landlord - Tenant for Kentucky on
Q: Do my Leasing Office have a right to request a copy of my Income Tax if I live in Subsidized housing?

I live in Subsidized housing (rent based on income), recently the re-certification person requested a copy of my 2019 Federal Income tax in order for me to be re-certified. I feel that she was being nasty for no reason and unprofessional, simply because I was the ONLY one that turned in my tax... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on May 17, 2020

I would review the documents provided by the program under which your housing is subsidized. Just pull the documents directly and see what they say. Then if you feel that the landlord has requested too much you have documentation to backup your claim and contact information for the organization... Read more »

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