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Questions Answered by D. Mathew Blackburn
1 Answer | Asked in Business Law for Colorado on
Q: aurora colorado pawn broker . my ticket was due on 8/14/19. i payed 9/11/19. then was informed that half property sold
D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 15, 2019

I'm very sorry to hear about your situation.

Did you have a question?

1 Answer | Asked in Tax Law on
Q: I live in Russia, so I'm not USA citizen. I do dropshipping and want to become Tax Exempt. Is there a way to do that?
D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 14, 2019

You're dealing with two different tsxes. Sales tax and income tax. To tax you the IRS and the tax department of each state needs nexus, essentially enough interaction to create the right to assess tax on you. The IRS only deals with income tax since there is no federal sales tax. Income tax nexus... Read more »

1 Answer | Asked in Tax Law for Florida on
Q: What percentage of US tax do i pay on a foreign capital gain?

I am selling a property in a foreign country, Peru. I am a citizen of peru but have been living in the US since 2000, became legal resident alien on 2019. Property has never been rented. How much tax will i have to pay on a 95k capital gain, approximate percentage?

D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 13, 2019

20%

1 Answer | Asked in Tax Law for Maryland on
Q: If a house in Maryland is given to your child via a quick claim deed are there taxes that have to be paid?
D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 12, 2019

Generally there is no transfer tax on a gift. There will be recording fees. For gift tax it will depend on the value of the property. If the value exceeds $15,000 ($30,000 if both parents are gifting) then a gift tax return is required to be filed. However, no tax will be due if you have enough of... Read more »

1 Answer | Asked in Tax Law for Missouri on
Q: 3 years ago i accidently pulled out money from my ira retirement account and moved it to a savings account.

irs is demanding that i pay taxes on this amount---is there any way i can make this a distrubution for this tax year ?

D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 11, 2019

No.

1 Answer | Asked in Business Formation, Employment Law and Tax Law for New Jersey on
Q: If I am the founder of a non-profit and am planning to pay myself according to a set salary, do I count as an employee?

Main thing is, I'm trying to set up a payroll, and I just want to know what to tell the payroll company (e.g., ADP) when they keep asking about the "employee."

D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 11, 2019

Yes, you're an employee.

1 Answer | Asked in Business Law and Contracts for Georgia on
Q: The company I owned and the d/b/a sued by a very good attorney for less than 100,000.

my only income is my social security - can that be garnished?

D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 11, 2019

No.

Section 207 of the Social Security Act (42 U.S.C. 407) protects Social Security benefits from garnishment, levy or other withholdings by the federal government, except:

To enforce child support and alimony obligations under Section 459 of the Social Security Act (42 U.S.C....
Read more »

1 Answer | Asked in Contracts and Business Law for Georgia on
Q: I was served billybob, Inc., d/b/a grading and myname am I required to have an atty?
D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 11, 2019

To answer under your own name no, you have a constitutional right to defend yourself.

For the company yes, unless you're a GA licensed attorney you cannot defend the company. In certain circumstances the Court can waive that requirement. I would call the Clerk and ask.

Having said...
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2 Answers | Asked in Tax Law for Idaho on
Q: Husband is in prison for 4 years how do I file taxes?

My husband has a child with his ex. We filed together this past tax year he recently got sentenced to 4 years. We have 3 kids of our own and obvisouly I'm the only one providing how would I go about filing with out having my money going to child support. Also child support has stopped but he also... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 10, 2019

File married seperate. If you file a joint return the state will intercept any refund and apply it to child support and it'll be a headache to get back.

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1 Answer | Asked in Tax Law for California on
Q: Is "tax debt" a transient value? If judgement references "tax debt" is this the amount at filing date, or other date?

Signed stipulation for judgement says:

"Tax Returns:

Each party shall solely be responsible to pay his/her one-half share of the tax debt for 2013 and 2014 in a timely manner."

Since the "tax debt" amount is not specified, and the tax debt value changed over time (for... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 9, 2019

From a tax perspective the "tax debt" is the amount of tax liability assessed, all penalties and interest, less payments made.

My interpretation would be the amount of debt at the time the agreement was entered into plus all interest accrued after the signing date.

The IRS doesn't...
Read more »

2 Answers | Asked in Tax Law and Business Law for California on
Q: My husband and I have an s-corp in CA and we are the only officers in our s-corp.

Are our medical expenses considered business expense and can be deductible for the s-corp?

D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 8, 2019

No, not the expenses. Premiums are deductible.

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2 Answers | Asked in Tax Law for Maryland on
Q: I sold a home that I’ve occupied as my primary residence for the last four years. Do I have to pay taxes on the profit?

The home was sold in Maryland, the home was my primary residence and I occupied the home continuously from 2015-2019

D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 7, 2019

Assuming the other requirements of the personal residence exclusion are met. You exclude the first $250,000 ($500,000 if you are married) in gain on the sale. If you bought the property for $100,000 and you sell it for $350,000 you would have $250,000 in gain and that would be excluded from tax and... Read more »

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1 Answer | Asked in Family Law and Tax Law on
Q: My husband and I divorced in 2001 after almost 20 yrs of marriage. We had a QDRO in place and I was also listed as the

beneficiary for his NH state retirement. When he passed away I rec'd his entire retirement. The taxes paid were well over $40,000. I think this is too high. He passed in 2006. Do I have any recourse for a refund?

D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 7, 2019

No, the period to recover any tax paid to the IRS has passed.

1 Answer | Asked in Tax Law, Health Care Law and Social Security for Florida on
Q: Can my father pass an inheritance he will receive to his kids without reporting it an losing his medical benefits ?

So my father is on his fathers Will an will receive about $40,000. his father is medically unable to change the will at this time. My father is on Social security disability, has medicare an medicaid which are very important because he needs them to pay for dialysis. I heard that if he gets this... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 5, 2019

You can disclaim an inheritance but it won't necessarily go to his kids. There are also exemptions on medicaid/care for lump sums.

I would suggest hiring an attorney to advise him on this. If you don't do it correctly it'll be bad.

1 Answer | Asked in Business Formation for Georgia on
Q: Does conversion of an LLC to a corporation under GA "conversion" law require a new EIN # from IRS?

O.G.C.A. 14-2-1109.1

D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 3, 2019

Yes, you will need a new EIN. You're changing the structure of the business.

Note: If you were electing to be taxed as a corporation and leaving the entity as an LLC with the state you would not need a new EIN. This confuses a lot of peope so I'm making a note of it here....
Read more »

1 Answer | Asked in Business Formation and Business Law for Georgia on
Q: Are there any laws that prohibit a manager from hiring his spouse It is a private business with seven employees

My manager hired his wife he has never called her a comanager but she makes decisions like he does she did not have to move up the food chain and she is definitely treated differently than the rest of us it is a privately owned business he does not have her clocking in and out as well he has... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 2, 2019

No.

1 Answer | Asked in Tax Law for Hawaii on
Q: If we are making payment and are keeping up with payment plans can the state garish my personal paycheck.

Business no longer making income for pass 5 years

D. Mathew Blackburn
D. Mathew Blackburn answered on Aug 29, 2019

When you setup an installment agreement that stops the garnishment, however it frequently happens that the paperwork is not processed correctly and the garnishment does not stop, If that's the case contact your employer to see if they are processing it and if they have not received any paperwork... Read more »

1 Answer | Asked in Tax Law for Massachusetts on
Q: What would Massachusetts State tax, Federal Tax and any fines and fees be on early withdrawal of a retirement fund?

I am disabled and collecting SSDI in Massachusetts. My spouse has offered an out of court divorce settlement of a TIAA in with four accounts totaling $110,000 (Qualified Retirement Plan, Tax sheltered annuity plan, Tax-deferred annuity Plan, Define Contribution retirement plan).

I would... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Aug 26, 2019

Federal would be ~24% depending on other income and deductions and 5.05% for Mass.

Because the transfer is pursuant to a divorce your spouse doesn't have any tax ramifications for withdrawing the funds and you only have to pay tax on taxable withdrawals, no early withdrawal penalty. You...
Read more »

1 Answer | Asked in Tax Law for California on
Q: I am the 100% owner of a CA C corporation

I have had the same girlfriend for the last 15 years

I write checks to her regularly - Some are small line $5.99 and some are larger like $4,000

In any given year total checks would be under $100,000

Assuming $100,000 per year checks to her

• She has no tax... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Aug 26, 2019

You've missed a few things.

There are a few potential outcomes from a tax perspective.

1. These are gifts from you to her and the IRS and CAFB will pretend you took a dividend and then gifted her those amounts.

2. She has constructive dividends from the corporation....
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1 Answer | Asked in Tax Law for New Mexico on
Q: Can I use funds from a Coverdell Education Savings Account to pay for transportation costs for a special needs student?

My son is enrolled in the school district's post high school special needs transition program. This program requires transporting him to different job sites throughout the week. The school district does not provide transportation to the program sites. Transportation is provide by the city... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Aug 24, 2019

Yes, transportation expenses for the beneficiary that are required as part of the educational program are considered qualified expenses. Make sure you retain receipts and the information regarding the necessity of the transportation in case of audit.

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