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Questions Answered by D. Mathew Blackburn

1 Answer | Asked in Business Formation for Colorado on

Q: My trade name exp in Colo in 2009. In Good Standing for Art of Org in Colo. Do I need file a a new trade name?

I went on the Colo Sec State site and do not see renew option for my trade name, just the ability to correct info for historical purposes.

Curious about penalties? Thank you.

D. Mathew Blackburn answered on Jun 17, 2019

Only if you are doing business under a different name than that of your LLC articles of organization.

2 Answers | Asked in Tax Law for Illinois on

Q: If an accountant has delayed (4 months and counting) a tax return because of an admitted mistake...

can they send a check from their firm to cover that amount (~$3,000) until the IRS sends the money to us?

D. Mathew Blackburn answered on Jun 17, 2019

They can, but they won't.

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1 Answer | Asked in Business Law, Contracts and Employment Law for Colorado on

Q: Can a director who is paid a salary also work as independent contractor for the same company and be paid as such

A programs director for an agency that takes care of people with Developmental Disabilities is paid as a programs director but also serves clients from his agency and is paid as independent contractor for serving the clients in his house

D. Mathew Blackburn answered on Jun 17, 2019

Yes, but the differentiation in roles and the basis for contractor treatment should be documented and retained for audit and an independent contractor agreement should be signed.

1 Answer | Asked in Business Formation for Colorado on

Q: I own a commercial building in Longmont, Colorado and am applying for a site plan waiver and change of use. See below:

Part of the awning and cement steps in the original established main entrance to the building (built in 1928), encroach slightly on the line for public right-of-way. As far as I know, the steps and cement awning were part of the original construction in 1928. In my pre-application, the city... Read more »

D. Mathew Blackburn answered on Jun 12, 2019

They can require anything until you challenge their authority. You're going to want to get an attorney on this one. Good luck.

1 Answer | Asked in Business Law for Colorado on

Q: Change Colorado C Corp shareholder meeting requirements.

D. Mathew Blackburn answered on Jun 3, 2019

Amend the by-laws.

2 Answers | Asked in Tax Law on

Q: to have a 2nd home in Madera county but want to retain my Texas resident status for tax purposes. How can I legally do?

D. Mathew Blackburn answered on May 29, 2019

Spend less than 6 months residing in any one other state. Retain a TX driver's license. Intend to reside in the state of TX for the indefinite future.

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1 Answer | Asked in Business Formation for Georgia on

Q: Can a georgia ps teacher be considered a Georgia Resident business by DOAS for providing services

Services support a government grant administered by a Georgia University. The teacher is a resident of Georgia and teaches at a Georgia Public School.

D. Mathew Blackburn answered on May 29, 2019

Yes, either as a domestic or foreign entity depending on incorporate status in another state if any.

2 Answers | Asked in Tax Law for North Carolina on

Q: I filed taxes on Feb 2nd of this year. Liberty tax did not file them right. So I am still having to wait on my return. I

The IRS said to expect my return between end of June to end of July. Is there any way to get legal help for having to wait so long due to negligence of Liberty tax?

D. Mathew Blackburn answered on May 29, 2019

You can file a civil suit against liberty for their mistake, possibly fraud, or malpractice. It will depend on the facts and circumstances. I would suggest reading the service agreement they gave you because it most likely contains limitations on venue and mediation/arbitration clauses among other... Read more »

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

Q: I own an LLC, and I have 2 houses which I leave for renting. How can I do taxes for my LLC? Thank you.

Do I need to put 2 these houses into my LLC, or I can leave them separated, and then I still can do taxes for my LLC?

D. Mathew Blackburn answered on May 22, 2019

With no tax elections and no partners the LLC will be reported on Sch C.

The rental should be reported on Sch E if not actively managed or Sch C is actively managed.

If you put the rentals in your LLC you still file them on C or E based on active participation.

The...
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1 Answer | Asked in Tax Law for North Carolina on

Q: For four years we have owner financed a house for sellers, and they are about to pay their loan to us in full.

Can we take those final loan proceeds from the sale of a house and pay off the mortgage on our current primary residence which we are about to make into a rental property?

D. Mathew Blackburn answered on May 22, 2019

Yes, once you receive the funds you can do whatever you want with them. It's not going to change the tax ramifications.

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

Q: If a property. Is foreclosed on can you contact the lawyers

No

D. Mathew Blackburn answered on May 21, 2019

The lawyers for the party that foreclosed? Sure, but they're not going to do anything for you. I'm not sure what purpose that would serve.

1 Answer | Asked in Business Formation for Colorado on

Q: If I am already incorporated in the State of Colorado, what do I need to do to get business license in Nevada?

I want to do business in the State of Nevada with an incorporated company in Colorado. Is the process as simple as applying for a tax license in Nevada? I plan on registering as a boxing manager and I want to do things properly.

D. Mathew Blackburn answered on May 19, 2019

File on https://www.nvsilverflume.gov/home to operate as a foreign entity in NV and check local licensing requirements for counties and cities.

That will allow your CO business to operate in NV lawfully.

2 Answers | Asked in Tax Law and Business Formation on

Q: How do taxes work for a subsidiary LLC?

I have a C corporation. I would like to form a new LLC that the C corporation will wholly own. I want the LLC to be treated as a disregarded entity for tax purposes, which I understand is the default.

Should the LLC file an SS-4 to obtain an EIN? Or does the LLC use the EIN of the parent C... Read more »

D. Mathew Blackburn answered on May 19, 2019

The sub would have a separate EIN and books. The net income flows through to the parent corporation.

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2 Answers | Asked in Tax Law for Nevada on

Q: How do I fix a dependent I claimed on my taxes who made too much money, and how much is the fine?

Girlfriend and I filed 2017 taxes together. I clai.ed her as a dependent t and later found d out she made almost 100 over the limit to file on her own. I have moved and never recieved aletter. How much is the fine e and how do I fix this.

D. Mathew Blackburn answered on May 14, 2019

To fix it file a 1040X.

Penalty would be 0.5% of the amount owed as a result of the correction plus interest of 3-5% per month.

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2 Answers | Asked in Tax Law for Massachusetts on

Q: It was sales tax I bought it cash and thought the tax was included

D. Mathew Blackburn answered on May 7, 2019

http://www.chompchomp.com/terms/completesentence.htm

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1 Answer | Asked in Tax Law on

Q: What federal statute provides I.R.S. jurisdictional authority over Union state-conducted lotteries ?

Federal jurisdiction may not be presumed, it must be proven by federal statute.

D. Mathew Blackburn answered on May 6, 2019

https://www.irs.gov/privacy-disclosure/the-truth-about-frivolous-tax-arguments-introduction

2 Answers | Asked in Landlord - Tenant for Georgia on

Q: can a landlord change locks on a independent contractor that pays rent without telling them now we can get in towork

I rent a room from a salon and pay weekly, the supplies and everything I use are mine. the owner changed locks and didnt give anyone a key even though we all had keys. Now we can not get in to work if she is not there with a key nor can we get our stuff if we need it. is that legal

D. Mathew Blackburn answered on May 4, 2019

In GA self-help evictions are illegal. I would suggest finding an attorney to help you retrieve your props and potentially seek damages. Then I would find a new place to rent.

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2 Answers | Asked in Intellectual Property and Tax Law for Iowa on

Q: I am disabled I got a letter say I had to pay the last half of my property tax by may 15 or the sell what can I do

I paied the first half and wont have the money for the last half till June 3

D. Mathew Blackburn answered on May 2, 2019

Call the county assessor and tell them you need more time to pay the tax. They'll tell you your options.

Or hire an attorney.

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