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Questions Answered by Eric Day
1 Answer | Asked in Tax Law for Florida on
Q: Will I have to pay additional tax and do I have to pay the 20% tax now on a beneficiary 401k

My dad died at 78 and he had and I was the benificery of his 401K but didnt find out till 5 years later. I am on SSI and I need the money to pay my property tax and pay for my wooden fence that was damage due to Hurricane Irma. The money in the 401K was a little over 5000.00 it was left into his... View More

Eric  Day
Eric Day
answered on Oct 9, 2018

When you withdraw funds from an inherited IRA, the money is subject to income tax to the beneficiary that withdraws the IRA. However, you should not be required to pay the 10% penalty for the early withdrawal of these funds. Therefore, the first 10% withholding would be a good idea in case you... View More

3 Answers | Asked in Tax Law for Hawaii on
Q: Would the IRS call me and tell me that I need to make arrangements to pay monies that I owe?

I was told that they had documents for my arrest which they would hold off if I make payments.

Eric  Day
Eric Day
answered on Sep 18, 2018

If the IRS has called you and indicated that they are coming to arrest you, this is just a scam and you should ignore the call. They are just trying to get some money out of you. The IRS starts the process of collecting on individuals by sending out mail correspondence.

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1 Answer | Asked in Tax Law for Florida on
Q: What's the penalty for not filing taxes on time?
Eric  Day
Eric Day
answered on Sep 7, 2018

The failure to file penalty with the IRS is 5% of the unpaid taxes for each month or part of the month that the return is late up to a maximum of 25%. If you don’t owe the IRS anything, then there is no penalty for filing late, but if you wait too long you may not be able to get a refund. If... View More

1 Answer | Asked in Tax Law for Michigan on
Q: I have a parent that wants to pay my loans of in one lump sum. Is it possible to avoid Gift Tax on the excess over 15k?

I know the allowable amount for a gift is up to 15k, but after that what happens? is it taxed, by how much, and is it avoidable?

Eric  Day
Eric Day
answered on Aug 28, 2018

You can avoid paying any tax, but you will be required to file a gift tax return, Form 709, along with your normal 1040 tax return you file annually. When you pay more than the 15K allotted for individuals to gift on an annual basis, you have to file the Form 709 to record the excess gift.... View More

1 Answer | Asked in Tax Law for Tennessee on
Q: Need help filing Taxes for past 3 years, and best way to get help???

I work for the state of Tennessee and for 5 months no fed taxeswere being held out of my payroll. Due to my deductions being changed in the computer. I was told it was my fault and they weren’t liable. I have not filed taxes in 3 years. I also have had a part time job that has paid pretty well.... View More

Eric  Day
Eric Day
answered on Aug 27, 2018

We can help you get your taxes filed and deal with some of the penalties depending on your filing history. Just give us a call.

2 Answers | Asked in Tax Law for Colorado on
Q: What kind of deduction can I take on rental property improvements?
Eric  Day
Eric Day
answered on Aug 23, 2018

The IRS recently came out with some regulations indicating that if you were doing work on a piece of rental property and the invoice for that work was $2,500 or less, you wouldn't have to do the analysis as to whether that was considered a repair or an improvement. You could always consider... View More

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1 Answer | Asked in Tax Law for Massachusetts on
Q: I read it's illegal to file separate taxes if I'm married - is that true?
Eric  Day
Eric Day
answered on Aug 17, 2018

It's not illegal to file separate, if you file Married Filing Separately. You would just need to indicate who the spouse is on the return that is filed. There are some rules that you would also need to follow when filing separately, so make sure you file under the guidance of a tax professional.

1 Answer | Asked in Tax Law for Arkansas on
Q: If I am tax exempt with capital loss outweighing my ordinary income, do I still get money back at the end of the year?

Example: Ordinary income,12k. Capital loss, 24k.

Eric  Day
Eric Day
answered on Aug 11, 2018

You can only use Capital Losses to offset capital gains. If you don’t have any capital gains, you can write off $3,000 per year until you either have enough capital gains to offset the remaining loss or you exhaust the whole capital loss using the $3,000 per year. In your example only $3,000 of... View More

2 Answers | Asked in Tax Law for Texas on
Q: I work in Kuwait (military contractor) I had to open a salary account & filled out a W9. Will I get a 1099 from the IRS?

I work for UMUC Europe and we fall under a sponsorship company to work in Kuwait. The Kuwaiti bank require us to fill out a W9 when we open our mandatory salary account. What impact will filling out that W9 have on me this tax year? Will that foreign income be reported to the IRS?

Eric  Day
Eric Day
answered on Jul 31, 2018

When a company requires you to fill out a W-9, they typically have you fill out the W-9 so that they have your information to file a 1099 with the IRS for the income that they paid to you. This will affect you for tax purposes because whatever is recorded on the filed 1099 is what you should be... View More

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1 Answer | Asked in Business Law and Tax Law for Indiana on
Q: May I prepare I financial statement without a CPA license? Can you show he Indiana Code that supports your answer?
Eric  Day
Eric Day
answered on Jul 26, 2018

I am not an Indiana Attorney, but generally anybody can prepare a financial statement for their business. Where you would need the licensing is if you were preparing financial statements for a publicly traded company or you were Auditing those financial statements.

2 Answers | Asked in Criminal Law, Divorce, Family Law and Tax Law for California on
Q: My ex husband filed jointly the year we were in the process of divorce. I assume he ucollected the full refund amount

Update: I'm not getting a clear answer on this. I only recently (a month ago) found the paperwork. The check should have been reissued in both names "and." How is it the check was cashed or deposited into an account that was solely his, without my signature or knowledge? So what... View More

Eric  Day
Eric Day
answered on Jul 21, 2018

If anything can be done, it would have to be taken care of through the court holding jurisdiction over the court. The IRS just issues the correct refund. They are not going to be aware of your pending divorce decree.

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1 Answer | Asked in Tax Law for Utah on
Q: Will I have to pay taxes on the sale of my house?

I have lived in my house for the last 20 years. For the last year, I have lived with my daughter and her husband at their house in the same town. The reason I have not lived in my house is that I allowed my son and his family to live there for a short period while he transitions from Texas to Idaho... View More

Eric  Day
Eric Day
answered on Jul 20, 2018

You will not have to pay taxes on the income of the sale of a personal residence for up to $250,000 (single taxpayer)/$500,000 (married filing joint taxpayer) of income. However, you must meet the ownership and use test:

During the 5-year period prior to the sale of the home, you must...
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1 Answer | Asked in Tax Law for Arkansas on
Q: My brother had a irrevocable trust before his death in 4/18. He had already paid taxes on everyhing for 2017.

He lived in Missouri. Do I pay taxes on this in Arkansas?

Eric  Day
Eric Day
answered on Jul 19, 2018

If you are the beneficiary of the trust and the trust document calls for you to receive the income from the trust than you will likely have to pay taxes on any amount of income generated in other states to their taxing agency as well as to yours in Arkansas. However, a lot of the determination on... View More

1 Answer | Asked in Tax Law for North Carolina on
Q: In March I filed my taxes via sprintax and paid what I owed. But I forgot to mail the tax documents. Am I in trouble???

I am an international student and this was my very first time filing taxes, so I was completely confused on a lot of things. I filed using Sprintax and paid the $92 I owe the state of North Carolina online as well. But the problem is, I didn’t know that the next step was to mail the signed... View More

Eric  Day
Eric Day
answered on Jul 19, 2018

Assuming that you paid the full amount due on the tax return in a timely manner you shouldn't have anything to worry about. Most states as well as the federal government base any penalties related to the late filing of a tax return on whether or not their is still a liability when the return... View More

1 Answer | Asked in Tax Law for Virginia on
Q: All of my Mutual Funds ans stock accounts are held jointly with my wife. If a die, what are the tax consequences?
Eric  Day
Eric Day
answered on Jul 18, 2018

If your wife takes over the account at your death, there will be no tax consequences other than the annual tax consequences of the trading activity within the account. You can pass your estate to your wife tax free.

1 Answer | Asked in Tax Law for Florida on
Q: I just Got a collection notice that said I owe $1500 in taxes to South Carolina from 2006

Im sure I filed but there must have been an error I don’t remember ever getting a large refund from state taxes.I think it’s past the statute of limitations it’s 12 years old

Eric  Day
Eric Day
answered on Jul 17, 2018

Federally, the statute of limitations never starts to run until you actually file a return. Many states have his same policy. Sometimes they will look at your income and generate an amount due based on a single filed, but this does not start the statute, you will still need to file your own... View More

1 Answer | Asked in Tax Law for Washington on
Q: I quit my NC Job & moved to WA late 2017; got a bonus from NC job in 2018. No work/resident in NC 2018. NC Tax on bonus?

I left my Raleigh NC job at the very end of 2017. In 2018 I didn't work any hours for my NC job nor was I a resident. I moved to WA state where there is no state income tax and I work at a full time job in Richland WA. If I didn't live in NC or work in NC....and a NC company sent me a... View More

Eric  Day
Eric Day
answered on Jul 17, 2018

The bonus that you received was in relation to work that was performed in NC, therefore, NC can tax you in relation to that income. If the income was produced or "earned" in that state's jurisdiction, that state has the right to tax that income. The other way that a state would be... View More

3 Answers | Asked in Consumer Law, Tax Law and Education Law for California on
Q: My name is Sam and i have accumulated over $70,000 in student loan debt over the last 25 years.

During that time i finally graduated Chico State University. I don't have to pay this debt because i have qualified for Total and Permanent Disability through a student loan company called Nelnet. There is a catch during the last 3 years

from May of 2015 through May of 2018 i had to... View More

Eric  Day
Eric Day
answered on Jul 14, 2018

Any time you have a debt that is forgiven, you will owe taxes on what is considered forgiveness of debt income. How much you will owe depends on the state where you live as well as what type of income you have on top of the cancellation of debt income.

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1 Answer | Asked in Tax Law for Florida on
Q: Do I need to claim a min $ expense for the child to add child as an additional qual child on child care tax credit form?

Have 2 qualifying children. One has daycare expenss the other I've claimed $0 in expenses. TurboTax, IRS form, IRS website, and IRS calculator says she can be added to the form as a qualifying child but the IRS rep from audit feels otherwise. Can anyone clarify? The question is, Can I add... View More

Eric  Day
Eric Day
answered on Jul 10, 2018

One of the main requirements for the taxpayer to take the credit is that you have qualifying dependent care expenses. Therefore, you cannot deduct what you didn’t spend money on.

1 Answer | Asked in Tax Law for Missouri on
Q: Required Minimum Distribution (RMD) of IRA?

I took my required minimum distribution (RMD)from my qualified retirement account (simple IRA) early in April the year before the RMD was required. The next year (year it is required to start withdrawing) can I wait until December 31st?

Eric  Day
Eric Day
answered on Jul 8, 2018

Your required minimum distributions are determined on an annual basis. Therefore, if you took the distribution last year and are trying to include that distribution as part of your required minimum distribution for the following year, it won’t work. There is a different equation that is used... View More

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