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answered on May 18, 2018
That is an exceptionally difficult question, since it is governed by two sets of tax codes and tax treaties.
You need to hire an experienced tax lawyer that can handle tax treaty interpretation.
My ex took my kids out of state without my permission while I was at work. We are in the middle of a custody case. Last year she claimed all our children behind my back. When her and the kids were still with me until Sept of 2016. There was no way she supported us and all 3 kids on her income. As... View More
answered on Jan 9, 2018
Here are the IRS tiebreaker rules (when two people try to claim the same dependents):
https://www.irs.gov/credits-deductions/individuals/earned-income-tax-credit/qualifying-child-of-more-than-one-person
More detailed information can be found in IRS Publication 501:... View More
Last year was the first year I had a steady job so I filed my son as a dependent. His mom is threatening me because her dad (the grandfather) claimed him (my son) and the grandfather's taxes were rejected. She keeps telling me I'm not entitled to claim my son, and I'm getting notices... View More
answered on Jan 8, 2018
You can find the tiebreaker rules (what happens when a dependent is claimed by more than one individual) here:
https://www.irs.gov/credits-deductions/individuals/earned-income-tax-credit/qualifying-child-of-more-than-one-person
You can find more in-depth information in IRS... View More
answered on Dec 2, 2017
Yes. See https://www.irs.gov/newsroom/irs-virtual-currency-guidance
Filed on software on phone it told me he was head of household (not single) , claimed niece nephew, permission granted by sister, with whom he lived. first owed $2000ish now over$7000,threatening to take his possessions
answered on Nov 16, 2017
Some things are fixable, some things are not. It depends entirely on what was claimed and whether the taxpayer was entitled to claim it or not. Since the dollar values are high enough, it would be in his best interest to do a consultation with a professional and go over the whole situation.
I was asked by the company in India how to process the part of tax that I'm responsible to pay for US. I have no idea what type of tax I would be responsible to pay and I have no idea how I would pay from overseas. Please kindly advise me of those questions. Thank you.
answered on Jun 5, 2017
US citizens living abroad still have to comply with US tax obligations. I have provided links to the IRS website, which should answer many of your questions.
https://www.irs.gov/individuals/international-taxpayers/taxpayers-living-abroad
Filing requirements for US citizens... View More
My sister and I inherited our mother's house. She passed away unexpectedly Nov. 2015. The estate was closed May 2017. When the lawyer sent us the final paperwork, we were surprised to find that there was a photocopy of a lien on the house by the IRS for [mother's] unpaid taxes 2000-04.... View More
answered on May 24, 2017
The short answer is: in general, the lien stays on. In other words, the heirs take the property subject to an IRS lien. This is really the only way that the IRS can still collect on the back taxes that they are owed.
With that said, you should probably do a consultation with a... View More
answered on Apr 28, 2017
If you are earning money that isn't subject to withholding, like self-employment, you are supposed to pay "estimated tax payments" which is due quarterly. The advantage is that you won't be penalized.
I had a payment plan set up but could not sustain it due to medical and hours being cut at work and a 127,000 student loan debt. What can I do
answered on Apr 19, 2017
You shouldn't be waiting for them to come to you. If you really can't pay, there are options available to you. If you meet the low income thresholds, go to your local Low Income Taxpayer Clinic, often run through legal aid groups or through law schools. If not, speak to an enrolled... View More
I work as a tipped employee in a restaurant and rarely see a paycheck due to the money I make. I received my w2 and due to the lack of federal withholdings I owe a large amount of taxes. Is there any liability on the employer's end?
answered on Apr 11, 2017
The withholding is governed by the Form W-4 you (the taxpayer) fill out when you start working somewhere. Here's a W-4 for 2017 https://www.irs.gov/pub/irs-pdf/fw4.pdf Based on your entries on the Form, the withholding will be adjusted. Often, people will put so many exemptions on the Form... View More
Last year I "sold" my company (company A) to another company (company B). Company B was to pay me over three years.
I stayed on as a full-time paid contractor to work for company B. I retained ownership company A (was planning to relinquish ownership after 50% of the full payout... View More
answered on Apr 1, 2017
The issue is very complex and depends heavily on the specifics. Just pay for a consultation with an experienced tax attorney or other tax specialist so that you can get actual legal advice. Make sure you look carefully - many times you'll find business attorneys who also do tax instead of... View More
My partner and I want to readjust our general partnership distribution for 2016. No partnership paper work was ever filed. Our retired CPA says yes our new EA says no.
answered on Mar 31, 2017
Rather than add a third opinion into the mix, why not ask your CPA and EA to meet with you at the same time to discuss the issue? While it may seem like it's an issue of who you trust more, it's more about trying to understand what they're seeing. Tax is a complex world and there... View More
Secondarily, have any lawyers successfully handled a case involving a "Cracking the Code" position?
answered on Mar 30, 2017
A competent lawyer, accountant, or tax preparer will not take that position. It is considered a "tax protester position" and is considered by courts to be a frivolous position to take. Making an argument like that will land you in trouble with the IRS and possibly the Department of... View More
i have a photography business and recently became LLC at beginning of the year. I dont understand or know if i am a pass thru entity and i dont know when / how often I am supposed to pay my sales tax. Before this i was sole proprietor and it was all much easier to understand
answered on Mar 27, 2017
Single member LLCs are still taxed by the Federal Government as sole proprietorships by default. Unless you make an election to be taxed as a corporation, nothing really changed on the federal level. Even if you were a state sole proprietorship, you would still have state sales tax to worry about... View More
answered on Mar 24, 2017
Yes. If the award is over $600, they are supposed to issue a Form 1099. Either way, it's still taxable. You'd report the income on Form 1040, Line 21 "other income."
I have provided a link to the IRS website page on miscellaneous income.
https://www.irs.gov/uac/reporting-miscellaneous-income
I just received a letter from the IRS for unpaid Federal Taxes. I was awarded a settlement from my former employer. Should I contact the IRS myself on this issue or should I hire a Tax Attorney to do this for me? I believe that the entire amount of the settlement should not be taxed, or possibly... View More
answered on Mar 18, 2017
Settlements can be tricky because they have to be closely read to determine the proper tax classification of each item. That said, many taxpayers can choose to try to handle issues with the IRS on their own. There is certainly a wealth of information available through the IRS publications,... View More
answered on Mar 13, 2017
Not necessarily, but it's possible. It depends on what turns up in the audit. Regardless, the most important question is why he owes a lot of money to the IRS in the first place. If a taxpayer hasn't filed returns in a handful of years, the IRS would basically create a return for the... View More
I received a call I returned and case #R7416 and claim of errors on my tax returns was all they would tell. No details
answered on Mar 4, 2017
Contact a tax attorney that handles criminal matters. Do not delay.
I recently moved about 2000 miles for job. The new employer reimbursed me about $1900 for the total moving expenses. However, only $950 was shown as moving expenses reimbursed on my paycheck and W2. Now, on that particular pay period they taxed much more because $950 was added to my income. So, now... View More
answered on Feb 15, 2017
This question gets a little tricky and depends on an employer's policies. To figure out whether reimbursed moving expenses were taxable in the first place, you're going to need to refer to IRS publication 521. If an employer repaid an employee according to what's called an... View More
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