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Questions Answered by Michelle D. Wynn
2 Answers | Asked in Tax Law for California on
Q: 1099-MISC #7. I made $890 but it said $89,000. I contacted employer, they sent corrected 1099 but FTB and IRS said...

that I did not file and they did an assessment of $131,000.00. I filed my taxes, sent a copy of corrected 1099, an affidavit that I only made $890 along with a letter explaining it and asked them to adjust their records. In July my check was garnished. I called them and they said they have the... View More

Michelle D. Wynn
Michelle D. Wynn
answered on Aug 23, 2017

You should have had ample opportunity to contest these additional taxes before any taxing agency was able to begin collections, but once they have begun collections it is often a complicated matter to get them to stop, especially the FTB. You should really seek assistance from competent counsel to... View More

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2 Answers | Asked in Divorce and Tax Law for California on
Q: divorce and filing taxes??

Me and my wife are planning a summary of dissolution for our marriage in the upcoming month. which means we won't get our divorce decree until next year.

We won't get a divorce decree by end of year is we file for divorce now it takes six months

-But she is planning to... View More

Michelle D. Wynn
Michelle D. Wynn
answered on Aug 23, 2017

If your first questions are about 2016 taxes, you are not allowed to file tax returns for someone else without their permission. If she provides you will the information about all of her income, worldwide, and allows you to prepare a tax return for her with her permission, then you may be able to... View More

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1 Answer | Asked in Tax Law for Ohio on
Q: Should retirement income made and taxed in another country be taxed by Ohio if it is exempt from federal tax?

My wife emigrated in late 2015. Was resident of Ohio all of 2016. Earns retirement income in Brazil, which is taxed by Brazil. We maintain an apartment and support her mother with that money. IRS 1040, form 1116 allowed her to consider this as income taxed by another country, and is exempt from... View More

Michelle D. Wynn
Michelle D. Wynn
answered on Aug 20, 2017

The short answer is yes, Ohio will tax this income. Ohio, like many other states, bases its income tax on your Federal Adjusted Gross Income with some special additions and deductions. None of those deductions apply to exclude retirement income earned outside the United States.

Your...
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2 Answers | Asked in Tax Law for California on
Q: What is the quickest way to settle a tax debt. I owe about $25000 to the IRS, and am having trouble paying it.
Michelle D. Wynn
Michelle D. Wynn
answered on Aug 20, 2017

You would want to consider an Offer in Compromise based on Doubt as to Collectibility. This would allow you to settle your tax liability for less than the full amount that you owe, but only if you qualify. You can look at the IRS Form 656 Booklet for more information and you may also want to try... View More

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2 Answers | Asked in Tax Law for California on
Q: I'm getting married in December, and my fiance has about $25000 in Federal tax debt from 2012.

My fiance is currently paying the debt through an installment agreement, but is trying to settle the debt. What can I do to protect my assets from his debt? We live in California.

Michelle D. Wynn
Michelle D. Wynn
answered on Aug 20, 2017

So long as your fiance maintains good standing with his Installment Agreement, the IRS should not attempt any enforced collection such as bank levies or wage garnishments. However, if he ever defaults on his Installment Agreement, the IRS would be able to collect against any assets (bank accounts,... View More

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1 Answer | Asked in Tax Law for Indiana on
Q: I have been levied by the state and all funds taken. This has happened a year ago and I can't get any answers

The state periodically levies my current accounts and all I want to know is the reason behind this. As far as I'm concerned I paid all taxes due in a timely fashion. How do I find out why and the exact amount.

Michelle D. Wynn
Michelle D. Wynn
answered on Aug 8, 2017

You posted this question in Indiana although Justia has tagged your location as Minnesota. If this is about Indiana levying your accounts, you may want to try setting up an Online Services account to see what liabilities the state is showing that you owe. http://www.in.gov/dor/4331.htm

It...
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1 Answer | Asked in Tax Law on
Q: A couple is resident in Saudi Arabia.There childerns are born in Saudi Arabia.Will expacts tax will be impose on them.
Michelle D. Wynn
Michelle D. Wynn
answered on Aug 8, 2017

There are not enough facts here to answer that question. Whether or not someone is subject to taxes upon giving up US citizenship or permanent resident (Green Card) status is a very fact-intensive question that does not lend itself to being answered in a message board. If the couple is considering... View More

1 Answer | Asked in Employment Law, Immigration Law and Tax Law for Nevada on
Q: Is it possible to obtain a work permit & temporary residence card for work in Poland with a US federal tax lien?

I have a $30,000 personal deliquent tax debt and a federal tax lien for that debt from the years 2012-2016. I have filed every year on time. I live in Nevada. Since 2012 I have had an installment agreement that I have paid on time all the time except for this year 2017. I defaulted on my agreement... View More

Michelle D. Wynn
Michelle D. Wynn
answered on Aug 8, 2017

I cannot address whether Poland will issue you a work permit, but as far as the IRS goes, it will not prohibit you from living and working in Poland. You should be aware, however, that for as long as you live outside the United States, the statute of limitations on collecting your tax debt stops... View More

1 Answer | Asked in Banking and Tax Law for California on
Q: How can I safely get my money into my bank account without being reported or red flagged by the IRS?

Hello, I am a U.S. Citizen and i have "alienable" family whom live in a foreign country. My deceased grandfather left me money to claim for when I turn 19. Now that I am 19 I would like to bring that money into the U.S. and deposit it in my bank account. To avoid my account from being red... View More

Michelle D. Wynn
Michelle D. Wynn
answered on Aug 4, 2017

I strongly suggest talking with a tax professional with experience addressing foreign income and assets for US tax purposes. The general answers to these questions do not take into account many of the nuances that can apply in the US tax and reporting rules.

Generally, if you are not...
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2 Answers | Asked in Tax Law for Florida on
Q: I received a schedule C-4 form letter from the IRS i dont know? i dont own or had any business. PLease HELP!!

The letter say that I'm been audited and need additional informations.I received 2 forms the first it's shedule C-4 (general explanation of items). The 2nd form shedule C-5(car and truck expenses).

I don't know what to respond, like I said I never had a business.

Please Help!! Thank you.

Michelle D. Wynn
Michelle D. Wynn
answered on Jul 28, 2017

I never like to advise anyone to disregard a letter from the IRS. If the letter completely does not apply to you, it may be best to respond with a response letter or a phone call. Sometimes receiving letters from the IRS that indicates the IRS thinks you have a circumstance that you don't... View More

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1 Answer | Asked in Tax Law for Missouri on
Q: I am looking for a pro bono tax attorney

My bank account has just recently been seized by the IRS for 40,000 in back taxes.

Michelle D. Wynn
Michelle D. Wynn
answered on Jun 15, 2017

I suggest contacting your local Low Income Taxpayer Clinic. You can find a listing of them in your area by following this link to the Low Income Taxpayer Clinic Map: https://taxpayeradvocate.irs.gov/about/litc

1 Answer | Asked in Consumer Law, Tax Law, Gaming and International Law on
Q: What kind of tax consequences a China's company will have when open website see virtual service for US consumers?

We are opening a website which will target at US customers. We will sell subscription for Internet services like surveymonkey.com or Evernote. Our company is currently based in China so we are not very sure about US taxation. Do we need to report tax to US government? What kind of tax consequences... View More

Michelle D. Wynn
Michelle D. Wynn
answered on Jun 9, 2017

This is an excellent question for you to ask, as there may be US tax consequences as a result of this activity. However, there are a great many factors to be considered before someone here can answer even your basic questions, such as whether you have to report this income to the US government.... View More

1 Answer | Asked in Tax Law for Florida on
Q: I haven't worked in USA since 2010 or filed a tax return. I am now living in USA since 2013, no work. How do I file?

I'm partial disabled.

Michelle D. Wynn
Michelle D. Wynn
answered on Jun 7, 2017

If you have earned enough income to have a filing requirement, or if you have income from US or foreign sources that produces specialized tax requirements, regardless of whether the income is from employment, then you need to file a tax return. Any US citizen, permanent resident (Green Card... View More

2 Answers | Asked in Business Law and Tax Law for Colorado on
Q: What type of tax filing option is best for my business?

I’m starting my own yoga business and trying to figure out how to do my taxes before launching. It’s not a traditional yoga studio or anything, it’s going to be primarily online (YouTube, email newsletter to subscribers, subscription sites that host yoga and fitness videos from various... View More

Michelle D. Wynn
Michelle D. Wynn
answered on Jun 7, 2017

I suggest reviewing IRS Publication 334 for some basic information about tax requirements for small businesses. You can find it here: https://www.irs.gov/pub/irs-pdf/p334.pdf

The IRS also has this helpful page on starting a business with some basic rules and considerations:...
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1 Answer | Asked in Tax Law for California on
Q: Hy, my tax p. do the filing status wrong. Instead married filing separate.they wrote single.Must I return the tax?

I'm still married but my husband just went away. About 8 months ago.And my two sons are with me. They are both 18 years old at April 2017. They are still students . I'm just earning 11k in a year.

The people did my tax paper filled the status wrong . But I received about 3k from... View More

Michelle D. Wynn
Michelle D. Wynn
answered on Jun 6, 2017

If you and your spouse lived apart for the entire last 6 months of the year, then you could qualify for head of household filing status, even though you are still married. However, you are saying that your husband left 8 months ago which would indicate to me that he left somewhere around October.... View More

1 Answer | Asked in Tax Law for Alabama on
Q: I have a federal tax lien against me from unpaid (and disputed) 2004-2005 personal taxes.

The taxes were assessed in 2006. I went through a Chapter 7 bankruptcy in 2009 (whole process took four months). At the time of the bankruptcy, I had years of unfiled returns, but got them caught up to qualify for filing chapter 7. I read the 12 reasons why the collection statute expiration date... View More

Michelle D. Wynn
Michelle D. Wynn
answered on May 26, 2017

When the IRS files tax liens, they contain a date on which they automatically release. If that date has now passed, then the lien is released even if the IRS has not filed an actual release on your property records. If you are unsure of the date listed on the lien, you can see a copy of it, usually... View More

1 Answer | Asked in Social Security and Tax Law for Florida on
Q: Received demand for $1700 from the IRS for 2015 tax return. My wife received $14k for disability for 2015.

IRS said this is taxable. Previously this money was not taxed

Michelle D. Wynn
Michelle D. Wynn
answered on May 17, 2017

I would suggest having a tax professional review the details of this payment and the IRS correspondence with you. Certain types of disability payments, such as payments through disability insurance paid for with after-tax earnings, are non-taxable. Other types of disability payments are fully... View More

2 Answers | Asked in Tax Law for California on
Q: Hi, I have a friend who is a us resident and her dad wants to Transfer all his money which is in banks overseas

To her name. So basically it is an Inheritance of 400k. If she brings the money to us will she pay any taxes on it?

Michelle D. Wynn
Michelle D. Wynn
answered on May 9, 2017

I suggest your friend speak to a tax attorney directly before this money is transferred so that she can discuss specifics and receive specific advice about what obligations she will have, as the answers below are very general and do not take into account a myriad of other factors that may add... View More

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1 Answer | Asked in Tax Law on
Q: I have lived outside the US for 27 years, and have not filed taxes during that time. I will be eligible for SS in 3 yrs.

How do I get my taxes ''caught up''? My avg earnings over 27 yrs are in the low $20k per year, with high year of around 50k and low years under 10k earnings.

Michelle D. Wynn
Michelle D. Wynn
answered on May 8, 2017

With regards to your Social Security benefits, the US has agreements with several foreign countries to count some of the credits you earn under that country's retirement system towards your US Social Security benefits if you do not have enough credits to receive Social Security benefits based... View More

1 Answer | Asked in Tax Law and Federal Crimes for Georgia on
Q: what to do if i believe irs or state has me under surveillance?

i have years of unpaid taxes with a state lien that has been sent to collections FAMS.

Michelle D. Wynn
Michelle D. Wynn
answered on May 3, 2017

If you have a significant tax liability owed and you feel that the IRS or state taxing authority is about to pursue criminal charges against you, which is the only reason someone would have you under surveillance, then you should contact a tax attorney in your area right away.

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