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Questions Answered by Michelle D. Wynn
1 Answer | Asked in Tax Law and Consumer Law on
Q: hello i am wondering if an education loan has the right to take your tax refund?
Michelle D. Wynn
Michelle D. Wynn
answered on May 3, 2017

If you are in default on federal student loans, the IRS will "offset" your refund, meaning it will take your income tax refund and send it to the student loan servicer to put towards your delinquent student loans. If you are in default on your federal student loans, there are multiple... View More

1 Answer | Asked in Tax Law for Michigan on
Q: If my mom were to give me $10000 as a gift. Would the irs come at me for suddenly possesing and spending $10000?

I read she doesnt have to file a gift tax return if the amount of gift is under $14000. My mom claims me on taxes. I currently have no job. Would I be okay to just put $10000 into my bank account without having to pay taxes on it if it's a gift?

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

If it is a gift, then you do not need to pay any taxes on it. If you currently have creditors or if you owe the IRS, you may need to be concerned about their ability to seize this money once it is in your account. But if you are just concerned about how to explain the appearance of $10,000 in your... View More

1 Answer | Asked in Criminal Law, Tax Law, Business Law and Divorce for Washington on
Q: Divorcing my spouse & we started a construction company about 25 years ago, suspect corp embezzlement by him & officers

My soon to be ex and his business partners have dissipated our business in violation of court orders, taken out and spent all the money ($300K in meals and entertainment in 2 years), casinos, trips, his secretary/girlfriend fixing her car buying her clothes, trips etc. The business is now out of... View More

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

You are likely going to need a business attorney in your area to represent you in any dealings with these creditors who are hounding you. The business attorney should be able to advise you on any potential exposure to creditors claims and defend you if any creditors attempt to collect against you... View More

1 Answer | Asked in Tax Law for New York on
Q: Shall I pay taxes?

I am Lebanese. I do not live in USA and I never visited USA before. I do not have a green card or US passport.

I managed to form a LLC in New Mexico (Sole Member) and I got an EIN for it from the IRS. (it got formed with online service like incrop.com)

I do not sell on Amazon, but I... View More

Michelle D. Wynn
Michelle D. Wynn
answered on Apr 29, 2017

Yes, you would need to file a US Income Tax Return using Form 1040-NR. You can find the form and instructions here: https://www.irs.gov/uac/form-1040nr-u-s-nonresident-alien-income-tax-return Since you live outside the US, the tax return is due June 15th.

I would suggest finding a tax...
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1 Answer | Asked in Tax Law for Florida on
Q: If a parent gifts less than $14k per year to their child, is it taxed at either end?
Michelle D. Wynn
Michelle D. Wynn
answered on Apr 17, 2017

Assuming both parents and children are US citizens, then if the parent gifts less than $14,000 per year to his/her child, the parent does not have a gift tax filing requirement and is not liable for gift taxes on the gift. The child would not have to report this gift as income.

1 Answer | Asked in Tax Law for Florida on
Q: I waited too long to ammend a tax return. It's been exactly 3 years and the post office is closed. Can this be fixed?

File date 4/15/14 and today is Saturday 4/15/17 and post office is closed. Can this be fixed?

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

It all depends on the reason you are filing an amended return. If you are filing your amended return simply to claim a refund, there is no additional time allowed. If you are filing an amended return to reduce a balance still owed for that year, then you are still able to file an amended return and... View More

1 Answer | Asked in Tax Law for Florida on
Q: Offshore LLC and US resident tricky dividends tax question.

I've had a Belize LLC which earned the most of its income during the first quarter of 2016. I became a US permanent resident in the second quarter and in the third quarter I paid myself dividends from the earnings of the first quarter. Will I have to pay the tax on the dividends received or... View More

Michelle D. Wynn
Michelle D. Wynn
answered on Mar 22, 2017

If only your question were as simple as it appears.

Please realize that the answers I am giving below are generalized answers and I strongly suggest that you use an experienced tax professional to prepare your return (more details about this below).

First, your US tax resident...
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1 Answer | Asked in Tax Law for Florida on
Q: Offshore income filing.

I became a permanent resident of the US (Florida) in spring 2016. At that time I had an offshore LLC company (Belize) and received my income to the bank account of that company. I opened a US company in summer and closed my offshore company bank account in November 2016. Now I'm puzzled if... View More

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

Unless you file an election to have the LLC be disregarded as a taxing entity separately from you (using an IRS Form 8832), the LLC's default classification is as a Foreign Corporation, even though US LLC's report their income on either a partnership return or on a sole-owner's... View More

1 Answer | Asked in Tax Law for Georgia on
Q: I am a solo practitioner (lawyer) with an LLC. I file one tax return for myself and for the LLC. Does it matter whether

I report income to me personally or to the LLC? Is there a tax advantage for doing either?

Michelle D. Wynn
Michelle D. Wynn
answered on Mar 2, 2017

Typically an LLC's income would be reported on your own tax return on a Schedule C and you would pay self-employment taxes on any net income. If you have filed a S Corporation election for the LLC, then the LLC would file a separate tax return. In that case, it comes down to a fact-specific... View More

1 Answer | Asked in Criminal Law and Tax Law for Alabama on
Q: Hi, what can my son do to get his tax refund that was directly deposited in his girlfriend bank account?

She filed his tax return online with H&R Block. And she was told to have his refund directly deposited into my bank account like she did last year. But instead she had it sent to her account. And now she refuse to give it to him.

Michelle D. Wynn
Michelle D. Wynn
answered on Mar 2, 2017

It sounds like you are stating she filed his tax return without him being present to review and approve the return or authorize its filing. This is very unusual without a specific Power of Attorney authorizing her to do so. However, since it sounds like she was authorized to do this by your son,... View More

1 Answer | Asked in Tax Law for Oregon on
Q: Hi I wanted to see if you can give me some free legal advice about my taxs
Michelle D. Wynn
Michelle D. Wynn
answered on Mar 2, 2017

If you are able to ask your question without incriminating yourself in this Q&A forum, you might have a better chance by actually asking the question directly in this forum.

1 Answer | Asked in Immigration Law and Tax Law for Arizona on
Q: Got green card 13 yrs ago but returned back to home country since then-never back to US. Any tax consideration?

Received the green card upon landing, stayed for 3 weeks, and never come to US again

Q1: I am assuming his green card status automatically canceled and NO further action needs to be done. If he needs to come to US again in the future, he can apply for a visitor visa. Can you confirm?... View More

Michelle D. Wynn
Michelle D. Wynn
answered on Mar 2, 2017

I am not an immigration attorney, but it is my understanding that the cancellation of a green card due to abandonment does not occur automatically. While USCIS can revoke Green Card status due to abandonment, it must take affirmative action to do so. If a Green Card holder has not received notice... View More

1 Answer | Asked in Tax Law for North Carolina on
Q: My husband filed taxes under married filing jointly. He did it electronically. He signed my signature and had the money

put into an account in which I have no access to. He refuses to share any of the refund with me. I am not working outside of the home. I care for our five children because of that he says I am not entitled to any of the refund. Can you please tell me is this true and am I entitled to a portion or... View More

Michelle D. Wynn
Michelle D. Wynn
answered on Mar 2, 2017

If you truly filed jointly (meaning it was filed with your consent), then you are each entitled to 100% of the refund. No, that is not a typo, you are jointly entitled to the entire refund and the allocation of the refund between the two of you is up to you. If he fraudulently filed a return... View More

1 Answer | Asked in Banking and Tax Law for Arkansas on
Q: If you don't have any property ,no car,house isn't on wellfare but have only a bank that you don't withdrawal money

It interest is about 1000' do you still file taxes?

Michelle D. Wynn
Michelle D. Wynn
answered on Mar 2, 2017

If your only income for the year is $1,000 of interest, then you would not have an income tax filing requirement. The answer is different if someone else is claiming you as a dependent and the interest was over $1,050, then you would have a filing requirement.

1 Answer | Asked in Tax Law for Florida on
Q: Can we use acknowledgment of paternity to prove to the irs that the father is the father? We were not together at birth

We are getting married in October and planed on changing the birth certificate then however the irs wants proof my fiance is our sons father. Will the Acknowledgment of paternity be ok to send?

Michelle D. Wynn
Michelle D. Wynn
answered on Mar 2, 2017

The Acknowledgement of Paternity should be sufficient. The IRS may also request proof that your son's father lived with your son and supported him.

1 Answer | Asked in Tax Law for Florida on
Q: I defaulted on my student loan last year, the loaner took my tax return. Does that count as a payment that I can claim?
Michelle D. Wynn
Michelle D. Wynn
answered on Mar 2, 2017

Yes, this should count as a payment towards your student loan. If any of this amount went to the student loan interest, which it likely would after it paid any fees, then yes the interest paid would be eligible for deduction on your tax return next year.

1 Answer | Asked in Tax Law for Florida on
Q: I am a retired railroader , I understand line 15b on form 1040 ira distributions the total amount is taxable and income

what I do not understand is how this increases my taxable amount on line 20b ? and is income ?

Michelle D. Wynn
Michelle D. Wynn
answered on Mar 2, 2017

A portion of your RRB benefits are paid in lieu of Social Security benefits, since you do not accrue Social Security benefits for qualified railroad work. This part is taxed just as if it was a Social Security payment and thus shows up on Line 20 of your tax return.

The rest of your RRB...
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1 Answer | Asked in Tax Law for Florida on
Q: Is my civilian pay tax free while I am in a combat zone?

I am in the National Guard, I have been in a combat zone tax exclusion area since may 2016. My civilian employer is still paying me differential pay which is having federal taxes withheld. Is that pay also excluded from federal taxes? How would I indicate that on my return?

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

Under the regulations for the combat pay exclusion (26 CFR 1.112-1(4)) only pay received from the US Armed Forces (or similar entity) can be excluded. The regulations specifically state that pay from private employers, including differential pay, cannot be excluded under the combat pay exclusion.

1 Answer | Asked in Tax Law for Pennsylvania on
Q: Is it legal for my mother to claim me as a dependant on her taxes and have me not file?

I'm an adult with Aspergers. Age 24. Half the year I worked an average 20 hours a week at a $9.50 an hour rate. The other half of the year I worked an average 40 hours a week at $9.86 an hour rate. My mother has spoken to me about it and she says it is legal since she supported me, and I didnt... View More

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

Based on the information you provided, it does not seem like you would qualify as a dependent of your mother for tax purposes. There are two types of dependent exemptions, Qualifying Child and Qualifying Relative.

In order to be a Qualifying Child, among other qualifications, you would...
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1 Answer | Asked in Tax Law for South Carolina on
Q: The state of south carolina retained my income tax refund for unpaid student loans my wife incurred before we married.

She has no income. I do claim her as a dependent. Is it legal for them to retain my refund?

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

Typically if you claimed her as a dependent, the state would not keep your refund to apply it to her tax debt. However, you can only claim your spouse as a dependent if you file as Married Filing Separately and meet other qualifications.

If you filed as "Married Filing Jointly"...
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