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Questions Answered by Paul Martin Vargas
2 Answers | Asked in Tax Law for California on
Q: if my parents owe taxes can they file now and don't have to pay until july 15?

My parents owe taxes, and they want to wait till july 15 to file because they owe money, but if they file now, they won't have to pay until july 15, right? The reason I'm asking is be causse on the 2018 taxes they put me as a dependant, and 2019 their not going to put me down?

Paul Martin Vargas
Paul Martin Vargas
answered on Apr 15, 2020

Hi. Yes, they can file now and wait until July 15 to pay what is owed on the return.

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1 Answer | Asked in Tax Law for California on
Q: Hello, I would like you to further explain and dissect the "Wholesale cost” definition whether it is less ambiguous.
Paul Martin Vargas
Paul Martin Vargas
answered on Apr 15, 2020

Hi. The wholesale cost is the cost of the product at a price when sold in bulk, which more often than not is cheaper than the retail price. The cost is usually the price charged from vendor to vendor. Retail price is vendor/retailer to consumer. I hope I am answering your question.

1 Answer | Asked in Small Claims and Tax Law for California on
Q: My 2020 tax refund was intercepted in the sum of approximately $4000 for a student loan but it was not my loan . I

I need my money back it was incorrectly intercepted by a student loan that was not mine . I have a police report that states it .

Paul Martin Vargas
Paul Martin Vargas
answered on Apr 13, 2020

Hi. I would start by calling both the tax authority (Franchise Tax Board maybe) and the agency (Student Loan) that are the center of this issue. If it is a FTB mistake, they may be able to return the funds intercepted.

2 Answers | Asked in Tax Law and Gov & Administrative Law for California on
Q: MY dad used me as a dependent for 2018,and he is not going to use me as a dependent 2019,can I qualify for stimulus 2020

My app got rejected by the stimulus program because my Dad use me for 2018 and I won't be dependent for 2019, But does he need to file 2019 without as a me as a dependant, in order for me to qualify for new stimulus?

Paul Martin Vargas
Paul Martin Vargas
answered on Apr 13, 2020

Hi. You can file 2019 tax return not as anyone's dependent assuming your father did not already file with you as a dependent. You "should" be able to get the stimulus if you meet the qualifications. If you are willing, you can also include your bank account information on the return... View More

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1 Answer | Asked in Tax Law for California on
Q: Would the FTB process a wage garnishment during the Covid crisis?

owe a balance. working out an installment agreement (owe just over 25k, so the installment was for 600/month pending payment of the 2018 balance that I have not yet been able to pay).

Paul Martin Vargas
Paul Martin Vargas
answered on Mar 30, 2020

Hi. Yes, they will process a wage garnishment

2 Answers | Asked in Tax Law for California on
Q: I am a nanny that’s getting paid under the table & my boss is trying to claim childcare on their taxes.

I’ve been provided with a w2 form for every nanny job I’ve worked for but when this job didn’t give me one I assumed they were paying me under the table. Now that they want to claim childcare will be both get in trouble or just me?

Paul Martin Vargas
Paul Martin Vargas
answered on Mar 26, 2020

Hi. If you have not been claiming this income, the IRS and FTB could inquire and you may have penalties and addition to tax. Your employer will be penalized as well if the IRS and FTB find out.

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1 Answer | Asked in Civil Litigation and Tax Law for California on
Q: Recently my husband and I overplayed the California Franchise Tax Board in the sum of $33,333 . We left California 2004

We never received a letter regarding overpayment. The reason we recently found about the overpayment is that the California Franchise Board had taken money out of are account saying my husband owed them $5204.11. Which we have proved that they made a mistake on owing them. So, my question is can... View More

Paul Martin Vargas
Paul Martin Vargas
answered on Dec 10, 2019

Hi. Yes, you can make a claim for refund, which may involve a civil action. Or, it is possible to handle this administratively. Please contact us to discuss.

1 Answer | Asked in Tax Law, Appeals / Appellate Law and Constitutional Law for California on
Q: The BOE levied my deceased mother's irrevocable account left me over two years after her death.

They wrongly linked her to someone else whom used her SS#. Isn't there a statute of limitations for this levy?

Paul Martin Vargas
Paul Martin Vargas
answered on Oct 8, 2019

Hi. There is the 20-year SOL, but you may have a better way of approaching this matter. If the collection was on an incorrect use of her SSN (Identity Theft), there are ways to prove this to be true and possibly get the money returned.

2 Answers | Asked in Contracts, Estate Planning, Real Estate Law and Tax Law for California on
Q: How do I find out about a property that's been transferred to my mom's name?

I just found out that my grandmother had dementia and can't remember much. I recently learned that my grandma had put her house in my mom's name. Her son Ronnie (my sperm donor), his girlfriend and my uncle Tim are all living under her roof and haven't taken her to a hospital in fear... View More

Paul Martin Vargas
Paul Martin Vargas
answered on Oct 8, 2019

Hi. You can check with your County Recorder's office to request/download all documents. There are also online real property document retrieval services that you can order the docs through and they are downloadable immediately. And, I would check your county assessor to see the tax and... View More

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2 Answers | Asked in Tax Law, Appeals / Appellate Law and Constitutional Law for California on
Q: The BOE levied my deceased mother's irrevocable account left me over two years after her death.

They wrongly linked her to someone else whom used her SS#. Isn't there a statute of limitations for this levy?

Paul Martin Vargas
Paul Martin Vargas
answered on Oct 8, 2019

Hi. There is the 20-year SOL, but you may have a better way of approaching this matter. If the collection was on an incorrect use of her SSN (Identity Theft), there are ways to prove this to be true and possibly get the money returned.

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1 Answer | Asked in Business Formation, Business Law and Tax Law for California on
Q: Hi my company in Japan is thinking about establishing a rep office in CA. Wondering if we need to pay tax in this case?

If we do, how does it work? Does it work the same for both federal and state law? If we do not, then do we need to fill out any form claiming that we are not participating in any business activity or? Thank you.

Paul Martin Vargas
Paul Martin Vargas
answered on Nov 9, 2018

Hi. The company would have to register with California as a foreign entity (foreign means entities outside of California, not just the U.S.). As a result, $800 minimum Franchise Tax to California per year would be due. Also, any activity conducted in California will result in income tax liability... View More

1 Answer | Asked in Tax Law for California on
Q: Can I civil litigate for damages the FTB caused for a faulty levy that took place AFTER residency was proven?

I lived in Japan for 3 years FTB claimed I was in CA. After years of not receiving collection status notices (I still live in Japan), a family member finally received one and informed me.

I was NEVER provided proof of CA residency by FTB and the onus was on them to do so. From their... View More

Paul Martin Vargas
Paul Martin Vargas
answered on Nov 9, 2018

Hi. Yes, you would have a cause of action in civil court against the FTB for unauthorized collection action. There are some details that are not in your question that would need to be assessed to determine the strength of your case. The fact they are willing to refund you the amount retained shows... View More

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