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Questions Answered by Paul Martin Vargas
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 of losing... Read 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 assessment... Read 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... Read 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... Read 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... Read more »

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