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Arkansas Tax Law Questions & Answers
1 Answer | Asked in Real Estate Law, Tax Law and Probate for Arkansas on
Q: There exists property owned by 2 families. 1 family has never paid taxes. A prospective buyer made an offer to purchase.

Many members of the family who doesn't pay taxes cannot be located. How can this be sold with a clear lien so that the taxpaying family can proceed with the sale? The offer was made in 2020.

Anthony M. Avery
Anthony M. Avery answered on May 26, 2021

You might have to file an Action for a Partition Sale. Hire a competent AR attorney to prosecute this Action which will probably involve some service by publication. The taxes paid might be recovered as contributions, but do not count on it.

1 Answer | Asked in Tax Law and Identity Theft for Arkansas on
Q: My sister did Instacart under my name after they kicked her off it. Instacart drivers are considered independent

contractors. I just received a 1099 for her earnings (approx $17,000) this additional income, put me over $50,000, disqualified me for the EIC, the addt'l CTC, reduced my CTC & will reduce my tax return by about $7,000. Is there anything she or I can do to get the 1099 transferred to her,... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 26, 2021

Based on your story, IMO you and your sister have committed a fraudulent act--and are about to make it worse. Advice: Do not make it worse by involving the IRS. If you are unhappy that your sister got $17,000 tax free while leaving you holding the bag and making you pay an additional $7,000 to the... Read more »

1 Answer | Asked in Tax Law for Arkansas on
Q: What can I do if I was told by a public accountant did not file my federal tax with the state?

Also I was told not to respond to the irs letters and the amount that I earned was less than what my employer claimed.he wrote checks in my name for his brother and because the place did not I'd him I owe the money?

Linda Simmons Campbell
Linda Simmons Campbell answered on Nov 24, 2020

You have a lot of issues that cannot properly be answered in this format. I suggest you contact a tax attorney to discuss your questions in greater detail. Most of us offer a free consultation.

1 Answer | Asked in Tax Law for Arkansas on
Q: Does Life Ins Co. that I didn't take my payment on for 3 yrs from a claim on my mother's death owe me the interest?
Steven J. Fromm
Steven J. Fromm answered on Nov 17, 2020

Yes indeed they do. Normally, life insurance companies pay interest with the proceeds of insurance from the date of death until they issue the check.

1 Answer | Asked in Bankruptcy, Estate Planning, Foreclosure and Tax Law for Arkansas on
Q: My father recently passed unexpectedly. How do i find locate his debt/investments?
Rose Blondin Shea
Rose Blondin Shea answered on Aug 24, 2020

I would keep an eye on any mail that comes in his name. Most likely they will mail him something at some point at which time you can contact them. Also look for any estate plans that he has in his home perhaps in a safe or filing cabinet. If he has an estate plan you can also try to contact the... Read more »

1 Answer | Asked in Divorce and Tax Law for Arkansas on
Q: Can my soon to be ex-wife get a hold put on my taxes if I filed first and did everything the right way

I repeatedly asked her to file taxes with me she refused I want to head and filed them on my own as head of household so will start with a text and order Belcourt so that’s a legal separation document and I lived in the house 11 months out of 12 so I filed all three daughters bars and now I’ve... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Feb 21, 2020

When two people file and take the same dependents the IRS will place a hold on both accounts while they investigate and determine who had the right to take the dependents. If this is what happened then you should hear from the IRS. If she is the one telling you that there is a hold on your... Read more »

2 Answers | Asked in Tax Law for Arkansas on
Q: Shouldn't the Army have to notify me of taxes owed on moving costs in order for me to make the choice beforehand?

I recently moved from Utah to Arkansas to take a job as a civilian with the US Army Corps of Engineers. I had the Army move my HHG. I just got a debt collection letter from the Army saying I owed taxes on the amount the Army paid the moving company to move me (about $4,700 in taxes). None of the... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Dec 30, 2019

No, there's no requirement for them to advise you.

Attorneys literally protect you from stuff like this.

Find one you like and pay them to give you advice.

The only thing more expensive than an attorney is not having an attorney.

Sorry that happened to you....
Read more »

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1 Answer | Asked in Employment Law, Personal Injury, Tax Law and Workers' Compensation for Arkansas on
Q: If a Female attorney is unwilling to defend, do I not have a right to separate her from overburden.

She has sent what appears to be a recorded message, it is not her answer.

Tim Akpinar
Tim Akpinar answered on Sep 22, 2019

An Arkansas attorney would be in the best position to answer, if there are state-specific laws involved. But your question remains open for a week. As a general matter in any jurisdiction, you are free to separate from your attorney. At the same time, your attorney could be entitled to compensation... Read more »

1 Answer | Asked in Criminal Law and Tax Law for Arkansas on
Q: where do I pay the percentage of a bond? The sheriff’s office or bail bondsman?

The bond is 2500 and I was told by the defendant that I would only have to pay $250 to get them out. Where would I pay the $250? And are they responsible for the rest of the money later?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 12, 2019

You need to pay the $250 to a bail bondsman; but please know that you are not going to get it back--because it is like an insurance premium. If the defendant fails to show up for court hearings the bondsman will have to fork over the $2,500 to the state; and then the bondsman will com looking for... Read more »

1 Answer | Asked in Tax Law for Arkansas on
Q: If my spouse is incarcerated, can I file married jointly?
D. Mathew Blackburn
D. Mathew Blackburn answered on Apr 3, 2019

Yes. Under IRS rules and regulations, deferring to state marital law, incarceration does not change your marital status. You are able to file married jointly.

You could also file as Married Separate (generally not beneficial) or Head of Household if he was incarcerated for at least 6...
Read more »

2 Answers | Asked in Tax Law and Identity Theft for Arkansas on
Q: Can I still file married joint if my spouse's SSN has been filed on another return?

My spouse is incarcerated and it appears that their ssn was e-filed on a return by someone already without permission.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 3, 2019

Be very careful here. If you attempt to file jointly after your spouse (or someone else posing as your spouse) has filed, the IRS will likely notice the duplicity in SSANs--and will possibly hold YOU responsible. The last thing either of you two need is the IRS coming after you.

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1 Answer | Asked in Tax Law for Arkansas on
Q: I owed 37.44 personal property taxes in arkansas. I went to pay my boyfriends ppt and they refused. They linked our tax.

Is it legal for them to link our accounts if we have seperate personal property and we aren't married. We were trying to renew our tags and I don't have a vehicle in my name right now.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 3, 2019

Stop looking for free advice on matters too small to talk about. Pay the $37.44 personal property tax and get on with your life.

1 Answer | Asked in Tax Law and Collections for Arkansas on
Q: We need help understanding Arkansas Code 26-36-301 as it applies to our specific situation.

We are on a payment plan to the University of Arkansas for an amount that was overpaid to my husband during his employment at the UofA. We’ve received notification that this debt will be collected in its entirety from our tax refund (should we get one) regardless of the fact that we have a steady... Read more »

Chad Silver
Chad Silver answered on Nov 16, 2018

If there was judgment on the balance owed against you it would be very difficult and costly to dispute. The smartest way to handle that would be good tax planning to ensure you have no refund coming back at the end of the year for the creditor to intercept. If you can ensure the tax withholding... Read more »

1 Answer | Asked in Tax Law for Arkansas on
Q: My husband has a lien against him, states Arkansas tax procedure act, Arkansas code 26-18-101. What could this be for?

This is the first were hearing of it but says for the period of 12/31/2015.

Linda Simmons Campbell
Linda Simmons Campbell answered on Sep 7, 2018

I cannot be sure but it sounds like he owes back taxes. He will need to contact the Arkansas Department of Finance to find out why if he does not know. Or you can hire an attorney and they can research it for you.

1 Answer | Asked in Tax Law for Arkansas on
Q: If I am tax exempt with capital loss outweighing my ordinary income, do I still get money back at the end of the year?

Example: Ordinary income,12k. Capital loss, 24k.

Eric Steven Day
Eric Steven Day answered on Aug 11, 2018

You can only use Capital Losses to offset capital gains. If you don’t have any capital gains, you can write off $3,000 per year until you either have enough capital gains to offset the remaining loss or you exhaust the whole capital loss using the $3,000 per year. In your example only $3,000 of... Read more »

1 Answer | Asked in Tax Law for Arkansas on
Q: My brother had a irrevocable trust before his death in 4/18. He had already paid taxes on everyhing for 2017.

He lived in Missouri. Do I pay taxes on this in Arkansas?

Eric Steven Day
Eric Steven Day answered on Jul 19, 2018

If you are the beneficiary of the trust and the trust document calls for you to receive the income from the trust than you will likely have to pay taxes on any amount of income generated in other states to their taxing agency as well as to yours in Arkansas. However, a lot of the determination on... Read more »

1 Answer | Asked in Tax Law and Divorce for Arkansas on
Q: When my fiance got a divorce it was granted in the divorce for the house to be sold to pay back taxes

Ask ex many times to move out so house can be sold she refuses what can he do?

Skye Martin
Skye Martin answered on Jan 27, 2018

I recommend consulting with an attorney. It sounds like you might need to file a Motion for Contempt and also discuss other options. It’s hard to answer without reading the decree.

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 Arkansas on
Q: In Arkansas, can a sole proprietor just 1099 a sub-contractor that is working for him or does he have to withhold taxes?

The sole proprietor (DBA) wants to hire my husband and he would get paid for piece work. The DBA wants to withhold 40% of his paycheck to cover the taxes that might be due. Can't the owner of the DBA business just pay my husband for his piece work and then 1099 him at the end of the year so... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 11, 2017

First contractors don't get paychecks, employees get paychecks. Second, unless the contractor is a foreign national or resident alien then no tax should be withheld. Once a form W-9 is provided to the Sole Prop then all funds should be turned over and the contractor will receive a form... Read more »

1 Answer | Asked in Tax Law for Arkansas on
Q: I bought a rollback truck from a person who evidently owes back taxes on a business. They won't issue me a permit now.

I did not buy his business just a truck. Why am I required to pay the previous owner's back taxes on his business? The business that I am wanting to start has nothing to do with him. It will be under my name and my tax information.

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 6, 2017

The asset most likely was subject to a tax lien and the owner did not have the authority to transfer the property. You can rescind sale and try to get your money back or wait for him to pay his taxes and hope the tax agency (IRS or State) doesn't take the truck in the meantime.

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