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California Tax Law Questions & Answers
1 Answer | Asked in Tax Law for California on
Q: If a non profit purchases tickets at a table for $60,000 and auctions the tickets for $100,000, are there legal issues?

A friend of mine has a chance to buy a 10 seat table at a very high profile celebrity event for $60,000. Since the event is invitation only it sells for well over $50,000 a pair. There would be 2 pairs of tickets auctioned. But the table isn’t donated, they would have to buy it. If the... View More

James L. Arrasmith
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answered on Jan 31, 2024

Under California law, a non-profit organization engaging in this type of transaction should be aware of certain legal considerations. Firstly, when a non-profit purchases tickets for an event and then auctions them at a higher price, the profits made from this transaction must be used in accordance... View More

1 Answer | Asked in Tax Law for California on
Q: My father passed away in March. He signed the house over to me in a quit claim do I claim the house on my taxes?

I am currently living there and paying the payment on the house. Will this benefit me or not? Will it be worth it?

James L. Arrasmith
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answered on Jan 26, 2024

In California, when you receive property through a quitclaim deed, such as a house, it becomes your asset and you need to consider this in your tax filings. If you are living in the house and paying the mortgage, you may be able to claim certain tax benefits such as mortgage interest deduction.... View More

2 Answers | Asked in Criminal Law, Employment Law, Tax Law and Business Law for California on
Q: Q: Is paying an ex girlfriend annual salary without working, thru your family Corp. without other owners knowing legal?

I have a sibling who receives an annual salary as an employee from her ex-boyfriends family corporation, which he does not own solely. She has not worked for him in a decade. I believe he does this to avoid paying her living expenses out-of-pocket, and to keep her silence, as she knows his tax... View More

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answered on Jan 18, 2024

In this scenario, several legal issues are raised, including potential tax fraud and employment law violations. Paying someone a salary for a position they are not actively working in can be problematic, especially if it's done to conceal other motives like tax evasion or hush money. If the... View More

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1 Answer | Asked in Tax Law and Real Estate Law for California on
Q: Is it legal to sign over property inherited by a person but bought by a non-relative back to the person without gift tax

My sister's ex boyfriend purchased mine and my brother's share of the house we were inheriting from our father. He later then signed over the property to my sister without her paying him any money. She claims there is a legal loophole that allows him within a certain time to purchase an... View More

James L. Arrasmith
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answered on Jan 18, 2024

The situation you're describing raises questions regarding gift tax obligations. Generally, when property is transferred for less than its full market value, the difference can be considered a gift for tax purposes. The IRS requires that any gift over a certain annual exclusion amount (which... View More

1 Answer | Asked in Tax Law for California on
Q: I recently found out that there is a class action lawsuit against optima tax relief
James L. Arrasmith
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answered on Jan 18, 2024

If you have discovered that there is a class action lawsuit against Optima Tax Relief, it's important to understand how this may affect you, especially if you are a client or have been impacted by their services. A class action lawsuit typically involves a group of people with similar... View More

3 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Tax Law for California on
Q: I just sold my late father's house which was in a trust so the proceeds went to the trust. What are the tax implications

My brother and I are the beneficiares of my Dad's estate and would be splitting the proceeds 50/50. Will taxes be paid on just the trust or would the trust pay taxes first and then us as beneficiaries pay taxes as well on our proceeds? Thank you for your help.

Klaus Gottlieb
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answered on Jan 13, 2024

The tax implications of selling a house that was held in a trust can be complex and depend on various factors, including the type of trust, the terms of the trust, and the tax laws applicable to the trust and the beneficiaries. Generally, if the trust is a non-grantor trust, the trust itself may be... View More

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4 Answers | Asked in Bankruptcy and Tax Law for California on
Q: Homestead laws and tax liens, can tax lien be done on homestead home/property?

Can bankruptcy remove liens and protect my home/property

Robert P. Taylor
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answered on Jan 11, 2024

Generally, you can remove a judgment lien in bankruptcy if it impairs your homestead exemption. Unless the lien results from a judgment, It generally can't be avoided in bankruptcy. For example, liens resulting from loans, tax liens, mechanics liens and other similar liens attached to the... View More

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2 Answers | Asked in Real Estate Law and Tax Law for California on
Q: Question regarding CA Capital Gains Tax

My brother will be signing over ownership of a property to me (my current residence). It is currently valued at $400K. I need to pay off the $200K outstanding mortgage on it (to be obtained through a home loan). I want to turn around and sell it for down payment on a new home in NV. I will pay off... View More

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answered on Jan 8, 2024

In your situation, dealing with capital gains tax in California when acquiring and selling a property requires careful consideration. When your brother signs over the property to you, it's important to understand the tax implications of this transfer. Generally, the transfer of property... View More

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1 Answer | Asked in Estate Planning, Tax Law and Elder Law for California on
Q: Can you have a grantor and trustee that's not same person using online version of IRS Form SS-4? (Irrevocable Trust)

I am attempting for apply online for an EIN for a irrevocable trust. My mother is the grantor and I am the successor trustee. I have tried several options and it always lists either myself or my mother as both grantor and trustee. Is there a way to do this online or do I need to mail/fax the form... View More

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answered on Jan 4, 2024

When applying for an EIN for an irrevocable trust online using IRS Form SS-4, it's not uncommon to encounter limitations in how the form handles the roles of grantor and trustee. The online system may have restrictions or default settings that do not easily accommodate different individuals in... View More

1 Answer | Asked in Tax Law, Gov & Administrative Law and Immigration Law for California on
Q: I would like to check if I need an ITIN and what documents do I need to apply for one.

I am on F-1 visa earning passive income of approximately over $2000 annually from dividends. I am not eligible for social security given I am not currently working and I have already obtained a letter of denial from the social security office.

James L. Arrasmith
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answered on Jan 3, 2024

Based on your situation as an F-1 visa holder with passive income from dividends, it's likely that you will need an Individual Taxpayer Identification Number (ITIN) since you're not eligible for a Social Security Number (SSN). The ITIN is used by the IRS to process taxes for individuals... View More

2 Answers | Asked in Tax Law for California on
Q: If I gift my Casino Jackpot to a family member and they get to keep it do I still have to give part of it to the IRS?
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answered on Dec 4, 2023

Under California law, when you win a jackpot at a casino, it is considered taxable income. The IRS requires you to report all gambling winnings as income on your tax return. If you decide to gift a portion of your jackpot to a family member, the tax implications can be complex.

Firstly, the...
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1 Answer | Asked in Tax Law for California on
Q: I owe my mom a lot of money I want to gift my casino jackpot to my mom will I still have to report it to IRS

The jackpot is over $5,000 I know if I keep the money for myself I will have to report it to the IRS and they will get a percentage of it but if I gift it to my family member and it is under $17,000 does it still need to be reported?

James L. Arrasmith
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answered on Dec 4, 2023

Hi there,

If you win a casino jackpot over $5,000, this income must be reported to the IRS, regardless of your decision to keep it or gift it to a family member. When you gift it to someone, such as your mom, and the amount is under the annual gift tax exclusion (which was $17,000 as of...
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2 Answers | Asked in Real Estate Law, Tax Law and Land Use & Zoning for California on
Q: I've got property in South Carolina and I'd like to know the value of it. I've been getting a few offers from around the

Country. Is there a (Free) state website I can go to and find out the REAL value of my property?

James L. Arrasmith
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answered on Nov 28, 2023

Assessing the value of property in South Carolina can be approached in several ways, although there's no specific state website that provides an exact "real value" for your property.

One option is to check the county assessor's website where your property is located in...
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2 Answers | Asked in Divorce, Tax Law and Family Law for California on
Q: When I get a default divorce without a written agreement, does our joint tax liability get settled on its own?

I plan to petition for default divorce since my spouse is in agreement and we do not have any major assets or properties to settle. If we choose to not have a marital agreement, how does our tax liability settle after the divorce? Would we still be equally liable for the joint taxes on our incomes... View More

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answered on Nov 21, 2023

In a default divorce in California, without a specific marital agreement addressing tax liabilities, the court does not automatically settle issues related to joint tax liability. If your divorce petition does not address tax matters, the court typically won't make specific orders about them.... View More

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1 Answer | Asked in Divorce, Family Law and Tax Law for California on
Q: What to do about the financial information for divorce if I don't file taxes?

I recently immigrated to the US this year and have only had a part-time job so far. I've never filed taxes yet. In sharing my financial information with my spouse for the divorce process, is it okay if I don't have any tax returns to provide?

James L. Arrasmith
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answered on Nov 18, 2023

In California, during a divorce, both parties are required to disclose all financial information, including income, regardless of whether they have filed taxes. If you haven't filed taxes due to recent immigration or limited income, you should still provide any relevant financial documentation... View More

1 Answer | Asked in Tax Law for California on
Q: I run an e-commerce site connecting local buyers and sellers of baked goods. Am I required to collect sales tax?
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answered on Nov 17, 2023

Under California law, sales tax is generally applicable to retail sales of tangible personal property, which includes baked goods. As the operator of an e-commerce platform connecting buyers and sellers, your responsibility to collect sales tax depends on whether your business is considered a... View More

1 Answer | Asked in Employment Law and Tax Law for California on
Q: Ca Judicial Council intercepted my CA state tax refund this year to satisfy a wage overpayment from my 2016 retirement.

I never received notice regarding an overpayment. They say they sent it but is was returned. I moved in 10/2017, mail was forwarded for 6 mos after that. What type of notice is required? Does this violate the 3 year statute of limitations under Gov Code s 19838?

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answered on Nov 13, 2023

Under California law, proper notice is typically required before intercepting a tax refund for a debt such as a wage overpayment. The entity claiming the overpayment must make reasonable efforts to notify the debtor, often through mailed notices. If a notice is returned, further steps may be... View More

1 Answer | Asked in Tax Law, Divorce and Family Law for California on
Q: Divorce filed 09/2023 (in CA). If husband files his taxes separately would any owed taxes be their joint responsibility?

CA case. Date of separation is filing date of 9/15/23. Couple still living together in home. Husband is retired and Wife is the major breadwinner (which is why husband wants to file separately). To stick her with the taxes. Shouldn't any taxes owed come out of the community property assests... View More

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answered on Nov 8, 2023

In California, a community property state, income earned by either spouse during the marriage is typically considered community income, and both spouses are equally liable for taxes on that income. If a couple is married but files separately, they still generally share responsibility for any taxes... View More

2 Answers | Asked in Estate Planning and Tax Law for California on
Q: If I gift to my heirs, which accounts should I gift from to reduce taxes after I die? Tax deferred, Roth or savings?
Nina Whitehurst
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answered on Nov 8, 2023

Funds coming out of a traditional (non-Roth) IRA or 401k are taxable whether taken out during life or when withdrawn after death. If all of your beneficiaries are natural persons then they will be required to make withdrawals from the traditional/taxable IRAs that you leave to them on a specified... View More

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