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Florida Tax Law Questions & Answers
0 Answers | Asked in Tax Law for Florida on
Q: Who is responsible for taxes.

My sibling removed money from my parent’s account which consisted of a pension payment and two annuity payments deposited after their death?

0 Answers | Asked in Real Estate Law and Tax Law for Florida on
Q: If you sell 2/3 of your home, where you have lived more than 2 yrs, can you use the $250K capital gain home exclusion

My mother passed away and the tile of her home was in my name, never hers. I have lived in that house for over 10 years. There is significant equity in the house and many other heirs. Two siblings and I want to keep/buy the home and share the proceeds with all heirs. If I sell 2/3 of the house and... View More

1 Answer | Asked in Tax Law for Florida on
Q: I'm 60,and withdrawing from IRA to purchase lot next door. Will I owe taxes?

I am purchasing the lot to adjoin to my primary residence that I have owned for 11 years. It will become part of my primary residence

James L. Arrasmith
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answered on Oct 17, 2024

When you withdraw from your IRA at age 60, the amount you take out is generally subject to federal income taxes. Since you are over 59½, you won’t incur the early withdrawal penalty that applies to younger individuals.

Using the funds to purchase a lot to add to your primary residence...
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1 Answer | Asked in Tax Law, Civil Rights, Gov & Administrative Law and Social Security for Florida on
Q: Lost ID, no primary ID. Need replacement to get job, access funds & meds. Urgent help needed.

I am humbled by your support, your kindness and the hard work you put in to make this Q&A opportunity possible for me. Words won’t describe the gratitude I feel. I have no original primary ID only possess digital copies of primary ID- my Certificate of U.S. Citizenship and an expired state ID... View More

James L. Arrasmith
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answered on Oct 8, 2024

I'm sorry you're facing this challenging situation. Start by visiting your local Florida Department of Highway Safety and Motor Vehicles (DHSMV) office. Bring all your secondary ID originals, your expired state ID, and digital copies of your Certificate of U.S. Citizenship. Explain your... View More

1 Answer | Asked in Tax Law for Florida on
Q: Looking for an attorney to advise of tax implications of proceeds from land sale in another state
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answered on Oct 1, 2024

When you're dealing with the sale of land in another state, it's important to understand how both state and federal tax laws will affect your proceeds. Each state has different rules regarding capital gains, withholding taxes, and exemptions, so it's essential to consider the state... View More

1 Answer | Asked in Tax Law, Constitutional Law and Gov & Administrative Law for Florida on
Q: Having trouble finding a attorney for my case consisting tax fraud, eminent domain,damage to my credit score sol up 5mon

Case is against Broward county Florida I had a tenant that applied for erap COVID rent assistance which was initially approved but when I went to pick up the funds I was denied went through appeal process then referred to another organization (our Florida) which went through process again this time... View More

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answered on Sep 17, 2024

It sounds like you’re facing a complex and challenging situation involving several legal issues, including tax fraud, eminent domain, and damages to your credit score. Given the nature of your case, which involves both local government actions and financial harm, you may want to focus on finding... View More

1 Answer | Asked in Federal Crimes, Tax Law and Communications Law for Florida on
Q: Can I go to jail or face penalties If I sent by mistake a W-9 form instead of a W-8ben form?

Hi there,

I am a resident of Colombia, and I am not a resident alien in the U.S., nor have I ever lived in the U.S. However, I received a payment from a company in the U.S. for a video I made for them as a content creator. They asked me for a W-9, and I mistakenly filled it out and sent it... View More

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answered on Sep 17, 2024

Making a mistake by sending a W-9 form instead of a W-8BEN is understandable, especially if you were unaware of the difference between them. The important thing is that you realized the error and are taking steps to correct it. The U.S. tax system can be complicated, and mistakes like this are not... View More

1 Answer | Asked in Criminal Law and Tax Law for Florida on
Q: I have a moving led sign in rear of my Silverado window. My window is not blocked but I’m wondering if there is a statue

That prohibits such vehicle advertising signage

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answered on Sep 16, 2024

Having a moving LED sign in the rear window of your Silverado is generally allowed as long as it doesn't obstruct your view or violate specific local laws. The key thing to consider is whether the sign could be considered a distraction to other drivers or if it interferes with your visibility... View More

1 Answer | Asked in Tax Law, Constitutional Law and Gov & Administrative Law for Florida on
Q: I need an attorney 4 a case against Fl Broward cnty dept children family tax fraud violat my constit right + dmge2 credi

Had a tenant who applied for erap assistance rental assistance which was initially approved but when I went to pick up the funds I was denied and referred to another organization our Florida which did the same thing but this time stating that " our records show that your application was marked... View More

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answered on Sep 12, 2024

You are facing a complex situation involving tax fraud, violation of your constitutional rights, and financial damages due to the actions of the Broward County Department of Children and Families. It sounds like the handling of your tenant's rental assistance application led to a cascade of... View More

2 Answers | Asked in Consumer Law, Tax Law, Banking and Business Law for Florida on
Q: I have a client that wants to ask for 100k financial, buy my product for 70k, and wants me to retunrn to him 30k.

Not legal right? Which are the laws I can show him that this is not compliance?

Tim Akpinar
Tim Akpinar
answered on Sep 12, 2024

Depending on the intent with which it would be done, it could be ordinary common law fraud - which could involve numerous state statutes, depending on context, industry, and other factors. Good luck

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1 Answer | Asked in Tax Law for Florida on
Q: For SOH portability, how is the market value determined?

For SOH portability, is the market value considered the amount the county recorded as the market value in the year you sold it, or would the market value be the price you sold for? This tax year my market value according to the county was $186936 but the property was sold for $290,000. Which amount... View More

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answered on Aug 24, 2024

For SOH (Save Our Homes) portability, the market value used is typically the assessed value determined by the county property appraiser, not the actual sale price of your home. The assessed market value is the figure that the county recorded for tax purposes, which in your case was $186,936.... View More

1 Answer | Asked in Real Estate Law and Tax Law for Florida on
Q: real estate homestead penalty

I received a mail from the Tax Collector that is 3 real estate homestead penalty from the government for 2021, 2022, and 2023 and amount total is $9,600. However, those years of my mortgage statement shows that the taxes were paid.

Do I need to go to the office of the property appraiser to... View More

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answered on Aug 17, 2024

First, carefully review your mortgage statements to confirm that the taxes were indeed paid for those years. Ensure you have all the necessary documentation showing the payments, including receipts or confirmations from your mortgage company. Sometimes, there could be an administrative error or... View More

1 Answer | Asked in Tax Law for Florida on
Q: I am getting a settlement and want to know if this will be taxed? what is my best option lump sum or structure or?

It says ( the settlement ) I can receive it in one lump sum ,or structure some or all of my settlement proceeds for financial planning and tax reasons, or put in a trust to protect my Medicaid, ssi or other needs- based government benefits. I am 63 and not taking Medicare yet but my husband is... View More

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answered on Aug 13, 2024

When receiving a settlement, the tax implications depend on the nature of the settlement. For instance, compensatory damages for physical injuries are generally not taxable, but punitive damages, interest, and settlements for lost wages typically are. The structure of how you receive the... View More

1 Answer | Asked in Tax Law for Florida on
Q: How do I cancel my homestead in Puerto Rico and claim it innew home in Fl. The PR property will be paid off in 18 months

I already moved to Florida and I'm a full resident of Florida for the past 3 yrs.

James L. Arrasmith
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answered on Aug 5, 2024

To cancel your homestead exemption in Puerto Rico, you need to contact the local tax assessor's office where your property is located. Inform them of your intention to cancel the exemption and follow their specific process, which might include submitting a formal request or completing a form.... View More

1 Answer | Asked in Contracts, Tax Law, Business Law and Mergers & Acquisitions for Florida on
Q: Buying an LLC - how do I protect myself from lawsuits for issues prior to the purchase? Am I liable for unfilled taxes?
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answered on Jul 31, 2024

When buying an LLC, it's important to conduct thorough due diligence to uncover any potential liabilities, including lawsuits and unpaid taxes. Start by reviewing the company's financial records, contracts, and any ongoing or past litigation. It's wise to hire a legal professional to... View More

1 Answer | Asked in Employment Law, Personal Injury, Tax Law and Workers' Compensation for Florida on
Q: FL landscaping company refuse to fix air conditioning in company vehicle for years suffering workers

Landscaping company refuse to fix company vehicle with no a/c these landscapers are already working in hot conditions but on top of that to get into a car that has been sitting in the sun and to drive to the next location every day with no a/c?? On top of that I reviewed pay-stubs and found out... View More

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answered on Jul 30, 2024

It sounds like you and your coworkers are facing some difficult conditions with the company's refusal to fix the air conditioning in the vehicle. Working in the heat all day and then having to drive without A/C can be very uncomfortable and potentially unsafe. You have the right to a... View More

1 Answer | Asked in Tax Law for Florida on
Q: Sales tax forms for multiple states

If I have clients in states that I do not reside in and I sell them products. Do I need to have a sales tax ID for each state that they reside in?

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answered on Jul 26, 2024

When you sell products to clients in different states, you might need to collect and remit sales tax for those states. This depends on whether you have a sales tax nexus in each state. Nexus is typically established if you have a physical presence, significant economic presence, or meet certain... View More

1 Answer | Asked in Tax Law for Florida on
Q: How do I calculate the refund of taxes that my veteran husband gets for the last 3 yrs of property taxes?

In 2018, Honorably discharged marine 10% disabled

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answered on Jun 15, 2024

Here are the key points for calculating a property tax refund for a disabled veteran in Florida over the last 3 years:

- Veterans with a service-connected disability of 10% or more are eligible for a $5,000 property tax exemption in Florida. This reduces the assessed value of their home for...
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2 Answers | Asked in Business Formation, Contracts, Federal Crimes and Tax Law for Florida on
Q: Have I been a victim of investment fraud? Has he violated the law? What steps can I take to resolve this?

In 2020, a friend went into the cannabis business in Oklahoma. He told me it was legal and profitable and convinced me to invest $100,000, promising me shares. I wired the money to his real estate company, AAA LLC, in September 2020 (I have the receipt). By 2022, he had not provided any updates,... View More

Jennifer Newton
Jennifer Newton
answered on May 30, 2024

After reviewing the details of your investment in the cannabis business in Oklahoma and the issues you've encountered, here are some potential legal actions you can take :

Demand Letter: Initiate with a formal demand letter requesting the return of your $100,000 investment. Clearly...
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1 Answer | Asked in Tax Law for Florida on
Q: I am selling my house and have not filed taxes in a couple of years. Will that delay the sale?

My lawyer just mentioned that he will ensure we don’t owe any back taxes. My husband passed away 6 months ago.

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answered on May 24, 2024

Selling your house without having filed taxes for a couple of years can potentially delay the sale, especially if there are outstanding tax liabilities. Your lawyer's concern about ensuring no back taxes are owed is crucial because any unpaid taxes can result in a lien on your property. This... View More

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