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Florida Tax Law Questions & Answers
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

James L. Arrasmith
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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.

James L. Arrasmith
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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

1 Answer | Asked in Tax Law and Gov & Administrative Law for Florida on
Q: Does an acupuncturist need a tax permit to provide in- home treatment services in Lake County FL?
James L. Arrasmith
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answered on May 21, 2024

In the state of Florida, including Lake County, acupuncturists are required to obtain a license from the Florida Board of Acupuncture to practice acupuncture legally. This is outlined in the Florida Statutes, Chapter 457.

However, regarding a tax permit for in-home treatment services, the...
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1 Answer | Asked in Tax Law for Florida on
Q: I lived in Florida and worked remotely for a Maryland company. 1099, Do I still need to pay income taxes to Maryland?
James L. Arrasmith
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answered on May 1, 2024

If you're working remotely for a company based in Maryland but living in Florida, you generally don't need to pay Maryland income tax on the earnings from that company, as Maryland typically taxes income based on where the work is performed, not just where the company is located. However,... View More

3 Answers | Asked in Family Law and Tax Law for Florida on
Q: My ex wife filed our kids on her taxes. There is a court order stating we each file a child. What can I do?
Rand Scott Lieber
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answered on May 2, 2024

You need to return to the court that issued the order and file a motion for enforcement and contempt. The remedy will either be to file an amended tax return for the current year or allow you to claim both children the following year. If you just file your return claiming a child that has already... View More

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1 Answer | Asked in Tax Law for Florida on
Q: I need to know if my spouse can establish an LLC and secure an F2 visa so that we can remain together.

I am seeking to resume my studies, which were put on hold due to the pandemic and would like to obtain an F1 visa to do so. I am wondering if it is feasible for my spouse to establish an LLC and secure an F2 visa, as we are a family of five and wish to remain together while I pursue my educational... View More

James L. Arrasmith
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answered on Apr 30, 2024

Establishing an LLC by your spouse will not directly impact the ability to secure an F2 visa. An F2 visa is specifically for dependents of F1 visa holders and does not allow for employment or significant income-generating activities like running a business. Your spouse can still establish an LLC,... View More

1 Answer | Asked in Real Estate Law and Tax Law for Florida on
Q: In NC, how could I get a friends property deed re-assigned to me, since my friend passed away? Are there forms for this?

none at this time.

James L. Arrasmith
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answered on Apr 29, 2024

I'm sorry for your loss. The process for transferring property after the owner has passed away depends on a few factors. Here is some general information, but you may need to consult with a probate attorney for guidance on your specific situation.

First, it depends on how the property...
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1 Answer | Asked in Contracts, Employment Law, Tax Law and Appeals / Appellate Law for Florida on
Q: My ex husband and I ran a live shrimp company from 1997 til we divorced in 2008 .

My question is we had filed our taxes jointly although he was listed as sole proprietor. Now I became disabled in Sept 2020 and because of him being listed as sole proprietor I did not get the tax credits for those 9 years . We had an accountant that did it that way and now I was told they needed... View More

James L. Arrasmith
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answered on Apr 26, 2024

I'm sorry to hear about your situation. It seems like you have a complex tax issue that needs to be addressed. Here are a few steps you might consider taking:

1. Consult a tax professional: Given the complexity of your situation, it's best to seek advice from a qualified tax...
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1 Answer | Asked in Tax Law and Business Law for Florida on
Q: Can a local business refuse to accept a Certificate of Exemption (Florida) for a 501c3 nonprofit?

I’m on the Board with a federally recognized 501c3 nonprofit, we have a consumers certificate of exemption for the state (Florida). We have been in operation for over a decade, and use our exemption certificate frequently to buy supplies for the nonprofit.

When I went in to purchase some... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information provided, it appears that the business owner may be misunderstanding their obligations when it comes to accepting a valid Florida Certificate of Exemption for a 501(c)(3) nonprofit organization.

According to the Florida Department of Revenue, a properly completed...
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1 Answer | Asked in Immigration Law and Tax Law for Florida on
Q: Can an international student who is taking a summer break in their country work for a company in their country?

How does that apply when it comes to working for a US Company that does Business both in the US and Brazil? What about a company that does business just in Brazil? Both positions are unpaid

James L. Arrasmith
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answered on Apr 15, 2024

The ability of an international student to work in their home country during summer break depends on several factors, including the student's visa status, the laws of their home country, and the policies of the company they wish to work for.

Regarding your specific questions:...
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1 Answer | Asked in Tax Law for Florida on
Q: I moved out of NJ; Am a full time resident of FL; still work for the same NJ employer. Do I have non-resident NJ wages?

I work out of the employers office in FL. Employer continues to withhold NJ taxes. I visited the NJ office less than 2 weeks a year.

James L. Arrasmith
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answered on Apr 11, 2024

Based on the information you provided, it seems that you should not have non-resident NJ wages, and your employer should not be withholding NJ taxes from your income. Here's why:

1. You are a full-time resident of Florida and no longer a resident of New Jersey.

2. You work out...
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1 Answer | Asked in Tax Law and Arbitration / Mediation Law for Florida on
Q: Attorney fees paid by defendant for plaintiff deductible on 1040 Sch 1 line 24 h?

I received a lump sum settlement for disability benefits under my employer's LTD group policy last year, and I believe my claim should meet the definition of unlawful discrimination under IRC section 62 a 20 e 18 so I am likely able to deduct attorney fees and court costs on 1040 Schedule 1... View More

James L. Arrasmith
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answered on Mar 29, 2024

Understanding the nuances of tax deductions related to attorney fees and court costs can be complex, particularly when it comes to settlements for disability benefits under an employer's LTD group policy. According to IRS Publication 525, attorney fees and court costs associated with claims... View More

1 Answer | Asked in Constitutional Law and Tax Law for Florida on
Q: Civil mater regarding in property ownership circuit court judicial branch does a defendant have a right to a trail
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answered on Mar 28, 2024

In civil matters concerning property ownership within the jurisdiction of the circuit court's judicial branch, defendants do indeed have the right to a trial. This fundamental right is designed to ensure that all parties have an opportunity to present their case, including evidence and... View More

1 Answer | Asked in Tax Law, Real Estate Law and Cannabis & Marijuana Law for Florida on
Q: I'm a GM working for a dispensary. I pay federal taxes out of my check but I can't get an FHA mortgage. Is this illegal?

I also get a W2. I work for a reputable dispensary operating over 40 stores in Florida. I understand it's not legal on the federal level but why am I paying federal taxes if they don't recognize cannabis income?

The easy fix would be to have it rescheduled to a schedule III... View More

James L. Arrasmith
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answered on Mar 25, 2024

Your situation reflects a complex intersection of state and federal laws. While cannabis may be legal in certain states, including Florida, it remains illegal under federal law. This legal discrepancy leads to your current dilemma: despite receiving a W-2 and paying federal taxes, your income from... View More

2 Answers | Asked in Tax Law and Business Formation for Florida on
Q: Hello I live in Pinellas County Florida. I'm looking into starting my on business.

I would like my personal taxes and my business taxes to be seperate. Which entity would I create my business as?

James L. Arrasmith
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answered on Mar 8, 2024

If you're aiming to keep your personal and business taxes separate in Pinellas County, Florida, considering the structure of your business entity is crucial. For your goals, forming a corporation (either a C Corporation or an S Corporation) or a Limited Liability Company (LLC) could be... View More

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1 Answer | Asked in Tax Law for Florida on
Q: I'm trying to understand the Florida property tax portability law.

My assessed value is $138,187 and the market value is $420,000 leaving a difference of $281,813. My understanding is that I can reduce the assessed value of the new home for property tax purposes by $281,813. Is that correct? If I am a Florida resident moving from one home in Florida to another is... View More

James L. Arrasmith
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answered on Feb 25, 2024

Yes, your understanding of Florida's portability law for property taxes is generally correct. Here are some key details:

- Florida allows portability of the difference between a homestead property's market value and assessed value when a Florida resident moves from one Florida...
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1 Answer | Asked in Tax Law for Florida on
Q: Can the father of my children control the tax refund money without my right?

I am a stay at home mom and i do not work just so that is known. Recently we just got seperated but he claimed me and our children on the taxes but now that we are not together he wants to control the money and choose how much money he wants to send me. I want half of what the check brings or at... View More

James L. Arrasmith
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answered on Feb 22, 2024

As a stay-at-home mom who is not currently working, you may have concerns about your rights regarding the tax refund money claimed by your children's father. While it's understandable that you want to ensure fair treatment and financial support for yourself and your children, the issue of... View More

2 Answers | Asked in Immigration Law and Tax Law for Florida on
Q: U.S. citizen filing jointly with spouse but my wife doesn't have an SSN at the moment, will that be acceptable?

My spouse does not currently possess a SSN. However, she has been residing in the U.S. since June 2023, and we began living together upon our marriage from in September of the same year. Due to her lack of an SSN, I encountered difficulties when attempting to file electronically.

As a... View More

Carmela Graciela Walrond
Carmela Graciela Walrond
answered on Feb 13, 2024

You can apply for an ITIN for your spouse by filing out a W-7 application. It is best to work with a professional when filing out the W-7 application. If the form is not prepared correctly, you can be rejected and will have to start the process over again. Please do not send your wife's... View More

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3 Answers | Asked in Consumer Law, Real Estate Law and Tax Law for Florida on
Q: can someone ask for federal tax returns in interogatories in a residential florida property tax case where i am trying

to reduce my just property value? if so how do i object? thank you

James L. Arrasmith
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answered on Feb 5, 2024

In a residential property tax dispute in Florida, the opposing party might request various documents during discovery, including federal tax returns, to understand your financial situation or the property's income-generating potential. However, tax returns are considered private and sensitive... View More

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