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Florida Tax Law Questions & Answers
1 Answer | Asked in Tax 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, Tax Law and Workers' Compensation 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: Can a Non-Profit organization have the President's Sister and Nephew sit on the board of directors and achieve Quorum?

I would like to know if a non-profit organization is compliant with IRS requirements for a 501(c)(3), if the board of directors is comprised of the

President, their sister, and their nephew in order to achieve quorum and be in compliance with 501(c)(3) regulations. Assume a scenario where... View More

James L. Arrasmith
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answered on Apr 15, 2024

Having a non-profit organization's board of directors comprised of the President, their sister, and their nephew raises concerns about private inurement and conflict of interest, which could jeopardize the organization's 501(c)(3) status.

Scenario 1: No compensation for board...
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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
James L. Arrasmith
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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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3 Answers | Asked in Consumer Law, Real Estate Law and Tax Law for Florida on
Q: where can I find collier county florida local court rules. i had a lawyer by pass a hearing by emailing the judge

directly. the judge ruled in favor of their motion to compel discovery before i could even respond. i thought all florida courts allowed for 14 days to repond?

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 5, 2024

There is no 14 day rule to respond to motions.

Judges are not required to have hearings on matters in which they see no reason to have a hearing; this is especially true on discovery matters when the responding party doesn't object to the discovery within the 30 days and doesn't...
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2 Answers | Asked in Contracts, Real Estate Law, Tax Law, Municipal Law and Civil Litigation for Florida on
Q: how many days do i have to answer a motion to compel discovery or any other motions? is there a statute or rule?

in florida collier county civil?

James L. Arrasmith
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answered on Feb 4, 2024

In Florida, the time you have to respond to a motion to compel discovery or other motions generally depends on the specific rules of the court in which the motion was filed. However, as a general guideline, you typically have 20 days to respond to a motion in Florida's state courts. This... View More

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2 Answers | Asked in Tax Law for Florida on
Q: We have $31,000 debt cancelled from credit cards, do we have to file it all as income and pay taxes on it in 2023.
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answered on Feb 4, 2024

If you had $31,000 of credit card debt cancelled, generally, this cancelled debt is considered taxable income by the IRS and must be reported on your tax return for the year in which the cancellation occurred. Creditors typically issue a Form 1099-C, Cancellation of Debt, which details the amount... View More

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1 Answer | Asked in Tax Law for Florida on
Q: If I just have a 1095 with no dependents or W-2s how do I file the 1095
James L. Arrasmith
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answered on Jan 28, 2024

If you have received a 1095 form but do not have any other tax documents like a W-2 or dependents, filing your taxes with just the 1095 is fairly straightforward:

1. Identify which type of 1095 form you have - there's the 1095-A for health insurance through the Marketplace, 1095-B for...
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1 Answer | Asked in Tax Law for Florida on
Q: Can I claim 1099c (received for 2023 taxes) as main home since it was main home in 2014 and amount is from 2014?

In 2014 my ex-husband and I had a mobile home (that was in both names) repossessed off of property that we jointly owned. Just received 1/21/2024 a 1099c for the amount of the mobile home to be filed for 2023 taxes. This was our main home at the time, before divorce, and repossession in... View More

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answered on Jan 23, 2024

Yes, you can still treat the 1099-C debt cancellation for the mobile home in 2014 as exempt from tax under the main home exclusion, even though it is just now being reported on a 2023 1099-C. Here is why:

1) The 1099-C relates to cancellation of debt that occurred in 2014, which is when the...
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2 Answers | Asked in Tax Law, Business Formation and Business Law for Florida on
Q: I have a florida partnership llc for Etsy which makes 2-3k a year. I never drew a salary. Do I need to pay any taxes?

The money is saved in llc checking account and never used unless it’s for business expense like buying materials. Both me and my husband don’t draw salary. Do we still need to file any tax forms or pay taxes on it?

William T. Harmon
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answered on Jan 14, 2024

If the partnership has reported income( falls within the Income definition within IRC), it should be reported on the annual 1065 partnership return. Based on the partnership income/expense allocation agreement, that amount will be reported on an individual K1, which will then be reported on your... View More

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2 Answers | Asked in Bankruptcy and Tax Law for Florida on
Q: What are the rules for filing a tax return after ch. 7 bankruptcy has been discharged?

My ch. 7 was discharged in January of 2024 and I’ve never been indebted to the IRS. I am an unemployed disabled veteran and I had no income for year 2023. I just found out that, despite being unemployed, veterans in my situation may file a tax return in order to potentially receive some portion... View More

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answered on Jan 13, 2024

Since your Chapter 7 bankruptcy was discharged in January 2024, you are no longer under the jurisdiction of the bankruptcy court, and your financial situation is separate from the bankruptcy proceedings. Filing a tax return, even if you had no income in 2023, is generally a responsible and... View More

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1 Answer | Asked in Bankruptcy and Tax Law for Florida on
Q: My ch 7 bankruptcy was discharged. Can my ex-husband include our sons in his tax return to claim the Child Tax Credit?

My ch 7 bankruptcy in Florida was discharged in January 2024. I have never been indebted to the IRS and neither has my ex-husband. My ex-husband has never filed for bankruptcy and we had no debt in common upon my ch. 7 filing; it did not affect him in any way. I am unemployed and a disabled... View More

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answered on Jan 12, 2024

Your Chapter 7 bankruptcy discharge in Florida should not impact your ex-husband's ability to claim your sons for the Child Tax Credit on his tax return. Bankruptcy proceedings typically address your debts and assets, not child-related tax benefits that may be claimed by your ex-spouse.... View More

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