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Florida Tax Law Questions & Answers
1 Answer | Asked in Tax Law and Elder Law for Florida on
Q: Does Florida have a law concerning Homestead that if you are a divorced widow you cannot claim this exemption?

I was married for 24 years and worked so my husband was able to go to school and get his doctorate degree. After which he divorced me a few years later. He then passed four years later. It is my understanding that I am a widow according to US law. But I was told when I applied for widow exemption... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Jan 24, 2025

If you were divorced before his death, you are not deemed a widow. I am sorry to report that if you do not meet the below, you do not qualify.

You must have been married to the deceased at the time of his/her death. If you were divorced prior to the death, you are considered an ex-spouse,...
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1 Answer | Asked in Real Estate Law, Tax Law, Banking and Probate for Florida on
Q: FL judge determined I am heir to my dad's estate.Exempt from FL taxes.I live in MN.When I sell his house do I pay tax?

Am also wondering when I sell his house & car, do the funds go into estate account? Or because judge put everything into my name personally, & not "the estate of XYZ", does that mean funds go into my personal bank account. Am so confused, as am so used estate stuff being kept... View More

Marc J. Soss
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Marc J. Soss
answered on Jan 22, 2025

The house needs to be valued at its date of death value. If you sell the house for more than that amount you would be subject to taxes. But only if the net sales price is more than the appraised value.

If the Judge put everything in your name then nothing needs to go into an estate account.

3 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Tax Law for Florida on
Q: in florida can a notice of deposition duces tecum be done by an attorney to make me bring records and documents

if i want to serve the other party do i just notice them throught their attorney and does it need to say subpoena anywhere in the notice? i was looking for a template

Anwar Elias Hadeed
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Anwar Elias Hadeed
answered on Jan 24, 2025

In Florida, an attorney can issue a Notice of Deposition Duces Tecum to require you to bring specific records to a deposition. If you're serving the other party, you send the notice to their attorney—no need to use the word "subpoena" for parties to the case. However, if you’re... View More

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1 Answer | Asked in International Law and Tax Law for Florida on
Q: Is it possible for f1 visa student to trade stocks or forex in US ? If so what are the regulations?
James L. Arrasmith
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answered on Jan 12, 2025

Yes, as an F1 visa student, you can trade stocks and engage in forex trading in the US. These activities are considered personal investments, which are generally allowed under your visa status. However, it's important to ensure that trading does not become a source of income that could be... View More

4 Answers | Asked in Family Law, Tax Law, Business Law and Child Support for Florida on
Q: If the father of a child has his own small business (LLC), does his monthly business expenses count toward his income?

Or does a certain percentage count? He pays himself very little and writes off everything thought the company such as car, insurance, phone, etc including our dinners when we used to go out. Is there a Florida law regarding this?

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 3, 2025

Your question is a little complicated but the short answer is yes, anything that reduces his normal living expenses counts as income, regardless of whether he writes it off as a business expense. Speak with a local family lawyer for more specific advice.

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2 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for Florida on
Q: The house and property I have lived in for15 years has 3 years delinquent taxes. It's in my dad's name and he paid taxes

Never asked me to pay taxes. He is now in assisted living and doesn't have access to bank accounts. The property is going to be sold on Jan. 13, 2025,unless the taxes are paid. Just found this out.

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Jan 2, 2025

It is important that the taxes be paid before the date of the tax sale. Check the tax collector's website to see all the instructions for paying the taxes so close to a tax sale deadline. Anyone can pay the taxes, so it is okay for you to be the one to pay them. Typically, where there is... View More

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1 Answer | Asked in Tax Law for Florida on
Q: If I win an item from gambling and sell the item then lose the money from the sale to more gambling will I owe taxes

Sale was 2300, had other sales around 750 that I also lost the money to gambling after the sale

James L. Arrasmith
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answered on Jan 10, 2025

Gambling winnings, including items won through gambling, are generally taxable income that should be reported to the IRS in the year you received them. The fair market value of the item when you won it would be considered your gambling income.

When you sold the item for $2,300, this created...
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1 Answer | Asked in Tax Law and Agricultural Law for Florida on
Q: Tax rate on 614000.00illinois farm sale from florida resident
Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 22, 2024

If I correctly understand what you are asking, you want to know the taxes applicable to the sale of property in Illinois. You would have to ask the authorities in the area of Illinois where the farm is located. For federal income tax (capital gains), of any, that would depend upon your specific... 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
James L. Arrasmith
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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

James L. Arrasmith
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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

James L. Arrasmith
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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

James L. Arrasmith
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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

James L. Arrasmith
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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

James L. Arrasmith
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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

James L. Arrasmith
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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

James L. Arrasmith
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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

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