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Florida Tax Law Questions & Answers
2 Answers | Asked in Immigration Law and Tax Law for Florida on
Q: I’m applying for citizenship in a few weeks but I just realized I’ve been exempt for taxes this whole year.

Will it affect my application?? Will it be rejected?

Kevin D. Slattery
Kevin D. Slattery
answered on Oct 15, 2023

Not having filed a federal income tax return in any particular year is not per se a problem if in fact you can demonstrate that you were under no legal obligation to have filed a tax return. Consider scheduling a consultation with a competent and experienced immigration attorney who may be able to... View More

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2 Answers | Asked in Real Estate Law and Tax Law for Florida on
Q: are interrogatories the same as requests for production? or do they need to be on seperate documents?
T. Augustus Claus
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answered on Oct 10, 2023

In Florida, interrogatories and requests for production are distinct discovery tools. Interrogatories are written questions that require written answers under oath, whereas requests for production ask a party to provide specific documents or tangible evidence. While both are part of the discovery... View More

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1 Answer | Asked in Tax Law and Real Estate Law for Florida on
Q: I paid the back taxes that were delinquent 7 years. The owner died last year. I turned on the power and moved in.

Law enforcement told us we had to leave that the daughter of the owner doesn't want us there. But the property is still of deceased

Rand Scott Lieber
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answered on Oct 5, 2023

When a property owner dies the ownership passes to the heirs. Unless you have a signed document (like a lease) to live in the property then you do not have any legal rights. You might be able to sue to recover the back taxes that you paid on the property but that does not give you an ownership... View More

2 Answers | Asked in Tax Law, Business Formation and Business Law for Florida on
Q: Can a newly formed LLC (sole proprietor - 1 owner) lease equipment from its owner?

The equipment belongs to the owner and was bought with his personal funds to take advantage of using credit to purchase such equipment. Since the LLC is new it doesn’t have any credit to purchase equipment with. The idea would be for the LLC to lease the equipment from its owner, pay monthly... View More

James L. Arrasmith
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answered on Sep 14, 2023

Yes, a newly formed LLC can lease equipment from its owner, who is also the sole proprietor, and structure it as a lease with an option to purchase. However, it's essential to document the arrangement clearly in a formal lease agreement to avoid any potential legal issues down the line.... View More

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1 Answer | Asked in Tax Law for Florida on
Q: if a donation was made to501(c)(3) organizations can said funds then be transferred to a 501(c)(7) to use at free will?

What are the legal ramifications of doing such?

James L. Arrasmith
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answered on Sep 14, 2023

Transferring funds from a 501(c)(3) charitable organization to a 501(c)(7) social club for unrestricted use could potentially raise legal issues. Generally, funds donated to a 501(c)(3) must be used for tax-exempt purposes, and transferring them to a 501(c)(7) for any other purpose may violate IRS... View More

1 Answer | Asked in Tax Law for Florida on
Q: I live in US. Is it fine for my friend from Israel to send me money while I send money to his parents in Russia?

I will be sending money from Russian bank account.

T. Augustus Claus
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answered on Aug 24, 2023

It is generally permissible to send and receive money internationally between friends and family members, regardless of their locations. However, international financial transactions can be subject to various laws and regulations, including those related to money laundering and fraud prevention.... View More

1 Answer | Asked in Tax Law, Business Formation and Business Law for Florida on
Q: When a non-profit organization dissolves, does the IRS-required asset-distribution clause apply to fixed assets, home?

The previous question I asked was intended to apply to Florida not California. The scenario would apply to partial funds from 501(c)3 donors used to purchase a home in Baja California which is Mexico over 25 years ago while the majority was used to purchase from "own" private funds.... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 16, 2023

Yes, when a non-profit corporation is dissolved, the assets covered by the asset-distribution clause applies to real property such as that in Mexico. It's essentially a matter of federal law, so it doesn't much matter whether the non-profit was incorporated in Florida, California, or elsewhere.

1 Answer | Asked in Real Estate Law and Tax Law for Florida on
Q: Keep Florida residency while working in another country for (Canada) 2-3 years?

I'm considering working in Canada for 2-3 years. I would still keep my home in Florida (not rented) including my driver's license, car insurance, bank accounts, brokerage accounts, etc.... all linked to my Florida address. Would I still be legally able to keep Florida as my State of... View More

Jane Kim
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answered on Jul 31, 2023

Why are you asking? For what purpose do you need a FL residence? As a US citizen you must file income tax returns regardless of where you live abroad and for how long. For that reason alone, it is good to maintain a state-side address. You cannot maintain homestead exemption on your FL home because... View More

1 Answer | Asked in Estate Planning, Land Use & Zoning, Real Estate Law and Tax Law for Florida on
Q: Why do we need an Estate Plan?
Anthony M. Avery
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answered on Jul 24, 2023

Call a FL attorney, tell them of your assets, liabilities, and family situation. Ask for advice about what to do, and possibly hire them to draft appropriate instruments.

1 Answer | Asked in Divorce, Family Law and Tax Law for Florida on
Q: During any legal proceeding, does an attorney have a legal obligation to report tax fraud if they identify it as such?
T. Augustus Claus
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answered on Jul 10, 2023

Attorneys are generally not obligated to report tax fraud if they identify it during a legal proceeding. Attorney-client privilege typically protects the confidentiality of information shared between an attorney and their client. However, there may be exceptions to this privilege in cases where the... View More

1 Answer | Asked in Tax Law, Civil Litigation, Civil Rights and Libel & Slander for Florida on
Q: My younger sister has been persistently harassing me for years. She is now threatening to go to tax authorities

Including the IRS. As I pay enormous taxes and she knows this, she is just trying to cause stress and problems. She also interweaves the fact that I’m a Gay man and makes many horrible inferences… there’s a hundred vile messages from her. What can I do. She’s very wealthy and run a large rock show!

Charles M.  Baron
Charles M. Baron
answered on Jul 9, 2023

Your first step is to send her a written demand to cease and desist from all such harassing conduct, describing with some specificity the types of actions that must stop immediately, and stating that otherwise, you will be forced to take legal action. (You can also demand that she cease... View More

2 Answers | Asked in Real Estate Law and Tax Law for Florida on
Q: I am considering selling my free-standing garage that I do not use to a neighbor in my condo group.

Should I hire a real estate attorney or a realtor to handle the sale? Also, would the proceeds be considered taxable income by the IRS?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 30, 2023

If you hire an attorney as has been suggested, one of the things the attorney should look into is whether the garage can be sold separately from the residential unit (which presumably you intend to keep).

The long-term capital gain you realize (difference between what you paid for the...
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2 Answers | Asked in Real Estate Law, Tax Law and Probate for Florida on
Q: Why does my home all of a sudden have to go through probate ? I've been paying Taxes, how can the house not be mine.

My step dad who was married to my mother sold me his house for $100. almost 10 years ago not long before he died. We had the sale Notarized and went to the court house and moved the Deed into my name. Here we are all this time later with me believing I own the home paying Taxes every year as the... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Jun 29, 2023

Florida is very protective of Homestead Rights, especially the rights of a surviving spouse, so generally, without a spouse joining or agreeing, a Homestead cannot be conveyed without agreement/signature/approval of the spouse, since this did not happen, it is likely you will need to revisit a... View More

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1 Answer | Asked in Tax Law for Florida on
Q: I am looking for an attorney to file a property lien in Pasco County.

I loaned a party some money to correct a property tax issue and and am doubting repayment. I do have a promissary note and I want to file a lien on 3 properties in Pasco County to ensure repayment. Can you do this? and I am elderly, housebound on a fixed income.

Tim Akpinar
Tim Akpinar
answered on Jul 18, 2023

A Florida attorney could advise best, but your question remains open for three weeks. It's difficult for attorneys here to offer their services - the format here is quick Q & A. If you search for attorneys to handle this, you could supplement your searches with the tab above (Find a... View More

1 Answer | Asked in Tax Law for Florida on
Q: When hiring a CPA , who is responsibile for knowing the law?

A person hires a CPA to produce an annual accounting, tax return etc. Who is repsonsible for knowing the laws? The client OR the CPA? Should the CPA provide the client with a questionaire PRIOR to completing any services to eliminate missing information that the client may not know would be... View More

Matthew J. Sherman
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answered on May 17, 2023

Both. Yes.

1 Answer | Asked in Tax Law for Florida on
Q: My niece is both an American citizen and German citizen. she was born in the USA and went back to Germany at age of 5.

she has never worked in America and has only worked in Germany. Does she need to file an American tax return?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 26, 2023

Yes, as a U.S. citizen, all of her income, regardless of where it was earned, is subject to United States income tax.

2 Answers | Asked in Tax Law for Florida on
Q: I just bought a house and the property taxes wernt paid when it was in the last owners name… am I now responsible to pay
Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 24, 2023

Yes, you are responsible. But had you done the purchase properly, the seller would have been required to see that the taxes were paid upon closing. You might want to ask the mortgage lender, if there is one, why the taxes weren't taken care of.

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1 Answer | Asked in Real Estate Law and Tax Law for Florida on
Q: I have an LLC owned by my trust. Does it make sense, tax purposes wise, to rent my home to my company?
Phillip William Gunthert
Phillip William Gunthert
answered on Apr 11, 2023

Having an LLC in a Trust is a bad idea for starters, now all the assets in Trust are also exposed to any liability that arises related to the LLC. Also, renting your home to Your LLC is also a terrible idea, now your home and LLC and entire trust are exposed to potential liability and you may have... View More

1 Answer | Asked in Family Law, Real Estate Law and Tax Law for Florida on
Q: Are taxes owed on a house after a quit claim deed is filed if there is no transfer of assets?

I am filing a quit claim deed so that I can relinquish my rights to my home with my future ex wife. Will there be taxes involved?

James Clifton
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James Clifton
answered on Mar 29, 2023

No transfer tax is due on a deed between spouses or former spouses pursuant to a dissolution of marriage when the real property is transferred following the divorce and the property was their marital home or an interest therein at the time of divorce. If you are referring to Federal income tax... View More

1 Answer | Asked in Tax Law for Florida on
Q: Am I liable for a penalty based on disallowed business expenses my accountant told me I was entitled to?

My 2020 return was audited, and the IRS sent me a 30-day letter proposing a substantial underpayment penalty based on disallowed business deductions that my accountant told me I was entitled to. Am I liable for this penalty?

Matthew J. Sherman
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answered on Mar 23, 2023

More facts would be needed to fully answer the question, such as whether the accountant exercised any judgment or performed any analysis regarding the business deductions. Usually, taxpayers are eligible for relief when they rely on actual advice from a tax advisor, i.e. professional judgment or... View More

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