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Georgia Tax Law Questions & Answers
0 Answers | Asked in Tax Law for Georgia on
Q: I deferred compensation when I worked in Tennessee. I moved to Georgia. Do I have to pay state income tax?

My plan is non qualified over five year distribution post employment

0 Answers | Asked in Tax Law for Georgia on
Q: Hello, my son-in-law's employer made a big error on his paycheck. They overpaid him thru direct deposit 13K when

should have been $1300.00. They are saying he now has to pay back $21K (the gross amount), but they didn't deposit the gross only the net. They say he has to pay the taxes on the gross amount. This cannot be right or legal! He has no problem paying back the net of the overpayment, which net... Read more »

2 Answers | Asked in Tax Law for Georgia on
Q: Recently divorced and owe back taxes. I earn small wage but ex makes 10x my salary.

We filed jointly, I’m afraid I’ll lose my house. I can’t see details of any agreements/payments made to IRS on IRS.gov… what are my options ?

Carli Jo Aelker
Carli Jo Aelker
answered on Nov 14, 2022

You should have the IRS mirror your account. This will still hold you jointly liable however your account will be view as individual rather than with your ex spouse. Then you can get into a payment plan based off what you can afford.

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1 Answer | Asked in Tax Law for Georgia on
Q: 1099 Form

I have a question about the tax,

I recently just started working with this company but this company did not ask for my SSN number or address or driver license nothing, all they have is my name

they are paying me with check and they told me to report tax with 1099 form but this... Read more »

Carli Jo Aelker
Carli Jo Aelker
answered on Oct 20, 2022

Not having a 1099 does not mean you can skip reporting the income made. As you likely are aware this is considered self-employment work (if you've made $600 or more) and should be tracked/ reported accordingly. You can do so by filing out a schedule C. Here you will be able to account for the... Read more »

1 Answer | Asked in Tax Law for Georgia on
Q: Can I file 2021 taxes married, but separated if I am separated now?

My husband and I are divorcing. He never filed 2021 taxes. I went ahead and filed those taxes 2 weeks ago. I filed married but separate. My lawyer is not able to give me tax information. I don't know how to proceed. My husband is facing possible criminal prosecution. I separated from him 2... Read more »

Carli Jo Aelker
Carli Jo Aelker
answered on Oct 26, 2022

if you are married you are able to file married, filing separate unless otherwise ordered by the court

1 Answer | Asked in Tax Law and Business Law for Georgia on
Q: Video Editing for Clients in Another State | Tax Question

I currently have a Georgia LLC doing video editing and will be moving to Michigan in a couple of months. Since I will be doing the work in Michigan I assume I would register there, but do I have to register as a foreign entity in Georgia? Will I end up paying tax to both states? How does that work?... Read more »

Glenn M. Lyon
Glenn M. Lyon
answered on Sep 30, 2022

If you begin conducting business in Michigan and don't do do anything else with the company, you will need to register in Michigan as a foreign entity since it is a Georgia entity (regardless of where you reside). Assuming you will not be moving back to Georgia soon, it makes sense to just... Read more »

1 Answer | Asked in Business Law and Tax Law for Georgia on
Q: This is a business tax law question for the state of Georgia.

I just received my first Business Personal Property Tax Return. I am a sole proprietor in my first year of business. My tangible personal property pertaining to my business is worth about $3000. Am I still required by law to submit the Business Personal Property Tax Return?

Glenn M. Lyon
Glenn M. Lyon
answered on Apr 13, 2022

Yes.

1 Answer | Asked in Tax Law, Business Formation and Business Law for Georgia on
Q: Is it correct that my fitness franchise that I am opening in GA will have sales & use tax?

Business is a franchise I have purchased from franchisor. Products are: monthly memberships for personal training service, the occasional apparel sale, beverage sales (bottled water, etc.), and nutritional supplements (sold online). I will have personal trainers who are my employees. I'm... Read more »

Glenn M. Lyon
Glenn M. Lyon
answered on Jan 5, 2022

Yes, for both the services and products.

1 Answer | Asked in Landlord - Tenant and Tax Law for Georgia on
Q: I am in a rent-to-own in Georgia and my landlord has asked me to pay property taxes. How should I handle this?

We are 6 months into the rent-to-own contract and property taxes is not something that was previously mentioned as our responsibility. Additionally, we were only told about it needingnto be paid 4 days before the taxes are due in our respective county.

Paula J. Mcgill
Paula J. Mcgill
answered on Dec 19, 2021

If it is not in the lease, you don't have to pay.

The best way to shut the conversation down is to ask the landlord where in the lease it requires you to pay taxes.

If he can't point to it, tell him, then you don't have to pay it.

1 Answer | Asked in Tax Law for Georgia on
Q: Will the IRS try to collect on a payroll tax debt owed by my husband if I sell the house he and I co-own?

He lost the business many years ago and now is dying from dementia. The IRS has stopped filing liens against him.

Linda Simmons Campbell
Linda Simmons Campbell
answered on Sep 9, 2021

If it has been more than 10 years since the taxes were assessed and he did not do anything to toll (stop) the statute of limitations from running, the debt should be gone. You can go to your town hall and see if there are any tax liens that still have time left on them or, if you have power of... Read more »

1 Answer | Asked in Family Law, Tax Law and Civil Rights for Georgia on
Q: Can my wife be held accountable to pay medical for my kid if I'm unemployed

I'm unemployed, my wife works. Can my wife be charged for benefits that a child received from my prior relationship? We're not under any child support order nor do we have any parental rights to the child. Is it legal for the State of Georgia to put a garnishment on my wife's income?

Homer P Jordan IV
Homer P Jordan IV
answered on Aug 30, 2021

You are still married? Are you going through a divorce? We need more information regarding the situation in order to be able to provide you with guidance.

1 Answer | Asked in Real Estate Law and Tax Law for Georgia on
Q: When did this situation start I bought property last year and as a buyer I didn't get anything like this.
Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Jul 21, 2021

Your question makes no sense. Try again and provide actual information regarding your situation.

1 Answer | Asked in Real Estate Law and Tax Law for Georgia on
Q: My dad passed had a living estate for land mom left to me in will how do I get deed now

Oldest sister or younger brother states in the will are executors can one of them do it

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Jun 7, 2021

It may be as simple as that ---- or not. To be sure of what is needed, meet with a local probate attorney to make sure you get it done right.

1 Answer | Asked in Real Estate Law and Tax Law for Georgia on
Q: My mom died and left siblings property 28 years ago she gave my dad living estate rights till he died how do we get deed

Mom left will was probated dad living estate and he rented trailers to people on land olde sister or younger brother executors make decisions can my oldest sister just deed the property to siblings

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Jun 7, 2021

It may be as simple as that ---- or not. To be sure of what is needed, meet with a local probate attorney to make sure you get it done right.

1 Answer | Asked in Probate and Tax Law for Georgia on
Q: I have a litigation question. Almost three decades ago, my father lost everything he owned and didn't own due to unknown

reasons to this day; including an inheritance worth millions of dollars. Therefore, he owed the IRS a numerous amount of money. He ended up in the hospital and was treated for a financial breakdown. Moving forward, a few years later, he and my brother (who was only 18 years old at the time) started... Read more »

Michael D. Birchmore
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Michael D. Birchmore
answered on Apr 27, 2021

I hope that my colleagues who practice probate law will also answer your question as probate law is not my practice area of law. That said, however, not much in your description of facts makes sense when even basic legal principles are applied. I am not sure how taxes are avoided simply because... Read more »

1 Answer | Asked in Child Custody, Gov & Administrative Law and Tax Law for Georgia on
Q: The December 2020 stimulus checks, Will the state of Georgia garnish those relief funds due to child support arrears?

If those funds are intended for the relief of the financial burdens of the American populus, incurred due to COVID-19. If the state plans to cannibalize those funds, How is this "help" going to due anymore than the last so called "help" for those who we're struggling Pre-COVID?

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Dec 29, 2020

Yes, the state will take the funds and give them to the custodial parent for child support arrears. The state isn't cannibalizing the funds. The money is owed for child support that should have been paid previously, so that is where the money is going - to help the child.

1 Answer | Asked in Tax Law for Georgia on
Q: Do I have to pay federal or state tax on vaccine injury compensation? I was awarded some money in settlement from HHS.
Steven J. Fromm
Steven J. Fromm
answered on Nov 18, 2020

Payments for personal injury are not taxable income. You must have a tax attorney look closely at the wording of the award to see if it meets this definition and case law on this particular recovery.

2 Answers | Asked in Tax Law and Wrongful Death for Georgia on
Q: Do I have to pay taxes on funds received from my mother's personal injury cases case. She died as a result.

The defendant payed a settlement to my mother's estate. The settlement states "No Releasee has ever admitted, and but rather each specifically denies, any allegation of wrongdoing. " The case was against a nursing home.

Eric  Day
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Eric Day
answered on Aug 17, 2020

If the settlement is for pain and suffering, then the payment of that settlement is non-taxable. The only issue you would have as far as taxability of the funds that were then distributed to you through the estate would be if the distribution exceeded the exemption amount on the gift tax of 11.5... Read more »

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1 Answer | Asked in Tax Law for Georgia on
Q: My husband always take our tax return and don't give me any is there a way that I can get my part sent to me separately?

My husband is very controlling especially when it comes to money and he never share the income tax return

Eric  Day
PREMIUM
Eric Day
answered on Jul 28, 2020

Typically, the best way to separate the refunds attributed to your income from his income is to file a Married Filing Separate tax return. However, this usually affects the amount of refund you get overall because you miss out on some credits and deductions that you would otherwise qualify for... Read more »

1 Answer | Asked in Business Law, Real Estate Law, Tax Law and Landlord - Tenant for Georgia on
Q: Can I transfer a primary residence to my LLC and rent my house from myself, to pay R&M and Capital expenses through LLC?

I own a home in Alpharetta, GA, I believe transferring ownership from myself to an LLC I own would allow the LLC to expense mortgage payments and Repairs & Maintenance costs as a cost of maintaining the property for tenants. I also believe the LLC could capitalize costs related to capital... Read more »

D. Mathew Blackburn
D. Mathew Blackburn
answered on May 18, 2020

Yes you technically can, but it doesn't work. You end up netting if it works out well and you have to defend it in an audit. It always ends up being net taxable when the IRS recalculates the FMV of the rental.

Once you run all the numbers it's comes out that you create tax out of...
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