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Georgia Tax Law Questions & Answers
0 Answers | Asked in Probate, Real Estate Law and Tax Law for Georgia on
Q: Can a sibling buy an inherited home at tax sale and be sole owner in Georgia?

I am one of five siblings who inherited a home in an estate. The house is up for a tax sale next week. One sibling was named to handle the estate, and all siblings have been notified about the sale. One of my siblings currently lives in the home but refuses to pay the agreed-upon taxes. The sibling... View More

0 Answers | Asked in Health Care Law and Tax Law for Georgia on
Q: Seeking guidance on LTD lump sum settlement offer and tax implications.

I have been receiving long-term disability payments since January 2018, which offset my normal income. Recently, I received a lump sum settlement offer of $53,000; however, the letter I received states that the value of my claim is $86,000. Although I haven’t yet responded, I was told I could... View More

1 Answer | Asked in Tax Law and Real Estate Law for Georgia on
Q: Steps to maintain Florida homestead exemption if living in Georgia?

I received a letter from the Santa Rosa Tax Collector's Office in Florida regarding an update on my homestead exemption status for my house, which I have owned and claimed homestead exemption for since 2000. Currently, I live in Georgia, having moved to help my sister, but I'm unsure when... View More

James L. Arrasmith
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answered on Apr 16, 2025

To maintain the homestead exemption on your Florida property, you must demonstrate that it remains your permanent and primary residence, even while you are temporarily in Georgia. Florida law requires that the property be the owner’s permanent residence as of January 1 of the tax year in... View More

1 Answer | Asked in Tax Law for Georgia on
Q: Do I report and pay taxes on a 1099-C for credit card debt in GA?

I received a 1099-C in November 2024 for a discharged credit card debt. Do I need to report the entire amount on my 2024 tax return, and pay taxes on it, even without having declared bankruptcy or insolvency? I have not consulted with a tax advisor.

James L. Arrasmith
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answered on Apr 12, 2025

Receiving a 1099-C for discharged credit card debt means the creditor has forgiven the debt, and the IRS generally treats forgiven debt as taxable income. This means you may need to report the entire amount shown on the 1099-C on your 2024 tax return. The IRS views forgiven debt as income because,... View More

1 Answer | Asked in Tax Law, Gov & Administrative Law and Civil Litigation for Georgia on
Q: Is the blanket site improvement assessment by tax assessors legal in Georgia?

I discovered that the tax assessor in my county added a "blanket" site improvement value of $5,000 to every property with a home and $4,000 for commercial properties. This was apparently approved in 2022 and implemented in 2024. I have requested a hearing with the Board of Equalization to... View More

James L. Arrasmith
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answered on Apr 12, 2025

In Georgia, county tax assessors are required by law to assess properties at fair market value and must base those assessments on individual characteristics of each property. A "blanket" assessment—where a fixed value is added uniformly across all properties regardless of actual... View More

1 Answer | Asked in Business Law and Tax Law for Georgia on
Q: Is it legal to barter home painting services in Georgia?

I am considering bartering my home interior painting services with individuals in Georgia. I have not engaged in barter exchanges before and am specifically concerned about the legality of such an exchange. Is it legal for me to do so?

James L. Arrasmith
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answered on Apr 12, 2025

Yes, bartering your home interior painting services in Georgia is legal. Bartering, or exchanging goods or services without using money, is recognized as a legitimate form of trade in the United States, including Georgia. However, it's important to understand that the IRS considers the fair... View More

1 Answer | Asked in Child Support, Public Benefits and Tax Law for Georgia on
Q: How to direct federal tax offset payments via the Dave Our Children Project?

I already have a child support order in place. How can I get federal tax offset payments or IV-D case payments directed through the Dave Our Children Project? I've had difficulties redirecting these payments.

James L. Arrasmith
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answered on Apr 12, 2025

In Georgia, federal tax refund offsets for child support arrears are managed through the Division of Child Support Services (DCSS) under the Federal Tax Offset Program. This program intercepts federal payments, such as tax refunds, from noncustodial parents who owe past-due child support. The... View More

1 Answer | Asked in Estate Planning and Tax Law for Georgia on
Q: Do I need to file tax form 1041 for irrevocable minor trust with no current income or disbursements?

I have an irrevocable minor trust set up for my daughter that is held until she turns 18. The trust had some interest income the first year but none since, as it's now in an interest-free account. There have been no disbursements. Do I still need to file tax form 1041 every year?

Jake  Slowik
Jake Slowik
answered on Mar 2, 2025

You will want to consult a tax professional to confirm specific trust filing rules. Generally, a Form 1041 (U.S. Income Tax Return for Estates and Trusts) is required for a trust if it has gross income of $600 or more in a tax year or if it has any taxable income (even if under $600). Since... View More

1 Answer | Asked in Foreclosure, Real Estate Law and Tax Law for Georgia on
Q: Can I seek excess auction funds for a tax lien in GA?

I purchased a property at a Sheriff's foreclosure auction in Georgia on February 4, 2025, for $701,000. The auction starting bid was $107,000, indicating there were several hundred thousand dollars in excess funds. There were no other liens on the property, but I have to pay a $55,000 tax lien... View More

James Clifton
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James Clifton
answered on Feb 18, 2025

Only the owner and lien holders can file a claim for surplus funds from a foreclosure auction. A bidder at the foreclosure auction cannot claim surplus funds.

1 Answer | Asked in Immigration Law and Tax Law for Georgia on
Q: Is there anything that stops a person from receiving hgtv dream Home sweepstakes prize on f1visa?
James L. Arrasmith
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answered on Feb 15, 2025

Being on an F1 visa could potentially affect your eligibility for the HGTV Dream Home Sweepstakes. The official rules typically require winners to be legal U.S. residents, and F1 visa holders are considered non-immigrant temporary residents.

The tax implications are another important...
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1 Answer | Asked in Tax Law for Georgia on
Q: If I bury a family pet in the back yard in the state of Ga, will that property become exempt from paying property tax?
James L. Arrasmith
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answered on Feb 8, 2025

Burying a family pet in your backyard in Georgia does not exempt your property from paying property taxes. Property tax exemptions are typically based on factors like homestead exemptions, age, disability, or certain land use classifications such as agricultural or conservation use. The presence of... View More

1 Answer | Asked in Tax Law for Georgia on
Q: In Liberty County Ga the current tax commissioner hired his own sister. She was put into the property deputy 45-10-80.

Curious to know if this is against Ga Code of ethics.

James L. Arrasmith
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answered on Jan 28, 2025

In Georgia, the employment of a family member in a public office, such as a tax commissioner's office, can raise questions under the state’s nepotism and ethics laws. The relevant statute, O.C.G.A. § 45-10-80, generally addresses conflicts of interest in public employment. It restricts... View More

2 Answers | Asked in Business Formation, Business Law and Tax Law for Georgia on
Q: what is the most cost effective way to structure multiple businesses?

I have 1 llc and I would like to start 2 more businesses. Should I use a dba or create the 2 new businesses under the one llc? or keep them all separate entities?

Morgan Theodore
Morgan Theodore
answered on Jan 21, 2025

It depends on whether the businesses are related to one another. It generally makes the most sense to form separate businesses. Each business will have liability protection so long as you keep them separate from one another and will insulate you from personal Liability. If they are indeed... View More

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1 Answer | Asked in Estate Planning, Probate, Real Estate Law and Tax Law for Georgia on
Q: The " No Administration Required Agreement" is meant for small estates. What info must be included as supporting docs?

It seems the law is purposely vague. Surely it is not acceptable to just accept The Executor's word that he will report the numbers honestly and not just use the other heirs' ignorance of the true value of the estate to undervalue the estate? Would it not be required of The Executor to... View More

James L. Arrasmith
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answered on Jan 28, 2025

When dealing with a "No Administration Required Agreement" for small estates, transparency is critical to ensure all heirs feel confident in the process. Supporting documentation typically includes a detailed inventory of the estate's assets. This may include bank statements, account... View More

1 Answer | Asked in Tax Law for Georgia on
Q: I have to register in the state of Georgia to collect taxes and need the certificate. Can I use a virtual address?
James L. Arrasmith
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answered on Jan 28, 2025

When registering to collect taxes in Georgia, the state typically requires a physical address for your business. Virtual addresses may not meet the state’s requirements, as they often ask for a location where your business operates or keeps records. This ensures that the address is tied to a... View More

2 Answers | Asked in Tax Law and Real Estate Law for Georgia on
Q: Is the land office allowed to sell property for taxes owed without a deed?

Also can the land office tax you for a house on open property and change status of farm to residence without your approval?

James Clifton
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James Clifton
answered on Dec 23, 2024

Yes, the tax commissioner can sell the property for past due taxes. If the sale has occurred, you still may be able to redeem the property by paying the past due amount plus interest, fees, etc. You may also be able to recover money from the tax sale. If a house was built on the property, the... View More

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2 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for Georgia on
Q: How can I get a full copy of all parameters of GA Code § 44-6-84 - Life estates in a printable format?

Real estate attorney established a full life estate with a single statement in a sales contract for my home. It has been a nightmare for 5 years, and it must be resolved.

Anthony M. Avery
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answered on Dec 20, 2024

Not sure what a full LE is. Nor why you would worry about it being in a contract. What counts is what estate is conveyed in the DEED. Have you read the Deed? You need to hire a GA attorney to at least explain the Deed to you, and possibly search the title. Then he might advise to any... View More

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2 Answers | Asked in Estate Planning, Immigration Law and Tax Law for Georgia on
Q: How can undocumented immigrants go about protecting their assets in the US in the case that they are deported?

In the case that an undocumented immigrant is deported but they have assets in the states such as real estate, bank accounts, vehicles, etc. what actions can be taken to protect those assets?

Anthony M. Avery
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answered on Dec 17, 2024

They may want to sell the properties now and deposit the proceeds in offshore bank accounts. The immediate tax consequences will be significant, but better than losing property that you cannot come back to. Setting up a trust will require some very good trustees, but you will not be able to do... View More

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1 Answer | Asked in Tax Law for Georgia on
Q: I received a lien notice in April of this year for 2015 back taxes, but my IRS transcript- $0 balance, written off 2018.

As part of our divorce settlement, my ex was to pay her share of 2015 back taxes. We don't speak anymore but from what I can tell from my 2015 transcript was that she started and stopped her plan once or twice until 2018 when it was written off and the balance was set to zero - there are no... View More

W. Calvin Bomar
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W. Calvin Bomar
answered on Dec 9, 2024

I would want to look at the lien notice, but if it went to $0 on IRS records prior to the notice normally I would expect that you probably received a scam notice that is not actually from IRS. Feel free to email it to me for review. No, an IRS lien cannot exist without an underlying tax debt.... View More

2 Answers | Asked in Estate Planning, Intellectual Property, Tax Law and Probate for Georgia on
Q: What does it mean when a property in Bartow county ga goes from the estate to the estate and then attn so and so????

My grandfather's property on his land tax accessor online went from owner: state of so and so then to owner: estate of so and so with ATTN so and so rite under it..... What does that mean???

Anthony M. Avery
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answered on Nov 6, 2024

That is the tax assessor's on line chain of title, which may or may not be correct or complete. Hire a GA attorney to search the title and explain to you the title.

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