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Georgia Tax Law Questions & Answers
1 Answer | Asked in Real Estate Law, Tax Law, Collections, Federal Crimes and Municipal Law for Georgia on
Q: So the city has annexed a distillery that is on a county road which should be out side city limits but they say they

Have the highway county does not allow sales outside Gilmer -city of ellijay - very weird but we are wanting to move in the area with our property but they put up signs and looks horrible

James L. Arrasmith
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answered on Dec 25, 2023

In your situation, where a city has annexed property that includes a distillery on a county road, there are a few steps you can take to address your concerns. First, it's important to understand the specifics of the annexation process. Typically, a city can annex adjacent areas through legal... View More

1 Answer | Asked in Tax Law for Georgia on
Q: Am I eligible to use tax write off section 179, purchasing 2005 hummer for airbnb business registered sole proprieter

weighs over 6000 lbs

James L. Arrasmith
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answered on Nov 9, 2023

Section 179 of the Internal Revenue Code allows businesses to deduct the full purchase price of qualifying equipment or vehicles used for business purposes. To be eligible, the vehicle, such as your 2005 Hummer, must be used for business purposes more than 50% of the time.

Given that your...
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1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation and Tax Law for Georgia on
Q: Is there a U S Code similar to O.C.G.A. 24-4-23 (2010) 24-4-23. Presumption from failure to answer business letter?

I don't write letters often to Federal Agencies, however, wen I do, they almost always go unanswered for several months, or several years or in most cases - never. Just trying to get a feel for a viable defense if they come back one day down the road. Thanks.

Michael W. Horst
Michael W. Horst
answered on Nov 1, 2023

No. The Federal Rules of Evidence do not have a statute similar to O.C.G.A. 24-4-23. The closest would be FRE 301 but that would not likely help you in your specific circumstances.

1 Answer | Asked in Divorce, Tax Law, Domestic Violence and Family Law for Georgia on
Q: There is a 7yr lien on house and it's going for auction in Nov will that hold up the sale of the house during a divorce

I was mentally, physically and emotionally abused and cheated on from the start by my husband so I had him locked up for family violence he got out the rearrested for aggravated stalking.I have screenshots of proof but no lawyer and property taxes are behind last year and gonna be due this year and... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 6, 2023

You should consult an attorney directly. You have multiple issues that you need to discuss with someone and I don't think anyone can properly address those through this board. Further, if you currently have a divorce proceeding pending, it is important that you obtain an attorney, especially... View More

1 Answer | Asked in Tax Law for Georgia on
Q: How long will my family have to wait, before a family is paid overage from the sell of a tax sale on their house?

We filed our claim papers 07-25-2022 have not heard from anyone since.

James L. Arrasmith
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answered on Sep 14, 2023

In Georgia, the timeline for receiving proceeds from the sale of a tax-foreclosed property can vary depending on the specific county's procedures and the complexity of the case. It's not uncommon for the process to take several months. If you filed your claim papers in July 2022 and... View More

2 Answers | Asked in Bankruptcy, Business Law, Contracts and Tax Law for Georgia on
Q: I own a condo in a business name and my business partner is considering filing bankruptcy, would we need to sell condo?

So that I am not impacted, would we need to sell the asset in order to not have it taken in a bankruptcy? Are there any other impacts to me if my business partner goes through with this?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 8, 2023

Yes, there are "impacts" that concern you (I currently represent a debtor in a Ch. 7 who has been a general partner in a small business construction company which has had a non-bankrupt general partner as well).

A general partner is personally liable for the debts of a...
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1 Answer | Asked in Tax Law for Georgia on
Q: Can a state garnish wages 16yrs later for an ex income tax that was not paid then? We filed joint at time but his debt

I live in GA now, I just had a wage garnishment come up on my paystub & when inquired about this was told it was from RI. Called them & it’s from 2008 when I was married and husband at time filed our taxes jointly. I made less then 10k that year & he owed. So It’s his debt but... View More

James L. Arrasmith
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answered on Sep 14, 2023

The ability of a state to garnish wages for past income tax debt, even after several years, depends on the statutes of limitations in that state. In some states, there is no statute of limitations for collecting unpaid taxes. However, it's crucial to verify the validity of the debt and explore... View More

3 Answers | Asked in Divorce, Tax Law and Family Law for Georgia on
Q: In my divorce from my abusive husband I was ordered to sell my land and split the money. He has paid no taxes in 6 years

No cooperation with real estate agents from him… I have no problem selling to be done with him but he will not cooperate and sell… I cannot sell anything with both of our names on it without his signature. What do I do? What do you do when one party will not cooperate with a court order? It is... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 19, 2023

Unfortunately, you should have determined the issue of unpaid taxes during discovery, in your divorce. Finding that out after the divorce is final, leaves you out of options of how to handle it. Because now that the divorce is final, you can't ask the Court for an order for him to pay any of... View More

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1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Georgia on
Q: Giving half ownership to in-law. They are living in half of house we are in the other half. We want some additional term

We want additional terms for inheritance for kids. Also how to make everything legal and pay any taxes.

Anthony M. Avery
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answered on May 9, 2023

That will be a Future Interests Deed, which requires a very competent GA attorney to draft an enforceable conveyance. It could also be accomplished through a Trust with Future Interest terms. It will be important to declare who will take the property if the conditions are breached. You will... View More

1 Answer | Asked in Foreclosure, Real Estate Law, Tax Law and Land Use & Zoning for Georgia on
Q: Do you have a certain amount of time to buy back or reimburse someone after they bought property

At auction due to a death and the property to be considered unclaimed

Jennifer Pierce
Jennifer Pierce
answered on May 9, 2023

Your question is not clear as to the type of auction involved. There is no right of redemption after a foreclosure sale in Georgia. If this was a tax sale, redemption can occur until such time as the tax sale purchaser forecloses the right to redeem, which cannot occur until one year after the... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Georgia on
Q: Mother is 92, assisted living, signed life estate deed, Can we sell prop while she lives for her benefit?

Deed was signed against my desire. Brother and I are remaindermen. we have 3 other siblings. so i want to divide the remainder 5 ways, not 2.but first use for mothers care. Next, we will have to sort thru tax consequences.

James Clifton
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James Clifton
answered on Apr 12, 2023

Yes, you can sell the property, but she will have to join in the signing as her life estate as well as your remainder interests have to be transferred to the purchaser. If she is mentally unable to sign, then hopefully someone has a durable financial power of attorney for her so they can sign on... View More

1 Answer | Asked in Tax Law for Georgia on
Q: My wife is an employee at a preschool & received a Georgia DECAL supplemental payment for early learning professionals..

This was reported on a 1099-MISC, causing TurboTax to make her a small business owner. She is an employee of the pre-school, not an independent contractor. How do we report this income without starting a non-existent business?

N'kia (NLN)
N'kia (NLN)
answered on Apr 13, 2023

There are different types of 1099s, which are used to report various different types of payments. Although independent contractors typically receive 1099s, receiving a 1099 doesn't automatically make a person an independent contractor. Your wife should consider speaking with a knowledgeable... View More

1 Answer | Asked in Tax Law for Georgia on
Q: If a person owes personal State or Federal Income taxes in Georgia can there LLC Business checking acct be garnished?

Can the IRS or Ga Dept Revenue garnish LLC Business checking account for personal tax debt owed?

James L. Arrasmith
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answered on Mar 4, 2023

If a person owes personal state or federal income taxes in Georgia, their LLC's business checking account may be subject to garnishment or levy by the Georgia Department of Revenue or the IRS, depending on the circumstances.

Generally, the LLC's bank account can be subject to levy...
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1 Answer | Asked in Tax Law for Georgia on
Q: I have both a W2 & 1099 from same employer. What kind of deductions can I take on the 1099?

I'm a physician & my W2 is for 40hr/wk. My 1099 is for weekends, depositions, medical narratives, misc.

James L. Arrasmith
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answered on Mar 4, 2023

As an independent contractor receiving a 1099, you may be able to deduct certain expenses related to your work from your income. These deductions can help lower your tax liability and reduce your taxable income.

Some common deductions that may be available to independent contractors...
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1 Answer | Asked in Tax Law for Georgia on
Q: I reside & work in Georgia but also have a home in Tampa Florida. How can I obtain homestead exemption for my Fl home?
James L. Arrasmith
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answered on Mar 4, 2023

To obtain homestead exemption for your Florida home, you will need to meet the following requirements:

You must be a permanent resident of Florida, meaning that you live in the state for at least 183 days per year.

You must own the property as your primary residence, meaning that it...
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1 Answer | Asked in Tax Law for Georgia on
Q: What happens if my ex claims my child on their taxes when they haven't supported him all year?
James L. Arrasmith
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answered on Mar 4, 2023

If your ex claims your child on their taxes when they haven't supported him all year, they may be committing tax fraud. The IRS has rules about who can claim a child as a dependent for tax purposes, and the primary requirement is that the person claiming the child must have provided more than... View 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... View 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... View 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... View 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?... View 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... View More

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