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Georgia Tax Law Questions & Answers
2 Answers | Asked in Tax Law for Georgia on
Q: My father started a sole proprietorship, can I manage his income and expenses in a bank account that is in my name?

Will that effect my taxes at the end of the year?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 10, 2019

There is no way anyone can tell you what the IRS might or might not do; but I will advise you not to comingle your own personal funds with your dad's business funds--unless you like tax problems.

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1 Answer | Asked in Tax Law for Georgia on
Q: Is an allowance made to allow traveling in excess of speed limit (SL) to safely pass another driver going below the SL?

Posted SL 55, Truck ahead 50-54 mph for 10 miles. Good spot to pass but not if you dawdle. Many states allow 5-10 MPH over SL to avoid forcing a driver to go for multiple miles in left lane to pass. No one forces you to pass if allowed it should be done in the safest manner possible.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 7, 2019

You are asking a question that is impossible to answer--other to say that most state laws do not post speed limits in ranges-- like 55 to 65 or 65-75, etc.

1 Answer | Asked in Tax Law for Georgia on
Q: Is it true in South Carolina if you pay the property taxes on an estate for 7 years that the property becomes yours?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 24, 2019

Unless South Carolina is still operating in the dark ages the answer is no.

In most modern states payment of property taxes entitles the person paying the taxes to apply for a "tax deed" which becomes a lien on the property. The property cannot be sold unless someone satisfies...
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1 Answer | Asked in Consumer Law, Employment Law, Tax Law and Business Law for Georgia on
Q: Registration fees are given to IC. Event changes location & time, IC resigns, does money go to new IC or registers.

Am an IC for a large company. One of my jobs is to collect registration fees. The place where the event is meeting and the date has changed due to some legal issues. I am terminated my contract with the company. The people who have paid the registration fees want their money back, and I would like... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 10, 2019

This is simple: If the checks were payable to you personally you can do (just about) whatever you want with them; and my advice on that point is to return the checks to whoever gave them to you, and document it very well.

1 Answer | Asked in Tax Law for Georgia on
Q: Re GA Code 48-5-7.4 Bona Fide Conservation Use Property . We were denied but property was previously under covenant.

We purchased 13.5 acre tract and previous owner had it under Conservation Use but it lapsed @2 years ago. We have a registered plant license, built a commercial size greenhouse and have filed taxes for our plant business-yet our application was denied as primary use was deemed “residential “.... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 10, 2019

I am not licensed in Georgia, but the rules are similar in Florida. The zoning designation of conservation is the least taxed category; accordingly, all land zoned in that category is also the most closely watched by taxing authorities.

In communities that are growing the conservation...
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1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Georgia on
Q: I purchased a property that wasn’t on a condem list now they won’t to condemn it do I have the right to repair
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 30, 2019

If you want to keep the property you had better contact the condemning authority and find out what you will have to do to bring the property back up to code, or whatever.

2 Answers | Asked in Tax Law and Bankruptcy for Georgia on
Q: can i file land taxes
Timothy Denison
Timothy Denison
answered on Apr 27, 2019

You can, but they follow the property and likely will not be discharged if you still own the property.

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2 Answers | Asked in Tax Law for Georgia on
Q: Does the cost basis step-up for mutual funds in a revocable living trust upon the death of trustees?

I am the successor trustee for my parents' revocable living trust. Both parents are now deceased as of last week. In speaking to one mutual fund I was told because the trust has always had its own EIN this may preclude the basis step up when the funds are divided as per the trust... Read more »

D. Mathew Blackburn
D. Mathew Blackburn
answered on Apr 22, 2019

The trust is either revocable or irrevocable on its terms not based on the use of an EIN.

IRS customer service reps are complete morons.

Hire an attorney.

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1 Answer | Asked in Tax Law for Georgia on
Q: What tax base is used after selling Gift Deeded property, with donor holding 1% until his death?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 4, 2019

Consult with a tax lawyer in your local area.

1 Answer | Asked in Tax Law for Georgia on
Q: What is GA law on overpayment of property Tax. How many years must they give credit for by Ga law?

My mother recently passed away in January 2019. I am executor of her estate& beneficiary. She & my dad(deceased2013) paid property tax on 5.08 acres. Du to title search performed when she passed there is only 4.26 acres. Last deed was dated 1979. Can I make them credit me back to when... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 1, 2019

If the person who told you that the time limit is 3 years is an official of the taxing authority imposing the tax--as opposed to some well-meaning friend--then you should believe the official. In Florida, the county taxing authorities must give written notice of any change in the current assessment... Read more »

1 Answer | Asked in Estate Planning, Intellectual Property and Tax Law for Georgia on
Q: My brother and I did a quick claim deed with my two daughters on property we inherited from our parents for taxes

With the understanding that we would never the put out evicted or any thing of that matter and we were to live there until our deaths upon signing the papers I the mother his soul financier of this property and its taxes who was evicted within two months and now my brother is being threatened with... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 1, 2019

Your unfortunate situation was caused by your erroneous belief that non-lawyers can do very important things that involve their property rights without benefit of counsel. So now, rather than hire a real estate lawyer to help you avoid the errors before you made them, you will have to hire a civil... Read more »

1 Answer | Asked in Tax Law for Georgia on
Q: What can a NCP do when the CP has allowed a random person or relative claim your child on their taxes?
D. Mathew Blackburn
D. Mathew Blackburn
answered on Feb 15, 2019

File a contempt action in domestic court.

1 Answer | Asked in Tax Law for Georgia on
Q: When I'm filing taxes the wife is working and the husband is drawing disability, who is head of household.

The husband claims the children

D. Mathew Blackburn
D. Mathew Blackburn
answered on Feb 11, 2019

If you're married and not legally separated you either file married joint or married separate you're not allowed to file Head of household.

If you're legally separated or divorced HoH filing status goes to whoever is allowed to claim the children as a dependant as the...
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1 Answer | Asked in Adoption and Tax Law for Georgia on
Q: For foster adoption across state lines, which state do I get a tax credit from?

I live in Georgia, but I am adopting two children from the Utah foster care system. Can I apply for a state tax credit in my Georgia tax returns, or do I have to complete a Utah tax return and get a Utah tax credit? The tax credit is much better in Georgia, and I would prefer to only complete one... Read more »

D. Mathew Blackburn
D. Mathew Blackburn
answered on Feb 10, 2019

As a resident of Georgia you would claim the Georgia credit.

Utah requires the adoptive to be a resident at the time the adoption order is granted as a resident of Georgia you would not qualify.

Thanks for adoptin

1 Answer | Asked in Tax Law for Georgia on
Q: With a tax levy will the IRS take my whole paycheck or will they only take a portion of it every pay period
Linda Simmons Campbell
Linda Simmons Campbell
answered on Nov 27, 2018

Your human resources department will be sent a formula to follow to determine what they can take. You are usually left with a small amount. Without more information I cannot tell you what you will be left with after the levy. Frequently a tax attorney can set up an installment agreement that... Read more »

1 Answer | Asked in Business Law and Tax Law for Georgia on
Q: what is the best way to report unreported income for small business that has gone for many years. what kind of lawyer?

we have a small business that had cash sales. we did not report these sales for years. we would like to come clean and report these sales to possibly prevent future prosecution, fines and possible jail time.

Chad Silver
PREMIUM
Chad Silver
answered on Nov 26, 2018

A Tax Attorney would be the best professional to guide you through this process. It is very important the matter is handled with someone you have an Attorney Client privilege with. You can contact our office at 855-900-1040.

1 Answer | Asked in Tax Law for Georgia on
Q: I just received a notice saying I owe GA state taxes from 2012 , this is the first time I have heard from them.

They state I owe 212.00 plus penalty and interest. Is this a valid claim on their part ? I mean 6 yrs after filing then bam you owe this ? I have never owed Ga state taxes since I have lived here for 15 yrs.

Chad Silver
PREMIUM
Chad Silver
answered on Nov 19, 2018

The only way to know is to have a Tax Attorney contact Georgia and conduct a State Tax Investigation. Please let me know if my firm can help: 855-900-1040. The statue of limitations for Georgia runs longer than the IRS.

Best,

Chad Silver Sliver Tax Group

1 Answer | Asked in Tax Law and Gov & Administrative Law for Georgia on
Q: Could not find w2. Went to a site entered in last paycheck info to get one. Now it does not match actual w2 after sent?

What should i do, because i located my actual w2. I fear i am committing fraud. Should i contact IRS now to let them know or wait for them to send me documents. I am very scared and feel very stupid.

Seth Meyerson
Seth Meyerson
answered on Nov 12, 2018

Is there a substantial difference? If there is, amend your tax return. If not, it is hardly fraud.

2 Answers | Asked in Tax Law for Georgia on
Q: If you receive money from a court judgement do you have to pay taxes on the money?

It was a family estate that was sold by one of the grandchildren and the only living sibling was not involved because the grandchild had the original will changed by his grandmother who had been diagnosed with Alzheimer’s disease.

P. Justin Thrailkill
P. Justin Thrailkill
answered on Aug 14, 2018

You need to talk to a CPA about this, not an attorney (unless they are a tax attorney).

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1 Answer | Asked in Tax Law for Georgia on
Q: My father died in 2002. At the time of death, his property was for sale for $1,000,000. He had a contract for that

amount, but the city would not approve it. We have had several offers for that amount but again the city wouldn't approve it. We now have a contract for $500,000. We didn't get an appraisal at the time of his death, would the previous sale price show the value of the property at this... Read more »

Frank Huerta Jr
Frank Huerta Jr
answered on Jul 28, 2018

It would depend on a number of factors. How close was the sale before he passed and was there an appraisal for the sale? If there was a third party appraisal within 12 months of his passing you could make that argument. However you may need to hire an expert.

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