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Kentucky Tax Law Questions & Answers
2 Answers | Asked in Real Estate Law, Tax Law and Arbitration / Mediation Law for Kentucky on
Q: Late September earlyOctober 2020 I noticed my neighbor's property up for sale by owner Had a verbal agreement

Purchase a home and offered asking price if the seller agreed to close before the end of the year

Seller agreed no less then 3verbally ie phone 4 in person seller remove the for sale sign from the yard only to change their mind and not sell to me

don't know if there's... Read more »

Jerome P. Prather
Jerome P. Prather answered on Aug 30, 2021

Under Kentucky law, contracts for the sale of real estate generally must be in writing before they can be enforced. KRS 371.010. A lawyer may be able to help you with your specific situation.

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1 Answer | Asked in Tax Law for Kentucky on
Q: would a future spouse be liable for an IRS debt that i have now?

I live in Kentucky

Linda Simmons Campbell
Linda Simmons Campbell answered on Apr 19, 2021

A spouse is only liable for taxes that are filed jointly with their husband or wife. Having said that any assets that you hold jointly may be subject to lien or levy. For example, if you own a home together the IRS can seize your half of the equity in the home.

Your best option, if you...
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2 Answers | Asked in Tax Law for Kentucky on
Q: state taxes are not being taken out of my paycheck.

me and my fiancé were asked to move here from Florida to run a warehouse for the company we work with. we just recently found out that Kentucky has state taxes but our company has not been taking out state taxes on our paychecks. How do we fix that? Will that mean that we will owe money when we... Read more »

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

Check with HR to see what address they have on file for you. You're likely still listed as living in FL so you haven't been setup as a KY resident for payroll. Another problem could be that you need to update your W-4 for state withholdings.

Your taxes are your responsibility. If...
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1 Answer | Asked in Contracts, Tax Law and Landlord - Tenant for Kentucky on
Q: Do my Leasing Office have a right to request a copy of my Income Tax if I live in Subsidized housing?

I live in Subsidized housing (rent based on income), recently the re-certification person requested a copy of my 2019 Federal Income tax in order for me to be re-certified. I feel that she was being nasty for no reason and unprofessional, simply because I was the ONLY one that turned in my tax... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on May 17, 2020

I would review the documents provided by the program under which your housing is subsidized. Just pull the documents directly and see what they say. Then if you feel that the landlord has requested too much you have documentation to backup your claim and contact information for the organization... Read more »

2 Answers | Asked in Tax Law and Child Support for Kentucky on
Q: Covid-19 stimulus check and back child support.

My wife and I filed jointly in 2018 I made more than her that year. We also have two children 5, and 7. I own back child support. Will they not give my wife and children their Portion of the stimulus check? Also if it is offset will it go to my back support? I have read the 147 page bill signed... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 31, 2020

In light of the moment-by-moment changes being made to federal, state and local laws as all the governments try to handle all aspects of the Corona virus pandemic sweeping the world--and all the new financial tricks going out of Washington--I have decided not even to try to answer any of the scores... Read more »

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1 Answer | Asked in Family Law and Tax Law for Kentucky on
Q: My girlfriend and the father of there kid filed there taxes together but now the father is not willing to give the money

It was agreed and have messages

Timothy Denison
Timothy Denison answered on Mar 19, 2020

Then you’ll have to go to court to get it unless you have any way to offset it.

1 Answer | Asked in Tax Law for Kentucky on
Q: If I sell a house to my nephew with a quit claim deed is there any tax implications to myself or my nephew?
D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 2, 2020

It depends on what you sell it for. If you sell for more than what you purchased it for plus any adjustments (adjusted basis) then you'll have capital gains. If you gift it you'll have a reporting requirement but likely no tax will be owed on the transaction. If you sell it for... Read more »

2 Answers | Asked in Contracts, Tax Law, Business Formation and Business Law for Kentucky on
Q: Best small business structure llc, or s corp?
D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 30, 2019

That depends on a number of additional factors. An LLC is almost always better than nothing. And the S-election requires an entity to be accepted. So the LLC is essentially a foregone conclusion. The question becomes to s-elect or not.

That question becomes first an issue of eligibility....
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1 Answer | Asked in Tax Law for Kentucky on
Q: My father deeded his farm to me and my brother a month before his death.. He made a will at same time giving us everythi

His wife fought will and deed.. We settled with her for $35,000. How do I figure cost basis of property for tax purposes. Was is gifted, bequested or purchased?

D. Mathew Blackburn
D. Mathew Blackburn answered on Aug 2, 2019

It's going to depend on the language in the settlement. That will determine when the property passed, whether as a gift or as part of the estate. If the settlement did not address the issue then I would think the gift would stand as completed and carryover basis would apply. It would be... Read more »

2 Answers | Asked in Tax Law for Kentucky on
Q: my grandparents want to send money for college from Iraq, what is the limit, taxation, and process for doing so?
D. Mathew Blackburn
D. Mathew Blackburn answered on Jul 30, 2019

There's no tax obligation for you since it's a gift and no tax obligation from the grandparents because it comes from out of the country. This assumes they are not US citizens.

If they are US citizens and the amount exceeds $30,000 a gist tax return would need to be filed and...
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1 Answer | Asked in Tax Law for Kentucky on
Q: In 2006 my father made a deed to me for the house and land. I received a tax bill every year in my name and paid them

Now they say my dad owes taxes since 2007 and trying to take my land. What do I do

D. Mathew Blackburn
D. Mathew Blackburn answered on Jul 7, 2019

Provide evidence of transfer and payment of tax for the years in question.

1 Answer | Asked in Child Support and Tax Law for Kentucky on
Q: My ex has legal custody, support order, kids have lived w/me. Will the state take my taxes

He kept state aid in his name, denied me foodstamps and insurance when they were with me because I could not afford an attorney. He was unemployed and filed for tanf and the state pursued me. The judge dropped the charges at the show cause but support order still stands and I have filed taxes for... Read more »

Timothy Denison
Timothy Denison answered on Feb 23, 2019

Depends whether that child support order requires payment through state of KY it directly to him. If payable to state, they may intercept your taxes. If the support is payable directly to him, you will probably your refund.

1 Answer | Asked in Immigration Law and Tax Law for Kentucky on
Q: Can I use my ITIN instead of a SSN on form W-4 where it asks for a SSN?

I have been offered a job and my employer wants me to fill out form W-4 to withhold taxes. I can’t find an answer as to whether I can use my ITIN instead of a SSN. Please help, someone.

Frank Huerta Jr
Frank Huerta Jr answered on Sep 5, 2018

If you have a valid social security number that belongs to you, you should use that. An ITIN is for tax filing/reporting purposes. It is not intended to use for work.

1 Answer | Asked in Business Law, Contracts and Tax Law for Kentucky on
Q: Why can my LLC’s liquor/beer License be revoked due to unpaid state taxes by LLC I bought the business from?

I was never made aware of the previous owners delinquent state sales taxes prior to my purchase. And the state of Kentucky even approved and took full payment for my Transitional Liquor License Application. Only then was I informed of the previous owners delinquent sales tax status. If previous... Read more »

Timothy Denison
Timothy Denison answered on Apr 17, 2018

Liquor licenses are a highly regulated area by government. When you purchased the LLC you should have been made aware of the back taxes owed. You probably have a cause of action against the sellers for failing to disclose that information.

1 Answer | Asked in Tax Law, Employment Law and Immigration Law for Kentucky on
Q: Can someone get income by being involved in direct sales / MLM while on a H1? Thanks

Previously on J1 now on a H1 through j1 waiver

Roger Carl Algase
Roger Carl Algase answered on Jun 16, 2017

An H-1B employee is only allowed to receive income from the H-1B employer as described in the H-1B petition. Working for any other employer would require a new petition or a "concurrent" H-1B petition from the second employer. H-1B also depends on an employer-employee relationship. One... Read more »

1 Answer | Asked in Tax Law for Kentucky on
Q: I have a job offer in India. My family will stay in US. Would I have to pay tax to US? If so, how would I pay for it.

I was asked by the company in India how to process the part of tax that I'm responsible to pay for US. I have no idea what type of tax I would be responsible to pay and I have no idea how I would pay from overseas. Please kindly advise me of those questions. Thank you.

Matthew M Montoya
Matthew M Montoya answered on Jun 5, 2017

US citizens living abroad still have to comply with US tax obligations. I have provided links to the IRS website, which should answer many of your questions.

https://www.irs.gov/individuals/international-taxpayers/taxpayers-living-abroad

Filing requirements for US citizens...
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1 Answer | Asked in Probate and Tax Law for Kentucky on
Q: My father passed away with no assets. His home is in foreclosure. Do I need to probate will or file taxes on his behalf?

He owned a home that is in foreclosure and he owes approximately $2,500 in bills. He has no money in the bank and not assets. Do I need to file a tax return? He would likely get a small return but figured that would go to pay the bills anyway so wasn't sure if I had to file.

Kenneth V Zichi
Kenneth V Zichi answered on Apr 5, 2017

No one is OBLIGATED to begin probate for anyone -- particularly when it makes no financial sense to do so, If the CREDITORS want to try to get at whatever assets they can then THEY will have authority to file probate, deal with the IRS etc.

If you have the original will however, state law...
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2 Answers | Asked in Tax Law and Social Security for Kentucky on
Q: Can the IRS levy your SSI? I only recieve 735.00 a month & they took my whole 100.00 savings leaving my acct with zero.

I just found out the IRS took my 100.00 savings out of US BANK listed as a tax levy and it left me with only 56.00 dollars to live on for the rest of the month. I only get a total of 735.00 a month for SSI and now if they are taking money out of that i will not be able to even survive as i barely... Read more »

Matthew M Montoya
Matthew M Montoya answered on Feb 11, 2017

Contact a Low Income Taxpayer Clinic in your area. You can run a search by going to the Taxpayer Advocate Service website.

If your situation is accurate, the clinic should be able to help you.

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1 Answer | Asked in Tax Law for Kentucky on
Q: I have a invoice on rental uniforms in Paducah ky that isn't charging me taxes is this correct?
D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 16, 2016

If a vendor is not collecting sales tax it is your responsibility as a purchaser to remit proper use tax to the state, county, and city as applicable. The sales tax and use tax are essentially the same, it simply depends on who is paying the tax. What taxes are applicable will depend on where you... Read more »

1 Answer | Asked in Business Law and Tax Law for Kentucky on
Q: My son had side business paid no taxes. Now figured out he should what does he need to do now.
Matthew M Montoya
Matthew M Montoya answered on Sep 26, 2016

You should find a Tax Controversy attorney to handle the matter. There are a lot of different ramifications that depend on the exact factual scenario.

For example, a "side business" that involves occasionally making trinkets and selling them on Etsy is very different from a...
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