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Louisiana Tax Law Questions & Answers
0 Answers | Asked in Criminal Law, Divorce, Family Law and Tax Law for Louisiana on
Q: My ex-spouse took out of 401K to pay down payment on our marital home and there is nothing in tax return of this.

We are doing community property settlement now and this is news to me. Looks as though she did not claim that as income on our taxes the year we bought the house. Can she get in trouble for this?

1 Answer | Asked in Tax Law, Child Custody and Child Support for Louisiana on
Q: Can my current husband claim my daughter on our taxes?

I have two children, I am domicile, My ex-husband claims one child, and I claimes the other. That’s how it has been for three years. This year I am without work, as my current husband works so that I may stay home with the children. My ex-husband is threatening court as he believes that he is... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 28, 2022

Yes your second husband can claim the dependency on your joint tax return.

1 Answer | Asked in Tax Law for Louisiana on
Q: Can I pay my late grandmothers property taxes to take ownership in three years of her house?

My grandmother passed away last year, and the house was left to her three children. I have no contact with my dad, aunt or uncle. I lived with her for three years and continued to live there after her passing. She has delinquent taxes as of 2021. I was inquiring about paying these taxes. Would I be... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 16, 2022

This is not as easy as just paying the delinquent taxes, but you can attempt to do so however there are a number of specific steps you have to take in order to (eventually) obtain clear title to the property. I would recommend that you contact a real estate attorney in your area and set up a... Read more »

1 Answer | Asked in Family Law and Tax Law for Louisiana on
Q: Does a prenup help with tax issues?

My boyfriend has back taxes he owes from before we were together. If we decide to get married would a prenup keep my refund from being taken to cover his debt? We live in Louisiana, or is there someway other than filing married but separately because we wouldnt get the deductions? Thanks!

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 4, 2022

You need both Prenuptial and to filed married filing separately

1 Answer | Asked in Tax Law and Estate Planning for Louisiana on
Q: What should I do about a Property Sale Tax letter I received for a house I don't live in but was willed to me

My wife inherited 50% her grandfather's house in 2013 when he passed away. We weren't allowed to move in because Louisiana deemed it a family house. Her aunt has been living in the house since 2014 but is not paying property tax. We received a letter in the mail with my wife’s name and... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 26, 2021

At some point in time the taxes will have to be paid or you risk losing ownership of the house. Based on your post, it is not clear whether the sheriff has seized the property for a tax sale, or if someone pad the unpaid taxes and "purchased" the property---you need to contact an... Read more »

1 Answer | Asked in Tax Law for Louisiana on
Q: i have a property that is in my deceased mothers name a tax notice was not received to pay taxes on the property so it

sold without me knowing found out notices were sent to address that had no box so no certified receipt was signed can i be required to pay redemption of property fee to nullify the sale

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 28, 2021

You should speak to both a property or real estate attorney and a succession attorney to answer your question contained in your post and to get this property out of your mother's name. I am fairly certain the redemption must be paid as the property owner has some obligation to notify the... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Louisiana on
Q: Can an elderly person donate property to another person?

Grandmother wants to give 50% of house to grandson.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 11, 2021

As long as the donor is of sound mind, the donor should be able to donate his/her interest to whomever he/she wants----since you are discuss a house, which I interpret to mean real property, there are rules on how to donate real property, which if not followed, may nullify the donation----so, I... Read more »

1 Answer | Asked in Family Law and Tax Law for Louisiana on
Q: If the non custodial parent owes in arrears, are they able to claim the child as a dependent on their taxes?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 3, 2021

No. The tax dependency exemption is not available to a parent in arrears in child support.

1 Answer | Asked in Tax Law and Child Custody for Louisiana on
Q: Nov 2019, I was awarded custody of my daughter, with liberal visitation for the mother. Child lived the whole year with

me, and only went one day to her mothers in 2020. Upon filing with turbo tax, it was determined that because of the court order I would be able to file HOH and qualify for the EIC and the mother gets to claim as a dependent. Mother isn’t happy with just the dependent. In an email with her lawyer,... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 27, 2021

If you were domiciliary parent, then you get the dependency deduction unless a judgment says otherwise.

1 Answer | Asked in Bankruptcy and Tax Law for Louisiana on
Q: I filed Chapter 7 in Louisiana..I was told that the trustee can't take my EIC or Child Tax Credit from..is this correct?

I filed Chapter 7 in Louisiana..I was told that the trustee can't take my EIC or Child Tax Credit from..is this correct?

Eric M. Wilson
Eric M. Wilson
answered on Jan 14, 2021

In the Northern District of Alabama Western Division - the Trustee does not take your EIC or Child Tax Credit

2 Answers | Asked in Real Estate Law, Tax Law and Probate for Louisiana on
Q: My step dad left me everything in his will. He has mortgage still but no other debt. What happens next?

My step dad has no kids and never married. He raised me since I was four and I’m now 33. He left everything in a will to me. He still owes on his home and has two harleys and a truck that are paid for. He has never filed taxes in his life and has always received a 1099 from his boss of 30+ years.... Read more »

Mr. James Zitzmann
Mr. James Zitzmann
answered on Dec 14, 2020

Yes, you have to file a succession to get title to the house and vehicles. It also might have to be administered depending on the debts. Just in general, the process can take anywhere from several weeks to several months for most cases.

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1 Answer | Asked in Employment Law and Tax Law for Louisiana on
Q: The company i work for changed my tax information with out my concent I started with a w-2 form with no dependents almot

3 years ago and now here a few months ago they changed my taxes from a w-2 form to a 10-99 form and changed my dependents to 99 and never gave me a notice or nothing isn't that illegal and can I sue them for doing that without my consent

J. Heath Dillon
J. Heath Dillon
answered on Dec 6, 2020

You don't have a colorable lawsuit or any damages to speak of. Fix the situation with your employer/HR department, etc as soon as possible.

1 Answer | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Louisiana on
Q: My grandfather passed away in 2015 and I'm just finding out their estate was left to me then finding out it was sold

Twice with out my knowledge

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jul 18, 2020

Hire a Successions attorney quickly.

1 Answer | Asked in Child Custody, Child Support and Tax Law for Louisiana on
Q: If judgements don’t say anything about claiming kids for taxes can I claim them every year she is in arrears on support?

Have joint custody with me as custodial parent. Also have a child support judgement. She is in arrears do I have to let her claim a kid for tax purposes? Her child support is only been paid once by her taxes and once by stimulus check. Never by her or her job.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jun 20, 2020

Claim both kids and hire a child support lawyer to file for a wage garnishment.

1 Answer | Asked in Tax Law for Louisiana on
Q: My father has filled out and filed for the stimulus check and I'm a dependent. Can he keep the $500 from me?
Zaher Fallahi
Zaher Fallahi
answered on Apr 25, 2020

He gets $500 only if you are under 17 years of age. This question may indicate that you are not, right? Stay safe.

Disclaimer: This is not intended for, and may not be construed, as legal or tax advice. For specific advice please consult your legal counsel.

1 Answer | Asked in Tax Law for Louisiana on
Q: Can family inheritance (land) be seized for for federal student loan debt? My tax returns get seized.
D. Mathew Blackburn
D. Mathew Blackburn
answered on Feb 21, 2020

Once the property transfers from the estate to you it's just like any other property you own. Land can be liened and auctioned to pay debts. It's not usual to do it for student loans but they can. It's also heavily dependent on state law. If you receive a notice of foreclosure, or... Read more »

1 Answer | Asked in Tax Law for Louisiana on
Q: In 2019, I got a refund check for tax year 2004. A year later, I was told it was an error and need to repay.

On January 31, 2019, we were issued a refund check of $1644.81 from the state of Louisiana. Hesitant, I held on to it until it was almost void. A year later, I received a letter stating that refund was issued in error and we have 45 days to pay it back. Am I responsible for their error?

D. Mathew Blackburn
D. Mathew Blackburn
answered on Jan 7, 2020

Unfortunately you do have to return the funds if they were issued by mistake. If they are also trying to assess penalties and/or interest I would push back on that hard. Also, verify it's really the state tax authority and not a scammer. The taxpayer always ends up paying for the governments... Read more »

1 Answer | Asked in Tax Law for Louisiana on
Q: How long does the Louisiana department of revenue have to collect back taxes?

We did file and we owed for 2008, 2010 and 2011. However we also owed the IRS for this years and we were dealing with getting a resolution with the IRS. We have not received anything from Louisiana Department of Revenue for all these years, until this week we received a notice that our drivers... Read more »

Andrew M Steiger
Andrew M Steiger
answered on Jul 8, 2019

The answer to this type of question generally depends on whether you filed a tax return. If you did not file a return, the statute of limitations on collections generally does not begin and there is no time limit, although the state department of revenue may have guidelines to how many years back... Read more »

1 Answer | Asked in Tax Law for Louisiana on
Q: Bought new mobile home in 2000 I'm disabled couldn't read well and they didn't charge me taxes now I'm trying to donate

And they say I owe taxes on it 19 years worth

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

Although it will be very difficult for you to explain how you managed to buy a mobile home 19 years ago and never--even once--heard about the annual property taxes that everyone else in the mobile home park has been paying for 19 years, I still think it is worth a shot. Perhaps the taxing... Read more »

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