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Missouri Tax Law Questions & Answers
1 Answer | Asked in Tax Law for Missouri on
Q: Can I gift land to my son?
James L. Arrasmith
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answered on Sep 12, 2024

Yes, you can gift land to your son. Transferring property to a family member is a common process and can usually be done through a gift deed. The gift deed must be drafted, signed, and registered to be legally valid.

When gifting land, it's important to be aware of any tax...
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1 Answer | Asked in Real Estate Law, Tax Law and Constitutional Law for Missouri on
Q: Served an unlawful detainer by plaintiff that obtained a deed 2 my home from a man who obtained a collectors deed illega

County collector issued a collectors deed to a purchaser illegally. It was a 3rd offering sale but staff at cty. office lied and said it was A post 3rd year sale denying me my 90 day redemption period. Also it allowed that purchaser to sale the deed to a third party whose now served me with an... View More

James L. Arrasmith
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answered on Jun 17, 2024

I'm sorry to hear about the difficult situation you're facing with your home. Based on what you've described, it seems there may have been serious legal errors and improprieties in the tax sale process that resulted in your home being wrongfully deeded to another party. Here are a... View More

1 Answer | Asked in Civil Litigation, Real Estate Law, Tax Law and Constitutional Law for Missouri on
Q: Can a county collector change a 3rd offering auction into a post 3rd year auction in just four days past the sale date?
James L. Arrasmith
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answered on Jun 13, 2024

In Missouri, the process for tax lien sales and auctions is strictly governed by state law. A county collector must adhere to specific timelines and procedures established by the Missouri statutes. Changing a third offering auction into a post-third year auction just four days past the original... View More

1 Answer | Asked in Tax Law, Real Estate Law, Constitutional Law and Gov & Administrative Law for Missouri on
Q: Can a county collector change a 3rd year tax cert. sale into a post 3rd yr. Sale 4 dys. After auction ?

Can a collector take you off as the payee of your real estate tax and apply it to different person's account?

James L. Arrasmith
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answered on Jun 13, 2024

The actions you describe may raise serious legal concerns. Typically, a county collector should not have the authority to change the terms of a tax certificate sale after the auction has concluded. If the rules of the auction were altered post-sale, this might violate established procedures and... View More

1 Answer | Asked in Tax Law for Missouri on
Q: Property tax Accessor

If the property tax accessor fails to do a physical inspection and your taxes increase by over 15% does this mean you win the appeal to the state?

Missouri Statutes 138.060, 137.115

James L. Arrasmith
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answered on May 29, 2024

If the property tax assessor fails to conduct a physical inspection and your taxes increase by over 15%, this alone does not guarantee you will win your appeal to the state. According to Missouri Statutes 138.060 and 137.115, the success of your appeal will depend on the evidence you present and... View More

1 Answer | Asked in Tax Law for Missouri on
Q: Are hotels in Harrisonville MO, Cass County allowed to charge a town hall development tax on customers bills
James L. Arrasmith
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answered on Mar 3, 2024

In Harrisonville, MO, located within Cass County, the imposition of taxes on hotel bills can be subject to local ordinances and state law. Municipalities and counties often have the authority to levy taxes on accommodations, which can include a variety of specific purposes such as tourism... View More

1 Answer | Asked in Tax Law for Missouri on
Q: An asset protection Wyoming LLC owns property in MO ( as a summer home) would it need to register as a foreign company

This property is residential and personal use only, does not "conduct business". There may be a long term profit on the sale of the property if it is sold. Otherwise its just asset protection and personal use. I want to be sure I dont have to register as a foreign entity as this is a... View More

James L. Arrasmith
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answered on Feb 22, 2024

When an LLC formed in one state owns property in another state, the need to register as a foreign entity in the state where the property is located can depend on various factors, including how the state defines "conducting business." In your case, owning a residential property in Missouri... View More

1 Answer | Asked in Tax Law, Consumer Law and Employment Law for Missouri on
Q: My former employer did not list my federal taxes paid on my w-2. It shows the paid state and other taxes. What can I do?

This school is a charter for the St. Louis Public Schools. While there I was harassed by my “team leader” and when the administrators would not help me, I had to quit because it was causing me severe mental distress.

James L. Arrasmith
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answered on Jan 26, 2024

Here are a few options you can pursue regarding the incorrect W-2 from your former employer:

1. Contact your former employer's payroll or HR department and request a corrected W-2 that accurately reflects the federal taxes withheld from your paychecks throughout the year. All employers...
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1 Answer | Asked in Tax Law and Contracts for Missouri on
Q: If I get a 1099 c for a vacation club for which I never received any goods or services from do I actually have to pay

I never made any payments and tried to cancel 48 hours after signing. Have fought with them repeatedly

James L. Arrasmith
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answered on Jan 18, 2024

Receiving a 1099-C form generally indicates that a debt you owed was canceled or forgiven, and the IRS considers this canceled debt as taxable income. However, if you believe that the vacation club's claim is not valid, especially since you didn't receive any goods or services, it's... View More

1 Answer | Asked in Divorce, Tax Law and Gov & Administrative Law for Missouri on
Q: How do i renew my tags and pay for just the taxes on my vehicle when my wifes vehicle is on the bill and our divorce is

Still not final. Please help my tags are expired. I live in Arkansas

James L. Arrasmith
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answered on Jan 13, 2024

To renew your vehicle tags and pay only the taxes on your vehicle while your divorce is still pending, you should follow these steps:

1. Contact your local DMV: Reach out to the Arkansas Department of Motor Vehicles or the relevant local agency responsible for vehicle registration to...
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1 Answer | Asked in Real Estate Law, Tax Law, Constitutional Law and Construction Law for Missouri on
Q: Please read below

I paid $18,000 for my house and 2011 then I pulled a building permit in 2011 the same day I interned started working on my house I'm still working on my house my understanding is the building permit stops the value from increasing until an inspection is called for when I am done with... View More

James L. Arrasmith
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answered on Dec 30, 2023

In your situation, dealing with property valuation and taxation in Jackson County, Missouri, there are several key points to consider.

Firstly, the link between a building permit and property valuation can vary. Typically, a building permit itself doesn't freeze the value of a property...
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1 Answer | Asked in Tax Law for Missouri on
Q: I have a silver bullion certificate held by a brokerage company that is TOD to my daughter.

Will she have any tax liability if she sells on the same day she takes possession

T. Augustus Claus
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answered on Oct 2, 2023

If your daughter sells the silver bullion certificate on the same day she takes possession, she generally would owe capital gains tax only on any increase in value from the time she takes possession to the time of sale. However, the specifics can vary, so it would be wise to consult a tax advisor.

2 Answers | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Missouri on
Q: I bought land with my Brother, we own it 50/50, I live on the land, and tend to it, pay taxes on it, my brother doesn't

Do anything with it, doesn't live on it, doesn't pay taxes on it, I've offered to buy him out and will pay the amount he requested but he is avoiding me, is there anything legally I can do to make the process happen?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 6, 2023

You can hire an attorney and file a partition lawsuit.

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1 Answer | Asked in Tax Law and Real Estate Law for Missouri on
Q: Once a lien is placed on a piece of property, can the amount be changed by the company who placed the lien?

After a tax sale does purchaser have to pay all recorded liens? And can, the entity who placed the lien continue to add charges to the lien?

James L. Arrasmith
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answered on May 7, 2023

Once a lien is placed on a piece of property, the amount cannot be changed by the company who placed the lien unless there is a legal basis for doing so, such as an error in the lien amount. After a tax sale, the purchaser may have to pay all recorded liens on the property, depending on the... View More

1 Answer | Asked in Tax Law for Missouri on
Q: How can I qualify for the 475 election as a day trader? Thanks
Matthew J. Sherman
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answered on Apr 10, 2023

First, you must determine whether you can qualify as a trader for federal tax purposes. This determination is based on pertinent facts and circumstances. Special rules apply if you're a trader in securities, in the business of buying and selling securities for your own account. The law... View More

1 Answer | Asked in Bankruptcy and Tax Law for Missouri on
Q: In Missouri- my chapter 13 plan states that if I file jointly the debtor may retain 1500. Is that of the total refund?

2nd year filing taxes with chapter 13, but 1year married. Jointly my tax return will be $3063. My plan states that if I file jointly debtor may retain $1500- is that from the total $3063 or do they take in account some of the refund is my husband's? I have seen it separately and my husband’s... View More

Timothy Denison
Timothy Denison
answered on Apr 9, 2023

File separately.

1 Answer | Asked in Tax Law for Missouri on
Q: Can employers make changes to tax withholding without a W4 (i.e. verbal request)? Any legal risk for doing so?

I have been a payroll specialist for several years but just started working for a new employer. It has come to my attention that the previous payroll manager was making tax withholding changes based on phone conversations only, no W4 or any documentation whatsoever. I’ve never heard of this... View More

James L. Arrasmith
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answered on Mar 4, 2023

Employers are generally required to follow the employee's W-4 form for tax withholding purposes. The IRS Publication 15-T provides guidance for employers on how to determine the amount of federal income tax to withhold from employee wages based on their W-4 form. Employers may make changes to... View More

1 Answer | Asked in Business Formation, Contracts and Tax Law for Missouri on
Q: As a freelance Graphic designer working with a few small businesses would it benefit me to get a LLC for taxes?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 6, 2022

It might benefit you to create an LLC for limiting personal liability.

For the answer to your specific tax question, I suggest you query "LLC" and "pass-through" or contact a CPA or tax attorney if you still have questions.

1 Answer | Asked in Health Care Law, Real Estate Law and Tax Law for Missouri on
Q: Is there a way to protect property from medicaid?

Parents are still alive, Mom was placed in a nursing home, dad, I think signed papers medicaid papers which turns over assets. I am the only child but live out of state. Could we deed or put into a trust? Options?

I have verified no Liens on the property other than a bank note.

Anthony M. Avery
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answered on Aug 10, 2021

Hire a competent MO attorney for advice. This is a public forum. There are many different ways to protect assets, but none are perfect.

1 Answer | Asked in Tax Law, Divorce and Family Law for Missouri on
Q: My wife and I filed joint and married on our taxes. We have been separated and she wants to keep all of refund

I have been employed full-time where she has only worked last few months of 2020 as she took custody of my step grandson. I thought 50/50 was fair

Caroline Bundy
Caroline Bundy
answered on Feb 3, 2021

You would be entitled to a division of that return, yes.

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