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Missouri Tax Law Questions & Answers
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... Read 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
Matthew J. Sherman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... Read 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... Read 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... Read 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... Read 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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Anthony M. Avery
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.

1 Answer | Asked in Real Estate Law and Tax Law for Missouri on
Q: Can I sell my house with unpaid property taxes? It is not up for tax sale, but is 2 years delinquent.

I have a buyer, and will be selling the house for the remainder of the mortgage, walking away from the closing table with nothing.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Jun 29, 2020

You can sell your house but the unpaid property tax will have to be paid at closing.

2 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for Missouri on
Q: Does one pay estate tax on home inherited thru a transfer deed?

My husband and I have been married 5 years. After marriage, I moved into his home and we subsequently completed a transfer beneficiary deed on the home. If he were to pass, would I be obligated to pay some sort if estate tax on the home?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on May 23, 2020

There is no estate tax in Missouri.

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3 Answers | Asked in Employment Law, Tax Law and Business Law for Missouri on
Q: Is getting paid under the table illegal

I didn't agree to getting paid under the table also they only paid me $100 for 50hours

D. Mathew Blackburn
D. Mathew Blackburn
answered on Apr 20, 2020

Being paid or paying a contractor in cash is not illegal.

Failure to report income is illegal.

Failure to classify a worker properly is illegal (not in the criminal sense per se but it is a violation of the tax code).

If you were misclassified as a contractor when you...
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1 Answer | Asked in Employment Law and Tax Law for Missouri on
Q: Never received wages that my W-2 says I earned. Is this something I take to a legal department or the company itself?

I never received a paycheck from a place I worked for only one day and I assumed it was because I was still training. I just received a W-2 from them saying I did earn wages but I never received them despite setting up direct deposit. Who would I contact about this, some legal department or the... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 26, 2020

A business’s legal department is the business itself. I suggest contacting the HR or payroll person at the business.

1 Answer | Asked in Tax Law for Missouri on
Q: 3 years ago i accidently pulled out money from my ira retirement account and moved it to a savings account.

irs is demanding that i pay taxes on this amount---is there any way i can make this a distrubution for this tax year ?

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

No.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Missouri on
Q: What do I do if I want a piece of land to put a camper on for the best price I plan on putting a garden on it and living

On it as a forever residence could there be a way to pay an owners unpaid property tax and gain a title to the land that way

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Jul 31, 2019

You can purchase property at a tax sale. But you will need to consult an attorney familiar with the process of getting the deed to the land in your name.

1 Answer | Asked in Tax Law for Missouri on
Q: What should I do if I am not notified of my inheritance within the 60 day time frame period ...

Family is not close greed appears to motivate wondering if am in need of lawyer to insure protection of inheritance or does said trust document do that and chips basically fall as they may based on the scum at hand ?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 2, 2019

You appear to be looking in the right direction: Hire a lawyer experienced in trust law and probate law.

1 Answer | Asked in Tax Law for Missouri on
Q: my brother has his trailer on my property he stopped paying his personal property taxes now they said i haveto paythetax

am i responsible for this??

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 6, 2019

Unless someone pays the personal property taxes the state or county will place tax liens on the trailer.

2 Answers | Asked in Real Estate Law and Tax Law for Missouri on
Q: If I lived in a house for 13 years and it was three years behind on taxes and the owner decided he didn't want it and it

If it Sold for back taxes do I as a tennant since I've been there for 13 years have more rights than anybody on the purchase

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 21, 2019

No. Unless the new owner wants to rent to their house to you, you have no rights to continue living in their house.

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2 Answers | Asked in Bankruptcy and Tax Law for Missouri on
Q: If one spouse filed chapter 13 is there a way for the other to keep their tax return if filing jointly?

Would I just file normally? Or would I have to file an innocent or injured spouse form?

Most of the deductions comes from the spouse not in bankruptcy.

John Martin Hilla
John Martin Hilla
answered on Feb 1, 2019

This is a question that may be a matter of local practice. You'll want to consult a bankruptcy attorney in your geographic area.

Where I practice, in Detroit, a non-filing spouse filing a tax return jointly with a filing Chapter 13 debtor will be allowed to retain their 50% of the...
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