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New York Tax Law Questions & Answers
0 Answers | Asked in Tax Law and Traffic Tickets for New York on
Q: How can I donate & transfer a car into an unincorporated church ministry without triggering a tax event in New York Stat

How should I got about it and will the unincorporated ministry be able to register it without without 501c3 status?

3 Answers | Asked in Real Estate Law, Tax Law and Probate for New York on
Q: My mother passed in 2021, she had left the house to me and my 3 children. There is about two years of unpaid property

And school taxes that are behind, the house is still caught in probate court and i cannot make a payment plan since it isnt in my name, and i cannot afford to pay it all upfront. How do i stop the house from going into foreclosure?

Damien Matthew Bosco
Damien Matthew Bosco
answered on Dec 11, 2024

I'm sorry for your loss and the challenges you're facing. If probate is delaying your ability to act, consider filing a motion requesting the court to grant temporary authority to address urgent matters, like paying property taxes. An attorney can assist with this.

Possibly, you...
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1 Answer | Asked in Tax Law for New York on
Q: What is recourse if real property was illegally seized when taxes were always paid in full and county ascribed wrong own

Owner and failed to notify record owner of deed

Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 25, 2024

If your real property was transferred due to errors by the county (e.g., assigning the wrong owner or failing to notify you of changes to the deed) contact the county recorder or assessor's office in writing to dispute the error. Include copies of your tax payment records, the deed, and other... View More

2 Answers | Asked in Tax Law, Constitutional Law and Gov & Administrative Law for New York on
Q: Could the President get rid of income tax

My friend is using the claim that because the president is experimenting with the idea of removing the income tax that the IRC that established it is not considered positive law. They mentioned something about it being done as an executive order but I don’t really understand that. What I imagine... View More

Tim Akpinar
Tim Akpinar
answered on Nov 17, 2024

A president could propose such measures, but legislation to do so is outside the executive branch's authority. That's something that would traditionally go through Congress. There is discussion of using other measures to replace revenue from income taxes - that might be what your friend... View More

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1 Answer | Asked in Banking, Contracts and Tax Law for New York on
Q: Is the Internal Revenue Code positive law?

My friend was wondering if the Internal Revenue code is positive law. He said that because it is covered under title 26 of the USC it is Prima Facie interpretations of the law and are therefore invalid. He also says that because Congress unconstitutionally gave power to the Secretary of Treasury to... View More

James L. Arrasmith
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answered on Oct 24, 2024

Yes, the Internal Revenue Code (IRC) is considered positive law. Title 26 of the United States Code was enacted by Congress in 1986 and serves as the official compilation of federal tax statutes. When a title is enacted as positive law, it means the text itself has been passed by Congress as law,... View More

1 Answer | Asked in Contracts, Tax Law, Traffic Tickets and Gov & Administrative Law for New York on
Q: Because the DMV has a UEI number does this make it a corporation?

My friend was wondering if because the DMV has a UEI number that that makes it a corporation. I tried to tell him that it is simply a state government agency responsible for issuing licensing and registration however he believes that having that number makes the DMV a for profit corporation.... View More

James L. Arrasmith
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answered on Oct 24, 2024

Having a UEI (Unique Entity Identifier) number does not make the DMV a corporation. The UEI is simply a unique identifier used by various government agencies to track entities for administrative purposes. The DMV remains a state government agency responsible for issuing licenses and registrations,... View More

2 Answers | Asked in Criminal Law, Federal Crimes, Tax Law and White Collar Crime for New York on
Q: How do I know if I have any criminal charges against me
Ralph Behr
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answered on Oct 15, 2024

Visit or call your local police department or sheriff's office. They often maintain public records and can let you know if there's an outstanding warrant or charge in their jurisdiction.

Check Court Records:

Many states and counties have online court databases where you...
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2 Answers | Asked in Contracts, Foreclosure, Real Estate Law and Tax Law for New York on
Q: I’m looking to retire and shut down my LLC
Jonathan David Warner
Jonathan David Warner
answered on Oct 14, 2024

I'm not sure what your question is... but I'll try to provide some helpful tips.

First, make sure to notify your accountant or payroll service provider of the closing date so they can prepare the final returns. Failure to do so can result in massive fines and large penalties....
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2 Answers | Asked in Tax Law for New York on
Q: Wife and I separated, agreement in place April 2024. I agreed that moving forward, she would claim both children for tax

If agreement and filing was done in 2024, does it apply to tax year 2023? I proposed that we each. Claim one to be fair

Carmela Graciela Walrond
Carmela Graciela Walrond
answered on Sep 19, 2024

The agreement would apply for tax year 2024. I would highly recommend to provide this information to your taxpreparer when you file your tax returns in 2025.

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1 Answer | Asked in Tax Law and Business Law for New York on
Q: If your NYS tobacco license is suspended, will the state issue a new license if a new LLC is opened?

I am trying to figure out if the tobacco license is only linked to the business name, or the owners name as well. If we open up a new LLC with a new tax ID under the same owner in which a previous license was suspended, will they issue a new license?

James L. Arrasmith
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answered on Sep 9, 2024

If your New York State tobacco license is suspended, getting a new license by simply forming a new LLC with the same owner may not be straightforward. The state typically considers both the business entity and the owner’s history when issuing new licenses. If the original license was suspended... View More

2 Answers | Asked in Estate Planning and Tax Law for New York on
Q: A parent has a trust with 2 beneficiaries. Give a house to one kid now and give half the value to the other.

A parent has a trust with 2 beneficiaries. We would like to move a house into a separate trust with only one beneficiary. So the house is being given to one child but the other should get half of the 2024 value somehow

Not sure the best way to do this so the other child gets half the 2024... View More

Nina Whitehurst
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answered on Aug 30, 2024

Giving the house to one beneficiary now could have many unintended negative consequences such as loss of step up in basis at the death of the gift giver and a hefty Medicaid penalty period assessed against the gift giver on account of the lifetime uncompensated transfer.

This is not the...
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1 Answer | Asked in Tax Law for New York on
Q: gift tax for green card holder spouse that exceeds annual exclusion

I understand that gifts (real estate) to a green card holding spouse must file a form 709. My question: if the gift FMV is above the current annual exclusion will that gift become partially taxable? For sake of question let's assume there are no other gifts in lifetime and this particular... View More

James L. Arrasmith
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answered on Aug 29, 2024

When you gift real estate to a green card-holding spouse and the gift exceeds the annual exclusion amount, you need to file IRS Form 709, United States Gift (and Generation-Skipping Transfer) Tax Return. However, filing Form 709 does not mean that you immediately owe taxes on the gift. Instead, it... View More

1 Answer | Asked in Tax Law for New York on
Q: What is the timeline for service of an amended petition of tax certiorari?

Within how long must the individuals who are to be served to be served the amended petition for tax certiorari?

James L. Arrasmith
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answered on Aug 23, 2024

When filing an amended petition for tax certiorari in New York, you need to be aware of strict timelines. Generally, service must be completed within the same timeframe as the original petition, which is typically within 10 days after the petition is filed with the court. This means you should act... View More

1 Answer | Asked in Estate Planning, Tax Law, Elder Law and Public Benefits for New York on
Q: Can grantor of irrevocable income only grantor trust pay taxes on trust income under their own SS#?

The attorney who set up the irrevocable income only grantor trust said the grantor could file taxes on trust income using their own SS#, but now a different attorney says if the trust doesn't obtain its own tax ID, the grantor may be deemed ineligible for Medicaid. Which is accurate?

James L. Arrasmith
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answered on Aug 10, 2024

When dealing with an irrevocable income-only grantor trust, it's important to understand how the income is reported and how it might impact Medicaid eligibility. If the trust is set up as a grantor trust, the income can be reported under the grantor's Social Security number, meaning the... View More

1 Answer | Asked in Family Law, Immigration Law and Tax Law for New York on
Q: My father want to become netrilize citizen of U.S and he didnt pay tax of 2 years will it effect on his case.

Hi i am abroad of U.S my father is in new york city he wants me to go there now he wants to file 130 petition and also he is a green card holder and also wants to applay for citizenship ( want to neutralize) but he didnt give tax for 2 or 3 year( because of some reasons) will this effect on his... View More

James L. Arrasmith
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answered on Jul 2, 2024

To address this situation, there are a few key points to consider:

1. Tax obligations:

Not filing taxes for 2-3 years could potentially affect your father's naturalization application. When applying for citizenship, USCIS (U.S. Citizenship and Immigration Services) looks at...
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1 Answer | Asked in Tax Law and Collections for New York on
Q: How can I get a old 2007 tax debt removed? Statue of limitation is 10 yrs from date yet its still there .
James L. Arrasmith
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answered on May 15, 2024

I understand your concern about the old tax debt from 2007 still appearing on your record despite the statute of limitations expiring after 10 years. Here are a few key things to know and steps you can take:

The IRS has 10 years from the date of assessment to collect back taxes before the...
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1 Answer | Asked in Tax Law for New York on
Q: I received notice of final intent to levy and 668 federal lien letter. For both I immediately sent the 12153 forms

because I want to make sure I did ON TIME and was told this would be hold on further action/collections until hearing where I hope to work out OIC or someother resolution since in hardship and don't have funds to pay,etc. My question is - I am now working with Tax Relief service because I was... View More

James L. Arrasmith
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answered on May 14, 2024

If you're working with a tax relief service, it won't negate your request for a Collection Due Process (CDP) hearing. As long as you submitted the Form 12153 on time, your request should still be processed by the IRS. The tax relief service can assist you in preparing for the hearing and... View More

1 Answer | Asked in Tax Law for New York on
Q: if irs officer assigned to my final intent to levy and federal lien phoner callls go straight to vm is that a bad sign

I received final intent to levy 4/29, i immediately sent request for cdp hearing due to financial hardship etc. The officer assigned to me called and said received and to call them at number they gave me. Since then call goes right to vm and never returns messages. I then got on saturday a 668... View More

James L. Arrasmith
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answered on May 14, 2024

I understand your concern about not being able to reach the IRS officer assigned to your case. Here are a few thoughts and suggestions:

It's unlikely that the officer sending you straight to voicemail is necessarily a "bad sign." IRS officers are often very busy and may not...
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1 Answer | Asked in Business Formation and Tax Law for New York on
Q: I started a NY apparel business some years back but never did anything with the business just the formation.

If I started a NY apparel business some years back but never did anything with the business just the formation ( business formed w/ state, trademarks, EIN business account) all done, Franchise taxes filed for the business every year. and now want to apply for the certificate of authority/ resale... View More

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answered on May 14, 2024

Based on the information you provided, there should generally not be any major issues with obtaining a Certificate of Authority (COA) for your New York apparel business, as long as you have maintained the business properly since its formation. Here are a few considerations:

1. Business...
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1 Answer | Asked in Business Formation and Tax Law for New York on
Q: If I started a NY apparel business some years back but never did anything with the business just the formation

If I started a NY apparel business some years back but never did anything with the business just the formation ( business formed w/ state, trademarks, EIN business account) all done. I have filed taxes, Franchise & income taxes every year for the business and now want to apply for the... View More

James L. Arrasmith
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answered on May 14, 2024

Based on the information you provided, there shouldn't be any major issues with obtaining a Certificate of Authority (CoA) or resale license for your New York apparel business. Since you have already formed the business, obtained trademarks, secured an EIN, and have been filing taxes... View More

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