Lawyers, Answer Questions  & Get Points Log In
New York Tax Law Questions & Answers
1 Answer | Asked in Estate Planning, Family Law, Tax Law and Probate for New York on
Q: I am my father's estate administrator. How and when can I be reimbursed for admin costs?

Can I reimburse myself prior to filing his estate taxes?

Michael David Siegel
Michael David Siegel
answered on Jun 8, 2023

You can reimburse yourself as you go, but the disbursements are not approved and subject to clawback until you have a final accounting approved, or waivers from all parties. Your lawyer should know this. If you do not have one, and money is tight, it might be a good idea to have a lawyer.

1 Answer | Asked in Tax Law, Business Formation, Business Law and Car Accidents for New York on
Q: Hi Is registering as an NY llc really protects you when you drive for doordash ???

If you planned to work for doordash and food delivery gigs in ny as an llc . What's better in terms of protection ?

1- To open an llc in an other state like Wyoming , do you need to regester it as a forirgn llc in ny and every other state you work as a dasher ?

2- if you... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 6, 2023

Really depends from what you are seeking protection, e.g. personal injury liability, taxes, business debts, etc. Although an LLC will protect you from your business obligations, the mere existence of an LLC will not shield you from all personal liability in the event you injure someone in the... View More

3 Answers | Asked in Real Estate Law and Tax Law for New York on
Q: my brother owns a home, i am his only sister and relative does it automatically pass to me upon his passing

should i get documentation before he passes and how would that impact me in terms of taxes

Elaine Shay
PREMIUM
Elaine Shay
answered on May 18, 2023

Your brother may direct the disposition of his property in any manner he decides upon in his Will. In the event that your brother passes without a Will, if he is a New York resident his property would pass according to applicable law which the following link summarizes:... View More

View More Answers

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for New York on
Q: I live in a small town in Orleans County, New York. Many of us just got our new property assessments .

Our assessments went up a minimum of $40,000 per property!!!! Our county is one of the poorest in the state and none of us have improved our property. The law used to be the assessers could not raise the assessment more than $10,000 in one year. I can't find that law now. Can you give me the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 7, 2023

In New York State, the rules for property assessments are governed by the Real Property Tax Law (RPTL). According to RPTL Section 305, property assessments must be based on their market value, and should be made at least once every four years.

Regarding the increase in assessments, RPTL...
View More

1 Answer | Asked in Tax Law for New York on
Q: My mother received a wrongful death award (one of my sisters passed in an accident) and she wishes to gift me $100,000.

Do I need to report this gift to the IRS and/or pay taxes on it? My mother is not a US citizen nor a resident here.

Thank you

Daniel Michael Luisi
Daniel Michael Luisi
answered on Apr 16, 2023

There’s no simple answer to this question. There are specialist attorneys who handle these sorts of situations. Not reporting correctly can result in very large liabilities.

1 Answer | Asked in Tax Law for New York on
Q: What is the max I could contribute to an individual ROTH 401K when my AGI is $24,000? Thank you
Daniel Michael Luisi
Daniel Michael Luisi
answered on Apr 16, 2023

See here: https://www.irs.gov/retirement-plans/traditional-and-roth-iras.

Be aware that your deadline for contributions for the 2022 tax year is this Tuesday, April 18, 2023, so you need to make arrangements before then if you are looking to benefit for your 2022 taxes. If you have already...
View More

1 Answer | Asked in Tax Law for New York on
Q: my mom received a legal award and wants to gift me 100,000. Will this gift be taxable and do i need to report it ?
Daniel Michael Luisi
Daniel Michael Luisi
answered on Apr 16, 2023

It really depends on all the facts. There are lifetime gift limits, rules on reporting settlements to Medicare, Medicaid and the Social Security administration, and many more situations that can only be evaluated on a case by case basis.

1 Answer | Asked in Tax Law for New York on
Q: We are getting income tax bills from New York from 2005-10. What is the statute of limitations?

It so old I no longer have the records. This is the first we’ve heard of this. Thanks

Daniel Michael Luisi
Daniel Michael Luisi
answered on Mar 27, 2023

New York State generally has a 3 year SOL to assert additional tax due on a filed return. But note the key word here: additional. If New York is just restarting collections without imposing additional tax liability on your previously filed returns the result might be different. Consider consulting... View More

2 Answers | Asked in Estate Planning, Tax Law and Wrongful Death for New York on
Q: Can a wrongful death award arriving into sister's estate be divided in 3 (mother and 2 sisters)?

The estate I represent is winning a wrongful death award. My sister passed in an accident. Can the award be divided by the judge to benefit 3 people, (my mother, other sister and I) ? The interest of this would be that the award would not be taxable for anyone.

Thank you,

Claudia

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Mar 27, 2023

So sorry for your loss. Under New York's Estates Powers & Trust Law § 4-1.1, if your sister passed away without any children, the entirety of the recovery would go to your mother. Of course, you can certainly petition the court to divide the settlement proceeds equally among yourself,... View More

View More Answers

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for New York on
Q: What is the purpose of the 15% retention (Hacienda) & what happens with it? Would I get that back?

You and your siblings must appear for the signing of the sales deed, either in person or by virtue of a power of attorney, to subscribe the sale. For each of you who resides outside Puerto Rico, our Tax Code requires that a 15% retention be made at the point of origin (which would be upon the... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Mar 13, 2023

That is a requirement of the tax law in that location. https://www.discoverpuertorico.com/industry/download/588201-discover-puerto-rico-form-480-2017.pdf

1 Answer | Asked in Employment Law, Tax Law, Business Law and Collections for New York on
Q: can the dept of labor come after me personally for judgement against non operational s corp in NYC?

I had an S corp in queens NY and there was a judgement against the company from the dept of labor for unemployment insurance during years the company was not in operation. The judgement is in the sum of $3700, can they come after me personally? Also there is another judgement against the company i... View More

Michael David Siegel
Michael David Siegel
answered on Mar 12, 2023

You definitely have personal liability for both judgments if they pursue you. I am not sure if the judgment is in your name or not. If not, there would need to be a new suit to make you responsible, but you would lose the suit.

1 Answer | Asked in Tax Law and International Law for New York on
Q: Does a Canadian nonprofit that receives an EIN in the US need to pay US taxes if serving US persons virtually?

Hi, I'm starting a nonprofit organization in Canada to do online arts programming with young people who stutter in Canada and in the US. The organization will operate entirely online and from Canada, but will hire US employees. My goal is to be fiscally sponsored by a nonprofit (Fractured... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 19, 2023

As a Canadian nonprofit organization that receives an EIN in the US and hires US employees, you may have US tax obligations. However, whether or not you need to pay US taxes will depend on a number of factors, including the nature and extent of your activities in the US and the terms of any... View More

1 Answer | Asked in Tax Law for New York on
Q: Robinhood/TDAmeritrade/Interactive brokers can't change tax status 2022

I changed status in 2022 from non-resident to resident (being on H1b now). But did not update that status before 31st of December 2022 so these platforms (Robinhood/TDAmeritrade/Interactive brokers) refuse to change my status and send me the 1099 form I need to file to the IRS and instead want to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2023

If you changed your tax status from non-resident to resident in 2022, you should file your tax return as a resident for the entire year, regardless of whether you updated your status with your investment platforms by December 31st.

Investment platforms like Robinhood, TDAmeritrade, and...
View More

4 Answers | Asked in Contracts, Real Estate Law, Tax Law and Business Formation for New York on
Q: Hi, I've put my apartment on Airbnb and curious how I should split the profit with my boyfriend.

I got the apartment(lease) by my self and lived there for a year by myself, I put down deposit, I paid a guarantor fee every month, decorated and bought all the furniture, I am doing all the daily maintenance of the Airbnb account and finding cleaner, photograper etc. My boyfriend moved in a year... View More

Carl Nelson
Carl Nelson
answered on Feb 28, 2023

From a practical perspective (which is what it sounds like you are asking), an appropriate way to split income from the unit would be to first deduct all expenses and then to split the net income according to proportions of rent paid.

So first you would deduct all of the fees and costs...
View More

View More Answers

1 Answer | Asked in Criminal Law, Immigration Law and Tax Law for New York on
Q: How to report a foreigner in the US working illegally as a prostitute?

I know of Canadian who is in the US on TN status, but she stopped working at the job that is tied to her visa. Instead she works illegally in multiple states as a prostitute. She publishes her services on websites for call girls, erotic reviews, etc.. She is even planning to fake a marriage so she... View More

Marco Caviglia
Marco Caviglia
answered on Feb 14, 2023

ICE Tip Line: 866-DHS-2-ICE

1 Answer | Asked in Real Estate Law and Tax Law for New York on
Q: The county took possession of my 40-acre parcel for non-payment of property taxes that my mortgage co. failed to pay.

I have a mortgage on property that includes parcels in two towns in upstate NY. The mortgage servicing was recently transferred to a new company and they paid the taxes on one parcel but failed to pay on the second. The county has taken sealed bids and is scheduled to approve the sale at their... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 29, 2022

New York Real Property Tax Law (RPTL) Sections 1110 and 1111 allow you a “right of redemption”, which requires you to pay all back taxes and penalties on the property, usually within 2 years of the lien, to stop a lien foreclosure sale.

If the county has already filed a petition to...
View More

1 Answer | Asked in Tax Law and Business Law for New York on
Q: Legality of buying one's own products?

I was wondering about the legality of buying one's own products. I was thinking of buying some discounted gift cards for Etsy/Ebay where I sell products, and using them to buy some of my own products, picking up a little profit and boosting my store activity and seller profile. Are there any... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Nov 8, 2022

You have to review the Etsy and EBay terms of service you agreed to when opening your sellers account to determine whether this is a violation of any of their policies which could get you suspended. Legally speaking, apart from terms of service, the only issue I could see is if you are presenting... View More

1 Answer | Asked in Tax Law and Business Law for New York on
Q: Can I request nonprofit bylaws from the IRS without the nonprofit being notified of the request?

I started working 3 years ago in a registered 501c3 (school) in New York. I am a school leader and requested to see a copy of the school bylaws so I could understand as much as possible about how the school works. I was told it was an inappropriate request. I have concerns about board governance... View More

Matthew Morris
Matthew Morris
answered on Aug 21, 2022

You can almost certainly get a copy directly (and anonymously) from the New York Attorney General's office website. Go to the AG's office's Charities Bureau online. (https://www.charitiesnys.com/home.html) Enter the name of the 501(c)(3) in the "Search Charities Registry"... View More

1 Answer | Asked in Tax Law and Social Security for New York on
Q: Am I still able to apply for the previous year's stimulus check?

I applied for ssn on April 2021. i wasnt able to apply for stimulus on 2021 because of covid i never received my number? I was told by someone that i still can apply for the check. If so, am i supposed to file for last year's tax return as well?

thank you

Susan Michele Schaefer
Susan Michele Schaefer
answered on Aug 8, 2022

Most eligible people have already received all three of their Economic Impact Payments. However, you may still be able to file your 2020, 2021 taxes and claim a Recovery Rebate Credit. For more information, see https://www.irs.gov/coronavirus/economic-impact-payments.

According to the...
View More

1 Answer | Asked in Estate Planning and Tax Law for New York on
Q: What say does a beneficiary (me) have concerning how cash assets are distributed? Executor chose, not the deceased.

We are in NY State. Brother (executor) wants to distribute over 4 years (tax reasons): I prefer lump sum or 2 years. Can the cash be distributed in different ways to different beneficiaries? If not, does this require a legal intervention?

David Ostrove
David Ostrove
answered on Jun 30, 2022

The trust language controls. The Trustee must administer the trust strictly in accordance with the Settlor's intentions.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.