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North Carolina Tax Law Questions & Answers
0 Answers | Asked in Securities Law and Tax Law for North Carolina on
Q: When is the ownership interest of a NC LLC ever considered a security at the NC state or federal level?

I co-own a NC LLC (taxed as partnership) that is trying to figure out how to capitalize and am trying to better understand when LLC ownership interest is legally allowed to be sold or transferred and what state and federal reporting requirements there are.

Currently my partner and I (both... View More

1 Answer | Asked in Tax Law for North Carolina on
Q: Are federal tax credits being legally transferred to taxpayers as a result of inplementation of 25 USC 46 ISDEAA .

These credits are being offered by some financial advisors. The program is through the Treasury Dept.

James L. Arrasmith
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answered on Oct 14, 2024

I understand your concern about the federal tax credits being offered through the implementation of 25 USC 46 under the ISDEAA. Currently, there is no widely recognized program by the Treasury Department that facilitates the direct transfer of federal tax credits to individual taxpayers through... View More

1 Answer | Asked in Tax Law for North Carolina on
Q: my girlfriend is with the Marines in syria and asked me to login to her account and withdraw 200,000 from her bank accou

account and send it to a delivery company to deliver it to me to hold in cash for her is this legal?

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answered on Oct 3, 2024

This situation raises several red flags and could potentially be illegal or fraudulent. If someone is asking you to withdraw a large sum of money from their account and send it to a delivery company, it could be a scam. Even if this person is someone you trust, there are laws and regulations in... View More

2 Answers | Asked in Banking, Estate Planning, Real Estate Law and Tax Law for North Carolina on
Q: Is there a certain age that you have to be in order to buy and invest real estate?

I am 13 and looking to get into real estate to make a steady income but don't know we're to start or if I can get into investing in property's right now or if I have to wait.

Shane T. Johnson
Shane T. Johnson
answered on Sep 21, 2024

There is no age requirement for owning property in NC. To enter a binding contract to purchase or sell property, the minimum age requirement is 18. Similarly, banks require you to be 18 to sign a mortgage, again, because it is a contract.

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1 Answer | Asked in Tax Law for North Carolina on
Q: If a farmer (corporation) conserves it’s agricultural property

If a farmer (corporation) conserves it’s agricultural property and receives 50% as a cash grant and 50% as a donation assuming the grant proceeds far exceed farming income, and there is no other non-farm income, does the receipt of the grant disqualify the IRS farmer status?

In essence -... View More

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answered on Sep 14, 2024

When a farmer, organized as a corporation, conserves its agricultural property and receives a grant that exceeds farming income, the status of "farmer" for IRS purposes can be affected. The IRS defines a "farmer" based on the majority of the income coming from farming... View More

1 Answer | Asked in Tax Law, Civil Litigation, Identity Theft and International Law for North Carolina on
Q: someone other than me is filing returns in my name. The adrress coming back in the portal is coming back to mafia

I had a business hacked and emails. My data was going to my wifes phone and people around me gave me a fight for my accounts. I recovered my accounts and started learning tech. I was in bad shape with my wife and sisterinlaw. Sometimes when we were doing what we shouldent be doing they were calling... View More

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answered on Aug 29, 2024

You're dealing with a very complex and distressing situation. It's important to protect yourself and secure your personal information as quickly as possible. Start by contacting legal and financial authorities to report the identity theft and the fraudulent activities involving your... View More

1 Answer | Asked in Consumer Law and Tax Law for North Carolina on
Q: I was going to finance a vehicle from the dealership. We did not finalize the loan. Can I get a refund on my down paymen

The car was stolen. I put a report out on my insurance company because I had insurance on the vehicle is at a total loss now since we did not finalize the loan the fees that I paid included with the down payment they did not send to the DMV can I get a refund on my down payment in those fees

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answered on Aug 10, 2024

You may be able to get a refund on your down payment and fees, but it will depend on the specific terms of the agreement you had with the dealership. If the loan was not finalized and the dealership did not process the paperwork with the DMV, you have a valid reason to request a refund. It’s... View More

1 Answer | Asked in Tax Law for North Carolina on
Q: My online income tax payment was deducted twice from my bank account almost 2 months ago. They still haven't refunded.

After reporting it over a month ago I was told today they haven't even begun processing the refund yet and that there is no way to tell or estimate when I will receive it. It could be next week. It could be in six months. Can they legally do this? Is there anything I can do to expedite it? I... View More

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answered on May 17, 2024

I'm sorry to hear about the difficulties you're experiencing with your tax refund. It's understandable to be frustrated, especially when you need the funds to cover essential expenses. Here are a few thoughts on your situation:

Legally, if you were incorrectly double-charged,...
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1 Answer | Asked in Tax Law, Real Estate Law and Elder Law for North Carolina on
Q: Iredell County has denied my senior citizen property tax exemption based on my over limit income.

Both my Federal and NC state tax is zero AGI. Can anyone help with ???

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answered on Apr 18, 2024

It's best to consult with a local tax attorney or the Iredell County Tax Assessor's office.

In North Carolina, the elderly or disabled property tax exemption (also known as the Homestead Exemption) is available to qualifying homeowners aged 65 or older, or those who are totally...
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1 Answer | Asked in Tax Law for North Carolina on
Q: How to avoid/reduce capital gains tax on property rented for over 5 years by investing the proceeds in a financial inves
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answered on Apr 9, 2024

Here are some strategies to potentially reduce or defer capital gains tax when selling a rental property you've owned for over 5 years and investing the proceeds:

1. 1031 Exchange: This allows you to sell an investment property and reinvest the proceeds into a "like-kind"...
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1 Answer | Asked in Tax Law for North Carolina on
Q: If I take 40,000 out from my 401. How much would nc state federal the out. I am 65
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answered on Apr 4, 2024

Based on the information you provided, I can give you an estimate of the taxes you may owe on a $40,000 withdrawal from your 401(k) at age 65 in North Carolina.

Federal Income Tax:

At age 65, your 401(k) withdrawal will be treated as ordinary income. Assuming this is your only...
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1 Answer | Asked in Tax Law for North Carolina on
Q: In North Carolina and was wondering if I am exempted from highway use tax if I export a car and how I would apply for it

I own a company and buy cars from new dealers and title in NC and ship them out

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answered on Apr 1, 2024

In North Carolina, you may be eligible for an exemption from the Highway Use Tax if you purchase a vehicle in the state but export it outside of NC within 90 days of purchase. This exemption is known as the "Out-of-State Delivery Exemption."

To qualify for the exemption, you must...
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1 Answer | Asked in Tax Law for North Carolina on
Q: I owe back taxes for a bunch of years that isn't being deducted from my pension. I need to fix it. Who do i contact?

It's mainly state taxes but some federal also. I dont know who to call without being ripped off by tax relief services.

James L. Arrasmith
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answered on Mar 21, 2024

For federal taxes, reach out to the Internal Revenue Service (IRS) directly. They can provide guidance on how to address your back taxes and may offer payment plans. It's crucial to communicate with them to avoid additional penalties and interest. Their website also provides resources and... View More

1 Answer | Asked in Tax Law and Estate Planning for North Carolina on
Q: Can a non-resident of Florida set-up a living trust in Florida to avoid state taxes on investments within the trust.
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answered on Feb 22, 2024

Setting up a living trust in Florida as a non-resident solely to avoid state taxes on investments within the trust may not be a viable strategy. While Florida does not impose state income tax on individuals, there are other factors to consider, such as residency requirements and potential tax... View More

1 Answer | Asked in Tax Law and Real Estate Law for North Carolina on
Q: What is the easiest way to determine the value of a property that I gave my daughter, to report on a 709 tax form?

I gave my married daughter a rental property that I owned for 45years…will the IRS accept a real estate market analysis as the value on a 709 form? Can the tax value be used?

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answered on Feb 5, 2024

When determining the value of a property you gave to your daughter for reporting on a 709 tax form, it's important to follow IRS guidelines accurately. While a real estate market analysis can be a helpful reference, it might not be sufficient on its own.

The IRS typically requires a...
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1 Answer | Asked in Tax Law for North Carolina on
Q: How can North Carolina legally force you to claim your NC tax return as income. It’s my money being returned.

This money was paid to the state when I was paid. It has already been taxed. It was an interest free loan to the state. My deductions are such that I have overpaid the state, so they are returning part of my money back to me. How is that taxable income when it was originally taken from my gross... View More

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answered on Jan 23, 2024

You raise a good point. Refunds of state income tax that was already withheld from your paycheck and remitted to the state throughout the year are typically not considered new taxable income when returned. The key reasons are:

- You already paid tax on the underlying income that the tax...
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1 Answer | Asked in Real Estate Law and Tax Law for North Carolina on
Q: Is it illegal for my neighbor to use my mailing address to recieve mail from the tax administration?

I was recently sent mail from my county's tax administration in North Carolina which had the names from my neighbor's that lived across the street. I never gave them permission to use my mailing address.

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answered on Jan 23, 2024

Yes, it is generally illegal for someone to use another person's mailing address to receive mail from the tax administration or other entities without their consent. A few key points on this issue:

- Federal law prohibits falsely representing one's identity or address in matters...
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1 Answer | Asked in Tax Law and Real Estate Law for North Carolina on
Q: Can a county tax office go back and backdate taxes 3 years later? There was a senior citizens exemption on the account,

Can a county tax office go back and backdate taxes 3 years later? There was a senior citizens exemption on the account, she passed at the end of 2020. they were informed. They wait until 2023 to go back and remove the exemption causing taxes to double.

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answered on Jan 22, 2024

In North Carolina, county tax offices have the authority to reassess property tax exemptions and make adjustments, even retroactively, if they determine that the conditions for the exemption no longer apply. In the case you described, where a senior citizen's exemption was in place and the... View More

2 Answers | Asked in Tax Law for North Carolina on
Q: What is the legal requirement to convert Vacation Rental Property to a Private Second Home on our joint Tax Return?

After 23 years, income and expenses no longer justify listing annual losses and necessary paperwork on our tax returns.

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answered on Jan 11, 2024

Converting vacation rental property to a private second home on your joint tax return typically involves a change in the property's use. It's essential to understand that tax laws can be complex, and the Internal Revenue Service (IRS) has specific guidelines for different property... View More

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1 Answer | Asked in Tax Law and Social Security for North Carolina on
Q: I receive social security my only income.Have 401k which need withdraw from.How much can I withdraw without having to fi

File tax return.I get $1842 month from social security

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answered on Dec 25, 2023

The amount you can withdraw from your 401k without having to file a tax return depends on various factors, including your total income, filing status, and age. Since you receive $1,842 per month from Social Security, this amounts to approximately $22,104 annually.

For the tax year 2023, if...
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