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Oregon Tax Law Questions & Answers
2 Answers | Asked in Real Estate Law and Tax Law for Oregon on
Q: Can you avoid/ reduce capital gains tax from the sell of land by reinvesting atleast 75% of the profit into new land?

Land would be in a opportunity zone in oregon.

Sell of land is in oregon as well.

James L. Arrasmith
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answered on Apr 1, 2024

Investing capital gains from the sale of property into an Opportunity Zone can provide tax benefits, but it does not automatically avoid capital gains tax. Here's some information about Opportunity Zones and capital gains:

1. Opportunity Zones: These are economically distressed areas...
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1 Answer | Asked in Tax Law for Oregon on
Q: Is a California SCorp K-1 income subject to Supportive Housing Services (SHS) or Preschool for all (PFA) personal taxes?

I receive a K-1 from a California S-corp.

This S-corp itself has remote employees all over, including Oregon, but is a California company.

Am I, as a full time resident of Portland, OR, required to report this K-1 income on either the SHS or PFA return?

If so, what is the... View More

James L. Arrasmith
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answered on Mar 13, 2024

Based on the information provided, it seems you are a resident of Portland, Oregon, and receive income from a California S-Corp through a K-1 form. In this case, you may be subject to the Supportive Housing Services (SHS) tax and the Preschool for All (PFA) tax, which are local taxes in the... View More

1 Answer | Asked in Gov & Administrative Law and Tax Law for Oregon on
Q: Why do we pay income taxes when the US government has failed to keep the borders secured and gives illegals free money?

There are countless confirmable reports of illegal immigrants not only being invited to illegally migrate into america, but the US government is actively working on legislation to allow their permanent residency here and financial support through the american taxpayer system, directly going against... View More

James L. Arrasmith
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answered on Mar 2, 2024

I understand the frustration, but cannot recommend refusing to pay income taxes. There are a few reasons for this:

1. Not paying income taxes is illegal, regardless of one's political views or government policies. The ramifications like heavy penalties and interest make this very...
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1 Answer | Asked in Bankruptcy, Estate Planning, Real Estate Law and Tax Law for Oregon on
Q: What is the law around amending revocable trust, adding child to house title or deed?

He wants to add me to the house title or deed and give it to me through a trust. He owes @$20,000 in property taxes and $60,000 on the mortgage. I believe he has a revocable trust now that needs only to be amended. However, we are unsure about possible issues that may arise due to the deferred... View More

Theressa Hollis
Theressa Hollis
answered on Jun 20, 2023

I recommend that your father return to his estate planning attorney to discuss the pros and cons of adding someone to the title of his house. With few exceptions, at his death the mortgage will very likely need to be paid off and the property taxes will need to be paid. If the mortgage company... View More

1 Answer | Asked in Family Law, Tax Law and Child Support for Oregon on
Q: The kid ends up not being the father's child but no paterniry dna test was ordered, what can the father do?

The ex-wife cheated and the child ends up not being his but he already has been paying child support for more than 2 years and no paternity dna test was ordered, can anything be done? A new child is on the way that is actually his.

Vincent J. Bernabei
Vincent J. Bernabei
answered on Mar 20, 2023

The answer to your question is complicated, and more information is needed.

Generally, a person has 60 days after filing a Voluntary Acknowledgement of Paternity to request that the father’s name be removed from the birth certificate, or more than 60 days if the request is based on...
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1 Answer | Asked in Tax Law and Child Support for Oregon on
Q: Can anyone ask about my tax return?

I have a daughter with my ex girlfriend. We were never married and I had not claimed my daughter for my taxes this last year, but she is constantly asking me to give her my tax return as payment for child support. is there any legal action I can take for harassment?

John Michael Frick
John Michael Frick
answered on Feb 18, 2023

It is common for parents to exchange tax returns for purposes of determining whether a modification of child support is appropriate. In many custody orders, the parents are ordered to exchange this information.

If you are not subject to a court order that requires you to give yours, you...
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1 Answer | Asked in Real Estate Law and Tax Law for Oregon on
Q: In leaving my house to my step-daughter. Is it better to add her name to the property before I die, or will it to her?
Anthony M. Avery
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answered on Sep 29, 2022

Executing a Deed to her takes effect now, even if it is a vested Remainder taking possession at your death. Wills must be Probated for the Will to have any effect, which also attracts other relatives and creditors.

1 Answer | Asked in Employment Law and Tax Law for Oregon on
Q: employer payed me under the table for three years even though i asked to be on payroll.

i want to know what my rights are, and if irs can come after me for not paying income tax?

TeAnna Rice
TeAnna Rice
answered on May 13, 2022

Yes - the IRS can "come after" you for not paying payroll tax. When you are paid under the table, it is your duty to make sure you are still reporting those earnings as income. The IRS and other agencies that receive your payroll taxes can also go after your employer for not deducting... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Oregon on
Q: What is the best way to transfer a secondary residence from an aging father to their children?

We were looking to do a deed transfer, but I had questions of triggering a capital gains tax, or gift tax. I was advised the recipient will inherit the gift giver's tax basis, thus losing the step up in basis at death that would otherwise have occurred, thus creating in most cases a capital... View More

Theodore David Vicknair Sr.
Theodore David Vicknair Sr.
answered on Jul 25, 2021

Example: father purchased the property for $50,000 in the 80s. His orignial "tax basis" is $50,000. So that if he sells it for $50,001 he has a gain of $1. Now its 2021 and It is now worth $200,000. The built in gain is $150,000.

If he holds onto the property, either as a...
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1 Answer | Asked in Estate Planning and Tax Law for Oregon on
Q: Q: I am 63, and downsized to a rental when my husband passed. I want to relocate to FL and plan to purchase a single

family home. I plan to put between $60k-$100k towards a down payment but i want it in my two young adult children name. In other words, I will be a tenant to them... They will be the ones to benefit tax write offs... which is okey with me, also if something has to happen to me, that eliminates... View More

Theressa Hollis
Theressa Hollis
answered on Jan 27, 2021

I am only licensed to practice in Oregon so I can't speak to Florida law but in general it is better for your children to inherit your property because they receive a stepped-up basis. This means when they inherit your house after your death their new basis in the property is your... View More

1 Answer | Asked in Real Estate Law and Tax Law for Oregon on
Q: I own property as joint tenants in common. There are 3 owners. One of the owners has a federal tax liens on the property

We are going to sell the property, the partners share of the proceeds will not cover the liens. Can the IRS take the rest out of the others portion or are they limited to the partners share with the liens

Anthony M. Avery
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answered on May 25, 2020

Each Tenant In Common owns an undivided interest in the property. The IRS is the priority lien holder on the whole property. The Tax Lien does need to be examined for enforceability (SOL, Taxpayer's Name, Tax Debt Due, possible Tax Court Case, etc.). You all might try an Offer In... View More

1 Answer | Asked in Contracts and Tax Law for Oregon on
Q: Was garnished by state asked accountant for help he agreed to help and led me on for 6 months and did nothing.

I am still trying to get this straightened out. I paid H&R Block to handle back tax filings. They never file my 2018 return. Don't these people have a fiduciary responsibility? I suffered a significant financial loss due to their inaction. Do I have a case to sue them?

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

First off H&R block are not accountants, they're return preparers regardless of their other certifications.

Second, they do have a responsibility but you're going to have file a lawsuit to get them to do much of anything once they've been paid. They do this all the time...
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2 Answers | Asked in Child Support, Family Law and Tax Law for Oregon on
Q: Can my boyfriend get child support payments paid directly to him since he is 18?

So general information:

My boyfriend is 18, and I am 19. We are both still enrolled in highschool.

My boyfriend gets child support payments from is adoptive/legal father, not his biological father. The child support payments are I believe, $300? But basically my boyfriend's... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 29, 2020

Child support payments are for CHILD SUPPORT. That means they are paid to the person responsible for supporting the child, which is certainly not the child. In some cases the court allows the mother (or the father, sometimes) to continue receiving the child support for some period of time after... View More

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1 Answer | Asked in Tax Law, Family Law and Child Support for Oregon on
Q: My spouse claimed me and our two kids on taxes and stimulus payment then moved and kept all of our money. Is this legal?

He waited till he got all the money in his bank and moved in with his new girlfriend. Has not provided anything for me or house or children.

Joanne Reisman
Joanne Reisman
answered on Apr 21, 2020

Not sure I understand everything that is going on and you will probably have to have a one on one with a lawyer at some point to sort this out. Courts are pretty much close right now so you won't get a hearing any time soon to order him to pay support but the child support offices are... View More

1 Answer | Asked in Tax Law for Oregon on
Q: Can a income tax garnishment through accounts in a financial institution incur NSF fees and if so who is liable?
Linda Simmons Campbell
Linda Simmons Campbell
answered on Mar 21, 2020

If you mean that the garnishment caused you to bounce checks you have already written, you are responsible. The IRS gives you time to get the levy released. If the bank has not already sent the money to the IRS you still have time to reach a collection alternative with them. Most of us offer a... View More

1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Tax Law for Oregon on
Q: Is a cash for keys buyout of my lease taxable income? If so is it regular income or capital gains income?

We lived in the same apartment in Los Angeles for ten years. The landlord let the building degrade over that time refusing to fix basic things like the roof leaking into the bedroom every winter from the start of the lease, not fixing broken security gates & doors, leaving the front gate of the... View More

Andrew M Steiger
Andrew M Steiger
answered on Jan 31, 2020

It’s hard to say without seeing the lease and buyout agreements. In some cases, taxpayers can argue that a payment like that is actually a reduction in the monthly lease payments based on not receiving the value that you initially bargained for. In other words, an adjustment to the purchase... View More

1 Answer | Asked in Tax Law for Oregon on
Q: Why is it no one can question the IRS on fictious liens they place on deceased persons the IRS is a blight on humanity.
D. Mathew Blackburn
D. Mathew Blackburn
answered on Jan 18, 2020

Who said you can't question the IRS. That's really bad news for my career if it's true. Which it's not. Hire a professional if you have an issue with a government agency and challenge their position. It's literally what lawyers are for.

2 Answers | Asked in Real Estate Law, Tax Law and Gov & Administrative Law for Oregon on
Q: The lien is not on the deeds it's on the owner's name that attaches to his assets who owned multiple real properties

The owner is deceased and his probate is a limited judgment the PR can't sell or transfer the titles without court approval. There are co-owners on one title that can't sell their interest due to this limited judgment on one probate co-owner. The probate refuses to dismiss the co-owners... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Jan 18, 2020

Sounds like you should hire someone to help you with that.

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1 Answer | Asked in Tax Law and Business Law for Oregon on
Q: Want to start a trucking company in WA but I live in OR. Want to avoid OR state tax. Ok to do if I get a virtual office?
D. Mathew Blackburn
D. Mathew Blackburn
answered on Nov 14, 2019

If you operate a a WA company from OR WA still taxes you on any income since you're a resident. The only way to avoid that would be to operate the company as a corporation and don't take any salary or dividends.

1 Answer | Asked in Tax Law for Oregon on
Q: Resident of Oregon. International inheritance of roughly $1.1m from Switzerland. Subject to OR State tax?

A little more detail ... Grandmother passed away, grandfather years back. My parents are deceased. My 2 cousins and I are receiving the proceeds of the sales of all properties and accounts split 3 equal ways in accordance with Swiss law. My portion is estimated at roughly $1,085,000.... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Oct 31, 2019

Federally no tax will be owed since you're receiving the funds and the estate was outside the US.

Oregon taxes estates not inheritance, just like federal.

Because your Grandmother was not a resident of Oregon (or the US) the state (and IRS) can't tax her estate. As the...
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