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Pennsylvania Tax Law Questions & Answers
0 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Tax Law for Pennsylvania on
Q: My fiance and I bought a house for us to live in and shortly after we had to move in our parents. They are paying

They are paying for utilities and we are paying for the mortgage. If they fail to pay utilities and we are unable to see it and they end up going into debt will that debt fall on us since we are the homeowners

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Tax Law for Pennsylvania on
Q: If a post office was to forward you letters about your stimulus payment but return the payments to the sender would it

Be considered mail tampering. I have received the letter 1444c three times to my forwarded address but they returned the payment for the notice three times they know what they are doing and I want to know if I could perhaps file a complaint against that post office or whoever is in charge ect.

Peter N. Munsing
Peter N. Munsing answered on Oct 14, 2021

No. They are not supposed to forward certain things. You need to be sure that the IRS and the government have your proper address. Discuss this with your Congressperson--they have information on how you can get your payments.

2 Answers | Asked in Tax Law and Collections for Pennsylvania on
Q: is there anyway to fight back against the IRS regarding my situation ?

for 2020 I owed $7200 on April 15th to the IRS but I accidentally dated it for 2021 and now they refuse to transfer the $7,200 from 2021 to 2020. so essentially my $7,200 is just sitting there being unused because im no longer self employed so I no longer need to make quarterly payments. I'm... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Sep 4, 2021

(1) If you can find the right person to talk with in the IRS, your problem should be resolvable. When you contact the IRS, keep asking for the next higher supervisor until you get someone who will work with you.

(2) Other than that, on January 1st, 2022, file your 2021 return, show the...
Read more »

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1 Answer | Asked in Tax Law for Pennsylvania on
Q: If my mom claimed my son on her taxes without my permission can I sue for lost wages
Linda Simmons Campbell
Linda Simmons Campbell answered on Aug 1, 2021

If your mother claimed your son and you have not filed yet for that tax year, you can file a paper return and claim him yourself. Include a note explaining that your mother claimed him incorrectly. The IRS will then ask both of you to prove who provided the majority of his support. This can... Read more »

2 Answers | Asked in Tax Law and Probate for Pennsylvania on
Q: Pa inheritance tax method? Mom died. the 100 acre farm(Pa) in clean and green will be sold outside of family.

One person said to use C & G assessment value instead of fair market value to compute inheritance tax. True?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Apr 8, 2021

PA inheritance tax on bequests to child/children is five percent. When that is paid, the property enjoys a "stepped up basis", so that on a subsequent sale of the property, any capital gain is computed as the difference between the stepped up basis and the sale price, both for PA and... Read more »

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1 Answer | Asked in Tax Law for Pennsylvania on
Q: I am an educator. Can I deduct legal fees on my taxes for non criminal charges to protect my professional license ?
Peter N. Munsing
Peter N. Munsing answered on Feb 23, 2021

That is more a question for a CPA than an attorney. As the fees are only secondarily related to the license my feeling is no, but I am not a tax specialist and CPA's are.

1 Answer | Asked in Real Estate Law and Tax Law for Pennsylvania on
Q: How do you sell a house after the person passed away? What would those named executors have to do to sell the property?

Woman passed away, leaving an UN-NOTARIZED will to her 3 sons - naming 2 of the 3 executors. There is a house to sell. What needs to be done to sell the house? Can the two executors sell it?

Steven J. Fromm
Steven J. Fromm answered on Feb 6, 2021

The first step is to probate the will at the Register of Wills in the county where the decedent lived at the time of death. Once letters testamentary and short certificates are obtained, then the executors have the authority to sell the house.

Right now there are special procedures that...
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1 Answer | Asked in Tax Law for Pennsylvania on
Q: My wife is joint owner on a bank account with her father. He recently passed. What are the tax implications to her?

Also, the intention is to split with her brother. How should this be done such that his tax implications are separate from ours? Bank and brother are in NY, we are in PA.

Steven J. Fromm
Steven J. Fromm answered on Jan 31, 2021

It is unclear if the father is a PA or New York resident. If we assume the father was a PA resident at his death, then the joint bank account will be taxed by PA at 50% of its value on the date of death and at 4.5%. This assumes that the account existed as a joint account for more than one year... Read more »

1 Answer | Asked in Tax Law for Pennsylvania on
Q: My wife is joint owner on a bank account with her father. He recently passed. What are the tax implications to her?

Also, the intention is to split with her brother. How should this be done such that his tax implications are separate from ours? Bank and brother are in NY, we are in PA.

Steven J. Fromm
Steven J. Fromm answered on Jan 31, 2021

Please see my January 14, answer to this identical question.

1 Answer | Asked in Tax Law, Business Formation and Business Law for Pennsylvania on
Q: Filing a single member LLC in PA as a CPA, are tax preparation services considered restricted professional services?

I am filing an LLC in Pennsylvania to provide general accounting service and preparing tax as a CPA, are the services to be provided considered restricted professional services? The LLC will be a single member LLC. The member is a licensed CPA. No public accounting (typically Auditing or advisory)... Read more »

Michael Cherewka
Michael Cherewka answered on Jan 11, 2021

The term "public accounting" as defined in TItle 15 (Section 8996(d) is broader than auditing and advisory services. In fact it specifically lists preparation of tax returns in your capacity as a CPA.

1 Answer | Asked in Business Formation, Land Use & Zoning and Tax Law for Pennsylvania on
Q: Is it possible to operate a nonprofit and an unrelated for profit business on the same land?

I, along with 3 others (one of whom is my husband) are looking at buying a large plot of land. Two of us have experience farming and we would like to farm the land for personal use. We would also like to provide food from the farm to those in need. So we would like to apply for nonprofit status and... Read more »

Michael Cherewka
Michael Cherewka answered on Dec 7, 2020

The "simple" answer to your question is it is possible to operate a non-profit and a for-profit on the same land. However the more important and complex questions are (i) does it make sense from a tax and business point of view; and (ii) what are your for-profit goals or objectives. You... Read more »

2 Answers | Asked in Tax Law and Social Security for Pennsylvania on
Q: Unrecorded income

Hello,

Income I made from 1992 to 1994 was not recorded even if I filed my taxes for those years. I contacted my ex-employer and they gave me a confirm letter with my salaries for the years I worked, but the letter is not considered as proof by the social security office. I just dont know... Read more »

Steven J. Fromm
Steven J. Fromm answered on Nov 15, 2020

If you have copies of your tax returns for those years, I would call the social security administration to see if they could update their records accordingly. If they cannot do it, then this gets to be a harder task. You could contact the IRS (good luck with that these days with their limited... Read more »

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1 Answer | Asked in Real Estate Law and Tax Law for Pennsylvania on
Q: Went to court in July for my house judge ordered a pay and stay we have done that every month

The property manager is trying to throw us out in 10 days by q constable when we called the judges office we were told we could appeal it is that right or no

Kent Petry
Kent Petry answered on Oct 22, 2020

Check your court paperwork, and if the judge's office told you that you were able to, you should certainly take advantage of that option. Without more information, it is difficult to speak to your specific situation, but at least in general there is a CDC issued stay on evictions for... Read more »

2 Answers | Asked in Real Estate Law and Tax Law for Pennsylvania on
Q: I want to buy a piece of property that has back taxes owed on it. who is responsible to pay those taxes. Thank you.
Elizabeth Tarasi
Elizabeth Tarasi answered on Oct 22, 2020

The owner of the property. The taxes will be paid at the closing.

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1 Answer | Asked in Divorce and Tax Law for Pennsylvania on
Q: What do I need to do to receive my Stimulus if my ex wife received it?

My ex wife and I filed our taxes jointly in 2019 despite going through an amicable divorce that was effective 01/14/2020.

She received my stimulus and did forward it to me, reluctantly, indicating she wanted her stimulus and some of mine. There are talks of possible additional stimulus... Read more »

Zaher Fallahi
Zaher Fallahi answered on Apr 27, 2020

You were not married when she received the check, one half of which belongs to you because of your marriage during 2019. You need to work it out with her and let her know that you are legally entitled to ½ of the money. Probably, it is not worth to ask attorney to write a letter to her. I hope... Read more »

1 Answer | Asked in Tax Law for Pennsylvania on
Q: Hi i'm a singaporean i'm planing on giving my Boyfriend in Philly $23,000 in Cash like cash.. for his 23rd birthday.

Since i'm a non us citizen and that money wasn't earned in the US would any of us have to pay Tax?

D. Mathew Blackburn
D. Mathew Blackburn answered on Mar 26, 2020

Not taxed. It is required to be reported.

1 Answer | Asked in Real Estate Law and Tax Law for Pennsylvania on
Q: Im on house deed &title along with my BF & am being told that as part of the transfer to me only there are tax. True?

Hi, I'm in the process of remortgaging my house to put the loan in my name solely and to remove my boyfriend from the deed/title. The mortgage company is telling me that there is a transfer tax for the transfer of the deed, but I'm already on the existing deed; is it true that I also have... Read more »

Elizabeth Tarasi
Elizabeth Tarasi answered on Mar 24, 2020

There is a realty transfer tax that will be assessed when you record the deed.

1 Answer | Asked in Child Support and Tax Law for Pennsylvania on
Q: My boyfriend receives support in PA. The mother was $1200 behind for the tax year just ending (2019)

Her taxes were to be intercepted for the past due amount yet he only received $500 from her federal and $165 from her state. Why did he not receive the whole $1200 she owes??? We talked to domestics all they know is that the put in a form to intercept, that is all. Wheres the rest of the $$$. She... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Mar 17, 2020

Are you sure she was supposed to receive more then what you were sent? The only other reason that I know of why you would not have received the full amount is she may have owed additional debts that had priority or the state did not update the records to indicate the full amount she owed. Also if... Read more »

1 Answer | Asked in Tax Law for Pennsylvania on
Q: If the IRS made mistake, and took your taxes how to you get them back?

IRS took my 2019 Taxes said I was self employed in 2018, Which I was not worked for the same company for 13 years. I have called 3 to 4 time and talked to 4 Different agents and they don't seem to know why and kept asking was I self employed and one agent said someone messed up somewhere.

Linda Simmons Campbell
Linda Simmons Campbell answered on Mar 10, 2020

If the amount is high enough to make it worth your while to hire a tax attorney then you may want to go ahead and hire someone. If the amount is too low then I recommend calling the taxpayer advocate to see if they can assist you. Trying to resolve this on your own may get very frustrating.

1 Answer | Asked in Tax Law for Pennsylvania on
Q: Do I have to pay PA state tax on a lump sum life insurance pay out?
Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2020

Generally no.

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