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Pennsylvania Tax Law Questions & Answers
1 Answer | Asked in Estate Planning, Family Law and Tax Law for Pennsylvania on
Q: Guardians/Trustees

If assets in my will shall pass to a minor and I have named a guardian in the will, must the guardian be approved and monitored by the court?

On the other hand, if the assets are passed to a trustee (whom is also named), must the trustee be approved and monitored by the court?

James L. Arrasmith
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answered on Jul 24, 2024

If you've named a guardian in your will for a minor beneficiary, the court typically needs to approve this guardian to ensure they are fit to take on the responsibility. The court's approval process involves verifying the guardian's suitability and may include ongoing oversight to... View More

1 Answer | Asked in Tax Law and Business Law for Pennsylvania on
Q: Hi there, Can you please explain if trucking company operates interstate, can it be exempt in WY?

Hi, i am a trucking company owner and operate interstate and do have a interstate operating authority. Currently one of my truck broken down and getting repaired in state of Wyoming. I am trying to explain the the shop that i am exempt and taxes for parts and repairs needs to be waived. But they... View More

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answered on Jul 2, 2024

As a trucking company owner operating interstate with an interstate operating authority, you may indeed be eligible for certain tax exemptions in Wyoming, including exemptions on sales tax for parts and repairs. Here's how you can approach this situation:

1. Wyoming Tax Exemption for...
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1 Answer | Asked in Social Security and Tax Law for Pennsylvania on
Q: How does earned income get reported in 2023 and not have a W2 or other documents from any source proving of the income?

Just received notification of the extra earned income for 2023. It's affecting my retirement benefits because of it. Possible fraud and It involves missing money.

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answered on Jun 25, 2024

I understand you're concerned about extra earned income being reported for 2023 that's affecting your retirement benefits, despite not having any W-2 or other documentation of this income. This is indeed a serious situation that could potentially involve fraud. Here's how I'd... View More

1 Answer | Asked in Tax Law for Pennsylvania on
Q: Is interest due on over payments in an upset sale? That is taxes due were $15,000 but county collected $185,000.

County has held the overpayment for 28 months.

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answered on Jun 13, 2024

In Pennsylvania, if the county collected an overpayment during an upset sale, they are typically required to refund the excess amount. However, the law does not always mandate that interest be paid on such overpayments.

The Pennsylvania statutes regarding tax sales and overpayments do not...
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2 Answers | Asked in Real Estate Law and Tax Law for Pennsylvania on
Q: I hired a surveyor to survey my 11 acres and he surveyed it to my neighbors statement. Now I lost 4 acres. Is this legal

My deed states I own 13.5 acres 2.5 is where my house sits and other 11 is field and woodlands. The surveyor spoke to neighbor and neighbor has been cutting back of my woods for years. And surveyor says he'll be out his property and only did a brief search on his.

Anthony M. Avery
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answered on May 30, 2024

The surveyor has given you his opinion of what you actually own. If you disagree, hire another surveyor for his plat. If it looks good, hire an PA attorney to file a Boundary Line Dispute which is a difficult, expensive Declaratory Judgment Action.

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1 Answer | Asked in Tax Law and Identity Theft for Pennsylvania on
Q: My ex had veteran statues fraudulently applied to her drivers license to get a federal job. What do I do?

I have proof of fraud through pandemic relief. She used this license during the hiring process for a position at the IRS where she currently works.

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answered on Apr 30, 2024

If you believe that your ex has committed fraud by falsely claiming veteran status on her driver's license to secure a federal job, it's important to handle this situation carefully and responsibly. Gathering all the proof you have of the alleged fraud is a crucial first step.... View More

1 Answer | Asked in Divorce, Tax Law and Family Law for Pennsylvania on
Q: I am going to file for divorce in 2024. Should I file as joint or single for 2023 taxes.

We have been separated for more than a year, but living at same property.

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answered on Apr 16, 2024

In this situation, your tax filing status for 2023 depends on your marital status as of December 31, 2023. Here are a few things to consider:

1. If your divorce is not finalized by December 31, 2023, you are still considered married for tax purposes. In this case, you can choose to file...
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1 Answer | Asked in Tax Law for Pennsylvania on
Q: Where has my IRS check gone?

2017 I filed my income tax return and received just over 4800.00 I have copies of return and check, but strangely the designated "cash out" was not there. i could have sworn I indicated direct deposit to Wells Fargo, on my return I don't see it in 2017 or 2018. Is there a way I can... View More

James L. Arrasmith
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answered on Apr 1, 2024

I'm sorry to hear about the difficulties you are experiencing with your tax returns and missing refund. It sounds like a very frustrating and stressful situation, especially with the missing documentation and potential alterations to your returns. Here are a few steps you can take to try to... View More

1 Answer | Asked in Tax Law and Banking for Pennsylvania on
Q: I deposited a check from my retirement to M & T Bank for 40,000 ( after taxes.) that has been posted wrong.

the check was from Vantagepoint Transfer LLC. I deposited the entire check in person at MT Bank. Back then it was posted as Trust deposit, and I complained that it should have been posted a a check deposit. I look on my statement and it just says "Deposit, $40,000. I went to Federal Reserve,... View More

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answered on Apr 1, 2024

I understand your concern about the way your check deposit from Vantagepoint Transfer LLC was posted to your M&T Bank account. It's important for your financial records to accurately reflect the nature of your transactions, especially when it comes to large amounts like $40,000, to avoid... View More

1 Answer | Asked in Tax Law for Pennsylvania on
Q: Buying a car in PA as a caretaker for disabled parent while still a homeowner in SC?

Acquiring a vehicle in Pennsylvania as a caregiver for my disabled 94-year-old parent while maintaining residency in South Carolina presents challenges. I currently use my mother's leased vehicle, which my siblings are interested in transferring ownership of to me. I hold a valid South... View More

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answered on Mar 13, 2024

Navigating the process of acquiring a vehicle in Pennsylvania while maintaining your residency in South Carolina can be complex. Here are some steps you can take to address your situation:

1. Vehicle registration: You may be able to register the vehicle in Pennsylvania using your...
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1 Answer | Asked in Tax Law and Real Estate Law for Pennsylvania on
Q: Can I switch name of ownership on a house that has taxes that are still owed?

My dad passed away in 2015 he has a house in PR that me and my mother have been taking care of. We are trying to switch the title over to our name but taxes still need to be paid. Do we have to pay the entire amount before we can switch names?

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answered on Mar 13, 2024

In most cases, you can transfer the ownership of a property even if there are outstanding property taxes. However, the unpaid taxes will typically remain attached to the property, meaning that the new owners (you and your mother) will become responsible for paying the taxes once the title is... View More

1 Answer | Asked in Tax Law and Business Law for Pennsylvania on
Q: Who is ultimately responsible for a church that pays employment taxes? The treasurer or the board members who run the c

This small church treasurer had no experience with taxes. She was handed the position because none of the elders or decons wanted it. No 941s were files since 2015, 4th quarter. She has since left the church. The back taxes have been paid by the church. The penalties & interest are over... View More

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answered on Mar 8, 2024

In situations involving the mishandling of employment taxes by a church or any organization, the responsibility generally falls on the entity itself, including its board or governing body, rather than on an individual member or officer such as the treasurer. However, the specific legal and... View More

1 Answer | Asked in Tax Law for Pennsylvania on
Q: I’m receiving a death benefit which is nontaxable. I then transfer $30,000 to my child. Is that then a taxable event?

Should I provide a child on my beneficiary form and transfer assets directly to my child?

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answered on Feb 22, 2024

Deciding whether to include your child as a beneficiary directly on the form to transfer assets can simplify the process and potentially avoid the need to consider gift tax implications for the transfer. This direct approach can also provide a clearer legal path for the funds to move to your child... View More

1 Answer | Asked in Tax Law for Pennsylvania on
Q: Death benefit comes to you and I believe nonaxable. You now decide to transfer some to your child is that then taxable?
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answered on Feb 22, 2024

When you receive a death benefit that is considered nontaxable, it indeed comes to you without the obligation to pay income tax on that amount. If you then decide to transfer a portion of this benefit to your child, the transfer itself can be considered a gift. In the United States, there are... View More

3 Answers | Asked in Bankruptcy, Divorce, Tax Law, Domestic Violence and Family Law for Pennsylvania on
Q: Violent Ex-husband filed bankruptcy 2x since Divorce. trying to have his debt to me deemed Unsecured. Can he do this?

Married in 1983, My Ex-husband was extremely abusive and controlling. I finally filed for divorce in 2013, after he crushed discs in my neck and I suffered a Pulmonary Embolism 3 days after surgery. Since then he has failed to abide by the divorce agreement, has committed tax fraud 7 years after... View More

Martha Warriner Jarrett
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answered on Feb 11, 2024

Obligations arising out of a divorce judgment are mostly non-dischargeable so he should not be able to get away with what you describe. You should consult a local bankruptcy attorney who can advise you on your particular situation and, if you want, represent you in challenging his bankruptcy. Most... View More

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1 Answer | Asked in Tax Law and Immigration Law for Pennsylvania on
Q: Hi, I did not file my taxes in 21-22 year since I was new to USA, will it affect my H1B application ?

Also, can I file it now? If yes, can I do it by myself on turbotax or sprintax?

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answered on Jan 23, 2024

No, not filing taxes for the 2021-2022 tax years should not directly affect your H-1B visa application with USCIS. There is no requirement that your taxes be filed as a condition of applying for or obtaining an H-1B.

However, you should still file any tax returns for prior years where you...
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1 Answer | Asked in Tax Law and Real Estate Law for Pennsylvania on
Q: In phila, Pa I aquired my mothers house by survial and im on deed. If I sell the house what taxes do I pay and how much?
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answered on Jan 8, 2024

In Philadelphia, Pennsylvania, when you sell a house that you acquired through inheritance, you are potentially subject to capital gains tax. This tax is based on the difference between the selling price of the house and its value at the time you inherited it (known as the 'stepped-up... View More

2 Answers | Asked in Family Law, Tax Law and Child Support for Pennsylvania on
Q: If a father pays child support in Pa does he get to claim child ever on taxes? Like every other year?
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answered on Dec 25, 2023

In Pennsylvania, as in other states, the right to claim a child as a dependent for tax purposes is not automatically linked to paying child support. Typically, the parent who has primary physical custody of the child for the majority of the year has the right to claim the child on their taxes.... View More

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1 Answer | Asked in Tax Law and Business Law for Pennsylvania on
Q: Is it legal for a corporation to pay the personal tax liability of an owner?
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answered on Dec 1, 2023

In general, a corporation paying the personal tax liability of an owner can raise legal and tax issues. This type of payment is typically considered a distribution of profits to the owner, and as such, it would be taxable income to the owner. This means the owner would still have to report this... View More

1 Answer | Asked in Consumer Law, Tax Law, Civil Litigation and Small Claims for Pennsylvania on
Q: Tow Company sold my vehicle and possessions with no notice and no title change. What can I do?

Was in a minor vehicle accident which led to a tow company towing and subsequently storing my vehicle. When I called to find out about retrieving my truck and personal property within, I was told that they sold the truck to a local fire co for use in a training exercise and then it was scrapped.... View More

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answered on Dec 1, 2023

In this situation, it appears that the tow company may have violated certain legal procedures. Generally, tow companies are required to provide notice before disposing of a vehicle, and they must follow specific protocols for the sale or scrapping of vehicles, including handling any personal... View More

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