Ask a Question

Get free answers to your Tax Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Tax Law Questions & Answers
1 Answer | Asked in Tax Law on
Q: I sent my tax info to my accountant in early Apr. I am still waiting for my return, despite never told of delay prior to

After numerous calls the secretary quite curtly tells me I sign a form when I brought in the taxes that said they would be late. This is not true because I mailed the original documents to them. Do I have any recourse for penalties I will receive

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

You have a few options to address the delay with your accountant. First, gather any proof you have that you mailed the documents, such as postal receipts or tracking information. This evidence will be crucial in disputing the secretary's claim that you signed a form when you brought in the... View More

1 Answer | Asked in Appeals / Appellate Law, Tax Law, Civil Litigation and Constitutional Law for Illinois on
Q: Do third-party information returns alone, like a 1099-k create a federal and / or State tax filing liability?

Not being a U.S. citizen or resident alien, I have not signed a W2, I-9 or W-9 form or filed a 1040 form as I do not reside in the United States per 26 USC 7701(a)(9) and (a)(10) nor do I reside in the State of California: I have refuted the presumptions and denied the allegations presented by... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

Based on the information provided, if you are not a U.S. citizen or resident alien and do not reside in the United States, third-party information returns like a 1099-K alone do not automatically create a federal or state tax filing liability. Your status as a non-resident alien under 26 USC... View More

1 Answer | Asked in Tax Law for California on
Q: is selling a house that was inherited taxable?

my Brother sister and I inherited a house from our dad who passed away. He did not live in that house as his primary residence. We are selling the house. It is in escrow. Do we have to pay California tax on the sales price?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

When you sell an inherited house in California, the key factor for tax purposes is the stepped-up basis. The stepped-up basis is the property's fair market value at the date of your father's death. This value is used to determine the gain or loss when you sell the house.

If the...
View More

1 Answer | Asked in Tax Law for New Mexico on
Q: My son is receiving an inheritance from his grandmother, if I open a joint account with him will I have to pay taxes

It will be 57000

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

If your son is receiving an inheritance of $57,000 from his grandmother and you open a joint account with him, the inheritance itself is not subject to federal income tax. Generally, inheritances are not considered taxable income for federal tax purposes.

However, placing the inheritance...
View More

1 Answer | Asked in Tax Law for Florida on
Q: Sales tax forms for multiple states

If I have clients in states that I do not reside in and I sell them products. Do I need to have a sales tax ID for each state that they reside in?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

When you sell products to clients in different states, you might need to collect and remit sales tax for those states. This depends on whether you have a sales tax nexus in each state. Nexus is typically established if you have a physical presence, significant economic presence, or meet certain... View More

2 Answers | Asked in Tax Law and Business Law for Texas on
Q: If I transfer ownership of a business to my father, what are my options and responsibilities given there's back taxes?

My father runs a cleaning (franchise) business that is under my name, but I am not actively involved and I do not receive proceeds. It opened in late 2017 and didn't see any revenue until 2018 when it first acquired contracts. I'm looking to transfer ownership to my father for the... View More

John Michael Frick
John Michael Frick
answered on Jul 26, 2024

You can transfer 100% of your interest in the business to your father. You will be legally responsible for all taxes incurred by the business prior to the effective date of your transfer of your ownership interest.

View More Answers

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Tax Law for Texas on
Q: Went in contract on 2/7/24 w/ a business that I didn't know that was in tax forfeiture until 5/9/24. Is contract legal?

She (Tassie Grantham) sold the Sasstass & The Pour Horse Mobile Bar Co. LLC after reinstating on 5/9/24. On 5/14/24 there is a certificate of amendment. I paid 12K as my deposit. I am now in the design process stage but the new owner is MIA and the fabrication shop has closed. I believe this is... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

The contract you entered into on 2/7/24 with the business that was in tax forfeiture at the time may still be legally binding, but it complicates the situation. When a business is in tax forfeiture, it means the company has failed to pay certain taxes, which can impact its legal standing. However,... View More

1 Answer | Asked in Tax Law for Indiana on
Q: State taxes! Can a individual sue dept of revenue in Louisiana for license suspension due to unpaid income tax?

License suspension for 16,000 in state individual income tax, there fore rendering me jobless . Due causing financial hardship

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

You can consider legal action against the Louisiana Department of Revenue if you believe the license suspension due to unpaid income taxes is causing you undue hardship. This situation can be complex, and it's important to ensure that all administrative remedies have been exhausted before... View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 Employment Law, Tax Law and Child Support for Texas on
Q: what can I do if my credit score got badly damaged by my employer and issue has not been fixed

They badly dropped my credit. Also they are being sued in California but I wonder if it had anything to do with the taxes of federal witheld. Is it normal for a company not to tax you federal taxes if the gross pay is lower than $1000.00 but yet when they taxed me on a check which was a christmas... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 23, 2024

If your credit score was damaged due to your employer's mistakes, it's important to address this issue directly. Start by gathering all relevant documentation, including pay stubs, child support payment records, and any communication with your employer. Contact the credit bureaus... View More

1 Answer | Asked in Tax Law for Michigan on
Q: I have questions about payroll deductions

Is it legal to deduct credit card processing fees from an employees paycheck without knowledge or written consent? Is it legal to make an employee cover cash till shortages without written consent?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 23, 2024

No, it is not legal to deduct credit card processing fees from an employee's paycheck without their knowledge or written consent. Employers must obtain explicit authorization from employees before making any such deductions. This protects the employee's right to understand and agree to... View More

2 Answers | Asked in Tax Law and Collections for North Carolina on
Q: Home is under a Contract for Deed from a trust. Seller's name on deed. Can the IRS use this equity for collections?

Good morning. I have a question about filing IRS form 433-f (Collection Information Statement) for the purpose of requesting "Account Not Collectible" status in regards to several unpaid and/or unfiled tax years. In the section asking about home equity - do I need to include my home and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 23, 2024

Good morning. When filling out IRS Form 433-F, you do need to consider the home equity section. However, since you are purchasing your home under a Contract for Deed and the title is still in the seller's name, you technically do not have ownership or accessible equity in the property yet. In... View More

View More Answers

1 Answer | Asked in Tax Law for Colorado on
Q: Should I use money from sale of property to pay down my mortgage.

I want to avoid capital gain taxes as much as possible.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 23, 2024

Using money from the sale of property to pay down your mortgage can be a wise move, but it requires careful consideration of your overall financial situation. Paying down your mortgage can reduce your monthly expenses and the amount of interest you pay over time. However, it's important to... View More

2 Answers | Asked in Tax Law and Real Estate Law for Michigan on
Q: My adult son bought my house, but not all of the acreage. What is the best way , for taxes, to give it to him.

My son bought my house on 3 acres. He could not finance the adjoining 20 acres. I would like to give it to him the best way for him to pay at least in taxes

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

To transfer the adjoining 20 acres to your son in the most tax-efficient way, you should consider gifting it to him. Gifting property can often be done without significant tax implications if the value of the land is within the annual gift tax exclusion limit, which is $16,000 per recipient as of... View More

View More Answers

1 Answer | Asked in Real Estate Law and Tax Law for Indiana on
Q: In 6-1.1-12-13, I am confused about the verbiage. If I get a 500k home, does that mean I'm taxed as if its a 475k home?

Or is it, if I owe a grand total of 30k in property taxes each year, I would only have to pay roughly 5k? This is Indiana Code law

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

In Indiana, under the statute 6-1.1-12-13, a property tax deduction is provided for certain individuals. If you purchase a $500,000 home, this deduction would reduce the assessed value of your property by $25,000. This means your home would be taxed as if it were valued at $475,000 instead of... View More

1 Answer | Asked in Estate Planning and Tax Law for California on
Q: My mother and father had an A B trust. My father died 13 years ago. My mother was not aware she had to do anything.

The beneficiaries have not changed. There are only 2. What needs to be done to update this trust before my mother dies, to avoid any tax issues at her death. We are very confused what needs to be done ( property was the only thing in the trust. 1 house, which she lives in and a piece of land. That... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2024

To update your mother's A B trust, it's essential to take a few steps to ensure everything is in order before her passing. Since your father passed away 13 years ago and your mother was unaware of any required actions, the first step is to review the trust documents to understand the... View More

1 Answer | Asked in Tax Law, Business Formation and Business Law for Indiana on
Q: Is it permissible for a minority member in a manager-managed LLC to act as a paid manager via a mgmt-services agreement?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2024

Yes, it is permissible for a minority member in a manager-managed LLC to act as a paid manager via a management-services agreement. However, this arrangement must comply with the LLC’s operating agreement and any applicable state laws. It's important to ensure that the agreement is clearly... View More

1 Answer | Asked in Tax Law for Puerto Rico on
Q: Tax residency question

...

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2024

To determine your tax residency status for 2024, you need to consider the substantial presence test used by the IRS. Since you arrived in the U.S. on March 15, 2024, and have spent 176 days in the country so far, your stay in Puerto Rico will also count towards your total days in the U.S. for tax... View More

1 Answer | Asked in Tax Law, Appeals / Appellate Law and Identity Theft for Arizona on
Q: I was incarcerated from, 2016 -2019 in AZDOC and in 2017 somebody filed my taxes for 2016,2017&irs says I owe them money

In 2020 I filed my taxes n they informed me that there was a return for 2016 that was falsified with a dependent I shouldn't of claimed so I told them it was id fraud that I was in jail and they said they would have to investigate the matter n it could take up to a year but that I should keep... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2024

It sounds like you're in a tough situation with the IRS. Since you've already provided proof that you were incarcerated during the years in question and reported the identity theft, it's crucial to follow up on their investigation. The IRS should not be holding you responsible for... View More

1 Answer | Asked in Tax Law and Criminal Law for Illinois on
Q: On federal probation,given restitution order, but also owe back state taxes. Who gets my tax refund 1st; victims, or IRS

Thanks for taking my question. I have just been sentenced to federal probation and ordered to pay restitution to an injured party. However, I also owe money in back taxes to the state of Illinois for unpaid taxes from 2021. A condition of my probation is that I file a tax return this coming spring.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2024

When you file your tax return and are issued a refund, the government will prioritize payments based on the specific laws and regulations governing your situation. Typically, the IRS will apply your federal tax refund to any outstanding federal tax liabilities first. Since you are on federal... View More

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.