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1 Answer | Asked in Tax Law for Florida on
Q: I moved out of NJ; Am a full time resident of FL; still work for the same NJ employer. Do I have non-resident NJ wages?

I work out of the employers office in FL. Employer continues to withhold NJ taxes. I visited the NJ office less than 2 weeks a year.

James L. Arrasmith
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answered on Apr 11, 2024

Based on the information you provided, it seems that you should not have non-resident NJ wages, and your employer should not be withholding NJ taxes from your income. Here's why:

1. You are a full-time resident of Florida and no longer a resident of New Jersey.

2. You work out...
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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
James L. Arrasmith
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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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2 Answers | Asked in Tax Law for Tennessee on
Q: In Hardin county Tennessee if I pay 11 years of back taxes on a property can I put a lean on it to gain ownership
Anthony M. Avery
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answered on Apr 9, 2024

No, you would only be paying some other owner's taxes. Hire a lawyer to search the title and contact the Trustee and County Attorney about getting it on the next tax sale. If you are the successful bidder, you will need your lawyer to help you with a deed after the sale is confirmed. You... View More

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1 Answer | Asked in Family Law and Tax Law for Tennessee on
Q: I am legally seperated as of October 2023 with final decree. Do I file as single or married filing separately/jointly?

I'm getting conflicting information. My ex wifes financial advisor says to file married jointly but IRS and TurboTax seem to say file as single.

James L. Arrasmith
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answered on Apr 9, 2024

Based on the information you provided, since your divorce was finalized in October 2023, your tax filing status for the 2023 tax year (which you would file in 2024) should be "single."

The IRS determines your marital status on the last day of the tax year (December 31). If you...
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1 Answer | Asked in Tax Law for Illinois on
Q: Illinois IRS is claiming I owe state taxes from 2017.

I was unemployed, an university student, and still claimed as a dependent at that time. I only filed a 1040-EZ that year. Should I fight this?

James L. Arrasmith
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answered on Apr 9, 2024

It's important to understand why the Illinois Department of Revenue (IDOR) claims you owe state taxes for 2017. Here are some steps you can take:

1. Review the notice: Carefully read the notice from the IDOR to understand the reason for the claimed tax liability.

2. Gather...
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1 Answer | Asked in Tax Law and Banking for Mississippi on
Q: MS Code § 27-7-1103 (2020): Can I transfer funds from my 1st time home buyer savings account to another account?

In reference to MS Code § 27-7-1103 (2020) and MS Code § 27-7-1101 (2020), I have an existing first time home buyer savings account already. Specifically in reference to item #3 in MS Code § 27-7-1103 (2020), can I close the account and deposit the cashiers check into my main bank account a... View More

James L. Arrasmith
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answered on Apr 8, 2024

Based on my understanding of the Mississippi Code sections you referenced (MS Code § 27-7-1103 and § 27-7-1101) here are the key relevant points:

1. MS Code § 27-7-1103(3) states that funds withdrawn from a first-time home buyer savings account must be used for eligible costs related to...
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1 Answer | Asked in Business Law and Tax Law for Washington on
Q: A Law that Employers of a 1099 IC, must give the IC access to all tax related info, including mileage information?

I need certain address from Rover to complete my records for my mileage on taxes. Rover closed my inbox so I can not see the corresponded clients with address to complete my mileage record. Is there any law that says Rover has to give me all the available info for me to complete an accurate tax... View More

James L. Arrasmith
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answered on Apr 8, 2024

As an independent contractor (1099), you are responsible for keeping accurate records of your business expenses, including mileage driven for business purposes. While there is no specific law that requires companies like Rover to provide you with all the necessary information for your tax filing,... View More

1 Answer | Asked in Tax Law for Indiana on
Q: College daughter's permanent address is IN; she earned income in IL. How does she get credit for taxes paid in IL?

Although my daughter's permanent address is in IN, she lived at college and worked in IL all year. Her W-2 forms indicate IL state taxes withheld and she is filing an IL non-resident tax form. She did not earn any money in IN. Why is she being taxed by IN?

James L. Arrasmith
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answered on Apr 7, 2024

Based on the information provided, it seems your daughter's tax situation is as follows:

1. She is a permanent resident of Indiana (IN) for tax purposes.

2. She earned income in Illinois (IL) while attending college there.

3. Her W-2 forms show that Illinois state taxes...
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1 Answer | Asked in Tax Law for Texas on
Q: S-Corp Tax question: On form 1120-S Schedule B line 12, regarding non shareholder debt cancellation, who's debt is it?

Form 1120-S, Schedule B, Other Information, Line 12: The question is: During the tax year, did the corporation have any non-shareholder debt that was canceled, was forgiven, or have the terms modified so as to reduce the principal amount of the debt?

Is the question referring to a debt a... View More

James L. Arrasmith
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answered on Apr 6, 2024

Line 12 on Schedule B of Form 1120-S is referring to a debt that the S corporation owed to a non-shareholder, and that debt was either canceled, forgiven, or had its terms modified to reduce the principal amount.

Here's a more detailed explanation:

1. The debt in question is a...
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1 Answer | Asked in Immigration Law, Employment Law and Tax Law for Hawaii on
Q: Is it ok, if a friend of mine sets up a Gofundme for legal fees and put me as the beneficiary? I am on a O1-B visa.

I am not concerned about the possibility of paying taxes, but if it won't be seen as something outside the scope of my employment. Thank you

James L. Arrasmith
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answered on Apr 5, 2024

As an O-1B visa holder, it's important to ensure that any financial assistance you receive does not violate the terms of your visa or create issues with your employment. Here are a few things to consider:

1. Purpose of the funds: If the legal fees are related to your employment or the...
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1 Answer | Asked in Tax Law for Texas on
Q: Income Tax question, Regarding Inclusion of gains that have been deferred under section 1400Z-2 (a), QOF

May a taxpayer voluntarily elect to include part of the deferred capital gain without disposing of the QOF asset or other IRS defined inclusion event? For example, if the taxpayer deferred $100,000 of capital gains by purchasing $100,000 worth of QOF several years before, and then in a subsequent... View More

James L. Arrasmith
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answered on Apr 6, 2024

Based on the rules for Qualified Opportunity Funds (QOFs) under Internal Revenue Code section 1400Z-2, a taxpayer cannot voluntarily elect to include a portion of the deferred capital gain in their taxable income without a triggering event, such as disposing of the QOF investment or another... View More

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
James L. Arrasmith
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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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2 Answers | Asked in Divorce, Tax Law and Family Law for California on
Q: capital gain exemptions married couple file jointly on settling a house is $500,000What about if sold after divorce

and what to do to keep $250,000 each exemptions in California

David S. Greenberg
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David S. Greenberg
answered on Apr 3, 2024

HOW DOES A MARRIED COUPLE QUALIFY FOR THE $500,000 EXCLUSION?

1. At least one spouse must have owned the home for two out of the last five years. The years can be split up – one in 2019 and one in 2021 – but the time has to equal 730 days out of the past five years.

2. And, both...
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1 Answer | Asked in Immigration Law and Tax Law on
Q: As a CR-1 Green Card holder, do I pay tax of my real estate in the country where I have the majority of income ?
James L. Arrasmith
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answered on Apr 3, 2024

As a CR-1 Green Card holder (conditional permanent resident), your tax obligations depend on your tax residency status in the United States. If you qualify as a U.S. tax resident, you generally need to report your worldwide income to the IRS, including income from real estate located in other... View More

1 Answer | Asked in Tax Law for Illinois on
Q: I received $18,000 in social security disability this last year. Do I need to file an income tax return?
James L. Arrasmith
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answered on Apr 2, 2024

Whether you need to file a federal income tax return depends on your total income, filing status, and age. For the 2023 tax year (filed in 2024), if your only income was from Social Security Disability Insurance (SSDI) and it was less than $25,000 (for single filers) or $32,000 (for married filing... View More

2 Answers | Asked in Divorce, Family Law and Tax Law for Colorado on
Q: my ex-wife claimed all the children as dependents on her tax return.

she is also in contempt of virtually every part of our separation agreement. she has not paid child support, not given me back my belongings, does not follow the parenting schedule, and does not provide the insurance for the children she claimed she would

Christopher N. Little
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Christopher N. Little
answered on Apr 2, 2024

Good Morning,

I am very sorry to hear of your circumstances and know that it can be an incredibly difficult and frustrating experience when an ex-spouse does not follow Court Orders. It sounds like you have several issues going on, including: tax, parenting time, insurance, etc....
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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

James L. Arrasmith
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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

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 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

James L. Arrasmith
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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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