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Texas Tax Law Questions & Answers
0 Answers | Asked in Elder Law, Public Benefits and Tax Law for Texas on
Q: Do I report a class action settlement to my subsidized apartment?

As a retired senior living in a tax-credit-subsidized apartment in Texas, I've received a lump sum settlement from a class action related to a cancer diagnosis issue. I've never reported other settlements because I've never received any before. My lease doesn't state that I have... View More

0 Answers | Asked in Real Estate Law, Tax Law and Civil Litigation for Texas on
Q: Should I answer a Texas estate summons for delinquent property taxes?

I am listed as an heir to a Texas estate that only has a property asset with past due property taxes. I live in New Mexico and have been served with a 'Citation in Delinquent Tax Suit' on March 10th. There are six other heirs, and we have discussed the situation but have not taken any... View More

1 Answer | Asked in Divorce, Real Estate Law and Tax Law for Texas on
Q: Am I entitled to part of a gifted house in a divorce?

I am in Texas, and my mother-in-law gifted a house to my wife and me because she didn't want to pay property tax, and I am exempt. Both my wife and I are on the deed, and I have renovated the flooring and painted the entire house. Although my wife has not made any financial contributions... View More

Raymond Chow
Raymond Chow
answered on Feb 28, 2025

It depends. Everything is presumed to be community property unless there is clear and convincing evidence that the property is separate. If she alleges it's her SP, then she has to prove it. Your spouse would have to prove that the gift was only to her and not to you both. If the judge... View More

0 Answers | Asked in Tax Law for Texas on
Q: Is a tax relief company like Optima Tax Relief worth it for my federal tax debt issue?

I owe federal taxes totaling $17,020 for the years 2021, 2022, and 2023. Recently, I received IRS notices for 2021 and 2023, suggesting monthly payment plans of $84 and $153, respectively. However, when I attempted to set up these plans online, the IRS website indicated they were not available for... View More

0 Answers | Asked in Employment Law and Tax Law for Texas on
Q: Filing status and dependents changed on W-4, HR error, seek legal help.

I received my W-2 for 2024, and I noticed my filing status was altered from what I had originally set on my W-4. My dependents were changed, and unauthorized deductions for a job expenses card appeared, for a card I never had. HR acknowledged the error, noting it occurred when I wasn't even... View More

1 Answer | Asked in Real Estate Law, Tax Law and Gov & Administrative Law for Texas on
Q: see more information

Can a cousin that stayed no more than a few days at my Mothers home a time over a period of a few months while in town on business used her address to receive mail from the IRS, file a lien on the house listing him as grantor and IRS as grantee for debt over $200,000? I don't think he ever... View More

John Michael Frick
John Michael Frick
answered on Jan 29, 2025

It is likely that the IRS simply filed a tax lien because your cousin used that address as her mailing address on communications with the IRS. the lien only attached to your cousin's interest and she doesn't have any interest.

Your mother can probably file a proceeding to have the lien released.

2 Answers | Asked in Tax Law, Banking and Business Law for Texas on
Q: I had to reinstate my company after tax office failed to pay franchise taxes. Do I have to get a new bank account?

I had to reinstate my company after tax office failed to pay franchise taxes. The tax office paid all the fees and reinstated the company. It looks like I received a new taxpayer id number. Does this mean I have to get a new bank account? Do I have to do anything different now that I reinstated the... View More

John Michael Frick
John Michael Frick
answered on Jan 2, 2025

First, there was no reason your company needed to get a new taxpayer ID number. Second, there is no reason it should need to get a new bank account with the caveat that you need to ascertain why a new taxpayer ID number was obtained. Presumably, your bank is using your company's original... View More

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2 Answers | Asked in Tax Law for Texas on
Q: Transferring motor vehicle from personal to LLC of which I am sole, 100% owning member. Can sales tax be waived?

Texas sales tax question

John Michael Frick
John Michael Frick
answered on Jan 2, 2025

This type of transfer would typically not result in the payment of sales tax.

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2 Answers | Asked in Tax Law and Gov & Administrative Law for Texas on
Q: Moved to Texas from out of state. Got my vehicle inspected almost immediately. Got caught up with new job and missed the

30 day window to register the car. Now they’re telling me I have to pay sales tax on the full retail price of the car. I didn’t even buy the car, I leased it. How could there be a $2700 penalty (the sales tax) for missing the 30 day window? This is egregious.

John Michael Frick
John Michael Frick
answered on Dec 24, 2024

You should not have to pay that penalty as long as your motor vehicle was properly registered in your name in another US state.

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1 Answer | Asked in Immigration Law and Tax Law for Texas on
Q: I’m an F1 student and was misinformed about premium tax credit eligibility. Marketplace showed I qualify. How do I repay

I was misinformed by an insurance agent that I qualified for a premium tax credit in the marketplace, and the marketplace also showed I was eligible. However, I later learned I am not eligible. How can I resolve this and correct my eligibility status? Should I contact the marketplace or IRS to... View More

James L. Arrasmith
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answered on Dec 17, 2024

You'll need to take prompt action to address this premium tax credit situation. Contact the Marketplace immediately to report that you're not eligible as an F1 student - this helps establish good faith effort to correct the error and may help reduce any penalties.

For the tax...
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1 Answer | Asked in Immigration Law and Tax Law for Texas on
Q: I’m on f1 student and in my market place it shows I’m eligible for premium tax credits of 350$ per month. Can I use it ?

Does it any effect on my immigration?

James L. Arrasmith
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answered on Dec 15, 2024

For F-1 students, it's important to know that receiving Premium Tax Credits (PTC) through the Health Insurance Marketplace could potentially impact your immigration status. These credits are considered a form of public benefit, and using them might raise concerns during future immigration... View More

1 Answer | Asked in Health Care Law, Immigration Law, Insurance Bad Faith and Tax Law for Texas on
Q: I’m an f1 student can I take premium tax credit for health care plan. Would it effect my immigration in future?
James L. Arrasmith
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answered on Dec 15, 2024

In most cases, F-1 students are not eligible for Premium Tax Credits (PTC) through the Health Insurance Marketplace because you need to be a U.S. citizen or have lawful permanent resident status to qualify.

If you're on an F-1 visa, you typically have different healthcare options...
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2 Answers | Asked in Tax Law for Texas on
Q: Is a Supersedeas Bond waived if the defendant has filed an Affidavit of Inability to Pay?
John Michael Frick
John Michael Frick
answered on Dec 24, 2024

No. But there is a separate process to stay the enforcement of a judgment pending an appeal if the defendant lacks the financial ability to post a supersedeas bond in the amount prescribed by law. You need to hire a very experienced appellate attorney to assist you with this process.

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1 Answer | Asked in Tax Law, Business Formation and Business Law for Texas on
Q: Can I use an LLC I started for photography to publish a book that's not about photography?

Are there any legal or tax implications I should be aware of if I use my existing photography-focused LLC to publish a non-photography related book, and do I need to update my LLC’s operating agreement or business filings to reflect this new activity?

Jeff Trevillion Jr.
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Jeff Trevillion Jr.
answered on Dec 23, 2024

Generally, a limited liability company (LLC) or other business entities may conduct any lawful business, unless the type of business operations were restricted at the time of formation with the secretary of state. Normally, broad and generalized language is used when forming a business entity... View More

1 Answer | Asked in Family Law and Tax Law for Texas on
Q: What is a arraignment on my court day but I never got arrested
James L. Arrasmith
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answered on Oct 29, 2024

An arraignment is your first court appearance where you are formally notified of the charges against you. Even if you weren't arrested, you might still receive a summons to appear in court. This ensures you are aware of the legal proceedings and have the opportunity to respond to the charges.... View More

2 Answers | Asked in Family Law and Tax Law for Texas on
Q: My dad died and left his house without a will. How do I transfer the deed into my name?

I have 6 sibling and one deceased sibling.

John Michael Frick
John Michael Frick
answered on Oct 28, 2024

Probate your father's estate intestate and have your six living siblings and any issue of your deceased sibling deed the house into your name.

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1 Answer | Asked in Estate Planning and Tax Law for Texas on
Q: If I sell my company in TX and want split $ in thirds & gift to my two children, how do I pay the least taxes? 3 trusts?

60 year old company, appraised at $9m

If all proceeds go into my one trust and then I distribute it, will the taxes be the same as putting proceeds into 3 separate trusts?

James L. Arrasmith
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answered on Oct 22, 2024

When planning to sell your Texas company valued at $9 million and distribute the proceeds to your children, it's important to consider the tax implications carefully. Splitting the funds into thirds and using trusts can be an effective strategy to manage taxes and ensure your wishes are... View More

1 Answer | Asked in Tax Law, Business Formation and Business Law for Texas on
Q: How can I open a company with workforce being in another country.

Hello, I need some legal advice. My friend has a company in Pakistan, and I'm interested in opening a similar company here in the US as an LLC . The workforce would be based in Pakistan and my friend will be handling that.

I'd like to know the best way to go about setting this up,... View More

James L. Arrasmith
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answered on Oct 16, 2024

Starting an LLC in the US with a workforce in Pakistan involves several key steps. First, decide whether to form your LLC in North Carolina or Texas by comparing their specific filing requirements and fees. Once you’ve chosen the state, file the necessary formation documents with the state’s... View More

1 Answer | Asked in Real Estate Law and Tax Law for Texas on
Q: Im selling two adjacent properties in Texas one is our primary residence, w/loan second no mortgage.

Total profit for both is $555k

We do qualify for capital gains deduction on the first home. Cash buyer wants one transaction can we separate funds after for taxes

James L. Arrasmith
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answered on Oct 3, 2024

When selling two adjacent properties in a single transaction, it’s important to carefully consider how the funds are allocated to maximize your tax benefits. Since one property is your primary residence, you may be eligible for the capital gains exclusion on up to $250,000 of profit ($500,000 if... View More

2 Answers | Asked in Real Estate Law, Tax Law and Landlord - Tenant for Texas on
Q: I am in ownership with a house and land with two other family members passed down from my father.

The taxes are delinquent from the youngest child living there for 13 yrs. I am the only one who has interest in the property. The current residence doesn't want to relocate until the time of auction. Please help to keep my father's home

James Clifton
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James Clifton
answered on Sep 30, 2024

If you would like to keep the property, you will need to make arrangements to buy out your two other siblings interest in the property. Once you have done that, you can force the sibling living there to leave. You will then solely be responsible for the payment of taxes, maintenance, upkeep, etc.... View More

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