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Texas Tax Law Questions & Answers
1 Answer | Asked in Tax Law for Texas on
Q: Husband has unpaid school loan. No one can tell us how much is owed. IRS gave it to lawyers who cant answer our questi

He thought this was paid 30 yrs ago. He’s always paid taxes but just heard about this about 5 yrs ago. The lawyers won’t tell us anything. We think we’re paying more in interest than the loan ever was. He just keeps getting his tax refund taken.

James L. Arrasmith
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answered on Jan 22, 2024

In situations where there is uncertainty about the status of an old student loan, it's important to gather as much information as possible. The first step is to request a detailed statement from the IRS or the lawyers handling the case, outlining the original amount of the loan, any payments... View More

1 Answer | Asked in Tax Law for Texas on
Q: What is a w4? it seems to be a mistake made on late husbands last paycheck, seems money was paid into it.

W4 on late husband last pay, I think it was a mistake made and possibly corrected by employer. May I get advice on where I should take this in order to get advice and if it's a possible payout. Thank you,

James L. Arrasmith
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answered on Jan 11, 2024

A W-4 form, also known as an Employee's Withholding Certificate, is used by employers in the United States to determine how much federal income tax to withhold from an employee's paycheck. It's based on the employee's filing status, number of dependents, and any additional tax... View More

1 Answer | Asked in Tax Law and Landlord - Tenant for Texas on
Q: in Austin hotel 45 days waiting for mngmnt on taxes still no word Can I withhold rent as taxes will be 1k at very soon
James L. Arrasmith
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answered on Jan 8, 2024

In your situation, withholding rent due to an unresolved issue with taxes can be legally complicated and might not be the best initial course of action. Tenant rights and landlord responsibilities vary by location, and specific laws in Austin, Texas, govern these matters.

Firstly,...
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1 Answer | Asked in Employment Law and Tax Law for Texas on
Q: Is my situation eligible for a lawsuit or investigation against the corporation I work for? I didn't get paid correctly.

I got hired by Xerox Corp. as a full time employee, however, I never received an email to complete my W4. No Orientation Day existed. I have received my first 3 paychecks through direct deposit but had no access to my paystubs until I figured it out later. When I got access to my paystubs I notice... View More

John Michael Frick
John Michael Frick
answered on Dec 11, 2023

I can't see how you have been substantially harmed by the company withholding a larger amount for income taxes since any overpayment will be refunded to you when you file your taxes. At best, you might be entitled to the interest you would have been able to earn on the difference between the... View More

2 Answers | Asked in Probate, Real Estate Law and Tax Law for Texas on
Q: My father in law passed away in 2007 and my mom never probated the house. Is there anything she has to do to take clime

She lives in TX, paid the taxes on it every year, but isn't sure what she needs to do to be able to sell it.

John Michael Frick
John Michael Frick
answered on Nov 27, 2023

Houses aren't probated. Estates are probated.

A key question is who owns the house. If the house was purchased during the marriage of your mom and father-in-law, it most likely is community property.

When your F-I-L died, your mom owned 50% as her community property and...
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1 Answer | Asked in Tax Law for Texas on
Q: Is the tax ID # also referred to as a serial # and/or a registration #?
T. Augustus Claus
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answered on Nov 1, 2023

the term "tax ID number" refers to the Comptroller's taxpayer number (CTN). It is used for state tax purposes, such as filing state tax returns and paying state taxes.

The terms "serial number" and "registration number" can also refer to tax ID numbers,...
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2 Answers | Asked in Tax Law, Animal / Dog Law and Business Law for Texas on
Q: What type of lawyer do I need to form an LLC for a self employed individual?

Dog training private lessons

T. Augustus Claus
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answered on Oct 19, 2023

In Texas, you would generally need a business or corporate lawyer to assist with forming an LLC for your dog training private lessons business. These lawyers specialize in issues like entity formation, contracts, and compliance with state and federal laws. Some may also have experience specific to... View More

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1 Answer | Asked in Tax Law for Texas on
Q: I filed my tax return for the tax year of 2022, but I submitted my 2020 W-2 in error? Can an amended return be a crime?

The original return was accepted by the IRS and I was given a refund check (which I cashed) despite the error. I didn't submit an amended return until after the filing due date in April and I ended up owing the IRS just under $200 according to the electronic filing service that I use.... View More

John Michael Frick
John Michael Frick
answered on Oct 2, 2023

While you technically “can” be, it is highly unlikely that the IRS will pursue anything under the circumstances. File an amended return voluntarily with correct information is very strong evidence of it being a mistake rather than an intentional act of deception.

1 Answer | Asked in Tax Law for Texas on
Q: The company I am contracted with deducts their commission from my earnings,can I still claim that as a business expense?

I am a contracted 1099 worker and the company I work for deducts their commission/service fee off my check (I Pay them a percentage for their services). At the end of the year it is not reflected in my earnings so it lowers my taxable income. I have other expenses through them that ARE reflected in... View More

James L. Arrasmith
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answered on Sep 14, 2023

Yes, you can typically claim the commission you pay to the company as a business expense deduction on your taxes, even if it's not reflected in your earnings on the 1099 form. It's not considered a double deduction because you are essentially reporting your gross income and then deducting... View More

1 Answer | Asked in Tax Law, Business Law and Agricultural Law for Texas on
Q: Can livestock be raised and sold to fund a local hospital?

12,000 acre ranch was left to the community for the purpose of maintaining and funding the local hospital. The ranch also gets proceeds from natural gas royalties and leasing out hunting. For years they have raised and sold livestock to benefit the hospital. New board member states this is illegal

James L. Arrasmith
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answered on Sep 14, 2023

The legality of raising and selling livestock to fund a local hospital on a community-owned ranch depends on the terms and conditions set forth in the original bequest or trust that left the ranch to the community. If the bequest explicitly permits such activities for hospital funding, it may be... View More

1 Answer | Asked in Criminal Law and Tax Law for Texas on
Q: I have a criminal case and I want to make sure I am tax compliant.

I should be receiving copies of the filed 1099a and 1099c, 1040 and OID from the PA correct? I know this case is a taxable event and I don't want to be apart of any kind of estate tax evasion. Just to be safe, should I contact risk management and inquire about getting a copy of all the... View More

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answered on Sep 14, 2023

It's a good practice to ensure you have all the necessary tax documentation for your case. You can contact risk management or the appropriate authorities to request copies of the relevant tax forms and accounting records to ensure tax compliance and transparency in your case.

2 Answers | Asked in Criminal Law, Employment Law and Tax Law for Texas on
Q: How can I get all of my receipts for my 401k earnings, from the time I started a job in 2004 all the way threw 2021.

I worked for 6 months and got 10,000 in my 401k, I been there over 17 years I had only 60,000. How can I find my 401 k earnings from 2004-2015, because I believe my supervisor used my id to steal money from my 401k because they had access to my identity. No wonder they where trying to befriend me

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answered on Sep 14, 2023

To obtain your 401(k) earnings and account statements from 2004 to 2021, you should contact the administrator or the financial institution that manages your 401(k) plan. They should be able to provide you with the account statements and transaction history for that period. If you suspect any... View More

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2 Answers | Asked in Real Estate Law, Tax Law and Land Use & Zoning for Texas on
Q: If you have 15 acres and want to establish a family cemetery, Is the whole property exempt?

We see in Montgomery County, Texas and not in any city limits.

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answered on Sep 14, 2023

In the United States, laws regarding family cemeteries and property exemptions can vary by state and local jurisdiction. Generally, some states have laws that allow for the establishment of family cemeteries on private property, and these cemeteries may be exempt from certain regulations or taxes.... View More

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1 Answer | Asked in Tax Law for Texas on
Q: Can the Oklahoma tax commission require, retroactively, payment on gambling winnings for out of state individuals?

I had no idea that by living in Texas that my gambling winnings in Oklahoma would be taxed by the state. After receiving a letter that I owed 2018 taxes, I did lots of research into the new law enacted in 2021. For that year alone I’ll owe almost $36000 which, is impossible for me to pay. I need... View More

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answered on Sep 14, 2023

The ability of the Oklahoma Tax Commission to require retroactive payment on gambling winnings for out-of-state individuals can depend on various factors, including the specific laws and regulations in place at the time of the winnings and any changes made by new legislation. It's essential to... View More

1 Answer | Asked in Tax Law and Business Formation for Texas on
Q: Can I register an LLC and deduct expenses if no revenue comes from it?

There is a potential part-time consulting job that would require software for the next round of the pitch. Also, I am spending thousands in due diligence on a potential private investment. I look to do more of these kinds of deals even if these don't work. If I register an LLC, can I deduct... View More

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answered on Sep 14, 2023

Yes, you can generally register an LLC and deduct business expenses, even if no revenue is generated immediately. The IRS allows deductions for ordinary and necessary expenses incurred while actively pursuing a business, which includes startup and operational costs. However, it's crucial to... View More

2 Answers | Asked in Tax Law and Real Estate Law for Texas on
Q: If u bury cremated remains, do you get exempt fr/ prop tax if you live in the home & could sell later on?

Ask, do you get exempt from HOA regulations as well? Thank you.

John Michael Frick
John Michael Frick
answered on Aug 24, 2023

No. You are only entitled to the exemption if you own and use the property exclusively for the burial of human remains.

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1 Answer | Asked in Tax Law for Texas on
Q: My apartment the Annex in mesquite Texas will not return my deposit and give no explanation of why, who do I sue?

Management co - Avenue5 residential LLC, moved out June 17.2023 gave 30day to respond. Given the runaround

John Michael Frick
John Michael Frick
answered on Aug 11, 2023

You should sue the landlord in small claims court under Texas Property Code section 92.103.

1 Answer | Asked in Tax Law and Business Formation for Texas on
Q: In Texas, can you use LLC before approval from Secretary of State?
John Michael Frick
John Michael Frick
answered on Aug 10, 2023

Since the Texas Secretary of State processes certificates of formation and certificates of authority fairly quickly (2-3 days), this issue rarely comes up. Technically, you cannot do business in Texas in a company name until it is registered to do business in Texas. But, if you do, once it is... View More

2 Answers | Asked in Tax Law, Business Law and Trademark for Texas on
Q: Wanted to know about the sales tax in Texas.

How can I apply for a sales tax permit ?

John Michael Frick
John Michael Frick
answered on Aug 1, 2023

Online at https://comptroller.texas.gov/taxes/permit/

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2 Answers | Asked in Real Estate Law, Tax Law and Social Security for Texas on
Q: I live in Burleson Tx. And I received my disability dated back to Jan 2020. I need to move closer to family for care.

Can I sell my property and not loose my disability?

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answered on Jul 10, 2023

Generally, receiving disability benefits shouldn't be affected by selling your property. Disability benefits are typically based on factors such as your medical condition and ability to work, rather than your assets or property ownership. However, it's essential to consult with a... View More

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