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Texas Tax Law Questions & Answers
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

James L. Arrasmith
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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.

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

James L. Arrasmith
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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

James L. Arrasmith
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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 and Tax Law for Texas on
Q: Texas Property Code section 51.009, how do i make sure that if i win the property will be free of all liens?

this property has gone thru litigation and being sold for unpaid property taxes. Fort Bend Independent School District v the owner

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

Commission a title company to do a title search to determine if there are any liens on the property.

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1 Answer | Asked in Civil Litigation and Tax Law for Texas on
Q: Hello, I am told I have 2 years to remove my homestead exemption on a rental property. I need to find this law to refer.

I have a rental property I rented out in December 2013 I requested to remove my homestead exemption in 2015 and it took affect in 2016. I was incarcerated in December 2013. Can you refer me to the law that says I have 2 years after renting to remove my homestead exemption. 11.13 sec. K does not... View More

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

Texas Tax Code section 11.13(k)(1)(1)

1 Answer | Asked in Tax Law and Real Estate Law for Texas on
Q: Two sons had older mobile home destroyed in flood in LaGrange, Tx. Both claimed for personal property with FEMA.

Only the older, more responsible son claimed for the house with FEMA. With FEMA money a residential lot was purchased and a new house was built by Mennonites. I did all the paperwork and put the deed in only that one son's name. Now , years later, the other son has been given 100% disability... View More

John Cucci Jr.
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answered on Apr 25, 2023

Adding someone to a deed is serious business. Do not take it lightly. People fight over it all the time.

If the present owner wishes to add his brother as an owner, it should be for a reason other than to escape taxes.

I believe the 100% disabled vet needs to only own a portion of...
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1 Answer | Asked in Divorce, Copyright, Tax Law and Collections for Texas on
Q: Can I file for a divorce and ask for the fees and court cost to be waived and then attain a lawyer through the courts

I'm in a very abusive and neglectful common law marriage . He is currently awaiting to appear in district court for violating his probation that he received the last time he threw me around and down and busted my mouth. I don't have money for legal counsel he has abandoned me and stopped... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 24, 2023

Contact legal aid organizations in your area, they may be able to connect you with a pro Bono attorney.

1 Answer | Asked in Tax Law, Identity Theft, Social Security and White Collar Crime for Texas on
Q: Can an individual be compensated for use of their info?

If an organization takes an individuals credentials to create an entity that generates revenue and income, is that individual entitled to some type of compensation?

James L. Arrasmith
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answered on May 2, 2023

It depends on the specific circumstances and the laws of the jurisdiction in which the individual resides. In some cases, individuals may have legal rights to compensation for the use of their personal information, particularly if the organization is using the information for commercial purposes... View More

1 Answer | Asked in Real Estate Law and Tax Law for Texas on
Q: What is subchapter N in reference to real estate?
John Michael Frick
John Michael Frick
answered on Mar 29, 2023

Subchapter N of which chapter of which Code?

1 Answer | Asked in Tax Law for Texas on
Q: I have a question about taxes that I filed for 2021 year.

In 2020 I contributed to trad IRA $6000 as after tax money and bought some ETF with this. I used form 8606 to report them as nondeductible contributions. In 2021 I sold those ETF on tad IRA and got $5986. So it was loss of $14. Now I added additional $6000 as after tax money to trad IRA. So in... View More

Louis T. Wierenga
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answered on Mar 23, 2023

You need to enter your basis (amount your contributed that was nondeductible). Based on what you shared, the result should be no taxable distribution.

1 Answer | Asked in Adoption, Child Custody, Family Law and Tax Law for Texas on
Q: Are there grandparent rights in Texas? If not what could I do to get custody of my granddaughter?

My grand daughter has lived with me since she was born, her mother has child abuse record and father is unstable no house no car smokes weed and his girlfriend is on antipsychotic medications she hears voices telling her to harm her self. The baby has lived with me all but 2 months of her life... View More

Sharita Blacknall
Sharita Blacknall
answered on Mar 14, 2023

Texas law does not grant automatic visitation or custody rights to grandparents. However, if the child has been living with you for more than six months, you are be eligible to ask for custody of the child as a non-parent under Texas Family Code section 102.003.

2 Answers | Asked in Copyright, Tax Law, Business Formation and Business Law for Texas on
Q: Where can i file the cheapest LLC in Texas?
John Michael Frick
John Michael Frick
answered on Mar 12, 2023

All limited liability companies are registered with the Texas Secretary of State. The filing fee is the same statewide.

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1 Answer | Asked in Tax Law for Texas on
Q: To file Form 1041, the Trust needs to have gross income of $600 or more and any taxable income for the tax year.

If all I have $67 and $134 in Total Ordinary dividends in two separate Trusts, am I required to file? Are these considered taxable income?

Louis T. Wierenga
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answered on Mar 23, 2023

If there are no other elements to the returns, you should not need to file.

1 Answer | Asked in Tax Law for Texas on
Q: Is it possible to remove my name from estate as heir in Texas?

It’s my deceased grandfather homes, my father is deceased as well & I’m next to kin, including multiple other family members. Taxes are owed and county is trying to serve me and other family members for delinquent taxes.

I never had a relationship with my father or his dad, but now... View More

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

The tax authorities are required to name you as a potential heir.

You can disclaim your inheritance rights and won’t be held personally responsible for any unpaid taxes.

The tax authorities will foreclose on their tax lien against the property and sell it to satisfy the unpaid...
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1 Answer | Asked in Tax Law and Gov & Administrative Law for Texas on
Q: Is it legal for irs to take my taxes for my kids dads debt? Never married.

I claimed him on my taxes or may have filed jointly back in 2017. We have never been married. Last year I was supposed to get 8913 back and irs took all of it. They said that he owed a debt from 2017, the only year I ever claimed him. This year they took 6271 because my last year taxes didn’t... View More

John Michael Frick
John Michael Frick
answered on Feb 18, 2023

You can’t file jointly if you were never married.

Because you filed jointly, the IRS likely believes you are married pursuant to common law in Texas.

Ordinarily, the IRS cannot retain one taxpayer’s tax refund to offset the debt of another taxpayer.

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