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Virginia Tax Law Questions & Answers
1 Answer | Asked in Tax Law and Child Custody for Virginia on
Q: How can I prevent my child's father from claiming her on federal tax return ?

My daughter lives with me she only sees her dad on his days off from work however he's claimed her on taxes the last 4 years. He refuses to let me claim her. He doesnt give me any of the money for her expenses. How can I keep him from being able to claim her!!

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 21, 2019

The IRS does not allow both parents to claim an exemption for the same child. Your child custody agreement should tell both of you who is entitled to claim your daughter; some parents rotate each year; others allow one or the other to claim the child. If you have some written proof that you earned... View More

1 Answer | Asked in Education Law and Tax Law for Virginia on
Q: Can you go after The Department of Education for wrongfully taking full tax refund

My student loans were in default but through the department of education I was placed into a rehabilitation program. I made every single payment each month, I never missed a single one. I am out of default and made all required payments to the program. My tax refund was taken in full by the... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 30, 2019

The Department of Education did not violate any laws by taking your IRS refund check as partial payment on your federally insured student loan. Regardless of whether or not your rehab program is up-to-date, the fact remains that you are still in arrears on the student loan debt. Additionally, since... View More

1 Answer | Asked in Tax Law for Virginia on
Q: Tax consequences of adding adult child as Joint Account owner to an elderly parent’s existing savings account.

What are the tax consequences of adding an adult child as a Joint Account owner to an elderly parent’s existing savings account? Would a withdrawal from the Joint account by the adult child fall under the gift tax, or would it be considered a shared asset?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 24, 2019

Yes. Try looking at it this way: If an elderly parent gives the adult child $30,000 in cash, that gift would have to be reported as a gift--on both returns. The same rules apply to savings accounts, or any other gifts.

1 Answer | Asked in Tax Law for Virginia on
Q: Is it legal to be taxed in multiple states for vehicle personal property?

I have a home in NC and VA and do not rent either of them. I travel between the two houses. I am a NC resident and pay vehicle personal property tax to my county in NC. I received notice from the county in VA that I'm being treated as a tax evader because my vehicle was reported as garaged... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 1, 2019

As in all states, there is an administrative appeal process available in Virginia to allow you to challenge the Virginia assessment; it does not require a lawyer. However, it is usually best to pay small tax assessments rather than try to challenge or litigate them. The law even has ancient advice... View More

2 Answers | Asked in Contracts, Family Law and Tax Law for Virginia on
Q: What is a valid disclaimer of marital interest in Virginia and how do I go about drafting such a disclaimer?

My wife is in the process of making a business investment, however I as the husband can't be party to the the business and I need to make a disclaimer to that effect. Essentially a disclaimer of marital interest.

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Mar 30, 2019

Spouses in Virginia can enter into enforceable marital agreements under Virginia Code Section 20-155 of the Virginia Premarital Agreement Act. These agreements take different forms, including prenuptial agreements or antenuptial agreements, marital agreements, separation agreements, stipulations... View More

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1 Answer | Asked in Tax Law for Virginia on
Q: how do i install an installment agreement for the payment of taxes ?
D. Mathew Blackburn
D. Mathew Blackburn
answered on Mar 28, 2019

You'll need a Form 9465, 433F, and 433D.

Fill those out and follow the instructions for submission.

https://www.irs.gov/payments/payment-plans-installment-agreements

There's a online submission process. It rarely works properly.

1 Answer | Asked in Tax Law for Virginia on
Q: I own a house in VA that I have rented out. Now I moved back in and want to sell. Do I owe extra taxes?
D. Mathew Blackburn
D. Mathew Blackburn
answered on Mar 27, 2019

You'll have to calculate depreciation recapture on the conversion from business to personal property and pay ordinary income taxes on the recapture. The you'll pay capital gains taxes on the gain on sale. Unless you qualify for the personal residence exemption. It's hard to say... View More

1 Answer | Asked in Tax Law for Virginia on
Q: any tax advantages to have a old cemetery on property.
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Mar 27, 2019

Probably not--especially if the property owner has no income from the cemetery and no expenses related to it. If the owner is paying state or local property taxes on the entire piece of property containing the old cemetery they may want to look at prorating the R/E taxes attributable to the... View More

2 Answers | Asked in Tax Law for Virginia on
Q: I need to repay the IRS for having excess income related to the ACA financial guidelines. See below for more info.

I am finding it difficult to locate an attorney with direct experience in that area. How do you best search for a lawyer who has such focused experience ? I live near Front Royal/Winchester but travel to Northern VA frequently.

Background: I have been unemployed for several years and had... View More

Linda Simmons Campbell
Linda Simmons Campbell
answered on Jan 4, 2019

Any good tax attorney should be able to advise you as to the best way to resolve your liability. You have a few options available to you. Stay away from the places you see advertised on tv. Because this is a federal tax issue you can contact a tax attorney anywhere in the country for help. Most... View More

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1 Answer | Asked in Civil Litigation, Contracts, Mergers & Acquisitions and Tax Law for Virginia on
Q: I have recently been robbed of my gift tax inheitence. I have retrieved documents from the tax department recently.

my exhusband forged my documents in 2013. he altered the employer id number and stole the financials using the incorrect years to file them and sold it to google for an award. in 2017 my devices kept having all these wierd things coming up. i just thought it was spam. next thing i know i seen an... View More

F. Paul Maloof
F. Paul Maloof
answered on Dec 23, 2018

This sounds like a criminal case. You need to call the federal or state prosecutors to make a complaint. I do not handle your type of case. Sorry.

1 Answer | Asked in Tax Law for Virginia on
Q: All of my Mutual Funds ans stock accounts are held jointly with my wife. If a die, what are the tax consequences?
Eric  Day
Eric Day
answered on Jul 18, 2018

If your wife takes over the account at your death, there will be no tax consequences other than the annual tax consequences of the trading activity within the account. You can pass your estate to your wife tax free.

1 Answer | Asked in Tax Law for Virginia on
Q: What is a Tax Ievy deduction on my paystub?
Linda Simmons Campbell
Linda Simmons Campbell
answered on Mar 26, 2018

It could be a tax levy. Ask your payroll department. If it is a tax levy, contact an attorney for assistance. Just stay away from the places you see advertised on tv.

1 Answer | Asked in Real Estate Law and Tax Law for Virginia on
Q: Can a county increase real estate taxes based off MLS?

Our real estate taxes increased $214,000 for 2018 - a 45% levy change. We purchased a farm in 2017 that was tax assessed at $548,900 and they now have assessed it at $762,800. We purchased it for $735,000. Their justification was seeing the MLS and the pictures, so they knew of the improvements.... View More

Richard Sternberg
Richard Sternberg
answered on Feb 14, 2018

You'll have an uphill battle as to using the sales price for the re-appraisal. Many jurisdictions do exactly that, and the fact that you paid $735,000 is going to make it fairly difficult to argue that it isn't worth $735,000. You might have a better shot reversing the $762,800, but you... View More

2 Answers | Asked in Tax Law for Virginia on
Q: Can a college I never attended put a hold on my tax return?

2010 I went to a college to get info on classes. I saw the prices & instantly left. They unknowingly enrolled me. Nothing was signed by me, no oral contract, never applied for fasfa. The following year on my credit report the school sent me to collections for a semester of classes. I went to... View More

Michelle D. Wynn
Michelle D. Wynn
answered on Feb 8, 2018

You should dispute this item on your credit report with Equifax, TransUnion, and Experian. The Federal Trade Commission has a web page with instructions on Disputing Errors on Credit Reports that can provide you with information on how to dispute this item on your credit report. You can find the... View More

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1 Answer | Asked in Tax Law for Virginia on
Q: Ex husband has primary physical custody of kids but I had kids full time first 10months last year. Who claims on taxes?

We have nothing in our separation agreement stating who claims the kids. The primary status is because he has them 4days of the week I have them the other 3 days of the week.

Michael Christopher Miller
Michael Christopher Miller
answered on Feb 5, 2018

In the absence of an agreement, the IRS rules of dependency/exemptions will apply.

1 Answer | Asked in Tax Law for Virginia on
Q: Can I claim my children on my taxes being that I pay 100% of the child support that should be shared between parents?

She lives in FL and I reside in Va she doesn't work, but somehow wants to claim my 2 children, she also is married and has 2 other children which the husband claims, Is there anything I can do to make this fair since she refuses to let me claim any of them?

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Jan 25, 2018

There are limitations the IRS has placed on the ability to claim a child as a tax dependent. This is information that you can obtain by speaking with a CPA.

1 Answer | Asked in Military Law and Tax Law for Virginia on
Q: Military member stationed in Virginia, looking to buy a home. Will I have to pay state income tax if a resident of NY?

Resident of NY, stationed in Virginia due to orders. Looking at purchasing a house in Virginia. Will I have to change residency if I purchase the home and pay Virginia income tax?

Michael Christopher Miller
Michael Christopher Miller
answered on Jan 23, 2018

50 U.S. Code § 4001 - Residence for tax purposes

(a) Residence or domicile

(1) In general

A servicemember shall neither lose nor acquire a residence or domicile for purposes of taxation with respect to the person, personal property, or income of the servicemember by reason...
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2 Answers | Asked in Child Custody, Child Support and Tax Law for Virginia on
Q: If the judge grants a split between parents for tax return with 2 kids. What Can be done if a parent files for both.

The judge said this verbally, and didnt document the decision.

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Jan 21, 2018

Unless it is in a court order, it is hard to enforce such provisions. If the judge forgot to put it in a court order, this can typically be corrected with the proper motion. To file such motion, hire a lawyer.

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1 Answer | Asked in Real Estate Law and Tax Law for Virginia on
Q: Is it make sense to have rental property lease on LLC name even though rental prop. title is only owned by me not LLC?

I own a rental property and have opened LLC so need advise to have lease on LLC or not? Whether it would help me from Liability issue?

Richard Sternberg
Richard Sternberg
answered on Jan 17, 2018

You really need to shut down with a lawyer to review the facts. I personally rent a second home of mine out in my own name, but that is probably a bit of the cobbler's children having no shoes. Many suggest that it is best to use an LLC as the leasing agent, so that you increase your... View More

1 Answer | Asked in Tax Law for Virginia on
Q: Want to retire (55) now have a Portable pension my hubby and I owe IRS 11K have an installment in place will IRS take?
Linda Simmons Campbell
Linda Simmons Campbell
answered on Nov 14, 2017

If you are on a full pay installment agreement you should not have any problems. If you are on a partial payment installment agreement, they may take some/all of the pension.

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