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Alabama Tax Law Questions & Answers
1 Answer | Asked in Tax Law for Alabama on
Q: Do I have to allow the father of my child the right to file our daughter on his taxes?

she lives with me all year with the exception he gets her one night a weekend and a few hours during the week. I've agreed to let him claim her every other year but he doesn't agree with that so what are my rights.

D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 4, 2019

Just don't sign the 8832. The IRS requires the form for a non-custodial parent to claim a child. The IRS uses different rules than the state to determine custody. If he claims her anyway the IRS will send both of you letters requesting the form and evidence that you are entitled to the deductions.... Read more »

1 Answer | Asked in Tax Law for Alabama on
Q: In 2011 and 2012 I earned no money in the state of Alabama. I worked in Nevada both years. Do I owe back taxes?

I relocated to Nevada but did not change my driver's license until 2012. I received a tax bill from the state of Alabama although I did not reside or earn any income in the state. Do I owe them anything:?

D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 4, 2019

You're going to have to challenge the assessment and provide evidence of your status. The state is going to take the position you did not properly sever your ties to the state and you'll argue you did.

1 Answer | Asked in Tax Law for Alabama on
Q: Someone bought my mothers home at state sale for 2014 taxs i was served papers letting me know

i had no cule that it was even being sold but now i have all these papers i dont under stand trying to get help with understanding them

D. Mathew Blackburn
D. Mathew Blackburn answered on Aug 14, 2019

You should find a local attorney and setup an appointment ASAP if you're interested in paying the tax that was owed and recovering the property. You have a limited period of time to do this. If you can't pay the tax then there's not really anything to do unless the rules regarding the procedures... Read more »

1 Answer | Asked in Gov & Administrative Law, Tax Law and Legal Malpractice for Alabama on
Q: I have received a letter from the State of Alabama Dept of Revenuel Notice of Preliminary Assessment for the year 2010.

Received a letter when I filed these taxes that I had filed to late to receive a return. Filed through Liberty tax service who did not file 2013 taxes till 2017. Don't understand what is going on or what to do, Can you help

D. Mathew Blackburn
D. Mathew Blackburn answered on Aug 13, 2019

You only have a certain period of time to file a return claiming a refund or else you forfeit the refund. It sounds like you filed a return too late to claim the refund and the state tax department is notifying you of that. There's nothing you can do about the refund. You may have recourse against... Read more »

2 Answers | Asked in Tax Law for Alabama on
Q: I pay my taxes , my husband is self employed and has not . Apparently

I have always paid my taxes , my husband is self employed . It turns out he has not in years , finances are separated, so I’m not sure how much he has . We are lower income . I finally secured a a good job with health insurance and he wants to be added to my policy. Which I’m very scared... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Jul 31, 2019

If you filed married filing separately then the IRS can only come after joint assets (joint bank accounts, home, stocks, etc.). If your finances are completely separate (including no joint bank accounts) then you should be fine.

If you filed married filing jointly then you are both...
Read more »

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1 Answer | Asked in Tax Law for Alabama on
Q: My house and land were sold to another person for taxes. The person now holds a tax deed to.the property, do I have any

Means to get my land back?

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

If your house and land have been "sold to another person for taxes" you may never get your land back--unless you buy it from the new owner. Had you repaid the amount the lien holder paid to the county--plus all interest accrued before the deed was issued you would not be in this position. Lesson to... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Alabama on
Q: Taxation after selling a house

Will I be panelized on the sale of a house if I don't put all the money into buying another one? And how long do I have And how long do I have to buy a new one after the sale?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 26, 2019

The last time I looked, if the house is your residence, there is no tax unless the house was worth more than $500,000. Before relying on this advice you should check it out with your CPA or tax lawyer.

1 Answer | Asked in Tax Law for Alabama on
Q: I am buying my first home and want to pull money from my IRA to do renovations. Will I have to pay a penalty?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 23, 2019

Withdrawing money early from an IRA to renovate a house does not qualify as an emergency.

1 Answer | Asked in Tax Law for Alabama on
Q: I need help with alabama state taxes. they say I owe $154,000. I live on social sercurity. I need pro bono help.

I was told it needed to be paid in 11 days. Please help

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 9, 2019

If the state of Alabama is coming after you for $154,000 in back taxes you must surely have more than sufficient resources to hire a very competent lawyer to help you get out from under the hammer above your head. Stop asking for pro bono help on this open forum. Try searching through the many... Read more »

1 Answer | Asked in Estate Planning and Tax Law for Alabama on
Q: Can my husband and I give our son a house that we own. Do we just sign the deed over to him without tax problems?
Eric Steven Day
Eric Steven Day answered on May 16, 2018

You can sign over your house to your son, however, I would look into doing it in a few ways. If you sign the deed over to your son this can be considered a gift. You as individuals are allowed to give a gift in the amount of $14,000 each to anybody throughout the year tax-free. So you and your... Read more »

1 Answer | Asked in Tax Law for Alabama on
Q: My step daughter has been proposed to by a guy that owes the IRS about ½ a million dollars in back taxes.

What would her liability be if she were to marry him? She has a retirement on her current job. Could they touch it? Or her house? Car? How could she protect her assets from the IRS coming after them to satisfy his tax debt?

Thank you.

Linda Simmons Campbell
Linda Simmons Campbell answered on Apr 23, 2018

Please note, I am answering this question as if your daughter will reside in a state that does not have community property laws. If she does this answer will not apply.

If she did not file a joint return with him, she will not be liable for any of his tax debts. Having said that she...
Read more »

1 Answer | Asked in Real Estate Law, Tax Law, Family Law and Adoption for Alabama on
Q: If my mother was left property but passed before she gained ownership of the property who dose it belong to now?

Property was my grandparents,left to my mother,sold in a tax sale for pass due property taxes while in a lengthy probate case on all property of my grandparents and then she passed before claiming the property who now has the rights to claim the property also she had no will and I was adopted by my... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 25, 2018

I am assuming the property is in Alabama. The right to redeem on the property goes to the person who holds a mortgage on the property or to the person who owned the property at the time the tax sale was held. If that person has died, then the right devolves to the person's heirs at law. You would... Read more »

1 Answer | Asked in Tax Law for Alabama on
Q: How long can the IRS prevent funds from going into my bank account?

Short version is the company I used to work for is being investigated by the IRS. There was a settlement reached between us from them not paying me. During this time, I was not able to file taxes. Now apparently I have to be cleared of fraud and my account is frozen so I can't deposit my checks... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Mar 20, 2018

There is not enough detail here to give you an accurate answer. You really need to contact a tax attorney, particularly if there is any fraud suspected by the IRS. Most of us offer a free consultation. Just stay away from the places you see advertised on tv.

1 Answer | Asked in Contracts, Estate Planning and Tax Law for Alabama on
Q: deceased husbands will left all assets including marital property to his son. I received one half retirement. Need help.

i cared for him with cancer with very little help from his son since 2003. He then threatened me physically demanding I sign off on his retirement. I was left 1/2 the retirement and 12,500.00 life insurance. He gets the bedroom suit I sleep on and I get one tv. I owned my mobile home and car or I... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 19, 2018

You need some help here. You are confusing terms of divorce (marital property) with an estate. The only property that is the property of your late husband's estate is his separate property. You need to get to a lawyer and find out what your rights are.

1 Answer | Asked in Estate Planning, Tax Law and Probate for Alabama on
Q: Does a bank account with joint owner automatically pass solely to surviving party?

My grandmother has a bank account which listed my father and uncle as joint owners with right of survivorship (added after my grandfathers passing about 10 years ago). My father recently passed so only my uncle remains as a joint owner. At my grandmothers passing will the account be wholely owned... Read more »

Jack T. Carney
Jack T. Carney answered on Mar 4, 2018

The best answer is unfortunately the most common one in the law ... “it depends.” Alabama has an entire act about joint accounts and there are many cases about situations like this one.

The presumption is that uncle is the owner. That presumption may be challenged and the Will may be...
Read more »

1 Answer | Asked in Bankruptcy and Tax Law for Alabama on
Q: If I file for bankruptcy in alabama am I still libel for taxes if I did not specifically dissolve the S-Corp

I filed bankruptcy in 2010 and the Morgan County court placed the business in Bankruptcy in 2011. I thought I had it worked out but went ahead and filed dissolution a couple of months ago. Now the state has notified me that I am libel for 2012, 2013, 2014, 2015 and 2016. I don't have the money... Read more »

Rafael Gil III
Rafael Gil III answered on Mar 2, 2018

If the S-corp filed for chapter 7 bankruptcy back in 2011. It, in essence, dissolves the company. I would contact the State of Alabama Dept of Revenue and provide them with paperwork that shows that the corporation filed for bankruptcy prior to those years and that it did not conduct any business... Read more »

1 Answer | Asked in Tax Law for Alabama on
Q: Okay well my daughters father owes childsupport and when it’s around tax time I never receive anything from his taxes.

The irs saids that they can’t do anything and my dhr worker told me she can’t do nothing about it either. What can I do since he’s way behind on childsupport .

Michelle D. Wynn
Michelle D. Wynn answered on Jan 5, 2018

Typically if your child support enforcement case is being handled by the child support enforcement division they can obtain orders that allow for garnishment of any back child support from the father (or mother). The child support enforcement agency would send this order to the IRS and the IRS... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Alabama on
Q: If you signed a quit deed on property in 2010 can a tax foreclosure be held against you now in 2017.
Samuel G McKerall
Samuel G McKerall answered on Dec 17, 2017

It shouldn't but it might. The only way to tell if it did is to examine your credit report from all three major credit reporting companies. If it shows on there you should submit a written explanation to the credit agencies. They have to place it in your file. Will they place it in your file?... Read more »

1 Answer | Asked in Tax Law for Alabama on
Q: Do plug-in electric vehicles qualify for a tax exemption under Section 40-9-1-(20) of the Code of Alabama?
Barbara H. Agricola
Barbara H. Agricola answered on Oct 6, 2017

if the vehicle is brand new, a tax exemption of up to $7k is allowable under the federal tax laws.

1 Answer | Asked in Tax Law and Real Estate Law for Alabama on
Q: Ibought a lot next to me in a tax sale,which owner live,s out of town.Mean while he sold me the land plus the tax,s .

When the tax sale came up owner live,s out of town so I paid them so no one would get it.He came back for visit and he sold me the land plus tax,s.I let my money stand for payment of tax,s.I then had lawyer draw up papers to be signed by me and owner.Took to court house and put land in my name and... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Sep 14, 2017

You say you had your lawyer draw up papers. You should be talking to your lawyer. If there are back taxes on the land you have to pay them or a tax buyer will pay them and get a tax certificate and later a tax deed to the property. Go back to your lawyer and get him or her to explain this to you.... Read more »

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