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Alabama Tax Law Questions & Answers
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... 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... 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... 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 »

1 Answer | Asked in Tax Law and Real Estate Law for Alabama on
Q: I bought a tax lein property from tax sale,owner sold it to me.I had title put in my name,sould I have to wait 3yrs.

I need to know if I legally own land,or do I wait 3 yrs to own it?It joins my land want to make it as one.I am 74 yo and pay no property tax,s.Owner sold to me after tax sale.Jefferson County ala.I am told I will have to pay tax,s and owner could possible get it back for tax,s. THANKS

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

This is a very trick area of the law. It works like this (basicly) When a person fails to pay taxes on land after a certain period, anyone can pay the taxes. That payor gets a tax certificate to the property. After three years, that person gets a tax deed to the property. DON'T be fooled into... Read more »

1 Answer | Asked in Tax Law for Alabama on
Q: I have a federal tax lien against me from unpaid (and disputed) 2004-2005 personal taxes.

The taxes were assessed in 2006. I went through a Chapter 7 bankruptcy in 2009 (whole process took four months). At the time of the bankruptcy, I had years of unfiled returns, but got them caught up to qualify for filing chapter 7. I read the 12 reasons why the collection statute expiration date... Read more »

Michelle D. Wynn
Michelle D. Wynn answered on May 26, 2017

When the IRS files tax liens, they contain a date on which they automatically release. If that date has now passed, then the lien is released even if the IRS has not filed an actual release on your property records. If you are unsure of the date listed on the lien, you can see a copy of it, usually... Read more »

1 Answer | Asked in Immigration Law, Tax Law and Health Care Law for Alabama on
Q: As a co-sponsor of my brother's wife, am I in any way responsible for providing insurance, or penalties, under ACA?

My brother, a US citizen, is moving back to the US with his wife, a non-citizen, and children after many years spent in Japan. Since he doesn't have an income here in the US, yet, he needs a co-sponsor for his wife. I understand that according to the Affordable Care Act she is required to have... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Apr 23, 2017

Your responsibilities are stated in the instructions and body of the I-864 Affidavit of Support; USCIS.gov/i-864.

1 Answer | Asked in Criminal Law and Tax Law for Alabama on
Q: Hi, what can my son do to get his tax refund that was directly deposited in his girlfriend bank account?

She filed his tax return online with H&R Block. And she was told to have his refund directly deposited into my bank account like she did last year. But instead she had it sent to her account. And now she refuse to give it to him.

Michelle D. Wynn
Michelle D. Wynn answered on Mar 2, 2017

It sounds like you are stating she filed his tax return without him being present to review and approve the return or authorize its filing. This is very unusual without a specific Power of Attorney authorizing her to do so. However, since it sounds like she was authorized to do this by your son,... Read more »

1 Answer | Asked in Tax Law and Business Law for Alabama on
Q: Are Alabama Non-Profit Corporations tax exempt? Are donations made to them tax-deductible?
D. Mathew Blackburn
D. Mathew Blackburn answered on Dec 6, 2016

When properly established non-profit entities are exempt from federal and state income taxes, property tax, personal property tax, and state sales and use tax on purchases. They are still subject to employment tax withholding, sales and use tax withholding on sales of goods, and excise taxes. For... Read more »

1 Answer | Asked in Tax Law for Alabama on
Q: When a tax lien for unpaid property taxes is purchased does the tax lien holder have legal right to enter the home?

I paid for the house in cash so no mortgage is due on the home. I have not paid taxes for two years. Tax sale was 5-20-14. Person who purchased lien on 7-6-15 but actually changed the locks on the house before they paid the taxes.

Mr. James Parrish Coleman III
Mr. James Parrish Coleman III answered on Jul 30, 2015

In short, no. Based on your question, I would guess that the person likely holds either a tax certificate or a tax deed (one may demand a tax deed three years after they acquire a certificate of sale, i.e. a tax certificate). In any event, they are not owners of the property in fee simple, and... Read more »

1 Answer | Asked in Tax Law for Alabama on
Q: My daughter moved in with her 2 children in February 2013. Can we legally claim grandchildren on our income tax return?

Her soon to be ex has not supported them so far. She is now ready to file for divorce. We are supporting her and the children besides ,maybe a couple of hundred dollars in 7 months.<br/>

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<em>Content added on September 18th, 2013 at 2:38... Read more »

Jennifer Louise Long
Jennifer Louise Long answered on Sep 29, 2013

You may be able to claim your daughter and grandchildren as a dependent on your tax return under the "Qualifying Child" category. The requirements for a qualifying child are as follows:

(1)The child must be your son, daughter, stepchild, foster child, brother, sister, half brother,...
Read more »

1 Answer | Asked in Tax Law for Alabama on
Q: If a person has a recorded lien for income taxes owed to the Department of Revenue, can the Department of Revenue place

For a person with an income tax lien filed, can the State of Alabama file a garnishment on their checking account?

Mr. Joshua Benjamin Key
Mr. Joshua Benjamin Key answered on Apr 12, 2011

In short answer, YES! Tax debts and liens are usually the hardest to deal with because they are extremely difficult to discharge. It is a priority debt and usually will be paid first and is rarely discharged. However, if payment is an issue there are ways to try to negotiate the debt and/or settle... Read more »

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