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Arizona Tax Law Questions & Answers
1 Answer | Asked in Tax Law, Banking, Business Formation and Business Law for Arizona on
Q: We run a business overseas and want to create a LLC in order to use US Credit cards while paying no taxes in the US

We run a business in Cyprus ( oversea). Can we create an entity in the US(LLC) in order to use this entity to sign up for an American Express Business Platinum Account. Since I am already an amex user in the US, I can transfer my credit history to my business account.

Our business is doing... View More

James L. Arrasmith
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answered on May 14, 2024

As a foreign business, it's important to carefully consider the legal and financial implications of setting up a US entity solely for the purpose of obtaining credit cards, especially if the intent is to avoid taxation. This could potentially be viewed as tax evasion by US authorities.... View More

1 Answer | Asked in Estate Planning, Tax Law, Business Law and Securities Law for Arizona on
Q: LLC for brokerage trading account and investment account?

I am a day trader with a 475 mark-to-market election, and I have a brokerage account where I am actively trading. I also have an investment account, in which I do not trade and a separate IRA account.

My husband runs a small company as a sole proprietor. Since his business carries a high... View More

James L. Arrasmith
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answered on Mar 14, 2024

Creating an LLC and transferring your brokerage accounts into it can provide an additional layer of asset protection, as it separates your personal assets from your husband's business liabilities. However, there are several factors to consider:

1. Charging order protection: Arizona...
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1 Answer | Asked in Tax Law for Arizona on
Q: How do I foreclose a tax lien when the owner is deceased?

I buy tax lien certificates in the state of Arizona. I am familiar with the foreclosure process as I have been doing this a few years now but I have a new one, the owner is deceased. Do I still send all the necessary documents such as 'Intent to foreclose' to his mailing address even... View More

James L. Arrasmith
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answered on Mar 11, 2024

When foreclosing on a tax lien where the property owner is deceased, the process can be more complex. In Arizona, you'll need to follow the state's probate laws in addition to the tax lien foreclosure procedures. Here are some general steps to consider:

1. Attempt to locate the...
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1 Answer | Asked in Tax Law for Arizona on
Q: My state refund was withheld to pay probation supervision fees, wasn’t a bill passed not to charge for those fees?
James L. Arrasmith
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answered on Feb 26, 2024

It's understandable to feel frustrated and confused about your state refund being withheld for probation supervision fees. However, it's important to note that laws regarding probation fees can vary depending on your location and the specific circumstances of your case. While there may... View More

1 Answer | Asked in Tax Law, Business Formation and Business Law for Arizona on
Q: I recently started an LLC for my business late last year. Do I need to file something about the CTA?

My business has no income yet. I'm just getting started doing Web Development and Technology Consultancy. My CPA mentioned I should check and see if the new CTA Law applies to me or not.

James L. Arrasmith
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answered on Feb 22, 2024

As a new LLC owner in Phoenix, AZ, you should be aware that Arizona's new Commercial Transaction Privilege Tax (CTA) law may apply to your business. The CTA law imposes taxes on various business activities, including web development and technology consultancy services. Even if your business... View More

1 Answer | Asked in Tax Law, Business Formation and Business Law for Arizona on
Q: Is it possible to add a second DBA to my existing LLC in Arizona?

My husband and I own an LLC business in Arizona with S-Corp tax status. (My husband is a self-published author, so our LLC falls into the Independent Artists category.)

I'm an oil painter and I now want to start selling my oil paintings online. I'd like to use a different name... View More

James L. Arrasmith
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answered on Jan 26, 2024

In Arizona, it is indeed possible for an LLC to operate under more than one "Doing Business As" (DBA) name. This allows a single legal entity, such as your LLC, to conduct various types of businesses under different names while maintaining the same underlying ownership and legal... View More

1 Answer | Asked in Foreclosure and Tax Law for Arizona on
Q: How does AZ/Santa Cruz County law deal with foreclosure of a property when tax liens are owned by multiple parties?

Let's say I purchase a tax lien on a property that has tax liens from 5 prior tax years owned by someone else. How does foreclosure work in this situation?

James L. Arrasmith
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answered on Jan 26, 2024

In Arizona, particularly Santa Cruz County, when there are multiple owners of tax liens on the same property, the foreclosure process works as follows:

1. The most recent tax lien takes priority. So in your case, you as the most recent tax lien purchaser would have the first priority...
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1 Answer | Asked in Criminal Law, Domestic Violence, Divorce and Tax Law for Arizona on
Q: need pro bono lawyer to help me clear a dv warrant against me & to press idv charges against my abuser, Can you help?

I was determined to be the instigator. He got superficial scratches. I flew backwards through the air and broke my foot in 6 places in an attempt not to break my neck, head or worse. The whole situation started because he was driving drunk and I tried to take the keys of our car away from him. I... View More

James L. Arrasmith
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answered on Jan 22, 2024

To find a pro bono lawyer who can assist with your situation, you can start by contacting legal aid organizations in Arizona. These organizations often provide free legal services to those who qualify based on their income and the nature of their legal issues. They may be able to help you address... View More

1 Answer | Asked in Tax Law, Banking and Education Law for Arizona on
Q: If I got donated a tax credit for a school trip but the trip got canceled do the tax credit dollars I got have to go

Back to the schools general fund or can they be moved to a specific school club that accepts tax credits? The tax credits were donated in my name so wouldn't I be able to request where they are going?

James L. Arrasmith
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answered on Dec 25, 2023

When a school trip is canceled and you've received tax credit donations in your name for that trip, the handling of these funds can vary based on the school's policies and the specific tax credit program. Generally, tax credit donations are earmarked for specific purposes, and any... View More

1 Answer | Asked in Tax Law for Arizona on
Q: Income Tax

Temp court orders stipulated that my son's biological father was to pay child support each month. That went on for about a year. The final orders kept the child support payments as they were but also added more for back child support. My son's father is allowed to claim my son on his... View More

James L. Arrasmith
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answered on Sep 14, 2023

If the final court order stipulated that your son's biological father can claim your son on his taxes for this year as long as all child support, including back child support, is paid and caught up, and he has not made any payments on the back child support order, it's likely that he may... View More

2 Answers | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Arizona on
Q: If you have buried your love one in your yard do you have rights to claim your property as a cemitary?

I have heard that you have additional rights to property protections (such as not having to pay property tax and your property, etc) if your loved ones are part of your property.

John Michael Frick
John Michael Frick
answered on Aug 25, 2023

In most states—possibly all—property used EXCLUSIVELY for the burial of human remains is exempt from taxation. There is also automatically a public access easement so anyone can visit the site.

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2 Answers | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Arizona on
Q: If you have buried your love one in your yard do you have rights to claim your property as a cemitary?

I have heard that you have additional rights to property protections (such as not having to pay property tax and your property, etc) if your loved ones are part of your property.

James L. Arrasmith
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answered on Sep 14, 2023

In the United States, the laws regarding burying loved ones on private property vary by state and locality. While some areas may permit private family cemeteries on your property, there are usually regulations and requirements in place, such as size restrictions, permits, and record-keeping. These... View More

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2 Answers | Asked in Bankruptcy, Tax Law and Identity Theft for Arizona on
Q: I’m filing chap 7 bankruptcy pro se & am listing all my debts. I have a 2020 overdue tax of $4K from someone who…

…stole my identity. Should I still include this in my list of debts since ‘technically’ it’s filed under my identity? Or not include it? I don’t want to delay the process or worse have my petition denied based on omission. On the other hand, if I list it, won’t that be considered as... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jul 15, 2023

If you look at the Official Bankruptcy forms, you will see that there is a column to note whether the CLAIM is disputed, contingent or unliquidated. Your obligation is to list all CLAIMS against you, and the holders of those claims, whether you agree with the claim or not (unlisted creditor's... View More

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1 Answer | Asked in Tax Law for Arizona on
Q: what action can i take against Walmart because their charging me tax on snap benefit items since may of 2022?

i noticed today when i used the online shopping at Walmart that my total was 42.60 and total was 65.89. i am a snap benefit recipent so under the law my items are exempt so how did i get charged over 20 dollars in tax alone? this is insane and looking at my past receipts they have done this the... View More

James L. Arrasmith
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answered on Mar 4, 2023

You can contact Walmart customer service and bring the issue to their attention. They may be able to refund the tax amount that was incorrectly charged to you. You can also file a complaint with your state's Department of Revenue or equivalent agency, as they oversee sales tax compliance by... View More

1 Answer | Asked in Family Law, Child Support and Tax Law for Arizona on
Q: What action is needed when other parent claimed children on taxes but order says if not paid in full then I can?

I even got certified copy of payments dispersed from the courthouse and let him know that I wanted to claim all 3 children since he was not current for 2022. He never responded and then went and filed and claimed 2 children anyways. 2 of the children live with me and 1 child lives with him.

Stephen M Vincent
Stephen M Vincent
answered on Feb 13, 2023

You should file a Petition to Enforce and ask the Court to order him to amend his taxes for those years within thirty days of the Court's order. The Court will likely schedule a conference and evidentiary hearing. At that time, you should bring with you whatever forms you need him to sign in... View More

1 Answer | Asked in Family Law, Tax Law and Child Support for Arizona on
Q: Taxes/ child support/divorce decree:If NCP has a current arrears balance can I claim child? In our decree it states

That NCP can claim if current on child support and arrear payments. I have calculated it and i am still calculating a short in child support payments. The arrears balance was at $1400 in May 2022. Due to his job loss and no payment for 5 months the balance went to $2300 by August 2022 then payments... View More

Stephen M Vincent
Stephen M Vincent
answered on Jan 17, 2023

The question really hinges on whether he is current for the 2022 tax year. He can be behind overall, but if he paid all that was he supposed to in 2022, he can claim the child. If he didn't, you can claim the child. Remember: The parent not claiming the child needs to sign Form 8332 in order... View More

2 Answers | Asked in Tax Law and Identity Theft for Arizona on
Q: Iwas in prison from 5/2011 thru 8/2015. got out went to work. filed taxes. had a refund of $1,300.00.IRS KEPT REFUND

Said i owed another $4,000 i believe. IRS said i had a fraudulent claim for tax year 2011. Told me i was responsible. Ididnt file a tax return in 2011, i was in prison. Idid what was asked of me in 2016 to prove i was in prison and had a meeting with an official and brought him everything i wss... View More

Carli Jo Aelker
Carli Jo Aelker
answered on Nov 8, 2022

This issue can get a little complex. To start off if the IRS is saying you owe taxes, you file a return, and a due a refund, they will keep the refund. If you are a victim of identity theft you need to call the IRS identity theft department directly at 800-908-4490 to resolve the issue. It might... View More

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1 Answer | Asked in Tax Law for Arizona on
Q: I am receiving money from the sale of a house where my name was added to the deed. Will I owe taxes on that money?
James L. Arrasmith
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answered on Jun 14, 2024

When you receive money from the sale of a house where your name was added to the deed, whether you owe taxes depends on several factors. The key considerations include your ownership duration, the house's use, and any capital gains exclusions available.

If the house was your primary...
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1 Answer | Asked in Bankruptcy, Tax Law and Collections for Arizona on
Q: We live in AZ & are beneficiaries of an irrev. trust. I need to access and protect the equity from an FTB lien. How?

My wife and I are beneficiaries of an irrevocable trust. The trust was funded using only real estate. The trustee passed away 3 years ago.

We live in AZ. We have chosen to not transfer title from the trust to our names due to the FTB (CA) having filed a lien. The lien states that any... View More

Timothy Denison
Timothy Denison
answered on Nov 2, 2022

Appoint a successor trustee and let them handle the transactions for you.

1 Answer | Asked in Divorce, Estate Planning and Tax Law for Arizona on
Q: Can a Trust decide its distributions aren’t community property even when taxed as non passive K1 income & filed jointly?

In the case of divorce - Trust 1, which has a clause that names the beneficiary as spouse A & states distributions are not community property, owns an S corp (an LLC). The S corp paid distributions to spouse A, which were claimed jointly as non passive income in a community property state (AZ).... View More

Ilene L McCauley
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Ilene L McCauley
answered on May 25, 2022

Unfortunately, you are asking a very difficult question. The answers hinge on the documents currently in place as well as the status of the divorce. The attorney will need to see if there is premarital agreement in place. If so, that agreement may control. We also need to look at the S... View More

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