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Arizona Tax Law Questions & Answers
1 Answer | Asked in Foreclosure, Real Estate Law and Tax Law for Arizona on
Q: Own a property in Pima county that is going to foreclosure, because One of the owners has a lien on the property

For back due taxes on his business. I want my half of the value of the property before it forecloses.

How do I put a lien on this?

Diane L. Drain
Diane L. Drain answered on Feb 20, 2020

An owner cannot have a lien on their own property. If the lender was an entity of the owner, then the entity can have a lien. Talk to an experienced litigator, with real estate experience.

1 Answer | Asked in Tax Law for Arizona on
Q: Can a state (for example, California) in which I owe taxes, file a lien against real property in a different state (AZ)?

If I owe taxes on California, can the state of California file a lien in Arizona against any property that I own?

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 21, 2020

Generally no. They are limited to the real and personal property within the state.

1 Answer | Asked in Tax Law for Arizona on
Q: I have not filed personal income taxes in 11 years. (all from working regular jobs)

I have not filed personal income taxes in around 11 years. At first is because I owed knew that I was going to owe a few hundred dollars, then I left it for the following year and then the following year and I know that I may owe between 7 to 10 thousand dollars. Now, I've been doing a lot of... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Oct 15, 2019

See if you qualify for assistance from a law income taxpayer clinic in your area. It is impossible for us to give you the best advice without a lot more detail. Here is a link for more information on the clinics.

1 Answer | Asked in Real Estate Law and Tax Law for Arizona on
Q: Property Taxes ??

My sister and I own 5 acres of farmland in McFarland, CA. we inherited from my Father’s estate in 2009 he passed away in 2007. I live in Tucson, AZ. I’ve been paying the property tax for 12 years and my sister who lives in CA. just ignores all of my attempts for her to pay her share. I once... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 10, 2019

Sue for partition or liquidate.

1 Answer | Asked in Tax Law for Arizona on
Q: if a person brakes this law what would be the outcome 42-19107
D. Mathew Blackburn
D. Mathew Blackburn answered on Jul 17, 2019

If that person is charged and successfully prosecuted the statute states it is a class 1 misdemeanor. The maximum punishments for misdemeanors are outlined by A.R.S. § 13-707. According to the statutes, the maximum penalties for a class 1 misdemeanor include up to six months in jail and a fine of... Read more »

2 Answers | Asked in Tax Law for Arizona on
Q: can the irs withhold back taxes on veterans disability payments

I was forced to include my va disability payments to calculate withholding for back taxes owed. This cost me an extra 1000 per month

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 25, 2019

The IRS is NOT taxing your VA disability benefits. They are collecting back taxes that you admit you owe. Rather than look the other way or otherwise ignore your VA benefit income, the IRS "forced" you to include the monthly payments you receive when they figured up how much you could afford to... Read more »

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1 Answer | Asked in Tax Law for Arizona on
Q: Does an estate send K-1's (with carryover loss) to charities or only real persons? This is final return. Thank you

Should have mentioned I was asking about charities who are beneficiaries. And if they do not get K-1's, do the real persons share the total loss based on their percentages of the estate? Thank you

D. Mathew Blackburn
D. Mathew Blackburn answered on Mar 28, 2019

No, you don't send K-1's to a charity. The trust takes a charitable deduction for amounts sent to a charity not a distribution deduction that would produce a K-1.

2 Answers | Asked in Tax Law and Bankruptcy for Arizona on
Q: Why do I need to endorse my entire tax refund to my trustee if she says she would only take a portion of it.

Filed Chapter 7 on 3/20/18. It was finalized (discharged) July 2018. My trustee stated that I needed to give her my entire refund. Once she receives if than she would take portion of it from January to March and refund me back the rest of the amount. When I asked how much she would be taking she... Read more »

Timothy Denison
Timothy Denison answered on Mar 22, 2019

Yes. You give her the refund, she withholds the proper portion, then sends you the balance and closes the estate. They don’t just tell you how much and hope that you pay them.

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1 Answer | Asked in Real Estate Law and Tax Law for Arizona on
Q: trailer park owner i bought my trlr frm hadnt paid the taxes for 5 years how to make him pay them before trlr seized?

Can I sue him? and how?

Peter H. Westby
Peter H. Westby answered on Jun 25, 2018

You can file suit but, before you do, please check your purchase contract to see whose responsibility the back taxes were. Normally, they should be paid by the seller on or before the closing date of the sale but this liability could be shifted to you as part of your purchase price. If this was... Read more »

2 Answers | Asked in Entertainment / Sports, Real Estate Law and Tax Law for Arizona on
Q: Can "Entertainment Inc." Purchase property? Multiple Properties?

If I own an entertainment corporation can I purchase property in my corporations name. I want to purchase 2 commercial properties. Both will be a storage/warehouse for equipment but in separate states because I provide entertainment services in different states and hate shipping equipment back... Read more »

Peter H. Westby
Peter H. Westby answered on Jun 8, 2018

Provided your corporation's governing documents allow it, your corporation can purchase real estate. Check with a lawyer in each state where you plan to purchase property. You may need to register your corporation as a foreign corporation doing business in each state. Your local lawyer will know.

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1 Answer | Asked in Tax Law for Arizona on
Q: Can an federal IRS agent reopen a tax debt which has been uncollectable due to statute of limitations has lapsed

I have a federal tax debt which expired in Feb this year due to 10 year statute passing. The agent colecting on more recent tax debt seized bank account for and got more money than I owed. He took the extra money and applied it to the expired tax debt and now says he is going to reopen that debt... Read more »

Eric Steven Day
Eric Steven Day answered on May 21, 2018

As most attorneys might say "It depends." It all depends on when the assessment on the tax account was made. For instance, if you owed money at the end of filing your return in 2012 and the government audits that return in 2014 and make additional assessments, then the statute runs from 2014, not... Read more »

2 Answers | Asked in Family Law and Tax Law for Arizona on
Q: Does my ex-need to put down our daughter's information in his taxes even though I supported her all year and

does he need to put her in his taxes even though ive had her all year and ive supported her myself ,we never married and i already claimed her in mines ... he claims he cant file an extension without putting her down

Randi Sirlin
Randi Sirlin answered on Apr 17, 2018

Family Law Attorneys are really not authorized to provide tax advice. My advice would be to contact the IRS. You can find their phone number at

If I was you and I had already claimed your daughter on your tax return, you supported her and did not receive child support from him, I...
Read more »

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1 Answer | Asked in Real Estate Law, Tax Law and Landlord - Tenant for Arizona on
Q: My lease in Chandler, AZ says I have to pay a 2.5% tax, so if your rent is $1,000 per month, you will pay $25 tax

The issue is that the tax rate is 1.5% and the rental company takes the other 1% as an admin fee. They don’t disclose a monthly admin fee in the lease or tell you that the chandler tax is only 1.5%. I think this is deceptive but they are doing this to hundreds of renters. I’m also not sure... Read more »

Peter H. Westby
Peter H. Westby answered on Apr 9, 2018

If your landlord is overcharging for tax you might consider a complaint to the Arizona Department of Revenue, TPT, Division. This is something that the State of Arizona may investigate and pursue.

1 Answer | Asked in Child Custody, Child Support, Divorce and Tax Law for Arizona on
Q: My wife claimed my son on her taxes for 2017 even though it was my year to do so as per our divorce decree. My rights?

I am behind in child support and she is using that as justification for claiming him. I am open to an agreement where I can claim him for the next two years, but hold little hope she will agree to that. What steps do I need to take to insure this does not happen in the future. Thank you for your... Read more »

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

Look at your divorce agreement. Some agreements will allow the parent who is receiving child support to claim the child if the other parent is behind on child support. If that is not the case then likely your only recourse will be to take her back to court to enforce your agreement.

3 Answers | Asked in Child Support and Tax Law for Arizona on
Q: I paid the total child support ordered for this year but I was late one or two times do I get to claim my child still?

My child support amount changed twice this year so there were two months that werent paid on time. But i calculated that i paid over what has been ordered for the year and have all of my receipts but my kids mom will states that i didnt pay on time and refuses to let me claim them.

I was... Read more »

Randi Sirlin
Randi Sirlin answered on Feb 5, 2018

The commissioner is correct. As long as you have paid all of your child support by December 31 of any given year, you can claim your child for purposes of the minor child tax credit and minor child tax exemptions if it is your year to do so.

You can also order an official arrearage...
Read more »

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1 Answer | Asked in Tax Law and Child Support for Arizona on
Q: What steps to take after a parent files taxes incorrectly?

Court order states custodial claims child 1 and non-custodial claims child 2. Custodial claimed 1&2. This is intentional. Currently in court to change child support. Nothing concrete yet to change filing status and/or child support.

Peter H. Westby
Peter H. Westby answered on Jan 30, 2018

I recommend that you meet with your CPA and make sure that your taxes are filed correctly. You cannot control what your ex does on his tax return. But you can make sure that your return is correct. If there is an audit, your ex will have to support his action in taking both exemptions. If he... Read more »

1 Answer | Asked in Divorce and Tax Law for Arizona on
Q: How do I know if I have to file jointly or separately with an ex-spouse?

My divorce was finalized August 2, 2017. I want to file separately. He says because we were married for most of the year we have no choice. Is this accurate?

Michelle D. Wynn
Michelle D. Wynn answered on Jan 10, 2018

Because you were divorced on 12/31/2017 you cannot file with a married filing status. You should each file your returns as Single or Head of Household, whichever is appropriate in your circumstance.

1 Answer | Asked in Tax Law for Arizona on
Q: Can I have my ex taxes amended from the previous year?

My ex took my kids out of state without my permission while I was at work. We are in the middle of a custody case. Last year she claimed all our children behind my back. When her and the kids were still with me until Sept of 2016. There was no way she supported us and all 3 kids on her income. As... Read more »

Matthew M Montoya
Matthew M Montoya answered on Jan 9, 2018

Here are the IRS tiebreaker rules (when two people try to claim the same dependents):

More detailed information can be found in IRS Publication 501:...
Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Arizona on
Q: I recently purchased a house and found out there is a tax lien on the house from the previous owners. What do I do?

Turns out there are two parcel numbers for my home's property taxes and only one has been getting paid. The other hasn't been paid since 2015 (I purchased the house in August 2018) leaving a tax lien on the house. I contacted the title company which has been claiming to be working on a resolution... Read more »

Peter H. Westby
Peter H. Westby answered on Jan 3, 2018

You were right to make a claim against your title insurer. The title insurer will try to collect from the seller. The taxes are the seller's obligation. But the title company should bring the taxes current asap even if they cannot collect from the seller. I would continue to follow up and... Read more »

1 Answer | Asked in Bankruptcy and Tax Law for Arizona on
Q: What would a trustee need or do with a tax refund collected on a closed chapter 7 case?

My Ch. 7 BK closed in Aug of '16. My '16 refund was filed in Feb of '17. The trustee had my federal refund sent directly to him and is still requesting my state refund be sent. If the BK is closed, why would he be able to hold those funds and what would they be used for?

Michael Gerity
Michael Gerity answered on Jul 21, 2017

A tax refund for the 2016 tax year would represent an overpayment of taxes throughout that year. As such, you were "owed" that money, or at least a portion of it, as of the time of your filing, which makes it part of your bankruptcy estate. The trustee would use any such estate funds to make... Read more »

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