Bruce Alexander Minnick's answer Yes, you can give your interest in the property to whomever you desire. However, you can also sue your nephew and probably force a sale that way. This might be the best way to sever ties with your nephew because the net amount of money received from the forced sale would then be divided equally between you and your nephew. Hire a lawyer.
Bruce Alexander Minnick's answer Although I do not practice in California, unless I miss my guess the taxing authorities will continue assessing taxes on the entire piece of property because they are only interested in collecting the taxes and do not care who owns it. You might want to engage the services of a real estate lawyer in the county where the property is.
Bruce Alexander Minnick's answer No. ZIP codes have nothing to do with county and city physical jurisdictions. So, unless you actually live within the city limits (get a map and look, or call the city and ask) you cannot (lawfully) claim the extra 1% sales tax.
BTW, is cheating really worth it? Think: If the car cost $35,000, the additional 1% would only give you a $350 deduction. When multiplied by your marginal tax rate (your marginal rate is probably about 15%), your tax "savings" would only be $52.50. Hardly...
Should you? Maybe not. Why all the trouble? You might be hurting yourself on taxes.
You can change ("gift" or "transmute") things from Community to Separate Property at will any time. You are correct that it is currently Community Property. You should make a writing of some sort for your records indicating that you have changed the character of the property. Then just Quitclaim the deed to into a Trust.
Frank Huerta Jr's answer You should really determine if you owe the money. You want to find out what tax years the lien covers. Call the IRS or State to ask for a record of your account. If you have already paid it off then fill out a lien discharge request. If you are disputing the underlying debt you can either file an audit reconsideration or in some cases file an offer in compromise doubt as to liability. If you do owe the money, then contact the IRS lien unit about paying off the balance and ask for the lien...
Ali Shahrestani, Esq.'s answer You may want to report him to the IRS and FTB for tax fraud. If he owes you money, you may want to sue him for that in court. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following...
Ben F Meek III's answer Ask him the purpose for his needing to know. Most likely it is so the Trust can report the distribution of funds to you on IRS Form 1099. That would be a legit reason for needing to know.
Victor J. Yoo's answer CA Franchise Tax Board requires all individuals who are domiciled in California to file a state tax return. There may be several factors to consider whether or not you need to file your tax return in California including but not limited to: was there a source of income earned in California, how long you lived in California, your driver's license status, your voting status, do you own a home in California, are you attending schools in California, are covered under medical insurance for "Covered...
David S. Greenberg's answer In the usual course, the IRS automated collection system [ACS] will issue either a CP90 or LT11 Final notice of intent to levy with a notice of your right to a collection due process hearing within about 5 weeks after issuance of the CP504.
However, I have encountered several situations whereby the final notice does not issue within the predictable time frame. This usually occurs when the account is being transferred from ACS to a local revenue officer.
Frank Huerta Jr's answer No you do not have to file an additional tax form for California. However if you are gifting the home to your daughter, you should also fill out the Primary Change of Ownership Form (PCOR) with you county.
From what you describe, something does not sound right. In some instances a trust or estate will "pass though" tax liability to the beneficiary but only where that liability is connected to a distribution. For example, if a trust makes a distribution to a beneficiary that consists of income and capital gains earned by the trust, it may pass the tax liability to the beneficiary. This is done because the beneficiary, as a general rule, has a lower tax rate than the trust....
Linda Simmons Campbell's answer Not if you are in agreement with the results of your audit. I recommend hiring a good tax attorney unless you are sure you can provide everything the IRS is requesting with ease.
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