Lawyers, Answer Questions  & Get Points Log In
California Tax Law Questions & Answers
1 Answer | Asked in Estate Planning and Tax Law for California on
Q: I have 3 units rental property in California. The property owned by a corporation in Nevada. I'm a single owner of

the corporation. Can I transfer the property in to my trust in ca without any tax consequences.

Do I need to create trust before transferring

Julie King
Julie King
answered on Jan 21, 2023

Anyone can place their real estate and other assets into a revocable trust (a trust that can be changed or modified by the owner, who is called a Settlor or Trustor) at any time and there shouldn’t be any tax consequences. Schedule A to the trust should list the corporation as an asset of the... Read more »

1 Answer | Asked in Tax Law and Immigration Law for California on
Q: Can my foreign partner with ITIN and a USA bank simply file a 1040 or does he have to file a 1040NR?

Can my foreign partner (who only visits the USA and does not live in the USA) with ITIN and a USA bank account simply file an IRS form 1040 instead of 1040NR? Also would this partner need to declare his foreign (Irish) income on the 1040?

Matthew R. Porter
PREMIUM
Matthew R. Porter
answered on Dec 20, 2022

U.S. tax residents are subject to worldwide taxation. Your friend should discuss this situation with an experienced international tax accountant to determine if there is an opportunity to make an election to be treated as a U.S. tax resident. If there is an election to be treated as a U.S. tax... Read more »

1 Answer | Asked in Tax Law for California on
Q: who does the Franchise Tax Board answer to for the state of California?

The IRS offers The Taxpayer Advocate Office to assist in personal Federal tax cases. Is there additional assistance for individuals with the Franchise Tax Board for the State of California?

Carli Jo Aelker
Carli Jo Aelker
answered on Dec 13, 2022

CA FTB has taxpayer advocate services - see the link below

https://www.ftb.ca.gov/help/disagree-or-resolve-an-issue/taxpayer-advocate-services.html

1 Answer | Asked in Tax Law for California on
Q: So I know I didn't file for 2021 tax season because of the issues I was having with turbo tax. The I.R.S. says that I

I did file. I filed for my 2020 taxes and the I.R.S says I didn't. What do you I do?

Leihernst Lamarre
Leihernst Lamarre
answered on Dec 8, 2022

Your issue may be due to the online portal to receive a stimulus check. If you completed the process through the IRS’s online portal to get a stimulus check and have not filed your taxes, the IRS has filed a $1 tax return To get the money out to you. That is most likely the issue you are having... Read more »

1 Answer | Asked in Intellectual Property, Real Estate Law and Tax Law for California on
Q: I just want to know why caretaker cousin who put my both parents are deseced put property in caretaker cousin name
Carli Jo Aelker
Carli Jo Aelker
answered on Dec 7, 2022

Hi, you may want to reword your question. If you are asking why your deceased parents put property in someone's name, no one can really answer that. Since they are deceased we are unable to tell what their intent was. They may have just wanted the individual to inherit the property when they passed.

1 Answer | Asked in Tax Law for California on
Q: Possible for somebody to file power of attorney over all my assets without my authorization or even without me even know

Some one filed power of attorney over all my assets and I didn't know anything about it and I don't even know who did it that's how they began my identity theft

Carli Jo Aelker
Carli Jo Aelker
answered on Nov 28, 2022

Generally speaking you must give authorization, usually through signature, for someone to file a POA on your behalf. For example, the IRS POA forms require the taxpayer sign each form giving authorization.

1 Answer | Asked in Tax Law and Criminal Law for California on
Q: I've been dealing with identity Theft issues sense 2018,I haven't been able to collect any info regarding my assets

I have been homeless since 2016 I've been unable to get food stamps, housing help or anything else these people have Stolen everything from me like my stocks that they sold iN January without my authorization they have access my email and sensed everything over seas with out my authorization... Read more »

Neil Pedersen
Neil Pedersen
answered on Nov 27, 2022

What you describe is criminal conduct. Report it to the police.

Your post suggests that by posting here you are trying to get an attorney seeing the post to reach out to you and represent you. That is not going to happen. It would be highly inappropriate for anyone on this site to...
Read more »

1 Answer | Asked in Employment Law and Tax Law for California on
Q: I’m supposed to get $839.00 but am only receiving $454.00 it states that $240.00 is being taking out for a lien and etc

So what does it mean by lien and is there any way of appealing this

Neil Pedersen
Neil Pedersen
answered on Nov 20, 2022

A lien is an obligation you owe. Liens can take many forms. Wage garnishment by a creditor is a common lien.

No one here can know what this lien is, or whether it is being lawfully being applied against your wages without knowing a great deal more about your situation. You are going to...
Read more »

1 Answer | Asked in Tax Law for California on
Q: I am selling a property in the newspaper. Can I advertise the tax depreciation of the asset?

I have a small office building I am looking to sell and would like to advertise the tax depreciation opportunities that come with owning commercial building. Other ads don't do this and I am wondering why.

James R. Dickinson
James R. Dickinson
answered on Nov 15, 2022

If you have a buyer, what is there to "advertise." Speak with a local attorney for assistance. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and... Read more »

1 Answer | Asked in Tax Law for California on
Q: Hello, I am looking for a tax attorney in the Los Angeles, Riverside, Orange, or San Bernardino counties. Thanks,

It is for a tax preparer.

Thank you,

Carli Jo Aelker
Carli Jo Aelker
answered on Nov 11, 2022

Hi! This forum is to ask questions regarding law not retaining counsel. I'd suggest researching tax firms and reach out to someone privately.

1 Answer | Asked in Tax Law for California on
Q: How to stop tax penalty and get the abatement for the tax liability?

I have $1.802 mil tax liability from my short term tax gain in 2020. I am tax illiterate so I rely solely on my CPA to advise me what should be done. From my CPA’s neglect on my case, I am being charged penalty + interest at $60+ k a month. I have been trying to sell my apartment valued at... Read more »

Carli Jo Aelker
Carli Jo Aelker
answered on Nov 11, 2022

Unfortunately penalties and interest will continue to incur until the tax debt is paid in full; it is typically just reduced by the % amount. It might be worth engaging a professional to draft a penalty abatement request on your behalf, as these things do usually require some negotiations with the... Read more »

1 Answer | Asked in Estate Planning and Tax Law for California on
Q: If revocable trust holds ee bonds to be cashed, given to beneficiaries upon death of trustee will the interest income

on the ee bonds be shown as the trusts income and therefore the trust pays the taxes or will the interest income have to be shown as income on the beneficiaries taxes, and therefore be the beneficiaries responsibility to pay those taxes personally?

Howard E. Kane
PREMIUM
Howard E. Kane
answered on Oct 31, 2022

This is a great tax question. I recommend that you ask your CPA or tax advisor how this is handled. Tax questions are typically outside the lane of probate attorneys. However, I suspect that the proceeds will be considered non-taxable inheritance. The 2022 estate tax exemption amount is $12.92... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for California on
Q: My sister and I are joint tenants of a home. I am in need of money and am thinking of doing a cash-out refinance for

an amount to cover for my share of the home and quitclaim the home to my sister. Should the cash-out refinance and quitclaim occur at the same time? Do I have to pay any taxes for this quitclaim? Thank you.

Yelena Gurevich
Yelena Gurevich
answered on Oct 24, 2022

You really need to consult with a real estate attorney. There are many facts missing to answer your question in this forum. (i.e. is your sister on board with refinancing? do you both, and/ or each, qualify to refinance? who lives at the property? how much are you planning to cash out? and many... Read more »

1 Answer | Asked in Tax Law for California on
Q: About how long will it take a tax lawyer to reach an offer in compromise with the IRS?

I have been on disability for over a year. I owe $20,000 in back taxes and around $9,000 in penalties and fees. Qualifier notes that I qualify for an "offer in compromise" but most websites say it takes 6 months to get it approved. I am expecting a W.C. settlement soon... But would like... Read more »

Carli Jo Aelker
Carli Jo Aelker
answered on Oct 20, 2022

Unfortunately the IRS is still delayed when it comes to their backlog. Things such as resolution proposals, including an OIC, can take some time to be processed through their systems and assigned to a representative for review. I would say it's safe to say 6 months is a good estimate, however... Read more »

1 Answer | Asked in Tax Law for California on
Q: Say I gift $16k to my son. Can I also gift $16k to my sister, who gifts it to my son, tax-free in the same year?
James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Oct 4, 2022

You would use up part of your lifetime estate tax exemption, but the total amount is currently nearly $13,000,000, so unless you are very wealthy, you should not have to worry about it.

1 Answer | Asked in Tax Law, Banking and Collections for California on
Q: Can California FTB levy my parents bank account if I'm added to the account?

My mother just died and my father wants to add me to his bank account incase something happens to him so I'll be able to pay the bills and have access to his money once he dies. I owe the Cal FTB 25K and they have levied my bank account earlier this year and took around 1200 from previous... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Oct 1, 2022

Yes they can. And while you might be able to get it back, it’s not worth it.

Simply get a power of attorney form from the bank and have your dad add you as a POD beneficiary on the account.

1 Answer | Asked in Tax Law and Real Estate Law for California on
Q: Does a change of ownership happens when you have trust property taxes?
James R. Dickinson
James R. Dickinson
answered on Sep 20, 2022

Speak with an estate planning and tax lawyer about the tax consequences of placing property in trust. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and... Read more »

2 Answers | Asked in Tax Law for California on
Q: What tax service should i use my first year with an LLC?
James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 18, 2022

I would recommend a qualified tax professional if you want to have a lot of itemized deductions; else, TurboTax is a good option.

View More Answers

1 Answer | Asked in Business Formation, Business Law and Tax Law for California on
Q: Can I register a for profit business at a property owned by non profit religious organization?
Julie King
Julie King
answered on Aug 30, 2022

I'm sorry to say, your question doesn't make sense. Businesses are registered with the state, not registered at a property. Perhaps you can try asking your question again, but give the lawyers more information about what you need. Sorry about that!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.