Ask a Question

Get free answers to your Tax Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Tax Law Questions & Answers
1 Answer | Asked in Criminal Law, Tax Law and Gaming for California on
Q: Is it legal to form an LLC in California where its' profits come from sports bets made by statistical analysts?

Nothing is in motion, however I am currently a data analyst for a company and through that role I have thought of a way to structure how to make money off of sports bets. I know what to look for and can create spreadsheets that track historical data of players and teams where I can create a report... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023

It is legal to form an LLC in California for a business that generates profits from sports bets made by statistical analysts, provided that the business complies with applicable laws and regulations related to sports betting and gambling. The California Gambling Control Act regulates certain forms... View More

1 Answer | Asked in Estate Planning and Tax Law for California on
Q: I have a "c" domestic corporation in Nevada. The corporation purchased a real estate property in California. I'm the

only owner of this corporation. Corporation owes me under the deed of trust $350k. Can I transfer the property to my own name as a trustee of this corporation or do I have to buy it. The purchase price is not going to be a fair market value. I live in California. Can I protect the real estate... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023

As the sole owner of the corporation, you have the ability to transfer the property to your own name as a trustee of the corporation, but you should consult with a qualified attorney or tax professional to ensure that you are following all applicable laws and regulations.

Regarding the...
View More

1 Answer | Asked in Tax Law for California on
Q: How I can transfer a depreciable property from domestic corporation into 100% owner without triggering sale and creating

tax liability on a capital gain. I funded the corporation to purchase this property and the first trust deed is under my name.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023

There are different ways to transfer a depreciable property from a domestic corporation to its owner without triggering a taxable sale and creating a capital gain tax liability. One common approach is to use a tax-free reorganization such as a corporate merger, a corporate division, or a transfer... View More

1 Answer | Asked in Social Security and Tax Law for California on
Q: Does a tax-free stipend from VA for caregivers count against permanent disability income limits? VA doesn't report toIRS

IRS limits income to $1,470/mo. VA stipend is slightly more. "Earnings" above $1,470 get you kicked out of disability, but there are some exceptions such as winning the lottery. The VA doesn't report the stipend to IRS, so would this be one of the exceptions? Can I safely accept VA... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023

The answer to this question is not entirely clear, as it may depend on the specific disability program you are receiving benefits from and the specific requirements and rules of that program.

In general, the VA caregiver stipend is considered a tax-free benefit and is not reported to the...
View More

1 Answer | Asked in Tax Law for California on
Q: Can a 501c3 use their funds, raised via memberships and donations, to buy flowers for a past Member's funeral?

In California

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023

Yes, a 501c3 organization can use their funds, raised via memberships and donations, to buy flowers for a past member's funeral. However, the purchase should be reasonable and related to the organization's charitable purpose. The IRS requires that tax-exempt organizations spend their... View More

1 Answer | Asked in Immigration Law, Tax Law and Social Security for California on
Q: Can I file a lawsuit against SSA in this case? SSA assigned same SSN to 2 different people who have same full name.

They have same first & last name, same DOB, and same SSN. They applied their SSN in 2018 while they obtained their working permit. One of them obtained her SSN on 06/2018, and the other one obtained hers on 07/2018. They never know that their SSN was assigned to 2 people.

1. They... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023

It may be possible to file a lawsuit against the Social Security Administration (SSA) in this case, but the specific legal options and remedies available would depend on the facts and circumstances of the case, as well as any applicable laws and regulations.

Some potential legal claims that...
View More

1 Answer | Asked in Banking, Business Law, Contracts and Tax Law for California on
Q: Can our business partner have his accountant amend our 2021 taxes for an LLC without our consent?

We (our LLC) formed a multi-member LLC with another partner (an individual) to renovate and sell homes in CA. In 2021 the business incurred a number of expenses renovating a home starting in Oct. The renovation was completed and sold August of 2022. Our LLC taxes were completed in 2021 for 2021.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 19, 2023

As a member of a multi-member LLC, your business partner does not have the authority to unilaterally amend the LLC's tax return without the consent of all members. Generally, all members of an LLC must approve any changes to the LLC's tax filings. Additionally, if your LLC has a written... View More

1 Answer | Asked in Tax Law for California on
Q: my grandma died the state took her house due to unpaid property taxes as her granddaughter does the state owe me money
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 19, 2023

I'm sorry for your loss. If your grandmother's house was taken by the state of California due to unpaid property taxes, you may be able to claim any remaining proceeds from the sale of the property after the taxes and any other debts owed by your grandmother are paid.

However,...
View More

1 Answer | Asked in Tax Law for California on
Q: if i sign over a house for free do i have to pay taxes on it
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 19, 2023

If you sign over a house for free, you may still be responsible for paying taxes on it, depending on the circumstances.

If the house is your primary residence and you have lived in it for at least two out of the past five years, you may be able to avoid paying capital gains tax if you sell...
View More

4 Answers | Asked in Estate Planning and Tax Law for California on
Q: My husband is an American citizen and I am a British citizen does that effect a revocable living trust?
Julie King
Julie King
answered on Feb 14, 2023

There are different tax rules relating to non-citizens because the U.S. government is concerned people will take assets to another country and not pay any applicable U.S. taxes. Also, in many situations, it is better to have a citizen act as trustee, but a lawyer cannot determine if that applies... View More

View More Answers

2 Answers | Asked in Estate Planning, Tax Law and Business 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... View More

View More Answers

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... View 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... View 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... View 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...
View 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...
View 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... View More

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.