Get free answers to your Tax Law legal questions from lawyers in your area.
Normally, I am self-employed (independent contractor) freelance exec. assistant and run my business from my apartment and use Schedule C to deduct expenses for that business. However, from Jan. to Sept 2021 I collected Pandemic Unemployment Assistance and did not have any earned income and my PUA... View More 
answered on May 4, 2022
Just to clarify, it you looked for work unrelated to your business, the expenses may not qualify. However, if the expenses are related to maintaining your current business, they may qualify as expenses even if you didn't have earned income for that year.
I had a tax issue and the issue has gone to IRS court. Can I do a settlement with the IRS instead of going to court? The Tax Agent who has handled my case bailed out at the last moment. Is it advisable to go with an attorney who may charge up to 25k start and may go up? Where should I get good... View More
answered on Apr 3, 2022
Yes, you most certainly settle your case. In fact, a very high percentage of Tax Court cases are settled.
I can afford to not work. But a past employer wants me to work for them. Ideally, i want my taxable income to be as low as possible when i sell our house, correct?
answered on Mar 29, 2022
If this home qualifies as your primary residence, you will qualify for a capital gain exclusion of $250k, if single, or $500k, if married. If this is an investment property, you may defer taxable gain by doing a 1031 exchange. There are also ways to change the characteristics of properties in... View More
I have a question regarding taxes…my employer last year classified me as an independent contractor, however i was looking into CA state law and based on what I was reading, I should have been classified as an employee. The employer gave me a 1099 and now I owe around $3000 in taxes. Is there... View More
answered on Mar 11, 2022
In the employment law context, if you are actually an employee and not an IC, you have the protections of the California Labor Codes that you can adjudicate against your employer. Specifically, as an employee, you are entitled to overtime pay ( if you work more than 8 hours per day/ more than 40... View More
After I confronted my boss about him illegally giving me a 1099 since I’m not a independent contractor nor self employed i demanded a w2 . He messaged me insisting I was and he said if I ask for a W-2 he said say good bye to my freedoms and basically my flexibility I’ve been given as... View More
answered on Mar 9, 2022
It is unlawful to retaliate against an employee who refuses to participate in illegal activity. It sounds like your employer is retaliating against you for refusing to go along with 1099 which you believe is improper in your case.
I suggest you consult with an employment law attorney who... View More
He gives me 1099 as self employed even though I’m not and I’m paid every two weeks and stay in office.
answered on Mar 8, 2022
First, it needs to be determined whether you are actually an independent contractor (IC) and not an employee. Just because the employer characterizes you as an IC, does not make it so. In California, it is not easy to qualify to be an IC if the employer exercises control over you and you are... View More
The employer name on the w-2 is the company's HR outsourcing company, not the company I'm working for. Is this legal to do? This would affect my personal obligations such as for example buying a house or applying for a visa.
answered on Feb 24, 2022
The name of your employer from your pay stubs should match what is on your W-2 because the law requires the true name of the employer to be on the pay stubs. Abbreviations can be ok if they are not concealing the name of the employer.
Mother died about 7 years ago- no one changed the ownership of the deed or house to my siblings. Now my siblings want nothing to do with it and I am stuck with the house. The house in 2006 had a loan pulled out of it for 201,500. But i have had to make payments on the mortgage to make sure its... View More
answered on Feb 24, 2022
you will need to contact and consult with a probate attorney as to your options.
The home has been equally owned by the sisters for 50 years. They both have family who would ultimately inherit the property. Would the tax basis change? Would the property taxes change?
answered on Feb 21, 2022
Converting a single-family residence to a duplex will not necessarily increase the value of the home. However, if the value is increased, the property taxes will be reassessed to reflect the increased value of the home. Per the California Board of Equalization website, new construction or... View More
My grandma moved the property into a living trust in the mid 90's. She passed away in 2019 and the trust became irrevocable. The trust gives a life estate to my uncle. His daughter (my cousin) and I are executors of the trust. As the grandchildren we get the remainder of the property to do... View More
answered on Feb 15, 2022
Depending on the language in the trust, you should qualify for the Grandparent\Grandchild exemption. You can take a copy of the trust to the County Assessor's office and explain the situation to them. If that doesn't work, contact a lawyer in your area for assistance. Best wishes!
I'll be working from a home office, based in California. Would like to incorporate in Florida.
The nature of the job is either consulting to tech. companies or offering engineering services or selling them designs which I make on my own.
answered on Feb 13, 2022
Generally, if a foreign corporation (e.g. a different state) is operating/doing business in a different state than the state in which they are incorporated, they register with the state agency that regulates corporations (in California, the Secretary of State) as a foreign business entity (e.g. a... View More
answered on Feb 3, 2022
Yes, you are allowed to pay yourself a salary. Work with your accountant to be sure you are getting the best tax advantages.
A family member of mine was bequeathed a house from a living trust. He has not claimed it because he doesn’t work so he can get medi-cal to cover the medical care that he needs. Would he be able to claim it and transfer it to someone else without it affecting his qualifications for medical or his... View More
answered on Jan 19, 2022
No. Deeds are public records that anyone can see and receive a copy of simply by asking the County Recorder and paying the copying fee. Many counties have their deeds online for easy access. Also, be aware that there is a “look back period” before someone can qualify for some needs-based... View More
Will California still go after my wife’s income or just mine to pay back the debt
answered on Jan 7, 2022
Because Washington is a community property state, you have a community interest in your wife's earnings. The California FTB can therefore collect on your community interest in those earnings.
The letter was sent to my home re: Request to change address to x address. We have been married for a year.
answered on Jan 7, 2022
YOU PROBABLY WANT TO ASK THIS QUESTION TO A FAMILY LAW ATTORNEY IN YOUR AREA.
CALL FOR A FREE CONSULTATION ASAP.
answered on Dec 23, 2021
You can ask for your employer to issue a stop payment and provide you with a cashier's check.
The fact the bank put a hold on the final check is a bad sign.
Depending on whether the check is ultimately rejected, you may be entitled to waiting time penalties for each day late up... View More
The original settler is deceased. The trustee has power to distribute his 1/3 of income and principal to himself. The question is whether the Trustee-beneficiary is considered a substantial owner under IRC 678(a)(1) and therefore taxed currently on his 1/3 of trust income.
answered on Dec 23, 2021
It is most likely a non-grantor trust, but there is no way to know unless a lawyer reads the terms of your particular trust. Each trust contains different language. The main question will be whether the settlor/grantor of the trust has any control or powers. Take your trust to an attorney in your... View More
My Ex is supposed to give 50 % of his pre-ipo stocks over to me and keep me informed what he is doing with them. But he kept me in dark exercised 50% of them and never gave me an option to exercise as it was community property in his name and now claims all exercised shares are his. Now if i agree... View More
answered on Dec 10, 2021
more info needed.
it sounds like a family law matter and I do not accept divorce matters.
present this to your divorce attorney and if you don't have one request a courtesy consultation with one
If I start a S corp or that K1 should be issued in my S corp name, specifically?
answered on Dec 5, 2021
If your S Corporation becomes a partner in the partnership, then your S Corporation will report the income from the partnership as evidenced by K-1 issued to it by the Partnership. Then, you will report the income on your K-1 from the S Corporation because the partnership income passes through to... View More
My parents bought the home in 1995 and owned it 50/50. About 6 years ago they divorced and my mother moved out and my father stayed living in the home with my brother and me. My father recently passed in June of 2021 and left his 50% ownership to my brother and me in his trust. My mother is gifting... View More
answered on Dec 4, 2021
You shared a lot of facts and posed what ultimately appears to be a income tax question concerning the tax effect of your sale of your 1/2 interest in the house. You are not asking about the effect of Proposition 19 on the property taxes you would pay.
Here are the income tax rules that... View More
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