Get free answers to your Tax Law legal questions from lawyers in your area.
The company was sold but only the assets were acquired. Does the tax debt fall on me personally?
answered on Nov 18, 2021
Section 6829 of the Revenue and Taxation Code provides that the California Department of Tax and Fee Administration (CDTFA) may pursue collection action against certain corporate personnel for any unpaid corporate sales and use tax liability.
I worked for my (ex)boyfriends family business for over a year and about 2 months after we broke up i started seeing a coworker when my ex found out he punched the coworker and the boss "his dad" said we all 3 had to have a 2-week suspension to cool off. However, during the 2 weeks, I... View More 
answered on Oct 21, 2021
In California you are considered to be an at will employee unless you have an agreement to the contrary with your employer about that status. That means you can be terminated at any time and for any reason or even no reason at all. If the employer views you as being a disruption - whether that is... View More
Hello,
My wife and I live in Washington state. We both work remotely for Washington companies. As such there are no state income taxes for us to pay.
She has received a job offer from a California based company. Though she would be working remotely from Washington, the company wants... View More
answered on Sep 21, 2021
If she is working remotely and designated as employed through the California office, she could be subject to California income tax. You should really take your situation to a Tax Attorney in WA, and discuss it for a specific opinion. Sometimes people working outside California's boundaries... View More
I need to provide my SS for K1 for trust distribution. I have changed my first name but trust is in old name. Do I need to give my new name to trustee?
answered on Sep 13, 2021
You need to discuss this with the Trustee if you have a legal change of name. The K1 has to match your legal name that goes with your SSN.
Hello, I am planning to found my own consulting firm. I am helping startups in the US and EU with public policy, grant strategy, fundraising and business partnerships. Should it be a LLC or sole proprietor? Which one will be better for tax-wise?
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answered on Aug 6, 2021
The answer depends upon three initial focus points: [1] your exposure to liability ... [2] your desired management structure and [3] how you would like to see ownership and succession. The next step for you would be to schedule at least two free initial calls with attorneys of your choice ... by... View More
I paid 2,100 for my son's washington dc trip which was before corona started, but they only gave me a refund of 1,800 which was 300 less than what i even paid and said its for the processing fee??? Can i sue them?
A lawyer friend suggested an irrevocable trust. Does that make sense?
Thank you,
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answered on Jul 17, 2021
It is not clear what “further taxation” concerns you. Is it income tax? Estate tax? Real property taxes? Something else? It could be that you yourself do not understand the taxation of SSDI benefits. You should consult with a tax advisor about that. Most likely you will not need any kind of... View More
My parents live in a house I own. I don't want to charge them rent, but do want to set up a rental agreement where they will agree to pay the property taxes and utilities. Do I need to count the property taxes and utilities paid by them as rental income on my taxes?
answered on Jul 11, 2021
The Internal Revenue Code clearly calls for such payments to be characterized as rental income.
My Grandparents have made a condition on their Trust that no funds should go to issues of my Mom who are not permanent residents of the United States. I have been living in Germany under temporary residency permits and now I’m in California considering moving back to US now in order to protect... View More
answered on Jul 9, 2021
The term "permanent resident" of the U.S. in immigration law context refers to someone who is NOT a U.S. citizen but has obtained the right to permanently reside in the U.S. (a.k.a. Green card) and is physically present in the U.S. typically at least 6 months out of any year (so not to... View More
I took a job with the understanding that I could let them know before the first paycheck whether to submit the W2 form I filled out or whether to change it to a 1099-nec. Payroll wasn’t informed and issued first check as a W2 and I wanted it as 1099. How can we fix this before second payroll?
answered on May 27, 2021
You don't get to decide if you are paid on a W-2 or 1099 basis. If you are an employee, you must be paid on a W-2 basis. Reporting income on a 1099 basis means you are being treated as an independent contractor, and that is a legal conclusion based on many factors. In California it is very... View More
Hello
I created a new LLC last July and I'm the only member.
So far the LLC has not been operative and has generated no revenue.
Do I need to file an income Tax return or pay the $800 California Franchisee tax?
Thank you.
answered on May 17, 2021
Unfortunately , yes, you have to pay that franchise tax regardless of whether your LLC is active or inactive. So long as the LLC is in existence, you must pay the annual tax. Some people make the mistake of only paying the tax when they earn an income, which causes the LLC to go into "FTB... View More
We are a MA-based S corporation. If we have an employee who works remotely in CA, must we pay the franchise tax (minimum $800)?
RTC DIVISION 2 - PART 11 - CHAPTER 2 - ARTICLE 2 - Section 23153 says that this only applies to (1) corporations incorporated in CA (we're not), or (2)... View More
answered on Apr 30, 2021
Employees have nothing to do with the California Minimum Tax. If you are an entity, LLC, Corp., LP, etc., that has applied for, and obtained qualification to do business in California, you are required to pay the Minimum tax of $800 per year, whether you have any employees or not, in California or... View More
Would he receive any benefits from this, tax write offs etc? Also he owes taxes on the property, I am willing to pay those off to make this happen. I plan to use this as a nonprofit headquarters, Art/Yoga/Event Space. Its already zoned for 4 residential structures
answered on Apr 20, 2021
Real estate transfers and planning for the tax consequences are never do-it-yourself tasks. Tax benefits cannot be calculated without information about the property and the taxpayer. You say that you want a nonprofit HQ in a space zoned for residences. This by itself should be a red flag. If you do... View More
Father-in-law is Bill. His 1st wife is Mary. They had a trust that owned 20 rental homes. Beneficiaries were 3 kids. About a year after Mary died, Bill remarried. Ten yrs later, Bill and second wife Joyce created a trust. At that time, 10 rentals were put in a "B" trust (Mary's... View More
answered on Apr 12, 2021
The 'B' subtrust of the Mary and Bill trust, holds ten properties.
Joyce presumably has a right to periodic income from rents.
Could a loan be arranged using equity based on one or more properties to secure a loan, which would be repaid on the death of Joyce?
This... View More
Without my permission I was used as a dependent there for I didn't get the enconmic payment and when I file online it gets rejected or something goes wrong
answered on Apr 12, 2021
You will need to file a paper return and include a note indicating that you should not have been taken as some one else's dependant.
I know there some ab 5 law now but I want to hire freelancers to stock my machines. I will purchase the food products for the machines. They will stock the machines once or twice a week. Meaning 1- 2 hours a week. I am giving them a set payment amount for each month they help me. Do I have to... View More
answered on Mar 21, 2021
The chances are very high that those workers would be classified as employees. In today’s world, it is harder than ever to successfully classify a worker as an independent contractor. But a lawyer would need to ask a lot of questions before giving an opinion. For example, will the workers have... View More
as married and I'm always ahead of household she always thinks you can just do whatever she wants and get away with it all I want is what is mine my portion not the kids and not hers what can I do to get my portion
answered on Mar 19, 2021
Take her to Small Claims court.
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If a property tax becomes delinquent on a property which I do not own and which is uninhabited, and I pay that tax, do I then have a right to entry on to that property?
answered on Mar 19, 2021
Not unless you buy the property at a tax lien sale. You should contact a local RE attorney.
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I'm thinking I should apply for the 501(c) (3) status in the very beginning with no members or place to "worship" because in the beginning the IRS won't see me as anything that could be taking monies they could otherwise be taxing.
For example, if I'm just... View More
answered on Mar 19, 2021
The earlier the better. Then you have time to work out any snags.
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