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 Immigration Law and Tax Law for California on
Q: If I claim my retired mother on my taxes, will it affect her citizen application? I pay more than 50% of her expenses.
Adan Vega
Adan Vega
answered on Mar 26, 2020

If you have named your resident mother as a dependent in your federal tax return, she is not disqualified and barred from applying for naturalization.

Good luck to you.

2 Answers | Asked in Tax Law for California on
Q: I am a nanny that’s getting paid under the table & my boss is trying to claim childcare on their taxes.

I’ve been provided with a w2 form for every nanny job I’ve worked for but when this job didn’t give me one I assumed they were paying me under the table. Now that they want to claim childcare will be both get in trouble or just me?

Paul Martin Vargas
Paul Martin Vargas
answered on Mar 26, 2020

Hi. If you have not been claiming this income, the IRS and FTB could inquire and you may have penalties and addition to tax. Your employer will be penalized as well if the IRS and FTB find out.

View More Answers

1 Answer | Asked in Estate Planning and Tax Law for California on
Q: Will I receive a check from the stimulus?

I am trustee of my deceased parents trust and estate, mom died in 2003 and dad in 2014. The assets of the trust are a supplemental investment plan my dad had that I now have and draw money from each year; the balance in the plan is now around $80,000 and I have been drawing $10,500 each year. I... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Mar 26, 2020

No.

2 Answers | Asked in Estate Planning and Tax Law for California on
Q: I file a fiduciary tax return for my deceased parents trust every year. The income is less than $75K.

Will I receive a stimulus check?

James Edward Berge
James Edward Berge
answered on Mar 26, 2020

That’s not my understanding. Only individuals with limited income will be entitled to a stimulus check, not trusts.

View More Answers

5 Answers | Asked in Bankruptcy and Tax Law for California on
Q: Are income taxes from about 10 years ago dischargeable through chapter 7 bankruptcy?

My partner never filed the tax return for those years. I believe IRS filed substitute returns and the income taxes owed for each year were assessed a while ago. Do I need to file returns for those years before filing bankruptcy?

David S. Greenberg
PREMIUM
David S. Greenberg
answered on Mar 22, 2020

Assessments resulting from substitute for returns are not dischargeable in a Chapter 7 bankruptcy.

View More Answers

1 Answer | Asked in Contracts, Employment Law, Tax Law and Business Law for California on
Q: How to pay taxes if you're a contractor? I signed W-9 form when I was hired. Thank you!

Hello,

I have a question regarding taxes.

My situation a little bit complicated, as I couldn’t find the answer to it.

I’m in the US on an F1 visa, already finished my studying and I’m on OPT for 1 year right now, till the end of October.

To remain in-country... View More

Linda Simmons Campbell
Linda Simmons Campbell
answered on Mar 13, 2020

If your company is a pass through entity you would file a Schedule C. I recommend paying an accountant to prepare your return. They will be able to help you reduce your tax bill. Make sure you use an experienced CPA.

1 Answer | Asked in Tax Law and Banking for California on
Q: What should I do, what to expect after depositing 85,000 usd in my checking account ?

Hello, In 2005 I left the US and a safe deposit box with 85,000 dollars in cash (old 50 and 100 dollar bills) at a bank. That particular branch closed on 2018 and the bank drilled my box. The bank has asked me to notarize at a US embassy a written petition to deposit the funds into my checking... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Mar 9, 2020

Any banking lawyer--in any state--who is also an Enrolled Agent at the IRS can contact the IRS on behalf of a client anonymously and inquire about this very unusual situation. Try contacting some banking lawyers here on Justia and ask them if they are an Enrolled Agent; request anonymity and then... View More

1 Answer | Asked in Tax Law for California on
Q: What is recourse if my state refund is taken erroneously to pay my brother's legal court debts?

My brother’s name is similar to my name, but I have no outstanding debts with any courts. The office that intercepted my refund wants me to file an appeal! How legal is this?

David Ostrove
David Ostrove
answered on Mar 4, 2020

You need to file a claim for refund with The California Franchise Tax Board. Include a detailed letter informing the FTB of all facts.

1 Answer | Asked in Tax Law for California on
Q: Can California collect on taxes never filed (2017). I was sent a bill threatening levy, but i haven't filed yet.

I didn't filed in 2017 and CA state sent me notices asking me to file. Then they sent a State Income Tax Balance Due Notice saying that if I agree with their notice and if I don't pay in full in 30 days they may begin collection action. If I disagree, I have to contact them. Can they... View More

David S. Greenberg
PREMIUM
David S. Greenberg
answered on Mar 3, 2020

If the FTB acquires income data by way of a W-2 or 1099, and if there is no response to a request that you file a return, the FTB has standing to file what is known as a substitute for return.[SFR]

They can then take collection action on the balance due shown in the substitute for return....
View More

1 Answer | Asked in Tax Law and International Law for California on
Q: A relative, who is a foreign citizen, is sending a relatively big gift to buy house (in excess of 100,000). is this tax

The person that is sending the money is the father of the US citizen, but he is not an expat of the US. He was born and continues to live outside the US, but does come to visit the US only around 1 month per year. So, he should pass the IRS “substantial presence test “, right ?

If my... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Feb 25, 2020

Foreign transfers of funds into the US are not taxable.

They are reportable on form 3520.

1 Answer | Asked in Criminal Law and Tax Law for California on
Q: Hello Ask a Lawyer, I am trying to help a friend with a IRS seizure of his money with a recent denial to return funds.

He recently (3-4years ago) sold his Airport Shuttle business franchise back to a larger company and he sold his used car in the same year. He deposited this large amount (over $10,000) into his bank account. The IRS took the money because he has a past criminal record. They claim that it is drug... View More

Dale S. Gribow
Dale S. Gribow
answered on Feb 17, 2020

MORE INFO NEEDED.

YOU WANT A FEDERAL CRIMINAL LAWYER COVERING THE JURISDICTION IN WHICH THIS HAPPENED.

IF THEY ARE IN A CONDITION TO HIRE A LAWYER CALL ME AND I WILL TRY TO HELP YOU FIND ONE.

1 Answer | Asked in Tax Law and Banking for California on
Q: please introduce me a lawyer to be familiar with transferring the money from USA account to out of USA.
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Feb 17, 2020

You need a very experienced former banking operations officer who is also an experienced international banking lawyer. They do not have to be a California lawyer because international bank law is the same everywhere. Search here on Justia using the Find A Lawyer tab at the top of any page.

3 Answers | Asked in Tax Law for California on
Q: We owed the IRS $1250 for 2017. I sent an amended return with a check. They keep demanding a payment of about $1250.

They cashed the check for $202 last March, but keep sending letters that don't respond to questions I ask, and provide no justification of the amount they're demanding. Specifically, the tax rate on the 2017 return was about 10%. The corrected tax they claim would use a rate of about 93%... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Feb 7, 2020

I'd suggest calling into customer service directly. https://www.irs.gov/help/telephone-assistance

Ask them what's going on. There are fake notice letters out there, but if you're mailing automated collections they don't always respond. You'll likely hear from a...
View More

View More Answers

1 Answer | Asked in Tax Law for California on
Q: Can I recover the federal taxes that have been taken out of my check if my income is nontaxable? I work for IHSS.

IHSS never informed me about this when I moved my client into my home. I was never given the paperwork needed for the federal gov. They have been deducting federal taxes since August.

Andrew M Steiger
Andrew M Steiger
answered on Jan 24, 2020

Try filing a return with zero income and report your tax withholding. The result should be a tax refund.

1 Answer | Asked in Tax Law for California on
Q: Is a non-California LLC making just passive (interest) income in California liable for California income tax?

I am a Texas resident who lives in Tijuana, Mexico. I am the manager and sole member of a single-member Wyoming LLC that only makes passive (interest) income from a loan and bank account interest in the state of California. Is my LLC subject to California income tax on this income? I have not... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Jan 22, 2020

California considers you to be “doing business” if you meet any of the following:

Engage in any transaction for the purpose of financial gain within California

Are organized or commercially domiciled in California

Your California sales, property or payroll exceed...
View More

1 Answer | Asked in Tax Law, Business Formation and Business Law for California on
Q: Hello, I dissolved a corporation back in September and I'm not receiving notices from the Calif. Franchise Tax Board

Hello, I dissolved a corporation back in September and I'm not receiving notices from the Calif. Franchise Tax Board that I owe in excess of $900 for back "taxes" in 2018, which I think is the $800 annual fee. Am I still responsible to pay this? or can I ignore these notices since... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Jan 22, 2020

Generally you're not personally liable for the franchise fees.

It may be worth having a professional take a look and write a letter to the franchise board.

1 Answer | Asked in Tax Law and Banking for California on
Q: Hi, I recently married in July 2019. My wife

We planned to file joint taxes but a federal student loan she owes from 29 years ago is coming up. We just opened a joint checking 12/20/19. Can our joint account be frozen and money removed for her 29-year-old debit? And will our tax refund be applied to her debit if we file joint? We are in... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Dec 23, 2019

Let me just say this: If your wife still has an old student loan debt--from 29 years ago--the first thing she should do is thank the Good Lord for the government giving her the 29 years of low interest loans. The second thing she should do is stop trying to avoid paying the debt. Why? Because--if... View More

1 Answer | Asked in Civil Litigation and Tax Law for California on
Q: Recently my husband and I overplayed the California Franchise Tax Board in the sum of $33,333 . We left California 2004

We never received a letter regarding overpayment. The reason we recently found about the overpayment is that the California Franchise Board had taken money out of are account saying my husband owed them $5204.11. Which we have proved that they made a mistake on owing them. So, my question is can... View More

Paul Martin Vargas
Paul Martin Vargas
answered on Dec 10, 2019

Hi. Yes, you can make a claim for refund, which may involve a civil action. Or, it is possible to handle this administratively. Please contact us to discuss.

1 Answer | Asked in Tax Law for California on
Q: Is it legal for the state of California to collect excise tax on cannabis. Aren't banks FDIC insured?

From my understanding FDIC banks cannot accept deposits from the cannabis industry. How are they depositing tax revenue from cannabis into FDIC banks?

D. Mathew Blackburn
D. Mathew Blackburn
answered on Dec 4, 2019

Yes.

Yes.

Once you pay the tax to the state it's not weed money anymore.

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.