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California Tax Law Questions & Answers
3 Answers | Asked in Employment Law, Tax Law and Workers' Compensation for California on
Q: My ex employer misclassified me and all employees as independent contractors . Repeatedly would not pay on schedule.

Recently terminated for demanding paycheck which consistently was late 3-4weeks. what steps do I take to report employer and clarifying to tax board the misclassification

Neil Pedersen
Neil Pedersen
answered on Jun 12, 2019

You should quickly find an employment law attorney to discuss these issues. You may well have a valuable claim, depending on what kind of employee rights were denied you as a result of the misclassification. You may also have a claim that would allow you to raise the misclassification and other... View More

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1 Answer | Asked in Contracts, Tax Law, Admiralty / Maritime and Business Law for California on
Q: Does buyer of 'boat' LLC have to register ownership immediately after acquistion? And whom is responsible for taxes?

In October 2018, I sold my California LLC which only asset was a boat (wholly owned by my single owner/manager CA S corp).  Licensed yacht brokers handled the sale through a maritime attorney.  The deal was a straight up deal, llc for cash.  The same maritime attorney represented both buyer and... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 11, 2019

You are sailing in unchartered waters--at least for me. In addition, there are some important facts missing from you question that prevent lawyers from advising you. Finally, competent lawyers do not answer questions about what might happen in the future. Too many possibilities.

1 Answer | Asked in Tax Law for California on
Q: Are taxes paid owed for a previous year fully deductible in year paid?

I am a disabled senior and my wife works part time. We were notified we owe taxes to IRS & CA FTB for 2014. Both tax agencies have tacked on penalty's and interest. If we pay them both off this year in full, what can we deduct off this years taxes? All of it? Just the tax that was owed... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 3, 2019

Real estate taxes paid are deductible in the year paid. Late fees, penalties and intertest charges are generally not deductible. Talk to a California tax lawyer.

1 Answer | Asked in Real Estate Law and Tax Law for California on
Q: If I bought my home in 2009 and rented it out for 11 months in 2011, will I owe property gains tax if I sell it?

I originally purchased the home for 228000, now we are selling for 349000. It has been our primary residence since 2009 except for the 11 months in 2011.

Andrew M Steiger
Andrew M Steiger
answered on May 31, 2019

Take a look at IRS Publication 523 to review the US tax treatment. The gain can be exempt if you meet the requirements and the dollar thresholds. That publication mentions that the prior use of space for rental does not disqualify exemption treatment if at the time of sale the property is used as... View More

1 Answer | Asked in Tax Law for California on
Q: If I am a non profit applying for 501(c)(3) tax exemption do I have to apply twice? Once for state and once for federal?

Assuming we meet the requirement for tax exemption

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 29, 2019

Free practical advice offered for the last 41 years to people starting their own small businesses:

The main difference between successful small businesses and those that fail within a relatively short period of time is good legal advice. The owners of most successful small businesses...
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2 Answers | Asked in Tax Law for California on
Q: I took a hardship withdrawal from my 401K while living in TX.

I moved to CA in the same year but after receipt of the money. Do I have to pay tax on the withdrawal to CA?

I am being audited from CA for 2015

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 28, 2019

IMPO you should not rely upon free online advice when the issue involves potential tax liability. Contact a tax lawyer in California and ask them to help you.

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1 Answer | Asked in Employment Law, Business Law and Tax Law for California on
Q: If my business' cofounder and I elect to stop receiving compensation for months, must I file state payroll reports?

The two of us are currently the only employees of our business, and only took a single paycheck of $100 each to set up the payroll system so it would be in place when we have employees in the future. We have since decided to delay any hiring, and will not be taking any compensation ourselves, for... View More

Neil Pedersen
Neil Pedersen
answered on May 24, 2019

This is a question best answered by your tax accountant. While owners can agree to not take a salary from the business there are tax consequences associated with that decision that you need to measure against the relatively small administrative charges you wish to avoid paying. Get in contact... View More

1 Answer | Asked in Real Estate Law, Tax Law and Estate Planning for California on
Q: CAN A LIZ PENENCE BE FILED AGAINST PROPERTY IN AN LLC THAT IS IN DISPUTE

A LAWSUIT HAS BEEN FILED FOR ELDER FINANCIAL ABUSE. IF THE PROPERTY ASSETS ARE FROZEN WHO DO THE TENENTS PAY RENT TO

Thomas A. Grossman
Thomas A. Grossman
answered on May 23, 2019

Without knowing all the facts, I would assume that rent payments should be put in a trust at the bank, to be released when the final results of the court hearing are known.

3 Answers | Asked in Consumer Law and Tax Law for California on
Q: I need advice on the course of action I should now take to straighten out a tax issue

An EA was paid to file for tax forgiveness on my behalf. He did not. I am now being garnished. He is not answering my inquiries. I also want to initiate legal action against him; but the tax issue first!

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 16, 2019

Use the tab called "Find a Lawyer" at the top of every page here on Justia to find competent experienced business or tax lawyers who might be able to help you. If the tax issue is a federal tax issue you may not need a California lawyer.

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1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for California on
Q: Can HOA dues be collected after death?

My mother has property in California that is essentially worthless (no house, just land), but she is still paying her HOA dues and taxes. When she passes, can I close out her estate and abandon the property completely, or can the HOA and tax collector force me to pay dues and taxes? If so, do I... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 15, 2019

If you do not want to keep your mother's land your plan to let it go will work just fine. Or she can sell it now.

1 Answer | Asked in Real Estate Law and Tax Law for California on
Q: How are my capital gaines determined on a property I purchased in 1989 in CA?

How are capital gaines determined when property i owned jointly and you are the last surviving owner

Jonathan Purcell
Jonathan Purcell
answered on Apr 24, 2019

1. In general, basis is the purchase price of property plus capital improvements, less accumulated depreciation.

2. On death, basis is revalued at the date of death fair market value (DOD FMV), usually by appraisal.

see, 26 U.S. Code § 1014

3. If the spouses each held...
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1 Answer | Asked in International Law, Admiralty / Maritime and Tax Law for California on
Q: Can duties & tariff be added 5-months after the shipment arrived at US port and merchandise sold.
Thomas A. Grossman
Thomas A. Grossman
answered on Apr 24, 2019

I assume there was a shipping receipt or written contract somewhere in this transaction. Reading the contract may answer your question. Transfer of title is a very complicated subject. I would seek help from a Maritime attorney in your area.

2 Answers | Asked in Tax Law and Construction Law for California on
Q: If someone fraudulently got my ssn and 1099 me but never had a signed w9 from me, can i fight this lie?

I worked for the person contracted to do this job and he couldnt contact them at tax time so he pretended to be someone else to get my ssn. I did cash some checks from him cause he claimed he couldnt withdraw the money and i had acheck cashing account. i cashed them for him to pay the people... View More

David S. Greenberg
PREMIUM
David S. Greenberg
answered on Apr 24, 2019

I have represented a taxpayer in a situation quite similar to yours. My approach led to the IRS completely exonerating my client.

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3 Answers | Asked in Real Estate Law, Tax Law and Probate for California on
Q: I live in my Sister's house for 15 years. My sister died and left no will but agreed to leave it to me. Help!

The county wants to auction the house for unpaid taxes. I am a veteran and on a fixed income. I want to stop the county from selling the property which I consider mine because my sister left it to me if not legally then orally. What can I do?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 24, 2019

Unless your name is on the deed or unless you have some other written document going to prove your deceased sister's intent, at this very late point in the foreclosure process your best (perhaps only) bet might be to attend the auction and bid on the house.

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1 Answer | Asked in Tax Law for California on
Q: How will I be penalized or charged with if not paying or doing my taxes
D. Mathew Blackburn
D. Mathew Blackburn
answered on Apr 22, 2019

5% of the tax owed plus interest.

3 Answers | Asked in Consumer Law, Criminal Law, Personal Injury and Tax Law for California on
Q: How do I proceed with signing up for a law apprenticeship in Los Angeles California Are any attorney’s accepting stude

I am looking for any attorneys or referrals for the law apprenticeship program or any information which could lead me into the right direction, thanks!

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 16, 2019

Although you have mentioned several legal terms commonly used in the legal profession, this is not a legal question; it is a personal question involving education.

You might want to use Google to locate one or more law firms or other places that might offer the kinds of educational...
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1 Answer | Asked in Contracts, Real Estate Law and Tax Law for California on
Q: I am joint owner with my nephew (age 54)of a family home. I want to sell, he doesn't. Can I gift him my half?

He is neglecting the house, is running out of money to pay taxes, and yet refuses to sell, even though he will get ALL the proceeds (I promised my mother) and the sale would be over 800,000$. I want off the ownership and he can make his own decisions.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 16, 2019

Yes, you can give your interest in the property to whomever you desire. However, you can also sue your nephew and probably force a sale that way. This might be the best way to sever ties with your nephew because the net amount of money received from the forced sale would then be divided equally... View More

1 Answer | Asked in Tax Law, Estate Planning and Real Estate Law for California on
Q: How are property taxes reassessed if only half of the house is sold?

I'd like to buy my uncle's half of the house that he and my mom own together, which is currently a rental property. It would become my primary residence. I'm wondering how the property taxes would be reassessed (since uncle to niece doesn't qualify for the reassessment... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 3, 2019

Although I do not practice in California, unless I miss my guess the taxing authorities will continue assessing taxes on the entire piece of property because they are only interested in collecting the taxes and do not care who owns it. You might want to engage the services of a real estate lawyer... View More

2 Answers | Asked in Tax Law for California on
Q: Is money given or used as personal Education loan tax deductible?

I think my answer is No. however, I would be receiving the money from a family member as a personal loan, exclusively for education. I’m just trying to see if it would be deductible for the loner or borrower. Also, what if the loan was set up through a family members business? Does it need to be... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Mar 31, 2019

Your question doesn't really make sense.

If you're loaning someone money to pay for school that would not be deductible. Neither would gifting the person money.

If you're the person borrowing money for education it may or may not be deductible. The deduction comes...
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