Get free answers to your Tax Law legal questions from lawyers in your area.
Purchased a car in 2018. My zip code is shared with the City of Riverside, which has a 1% higher sales tax. Can I claim the 1% difference on my annual State Income Tax? I overpaid sales tax buy $550. Form CDTFA 101 indicates I had 6 months to file for a refund, which I was unaware at the time. Can... View More 
answered on Mar 28, 2019
No. ZIP codes have nothing to do with county and city physical jurisdictions. So, unless you actually live within the city limits (get a map and look, or call the city and ask) you cannot (lawfully) claim the extra 1% sales tax.
BTW, is cheating really worth it? Think: If the car cost... View More
I'm 83 and she is my caretaker and we live together. She has put her life on hold to care for me and I want her to own the house before I die. I have an old living trust that is no longer relevant. I believe the trust splits the property equally between my five children. What type of... View More
answered on Mar 19, 2019
I recommend you talk with an Elder Law Attorney as you raise many important issues very specific to elder law.
answered on Mar 17, 2019
Your premise is faulty.
Income does not only mean profit, it's not true that only corporations can make profits.
Falsifying tax return documents is a felony and you'll end up owing way more and possibly in prison.
If you want to take that risk it's your... View More
I have not lived in the condo for over 10 years, I am over 55 and have never used my exemption, I am married. We want to use the money from the sale of the condo to buy a house. My husband has never bought a house and qualifies as first time buyer.
answered on Mar 6, 2019
Yes. It's a business asset so the net gains would be taxed at long-term capital gains rates.
You can't use the like kind exchange rules to go from rental to personal.
Me and my husband (wife and husband) are an old, married couple that own a rental property in California. The property was purchased after we married. I would assume it would fall under community property law. However, the property deed is in the name of my husband. What I want to know is with a... View More
answered on Feb 21, 2019
Can you? Yes.
Should you? Maybe not. Why all the trouble? You might be hurting yourself on taxes.
You can change ("gift" or "transmute") things from Community to Separate Property at will any time. You are correct that it is currently Community Property.... View More
I am trying to get a hard money loan mortgage against my property and were about to close escrow and just found out thatI am trying to get a hard money loan mortgage against my property and were about to close escrow and just found out that there are a tax lien from IRS and state against my... View More
answered on Jan 31, 2019
You should really determine if you owe the money. You want to find out what tax years the lien covers. Call the IRS or State to ask for a record of your account. If you have already paid it off then fill out a lien discharge request. If you are disputing the underlying debt you can either file an... View More
I have done several jobs with who I thought was a legal contractor over several years. I was always paid in cash & never had a problem. However, I always had a sixth sense he would con me every chance he would get when it came to small things like verbal commands etc. I overlooked this. I... View More
answered on Jan 14, 2019
You may want to report him to the IRS and FTB for tax fraud. If he owes you money, you may want to sue him for that in court. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read... View More
answered on Jan 11, 2019
Ask him the purpose for his needing to know. Most likely it is so the Trust can report the distribution of funds to you on IRS Form 1099. That would be a legit reason for needing to know.
As US citizens resident in Ireland for the last ten years, we have been filing both US and Irish taxes. We must file for Irish tax in 2018 also although we have been in the US since April. We are visiting the US while we decide if we want to return here. We return to Ireland on 27 March, 2019, for... View More
answered on Jan 8, 2019
CA Franchise Tax Board requires all individuals who are domiciled in California to file a state tax return. There may be several factors to consider whether or not you need to file your tax return in California including but not limited to: was there a source of income earned in California, how... View More
answered on Jan 7, 2019
In the usual course, the IRS automated collection system [ACS] will issue either a CP90 or LT11 Final notice of intent to levy with a notice of your right to a collection due process hearing within about 5 weeks after issuance of the CP504.
However, I have encountered several situations... View More
answered on Jan 6, 2019
The 30 day period during which a timely request for a Collection Due Process Hearing is not impacted by the shutdown.
The shutdown can and in all likelihood will delay the scheduling of the hearing.
Due to some personal reasons my wife did not include her name in our home deed when we purchased our home (while we were married) last year. I currently hold title as sole and separate owner. A year later, we are well past some of our personal problems now and I want to try and include her name in... View More
We have not gifted before. We understand we would have to file an IRS 709 form. Do we have to file any other state or federal forms?
answered on Jan 2, 2019
No you do not have to file an additional tax form for California. However if you are gifting the home to your daughter, you should also fill out the Primary Change of Ownership Form (PCOR) with you county.
The fiduciary and his accountant both said it is “standard practice” even though I never received any distributions from the trust, he wants me to amend my taxes for 3 years back and say I did get money and then pay the taxes from my pocket. There is no information that I will receive the money... View More
answered on Dec 13, 2018
Quail Valley:
From what you describe, something does not sound right. In some instances a trust or estate will "pass though" tax liability to the beneficiary but only where that liability is connected to a distribution. For example, if a trust makes a distribution to a beneficiary... View More
answered on Dec 4, 2018
Not if you are in agreement with the results of your audit. I recommend hiring a good tax attorney unless you are sure you can provide everything the IRS is requesting with ease.
If we do, how does it work? Does it work the same for both federal and state law? If we do not, then do we need to fill out any form claiming that we are not participating in any business activity or? Thank you.
answered on Nov 9, 2018
Hi. The company would have to register with California as a foreign entity (foreign means entities outside of California, not just the U.S.). As a result, $800 minimum Franchise Tax to California per year would be due. Also, any activity conducted in California will result in income tax liability... View More
I lived in Japan for 3 years FTB claimed I was in CA. After years of not receiving collection status notices (I still live in Japan), a family member finally received one and informed me.
I was NEVER provided proof of CA residency by FTB and the onus was on them to do so. From their... View More
answered on Nov 9, 2018
Hi. Yes, you would have a cause of action in civil court against the FTB for unauthorized collection action. There are some details that are not in your question that would need to be assessed to determine the strength of your case. The fact they are willing to refund you the amount retained shows... View More
answered on Oct 24, 2018
unless the Award specifies it is repayment of wages earned but never paid (extremely unlikely, the WCAB Judge has no jurisdiction over wage claims), then the Workers Comp award is a non-taxable event. It is payment for surrending rights to further treatment and permanent disability award, it is... View More
We are almost finished building a home in the Monterey, CA area. My husband's job may force us to move out of the area within 6-9 months. If we make a gain on selling our home of $200k having only lived in it 6 months, with the tax exclusion for a move, how much in Capital Gains would we... View More
answered on Oct 17, 2018
You will still be able to take the exemption from gain on the sale of a personal residence under certain circumstances. It's called the 50 mile rule. If the location of the new job is 50 miles or further away you will be able to take the exclusion of the 2-year rule and the entire... View More
answered on Oct 3, 2018
NOT TAXABLE. It's not wages for earnings. it's a partial payment on a physical and monetary loss.
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