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California Tax Law Questions & Answers
1 Answer | Asked in Real Estate Law, Tax Law and Probate for California on
Q: My brother and I have inherited two properties. What's the best option for selling one and paying the least in taxes?

My brother is the executor of the will, and probate process is almost done. We would like to know the options for selling one of the two properties. They are both residential properties in the same city, Modesto. Thanks

Bruce Adrian Last
Bruce Adrian Last
answered on Aug 20, 2018

Dear Katy, TX:

Well, you have basically two options: 1) Sell the properties as part of the probate process, or 2) Distribute the properties to yourself and your brother and sell them later. Neither really has any effect on the taxes you will pay as far as capital gains.

When a...
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1 Answer | Asked in Tax Law for California on
Q: If my ex wife’s tax return was withheld by IRS for the overpaid returned that was filed jointly when I was still marrie

Can my ex wife sue me in small claims court for the half of what was withheld on her tax return?

Linda Simmons Campbell
Linda Simmons Campbell
answered on Aug 16, 2018

If your ex-wife was not responsible for the debt then she can file Form 8379, Injured Spouse Allocation. The IRS will allocate the amount that she should have received if she had filed separately. This will hopefully keep things on a more friendly note between the two of you.

If you...
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2 Answers | Asked in Tax Law for California on
Q: Is husband liable for Wife's tax debt when filing separately in a community law state?

My wife and I are married and filing separate returns in a community law state. She owes $7,000 in taxes and I owe 1,000. If she defaults, will IRS go after me to collect part of her debt? Are our debts considered community or separate?

David S. Greenberg
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David S. Greenberg
answered on Aug 15, 2018

In a community property state, your wife has a community interest in your income. The IRS therefore has standing to engage in enforced collection by way of levy of your wife's community interest in your income.

A separate property agreement would protect you from such enforced...
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1 Answer | Asked in Family Law, Tax Law and Appeals / Appellate Law for California on
Q: COUNTY OF LOS ANGELES VS MYSELF served copies of the SUMMONS AND COMPLAINT PARENTAL OBLIGATION.

The Local child support agency had the wrong address on file for me. I did not no of any court order for child support was in place. The other parent in this case applied for public assents for her and my kids, at the time of her applying she reported the income she was receiving from me. I was... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Aug 13, 2018

Before speaking with an attorney, call the child support agency. Speak with the representative or lawyer who is assigned to this particular case and discuss your options with him/her. Be sure to also discuss your lack of notice of the pending action and of the fact that you have been paying Mom... View More

1 Answer | Asked in Business Law and Tax Law for California on
Q: Do you have to have a business license in order to charge taxes on goods in CA?
Frank Huerta Jr
Frank Huerta Jr
answered on Aug 3, 2018

You should have one, but regardless if you sell items subject to sales tax you are responsible for paying it.

1 Answer | Asked in Real Estate Law and Tax Law for California on
Q: House in a Trust- 2 beneficiaries. 1 wants to buy 2's interest. Does Prop 13 parent to child transfer tax rate apply?

If beneficary 1 buys beneficiary 2's interest in the property, it would be removed from the Trust and put in Bene 1's name. The Settler (mom) has been dead less than 3 years. Or will the new market value set the tax rate?

Bahram Madaen
Bahram Madaen
answered on Aug 2, 2018

It depends on the term of the trust and the current trustee's power. if the trustee could amend the trust, he/or she might be able to do so without violating Prop 13. I recommend contacting an attorney to review the trust.

3 Answers | Asked in Criminal Law and Tax Law for California on
Q: I'm being followed by helicopters and drones

Voicemail message from the IRS criminal investigation announced that they have a arrest warrant for me

Dale S. Gribow
Dale S. Gribow
answered on Aug 2, 2018

the IRS does not call.

i suspect it is a SCAM

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1 Answer | Asked in Tax Law for California on
Q: Does a release of a Calif. FTB tax lien also appear in public records? i.e. the lien would shows, so would the release

A tax lien is registered against me, from more than 25 years ago. The lien has expired under statute of limitations. The lien was reported to credit bureaus, but has since dropped off credit bureaus because it is older than the 6-7 year old credit bureau retention period. So if I get a release from... View More

Frank Huerta Jr
Frank Huerta Jr
answered on Jul 28, 2018

The FTB recommends that you contact the credit agencies directly to report a modification or release of a lien since they do not report it directly. I would get a copy of the notice of release for the lien and send it to the credit bureaus requesting that they remove it from your record.

2 Answers | Asked in Criminal Law, Divorce, Family Law and Tax Law for California on
Q: My ex husband filed jointly the year we were in the process of divorce. I assume he ucollected the full refund amount

Update: I'm not getting a clear answer on this. I only recently (a month ago) found the paperwork. The check should have been reissued in both names "and." How is it the check was cashed or deposited into an account that was solely his, without my signature or knowledge? So what... View More

Eric  Day
Eric Day
answered on Jul 21, 2018

If anything can be done, it would have to be taken care of through the court holding jurisdiction over the court. The IRS just issues the correct refund. They are not going to be aware of your pending divorce decree.

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1 Answer | Asked in Real Estate Law and Tax Law for California on
Q: Buyer is willing to pay me $20,000 more above property appraisal of the buildings outside of escrow on a Bill Of Sale.

Is this legal?. Will I get taxed (sales tax) or otherwise on this additional money for the building which is attached to the land.?

Thomas A. Grossman
Thomas A. Grossman
answered on Jul 16, 2018

I don't know, since you are going outside of the escrow. I would be careful.

3 Answers | Asked in Consumer Law, Tax Law and Education Law for California on
Q: My name is Sam and i have accumulated over $70,000 in student loan debt over the last 25 years.

During that time i finally graduated Chico State University. I don't have to pay this debt because i have qualified for Total and Permanent Disability through a student loan company called Nelnet. There is a catch during the last 3 years

from May of 2015 through May of 2018 i had to... View More

William John Light
William John Light
answered on Jul 14, 2018

You haven't posted enough information, and you should see a tax professional. However, the federal government has published on this topic (state taxing authority may have a different view):

"Is the discharge of a student loan for Total and Permanent Disability (TPD) taxable?...
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4 Answers | Asked in Tax Law for California on
Q: Social Security and Pension garnishment

I am a single 65 year old. I have 6 figure liens by the IRS and State of California against me. I have no way to even attempt to settle these claims. They have been garnishing my $60,000 salary for 5 years now. I am getting ready to retire, and will be eligible for $2,000 a month in Social... View More

David S. Greenberg
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David S. Greenberg
answered on Jul 10, 2018

The IRS can only levy 15% of your social security income.

The State of California cannot levy your social security income, but they will attempt to collect by levying your bank account. Legally, the social security funds in your bank account cannot be taken by the State of California, but...
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1 Answer | Asked in Business Law, Real Estate Law, Tax Law and Collections for California on
Q: My parents receive a tax bill and a lien has been put on their 1/3 interest of timberland.

The unpaid tax is on a mobile home that they " purchased" from this neighbor in a trailer park. She never produced the correct paperwork to get it out of her name or into my parents name. My dad ended up murdered a few years later. My mom was unaware of any would be taxed in connection... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Jul 1, 2018

Yours is a complicated question, and a sad situation. There is not much you can do about the mobile home, since it was sold and the Park is closed. As to your parents being hit with a 1/3 tax bill and lien, I think they will have to pay the Bill to get the Lien on the land removed. Without... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Tax Law for California on
Q: Suit 4 disability discrimination&Pn-Suff A.I never worked for the company.B. Settled out of court. Tax help?1099?

I never work for the company so there's no hours or anything attached on the what's the best way for me to have them fill out the 1099 and what item and percentage or items and percentages should I put it on the 1099 I want to pay as little amount of taxes as possible

David S. Greenberg
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David S. Greenberg
answered on Jun 30, 2018

Taxpayers receive 1099s at the end of the tax year whey they receive any type of non-employee compensation,

The form is prepared by the person or company who pays the money.

You, as the recipient of the money, do not participate in the preparation of the 1099.

1 Answer | Asked in Tax Law for California on
Q: Can my settlement be taxes

Disability discrimination. . Paid and suffering . I never worked for the company . So no wages attached.

David S. Greenberg
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David S. Greenberg
answered on Jun 29, 2018

Neither the federal government (the IRS), nor your state, can tax you on the settlement or verdict proceeds in most personal injury claims. Federal tax law, for one, excludes damages received as a result of personal physical injuries or physical sickness from a taxpayer's gross income.... View More

1 Answer | Asked in Tax Law for California on
Q: How much taxs am I responsible for in a 100k settlement?
David S. Greenberg
PREMIUM
David S. Greenberg
answered on Jun 27, 2018

It depends on the basis for the settlement. For example, personal injury, lost wages, workers compensation, etc.

Once you describe the type of settlement it was,

it will be easy to describe the tax consequences.

1 Answer | Asked in Tax Law for California on
Q: I am looking for a lawyer who can help with a transient tax situation I have with the City of Oceanside.

The attorney would need to be well versed in municipality's and dealing with city government.

David S. Greenberg
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David S. Greenberg
answered on Jun 21, 2018

Although I am in private practice now with regard to tax matters, I at one time represented the City of Oceanside.

I invite you to contact my office to schedule a free consultation . The meeting will afford the opportunity to discuss how my services may be of substantial benefit to you.

1 Answer | Asked in Tax Law for California on
Q: I got billed for CA LLC taxes that I do not owe.

I began and dissolved a single entity LLC in California which was only 5 weeks in duration Jan-Feb 2018. I immediately filed a 568 form for 2018 after dissolving it, declaring the business was short term and no business was actually ever done in it. Just a few days ago I received a bill with... View More

David S. Greenberg
PREMIUM
David S. Greenberg
answered on Jun 16, 2018

The FTB Taxpayer Advocate can provide you with assistance in resolving the issue.

Contact information appears at:

https://www.ftb.ca.gov/Contact_Us/tpa_problems.asp

2 Answers | Asked in Tax Law for California on
Q: If father is co-signer in car lease will his prop be st risk if a fed tax lien is placed on me during off in comp proces
Eric  Day
Eric Day
answered on Jun 13, 2018

The IRS will place liens on all property owned by the tax debtor. Therefore, if your father does not owe the IRS money and has other property, that other property will not be at risk of having a lien filed on it, nor will they be able to levy or seize that property. The vehicle in which your name... View More

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2 Answers | Asked in Tax Law for California on
Q: I am on social security (age -86), in CA and will be receiving a monetary inheritance from Norway. Do I owe tax?

I want to know if there are any taxes I will owe for receiving my inheritance (money) from another country (Norway) even though I collect social security.

David S. Greenberg
PREMIUM
David S. Greenberg
answered on Jun 8, 2018

Funds that you receive as an inheritance do not constitute taxable income.

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