Get free answers to your Tax Law legal questions from lawyers in your area.
I plan to petition for default divorce since my spouse is in agreement and we do not have any major assets or properties to settle. If we choose to not have a marital agreement, how does our tax liability settle after the divorce? Would we still be equally liable for the joint taxes on our incomes... View More 
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answered on Nov 21, 2023
In a default divorce in California, without a specific marital agreement addressing tax liabilities, the court does not automatically settle issues related to joint tax liability. If your divorce petition does not address tax matters, the court typically won't make specific orders about them.... View More
I recently immigrated to the US this year and have only had a part-time job so far. I've never filed taxes yet. In sharing my financial information with my spouse for the divorce process, is it okay if I don't have any tax returns to provide?
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answered on Nov 18, 2023
In California, during a divorce, both parties are required to disclose all financial information, including income, regardless of whether they have filed taxes. If you haven't filed taxes due to recent immigration or limited income, you should still provide any relevant financial documentation... View More
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answered on Nov 17, 2023
Under California law, sales tax is generally applicable to retail sales of tangible personal property, which includes baked goods. As the operator of an e-commerce platform connecting buyers and sellers, your responsibility to collect sales tax depends on whether your business is considered a... View More
I never received notice regarding an overpayment. They say they sent it but is was returned. I moved in 10/2017, mail was forwarded for 6 mos after that. What type of notice is required? Does this violate the 3 year statute of limitations under Gov Code s 19838?
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answered on Nov 13, 2023
Under California law, proper notice is typically required before intercepting a tax refund for a debt such as a wage overpayment. The entity claiming the overpayment must make reasonable efforts to notify the debtor, often through mailed notices. If a notice is returned, further steps may be... View More
CA case. Date of separation is filing date of 9/15/23. Couple still living together in home. Husband is retired and Wife is the major breadwinner (which is why husband wants to file separately). To stick her with the taxes. Shouldn't any taxes owed come out of the community property assests... View More
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answered on Nov 8, 2023
In California, a community property state, income earned by either spouse during the marriage is typically considered community income, and both spouses are equally liable for taxes on that income. If a couple is married but files separately, they still generally share responsibility for any taxes... View More
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answered on Nov 8, 2023
Funds coming out of a traditional (non-Roth) IRA or 401k are taxable whether taken out during life or when withdrawn after death. If all of your beneficiaries are natural persons then they will be required to make withdrawals from the traditional/taxable IRAs that you leave to them on a specified... View More
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answered on Nov 8, 2023
When considering gifting to your heirs to reduce taxes after your death, you should be aware of the different tax treatments for each type of account. Distributions from tax-deferred accounts, like traditional IRAs, are taxable to the recipient, whereas Roth IRAs offer tax-free distributions if... View More
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answered on Nov 6, 2023
In California, a lien is typically attached to a property rather than a person. It serves as a legal claim or hold on the property as security for a debt or charge that must be paid off. When the property is sold, the lien must be satisfied from the proceeds before clear title can be transferred to... View More
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answered on Nov 4, 2023
Forming an LLC in California as a web developer may provide some tax advantages, such as potential deductions and business expense write-offs. However, it won't necessarily reduce your overall tax liability. California LLCs are subject to an annual franchise tax, and as the owner, you would... View More
I recently exchanged money from a Money Exchange House registered with the corresponding authorities of the City of San Diego (in California). Their signage was misleading and they made a commission surcharge of 15% I was not aware of, taking $45 USD from the amount I exchanged.
I looked... View More
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answered on Oct 31, 2023
Under California's Business and Professions Code (BPC) Division 8, Chapter 21.5, Money Exchange Houses are regulated to ensure transparency and fair dealings. Section 22516 mandates that a licensee conspicuously post and provide each customer a written disclosure of any and all fees and... View More
I am a non US citizen living outside of the US who just got $85,150 deposited into my US bank account. This money came from a conversion of cash that I had in a drilled safe deposit box to a cashiers check and into my account. It figures as "bank credit".
Do I have to pay taxes... View More
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answered on Oct 29, 2023
In the U.S., taxes are primarily based on income. If the deposit into your U.S. bank account represents a conversion of your own funds and not income earned, it is generally not considered taxable income. However, there are reporting requirements for foreign bank accounts and large cash... View More
What would the implications be for a U.S. tax individual who, unaware of the requirements to report ownership of foreign businesses, fails to disclose their ownership interest in a foreign company? Suppose this company isn't active and was believed to have been seized by a foreign government... View More
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answered on Oct 28, 2023
U.S. taxpayers, regardless of where they reside, are generally required to report their worldwide income and disclose foreign financial interests. Failure to report foreign financial accounts and ownership interests can result in significant penalties under the Foreign Account Tax Compliance Act... View More
The deceased is divorced and has 2 children that do not want to be involved. The deceased never set up a will, power of attorney, conservatorship or legal representative for his finances.
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answered on Oct 24, 2023
Under California law, when a decedent's assets are valued below $100,000 and there's no formal probate proceeding initiated, the heirs can use the "Affidavit Procedure for Collection or Transfer of Personal Property" to collect the deceased's assets. In this case, given... View More
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answered on Oct 21, 2023
In San Diego County, as with the rest of California, hotel occupancy taxes, often referred to as transient occupancy taxes (TOT), are typically charged to guests who occupy a room in a hotel, inn, or other lodging for a period of 30 days or less.
However, if you've been a continuous... View More
- In 2018 taxes, did I have to be unmarried to be considered as a head of a household, since three adult children werel living with me all students full time, and one is mentally challenged?
- FTB withdrew money from my account without sending me a notice or getting my authorization,... View More
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answered on Oct 20, 2023
For 2018, to qualify as "Head of Household" on your taxes, you did not need to be unmarried, but you must have maintained a home for a qualifying person, such as a dependent child, and paid more than half the costs of keeping up the home for the year. Having three full-time student adult... View More
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answered on Oct 10, 2023
Under federal law, individuals can gift up to $17,000 per recipient each year without incurring a gift tax. Any amount above this is counted against the lifetime exemption, which is well over $12.92 million as of 2023. If your father has not exceeded this lifetime amount, he won't owe any... View More
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answered on Oct 10, 2023
In California, merely forming an LLC for an online business using a virtual mailbox address is not, in itself, tax evasion. However, if one uses this setup to intentionally misrepresent their business operations, earnings, or other pertinent financial information to avoid paying taxes, it could be... View More
Need a Business Attorney to join our Board, sweat equity for now until we get to our Series A funding.
Current state. Registered Delaware C Corp
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answered on Oct 10, 2023
Finding a pro-bono attorney for corporate matters can be challenging, as many attorneys offer pro-bono services primarily for public interest or individual needs. However, you can consider reaching out to local bar associations in California, as they sometimes have programs or can make referrals... View More
My Uncle is 97 and intends to gift me a large amount in physical 'hard' cash either now or as an inheritance upon passing. He is admirable to whichever is more advisable. I desire to avoid a bank account freeze or other legal nonsense upon depositing of said funds i.e. 'fiat'... View More
answered on Oct 8, 2023
There are many different ways to accomplish your objectives and each way has different tax implications. Depending on the amount a person wants to give away, he could give a gift of up to $17,000 (in 2023) per year without taxes. The recipient does not need to be a relative. But, if a person gives... View More
My Uncle is 97 and intends to gift me a large amount in physical 'hard' cash either now or as an inheritance upon passing. He is admirable to whichever is more advisable. I desire to avoid a bank account freeze or other legal nonsense upon depositing of said funds i.e. 'fiat'... View More
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answered on Oct 9, 2023
Under federal law, large cash gifts are allowed, but be aware of IRS gift tax rules. Banks will report cash deposits over $10,000, so it's wise to notify your bank before making a large deposit. Ensure you have documentation regarding the origin of the gift to address any future inquiries.
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