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California Tax Law Questions & Answers
3 Answers | Asked in Tax Law for California on
Q: Got a CP2000 Notice from IRS stating that I have not reported two 1099-NEC that are not mine.

The IRS provided some information on the 1099 including the amount and the issuer of the 1099s. One entity issued two different 1099s. I did some digging and discovered that both belong to my family members. They confirmed that they reported income for the two 1099s received from that issuer and... View More

James L. Arrasmith
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answered on Jul 10, 2023

If you received a CP2000 Notice from the IRS stating that you failed to report two 1099-NEC forms that don't belong to you, it's important to respond promptly. After investigating, you discovered that the 1099s actually belong to your family members. To resolve the issue, you plan to... View More

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1 Answer | Asked in Tax Law and Business Law for California on
Q: Legal Advice Needed

Hello, I am an English teacher and currently working for a company. This company considers me as a provider of professional services, which means that I understand I do not enjoy the same privileges as any other employee with a completely different contract. However, the language company I work for... View More

James L. Arrasmith
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answered on Jun 26, 2023

As an English teacher classified as a provider of professional services, it's important to understand the details of your employment arrangement to ensure compliance with tax and social security regulations. Consult a tax professional or accountant for personalized advice on reporting income,... View More

1 Answer | Asked in Real Estate Law and Tax Law for California on
Q: If no one owns a house but there is back property taxes owed if I pay the taxes doI get the house?

Recent ower has passed away and a ex girlfriends daughter is sum kind of intern ower if she pays back taxes..won't happen

James L. Arrasmith
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answered on Jun 26, 2023

Generally, paying back property taxes alone does not automatically grant ownership of a house. The rules and regulations regarding tax foreclosures and property ownership vary by jurisdiction. If back property taxes are not paid, the local government may initiate a tax foreclosure process, which... View More

1 Answer | Asked in Business Formation, Business Law, Contracts and Tax Law for California on
Q: What happens to a personally guaranteed EIDL loan from a partnership if that business converts to a multi-member LLC?

My friend has a business with his girlfriend (it's registered as a partnership) and they also have a personally guaranteed EIDL loan. Him and I and my wife (not his girlfriend) are going to create a multi member LLC using the same name (with the LLC on the end). I just wanted to know if my... View More

James L. Arrasmith
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answered on Jun 22, 2023

It's typically advisable for your friend and his girlfriend to inform the Small Business Administration (SBA) about their business structure change from a partnership to a multi-member LLC. They can contact the SBA to get specific guidance on how to handle their personally guaranteed Economic... View More

1 Answer | Asked in Real Estate Law, Tax Law, Land Use & Zoning and Landlord - Tenant for California on
Q: If a property, with one APN, has 5 separate single-family homes on it, is that considered 'commercial' property?

Each of the single-family homes are rentals and have their own address. All are within the same APN number with the county for property tax purposes. Is this considered a 'commercial' property, because of 5 units, in terms of bank financing and insurance purposes? Or is this considered... View More

James L. Arrasmith
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answered on Jun 17, 2023

The classification of a property as commercial or residential can depend on a variety of factors, including the zoning of the property, the intended use of the property, and the number of units on the property. In the case you described, where a single property has multiple single-family homes on... View More

2 Answers | Asked in Tax Law and Business Law for California on
Q: Hello!

Hello! I am writing to you with a question about registering companies in the US. I would like to know how many companies can be registered to one person in America and what the legal and tax consequences might be.

James L. Arrasmith
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answered on Jun 13, 2023

Thank you for reaching out with your question about registering companies in the United States. I'll provide you with some general information regarding the number of companies one person can register and the potential legal and tax consequences.

Regarding the number of companies that...
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3 Answers | Asked in Real Estate Law and Tax Law for California on
Q: 1031 exchange question

Question: After I left California in 2020 I gave my house to my mom. We have a very basic rental agreement that says her rent is $1/month. It never even crossed my mind to file it because there’s no income.

I would like to put the house on the market now and if possible do a 1031... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 8, 2023

A 1031 exchange is pretty technical. You may have disqualified this as investment property by not charging the reasonable local rental value to Mom. I understand why you did it but the IRS may not like it. I agree that you would be best to consult with a Realtor that is also an Attorney giving... View More

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3 Answers | Asked in Real Estate Law and Tax Law for California on
Q: 1031 exchange question

Question: After I left California in 2020 I gave my house to my mom. We have a very basic rental agreement that says her rent is $1/month. It never even crossed my mind to file it because there’s no income.

I would like to put the house on the market now and if possible do a 1031... View More

Jarrett Nila Buchanan
Jarrett Nila Buchanan
answered on Jun 6, 2023

You don't need to file the lease agreement. As long as your taxes reflect at least a tax year's worth of income from the property, you should qualify. Consult with a tax professional for confirmation. I would also recommend hiring a Realtor that is also an attorney to handle the 1031... View More

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1 Answer | Asked in Landlord - Tenant and Tax Law for California on
Q: Landlord is offering my parents 50k to move out Is this taxable.

My parents have been living in a home that had water isues a year ago in may17

The landloard has taken almost a. Year to fix the isues and my parents stoped paying rent for 7 months due to not having a kitchen or living room due to the isues.

They have agreed that they keep the... View More

James L. Arrasmith
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answered on May 31, 2023

Yes, the money your parents receive from the landlord to move out is taxable. It will be considered as a capital gain, and they will need to pay taxes on it. The amount of tax they owe will depend on their income and filing status.

To proceed, your parents should get a written agreement...
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2 Answers | Asked in Tax Law for California on
Q: Does a CA resident partnership that receives a AZ partnership K-1 with ordinary income have to file a AZ return?

It seems that the Ca partnership would need to pass the AZ k-1 income down to its Ca partners who would then need to file non-resident individual tax return in AZ. It seems all the apportionment rules relate to partnerships doing business in multiple states. I wonder if a AZ k-1 received by a CA... View More

James L. Arrasmith
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answered on May 29, 2023

When a California resident partnership receives an Arizona partnership K-1 with ordinary income, it is generally necessary to report that income on the California partnership return. California follows a source-based income allocation method, which means that income is allocated based on where the... View More

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2 Answers | Asked in Tax Law for California on
Q: Does a CA resident partnership that receives a AZ partnership K-1 with ordinary income have to file a AZ return?

It seems that the Ca partnership would need to pass the AZ k-1 income down to its Ca partners who would then need to file non-resident individual tax return in AZ. It seems all the apportionment rules relate to partnerships doing business in multiple states. I wonder if a AZ k-1 received by a CA... View More

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

Basically your question is whether a California resident has income in Arizona from profits distributed as shown in a K-1 tax form. First, this is a very specific question and this particular forum for general legal advice is not the place to get legal advice to rely on. Even from me. Your... View More

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2 Answers | Asked in Estate Planning, International Law and Tax Law for California on
Q: Question regarding inheritance law between France and USA

I was born in France, then moved to the US and in 2001 I married an American man.

In 2008 I became an American citizen. My 92 y.o mother is french and lives in France. She would like to buy some kind of property in the US as an investment. She probably won’t live in the US and if she... View More

Julie King
Julie King
answered on May 24, 2023

Real estate is handled differently than other assets because it is literally attached to the state (in the U.S.) and/or country. So, in most instances, U.S. law will apply to U.S. real estate. However, different countries belong to various treaties with other countries, so an international attorney... View More

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2 Answers | Asked in Estate Planning, International Law and Tax Law for California on
Q: Question regarding inheritance law between France and USA

I was born in France, then moved to the US and in 2001 I married an American man.

In 2008 I became an American citizen. My 92 y.o mother is french and lives in France. She would like to buy some kind of property in the US as an investment. She probably won’t live in the US and if she... View More

James L. Arrasmith
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answered on May 24, 2023

In this case, since your mother is a French citizen and her assets are located in the US, it is advisable to consult with an attorney who specializes in international estate planning to understand the specific laws and regulations that may apply. Generally, the law of the country where the property... View More

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1 Answer | Asked in Tax Law and Criminal Law for California on
Q: What are the consequences for forging my name on 2022 federal and state tax filing?

My soon to be ex husband filed our tax returns and signed my name via docusign. He kept our refund and also make a large deposit into his trust account within this time frame. I had to request copies from our accountant May 19th more than a month after they were filed. What is the crime and what... View More

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answered on May 22, 2023

Forging someone's name on federal and state tax filings is a serious offense with potential legal consequences. The specific crime and penalties can vary depending on the jurisdiction and the circumstances of the case. In general, forging a signature on tax documents can be considered fraud or... View More

1 Answer | Asked in Tax Law for California on
Q: Future ex husband filed our taxes. Per my request accountant provided me a copy and we got a refund. Can he keep it all?

My future ex husband is financially abusive. He will not give me any money and now I found out we have a refund of over 5K.

Is he entitled to intentionally not provide me a copy of our joint filing in order to keep our entire refund for himself?

James L. Arrasmith
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answered on May 19, 2023

If you filed a joint tax return with your future ex-husband and you are legally married at the time of filing, both of you have equal rights to the refund. Typically, the refund is considered marital property and should be divided fairly between the spouses.

If your future ex-husband is...
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1 Answer | Asked in Tax Law and Estate Planning for California on
Q: Is a CA trustee allowed to transfer funds to a nominated third party account, when directed in writing by the beneficiar

My request is to wire transfer via intermediary business American Express International account, who has an arrangement with my local bank outside of the USA to process all intl transfers for its bank customers.

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answered on May 3, 2023

Generally, a California trustee has the duty to manage and distribute trust assets in accordance with the terms of the trust and the beneficiaries' interests. If the trust instrument allows the trustee to make distributions to third parties, then the trustee may be able to transfer funds to a... View More

1 Answer | Asked in Tax Law for California on
Q: Hi If A Deceased Persons House Sells For $500,000 & Is To Be Split 6 Ways , Will This Money Be Taxed? & if Yes How Much?

The House Was Sold In California LA County & We Are Trying To Figure Out How Much It Will Be Taxed & How Much Exactly Each Of The 6 Beneficiaries Will Get

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answered on May 2, 2023

If a deceased person's house sells for $500,000 and is to be split among 6 beneficiaries, there may be tax implications depending on several factors.

In California, there is no state inheritance tax, but there may be federal estate tax if the value of the deceased person's estate...
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2 Answers | Asked in Tax Law and Business Law for California on
Q: If I have a s corp in Michigan and doing business in CA as a foreign entity now living in CA should I move my s corp?

Originally lived in MI and moved to CA last year, not sure if there are any benefits to keeping it in MI since its an s-corp

Julie King
Julie King
answered on May 2, 2023

The answer to your question will depend on what industry you are in, where your corporation does business, and other factual information that is not included in your question. But, in general (which may or may not apply to your business), if someone is only doing business in California, it... View More

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2 Answers | Asked in Tax Law and Business Law for California on
Q: If I have a s corp in Michigan and doing business in CA as a foreign entity now living in CA should I move my s corp?

Originally lived in MI and moved to CA last year, not sure if there are any benefits to keeping it in MI since its an s-corp

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answered on May 2, 2023

As a foreign entity, your S corp is required to register with the state of California and obtain a certificate of qualification to do business in the state. Depending on the nature and scope of your business, there may be benefits to moving your S corp to California, such as access to local... View More

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1 Answer | Asked in Tax Law for California on
Q: if I leave USA with owing IRS 100k all they can take is 15% of SS check right
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answered on May 1, 2023

If you owe the IRS $100,000 and leave the USA, they can still collect the debt from you. The IRS has the authority to seize your assets, including bank accounts, property, and wages. If you receive Social Security benefits, the IRS can also garnish up to 15% of your monthly benefit payments to... View More

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