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California Tax Law Questions & Answers
1 Answer | Asked in Tax Law for California on
Q: Today the IRS took everything out of my saving leaving me with $1.46 in my account. I didnt file my taxes in 2021 becaus

Anyways my question is DO CITIZENS HAVE ANY RIGHTS WHEN IT COMES TO NOT GETTING A SINGLE NOTICE ABOUT GARNISHMENTS AND HAVE IRS WIPE YOU OUT IN ONE COLLECTION LIKE THAT?

James L. Arrasmith
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answered on Aug 9, 2024

When the IRS seizes funds from your bank account without prior notice, it can feel overwhelming and unfair. However, the IRS is generally required to send you a series of notices before taking such action. These notices often start with a demand for payment and escalate if the debt remains unpaid.... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for California on
Q: Inheritance, Prop 13 and Capital gains. Father is elderly and we will moving into the house to care for him.

My father wants to leave me his house while maintaining Prop 13 benefits. We are considering assuming or refinancing his loan without triggering Prop 13 reassessment or capital gains. Additionally, he has a son (my half-brother) he never knew about who we want to ensure cannot attach the home. My... View More

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answered on Jul 30, 2024

To maintain your father's Prop 13 benefits and avoid reassessment, he can transfer the property to you using a parent-child exclusion form, which ensures that property taxes remain the same. This transfer must be completed before his death to avoid triggering reassessment.

Refinancing...
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3 Answers | Asked in DUI / DWI, Tax Law, Civil Rights and Sexual Harassment for California on
Q: I would like help getting my aunt removed from being power of attorney..I was forced into signing. Please respond!!
Robert Kane
Robert Kane
answered on Jul 27, 2024

Simply Google: "California revocation power of attorney."

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1 Answer | Asked in Tax Law for California on
Q: I own part of a companythat fell behind on payroll taxes with the IRS. We have paid the trust fund portion in full.

Can IRS come after me personally for the remaining money owed?

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answered on Jul 18, 2024

If your company has fallen behind on payroll taxes and you have already paid the trust fund portion, the IRS might still pursue collection of the remaining balance. This balance can include penalties and interest on the unpaid taxes.

As an owner or responsible party, the IRS can hold you...
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1 Answer | Asked in Tax Law for California on
Q: What are the federal and CA state laws about paying taxes on unrealized gains and losses from foreign pension accounts?

The above question pertains to government run pensions in UK and NZ. There is contradictory info out there so I'm trying to find the exact tax laws that address this. To clarify, these accounts aren't currently being distributed and don't receive any dividends or payments until retirement age.

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answered on Jul 18, 2024

Understanding the tax implications of unrealized gains and losses from foreign pension accounts can be complex. In the United States, the IRS generally does not tax unrealized gains. However, certain foreign pension accounts may be treated differently under specific tax treaties or reporting... View More

1 Answer | Asked in Employment Law, Tax Law and Criminal Law for California on
Q: Taxes and employee login account tampering

My employee login accounts were being tampered with and my taxes information was being changed someone changed my tax information under federal and state they put 0 and another time put 99 I always claimed 3 ALOT of things were changed and my money was taken.the school district I worked for... View More

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answered on Jul 18, 2024

You have the right to take legal action against individuals who have stolen your identity and tampered with your accounts. The evidence you have, such as screenshots and witness statements, can be crucial in supporting your case. It's important to gather all documentation, including police... View More

1 Answer | Asked in Car Accidents, Personal Injury and Tax Law for California on
Q: Do I pay federal and/or California state tax when I win and receive any personal injury settlement or compensation
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answered on Jul 18, 2024

When you receive a personal injury settlement in California, the federal and state tax implications can vary. Generally, compensation for physical injuries or sickness is not taxable, so you wouldn't need to pay taxes on that portion of the settlement. This means that if you received... View More

1 Answer | Asked in Estate Planning and Tax Law for California on
Q: My mother and father had an A B trust. My father died 13 years ago. My mother was not aware she had to do anything.

The beneficiaries have not changed. There are only 2. What needs to be done to update this trust before my mother dies, to avoid any tax issues at her death. We are very confused what needs to be done ( property was the only thing in the trust. 1 house, which she lives in and a piece of land. That... View More

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answered on Jul 18, 2024

To update your mother's A B trust, it's essential to take a few steps to ensure everything is in order before her passing. Since your father passed away 13 years ago and your mother was unaware of any required actions, the first step is to review the trust documents to understand the... View More

2 Answers | Asked in Probate, Real Estate Law and Tax Law for California on
Q: what happens if an estate currently in probate, with motion to sell immediately has delinquent taxes on it

what happens if an estate currently improbate with mostly to sell immediately has delinquent taxes and is scheduled to be sold at a public tax auction?

Delaram Keshvarian
Delaram Keshvarian
answered on Jul 15, 2024

Thank you for your question!

It would stay the foreclosure after providing proof of the successors of interest that the property is going to be sold. The tax due amount will be deducted from the sale proceeds before its distribution.

This is merely a discussion of general laws and...
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1 Answer | Asked in Tax Law for California on
Q: Is there a department for escalating tax lien issues that’s not the typical IRS phone system?

My income is tax exempt. The IRS wiped my bank account today by mistake (I hope it was a mistake!).

James L. Arrasmith
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answered on Jun 25, 2024

Based on the situation you've described, here are a few key points and potential next steps:

1. Escalation options: While there's no specific "escalation department" outside the IRS phone system, there are alternative ways to address urgent tax lien issues:

-...
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2 Answers | Asked in Family Law, Real Estate Law and Tax Law for California on
Q: Father passed in CA but owned rental property in NJ, only moved there during COVID-19, how do I transfer property deed?

I have copy of Will, I am primary executor and sister is co-executor. We want to avoid probate split rent, property taxes, and transfer property deed in our names.

Delaram Keshvarian
Delaram Keshvarian
answered on Apr 30, 2024

Thank you for asking the question!

1. Properties located outside of California passed outright to heroes and devisees without any formal private processing. It is going to be an informal transfer.

This transfer occurs outright regardless of whether other property in the estate is...
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1 Answer | Asked in Tax Law for California on
Q: Hello I paid Optima Tax Relief but they did nothing for me just took my money. I contacted IRS myself.
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answered on Mar 4, 2024

Under California law, if you've paid for services that were not provided as agreed, you have several options to seek recourse. In the case of a tax relief company like Optima Tax Relief failing to deliver on their promises, your first step should be to reach out directly to the company to... View More

1 Answer | Asked in Tax Law, Divorce and Family Law for California on
Q: Divorce filed 09/2023 (in CA). If husband files his taxes separately would any owed taxes be their joint responsibility?

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

2 Answers | Asked in Estate Planning and Tax Law for California on
Q: If I gift to my heirs, which accounts should I gift from to reduce taxes after I die? Tax deferred, Roth or savings?
Nina Whitehurst
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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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1 Answer | Asked in Foreclosure, Real Estate Law, Tax Law and Probate for California on
Q: Is a lien attached to a person
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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

1 Answer | Asked in Tax Law for California on
Q: I get paid as a web developer with 1099. If I form a LLC, does that help me to pay less tax ?
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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

1 Answer | Asked in Consumer Law, Tax Law and Business Law for California on
Q: California 2011 BPC Division 8 [18400 - 22948.7] Ch. 21.5 Money Exchange Houses section 22516

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

1 Answer | Asked in Tax Law for California on
Q: Do I have to pay taxes? If I do, how much would it be and how to do it?

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

1 Answer | Asked in Tax Law and International Law for California on
Q: What happens if a person fails to disclose ownership of a foreign corporation that doesn't have any business activities?

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

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