Ask a Question

Get free answers to your Tax Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Tax Law Questions & Answers
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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Tax Law for California on
Q: HELP ! I'm being audited by IRS ! I missed by deadline last week to turn in documentation what do I do now ?

I missed the deadline to turn in documentation requested such as info needed to verify im head of household to claim EIC . I missed deadline because i was in hospital as I was recently diagnosed with Multiple Sklerosis . I just got was released from hospital Fri. only to come home and find out id... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 30, 2023

I'm sorry to hear about your situation. If you missed the deadline to submit documentation to the IRS, you may still be able to provide the information and request a re-examination of your tax return.

The first step is to contact the IRS examiner assigned to your case and explain your...
View More

1 Answer | Asked in Tax Law for California on
Q: Is it illegal or considered tax evasion to form an online business in any state by using a virtual address?

Is it illegal or considered tax evasion to form an online business in any state by using a virtual address?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 27, 2023

Using a virtual address to form an online business in any state is not illegal or considered tax evasion in and of itself. However, it is important to ensure that the virtual address is a legitimate physical location where the business can receive mail and other correspondence. It's also... View More

1 Answer | Asked in Real Estate Law and Tax Law for California on
Q: My father purchased a home in California while he was a green card holder but he is no longer an LPR

He is a Japanese citizen and lives abroad. He has one daughter who is a naturalized US Citizen and a son that is a LPR and Japanese citizen. What are the tax implications to transfer ownership to one of us? Should it just be specified on his will or is it better to do it while he is alive?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 27, 2023

If your father wants to transfer ownership of his California home to either you or your sibling, there may be tax implications to consider. The specific tax implications will depend on several factors, including the value of the property and the citizenship status of the parties involved.... View More

1 Answer | Asked in Business Formation, Business Law and Tax Law for California on
Q: Hello, I’m currently under OPT working for an American company. Can I still create an LLC for my side business?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 27, 2023

As an OPT holder, you are permitted to engage in certain types of employment, including self-employment, as long as the work is directly related to your field of study and you are authorized for the OPT. Therefore, you may be able to create an LLC for your side business while on OPT, as long as the... View More

3 Answers | Asked in Immigration Law and Tax Law for California on
Q: What information or terminology is needed for a letter of explanation with immigration on why I don't file tax returns?

How would I phrase my letter of explanation? What information is needed in order to satisfy immigration officials requirements for a letter of explanation why I don't need to file taxes because I don't have income to document?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2023

In your letter of explanation to immigration, you should clearly state why you have not filed tax returns and provide any necessary documentation to support your claim. If you do not have income to document, you can explain your situation and provide evidence of your financial circumstances, such... View More

View More Answers

2 Answers | Asked in Consumer Law and Tax Law for California on
Q: Can I sue TurboTax?

First they steered me away from the free version to a paid version that I didn't need.

So now I have to paid version but I can't get customer support help anywhere.

And every time I call I get an automated response to put my ssn in so they can help me but then they... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2023

As per California law, it is possible to file a lawsuit against TurboTax for their actions if they have caused you harm. However, whether or not you have a valid case against TurboTax depends on the specific details of your situation, as well as the terms of service and any agreements you may have... View More

View More Answers

1 Answer | Asked in Tax Law for California on
Q: If I paid capital gain taxes in Ga for $5500 do I have to pay California tax of $7500

Rental house in Ga

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2023

If you paid capital gains taxes in Georgia for the sale of a rental property located in Georgia, you generally would not have to pay California state taxes on the same transaction, as long as you are not a California resident and do not have any other California-sourced income.

However,...
View More

1 Answer | Asked in Estate Planning and Tax Law for California on
Q: Family Trust, California Tax Liabilities, Reporting: Is there a threshold on the taxable amount each sibling receivers?

Family Trust and California Tax Liabilities: I am the Trustee and we (five siblings) sold my Mother’s home in 2022 following her passing. There are no other assets besides the home and no outside debt or other financial obligations.

At what level (Amount) are we’re obligated to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2023

As the Trustee of your family trust, you may have tax reporting obligations to the state of California, depending on the amount of taxable income generated by the trust.

In California, trusts are subject to income tax if their taxable income exceeds a certain threshold, which varies...
View More

1 Answer | Asked in Tax Law for California on
Q: Our tax returns were sent to the wrong bank. We have a certified tax preparer. What can we do?

We were not asked to verify the information and have been long standing customers of this tax preparer. We have never changed our banking information.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 7, 2023

If your tax returns were sent to the wrong bank, the first thing you should do is contact your tax preparer immediately to inform them of the mistake. They should be able to provide guidance on what steps to take next. They may be able to help you retrieve the funds from the incorrect bank and... View More

1 Answer | Asked in Divorce, Family Law and Tax Law for California on
Q: Can my ex still claim my 21 year old son as a dependent on his taxes?

Per our divorce papers my ex husband was claiming my son on his taxes. My son is 21 now, lives with me full time, goes to college part time and works. Can I claim my son as a dependent. My ex says no because of the divorce papers but my son is an adult now? Help

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 5, 2023

As your son is now 21 years old and living with you full time while attending college and working, you may be able to claim him as a dependent on your taxes, regardless of what is stated in your divorce papers. The Internal Revenue Service (IRS) has specific rules for claiming dependents, including... View More

2 Answers | Asked in Contracts, Criminal Law, Tax Law and Business Law for California on
Q: Should I file a fraud case against my CPA for fraud and embezzlement I had to sell my company to him

I had to sell the company to him due to the fact he did not pay the federal employee tax which went up to 1.2 million or so

I need a lawyer to help me with this case

He has already been disbarred in Nevada and California is also looking into it

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2023

If you believe that your CPA committed fraud and embezzlement, you may have grounds to file a lawsuit against them. It is recommended that you consult with a lawyer who specializes in fraud cases to assess the strength of your case and guide you through the legal process.

You should gather...
View More

View More Answers

1 Answer | Asked in Foreclosure, Real Estate Law and Tax Law for California on
Q: I am looking to buy Property through Tax Auction in California. I have the following legal questions regarding it

1) If I buy a property which is in Tax Deed, and I become the Owner. What happens if they have leased the property to someone for many years? And that lease is not recorded in the County Office officially. Is that still valid and I have to respect that as new Owner?

2) If the same is true... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2023

If you purchase a property through a tax auction and become the owner, any existing lease agreements that were not recorded in the county office may still be valid. You will need to review the terms of the lease agreement and determine whether the tenants have a legal right to continue living on... View More

1 Answer | Asked in Business Formation, Tax Law and Business Law for California on
Q: What would be the legal/tax requirements of starting a small beer tasting "club"?

I would like to start a "beer club" in my area where enthusiasts can meet up every month to sample and discuss beer. This would involve collecting a small fee for anybody who wants to meet up, just to cover costs, and whatever is left being saved for the following month. Would this have... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2023

In California, starting a beer tasting club may have legal and tax requirements, depending on how you structure the club and how you handle the fees collected.

If the beer club is simply a group of enthusiasts meeting to sample and discuss beer, with no formal organization or structure,...
View More

1 Answer | Asked in Real Estate Law and Tax Law for California on
Q: Proposition 19 Question

Can the wife buy a home in her name only this year, and next year add the husband to the title when he turns 55, so he can utilize the property tax advantage of Prop 19? He will sell his house next year and then go on the title of the new house. A house comes up that they both want to buy this... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2023

Yes, it is possible for the wife to buy a home in her name only this year and add the husband to the title next year when he turns 55, so that he can take advantage of the property tax benefits under Proposition 19.

Proposition 19 allows homeowners who are over 55 years old, severely...
View More

2 Answers | Asked in Tax Law, Business Formation and Business Law for California on
Q: Do you need a business license for an online retail business in California? We already have a seller's permit and LLC.
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2023

Yes, in California, most businesses, including online retail businesses, are required to have a business license. A business license is typically issued by the city or county where the business is located and serves as evidence that the business is permitted to operate in that location.... View More

View More Answers

4 Answers | Asked in Estate Planning, Tax Law and Probate for California on
Q: Alameda County - CA My partner of 26 years passed away without a will.

He has 4 surviving siblings, but he had expressed his wish for his youngest brother to keep the house so that his niece and nephew can grow up there. The siblings won't pursue any claim to the house, but there is a mortgage balance which the brother is willing to continue paying on.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 21, 2023

In California, when a person dies without a will, the state's laws of intestacy govern how the person's property is distributed. In this case, if your partner passed away without a will and is survived by four siblings, those siblings would be considered his heirs under the intestacy... View More

View More Answers

4 Answers | Asked in Estate Planning, Tax Law and Probate for California on
Q: Alameda County - CA My partner of 26 years passed away without a will.

He has 4 surviving siblings, but he had expressed his wish for his youngest brother to keep the house so that his niece and nephew can grow up there. The siblings won't pursue any claim to the house, but there is a mortgage balance which the brother is willing to continue paying on.... View More

Howard E. Kane
PREMIUM
Howard E. Kane
answered on Mar 21, 2023

I'm very sorry to hear about your partner's passing. The property must go through probate to transfer ownership to the heir. The non-interested siblings can disclaim their interest in the house or this can be done in tandem with a Settlement Agreement between all heirs which gets filed... View More

View More Answers

4 Answers | Asked in Estate Planning, Tax Law and Probate for California on
Q: Alameda County - CA My partner of 26 years passed away without a will.

He has 4 surviving siblings, but he had expressed his wish for his youngest brother to keep the house so that his niece and nephew can grow up there. The siblings won't pursue any claim to the house, but there is a mortgage balance which the brother is willing to continue paying on.... View More

Julie King
Julie King
answered on Mar 21, 2023

California law provides that people in this state who have assets valued at more than $184,500 (that's the gross value or what you could sell the assets for, NOT the net amount of a home minus the mortgage, for example), those people have two choices: (1) each person could have a Will or do... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.