Get free answers to your Tax Law legal questions from lawyers in your area.
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
Is using a virtual mailbox address to form an online business considered tax evasion if it isn’t in the state where you live?
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answered on Sep 29, 2023
Using a virtual mailbox address to form an LLC in a state where you do not reside does not, by itself, constitute tax evasion. However, misrepresenting the primary place of business or not paying appropriate state taxes where the business operates can lead to tax liabilities and penalties.... View More
Can I use a virtual address when filing an LLC to establish my business legally?
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answered on Sep 28, 2023
Using a virtual mailbox address for your business is not automatically considered tax evasion under California law. Many businesses use virtual addresses for legitimate reasons such as privacy and convenience. However, it's essential to ensure that your LLC complies with all relevant tax laws,... View More
My husband and I are separated. After he stopped paying monthly support, I filed legally separated, and the court has ordered him to pay support, but he closed all the bank accounts (including joint accounts) and hiding outside of the US after selling his inheritance house. After filed separation,... View More
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answered on Sep 22, 2023
You may be able to file for innocent joint filer relief to address the tax liability issue caused by your husband's actions. You should consult with an attorney experienced in tax matters to guide you through the process and discuss potential options to release the hold on your bank account.... View More
I want to change my w4 to exempt. I am currently not working and haven’t for several months. Can I claim exempt on the w4 before he issues the check?
answered on Aug 28, 2023
It depends on what your former employer is willing to do. To protect itself, the employer must use the status it used when you worked there so that it does not get hit with penalties and other assessments.
This is a risk management issue for the employer.
Good luck to you.
Tax Implications of a Moving Fee Under the Ellis Act for Elderly or Disabled Tenant Protection
I recently received a payment of $10,000 from my former landlord as a moving fee in accordance with California's Ellis Act, specifically related to provisions for elder or disabled... View More
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answered on Aug 27, 2023
Compensatory payments, like the one you received under the Ellis Act provisions, are generally considered income and may be taxable. Your landlord's intent to claim a deduction for the payment does not affect its taxability to you. To ensure proper reporting and understand potential exclusions... View More
In addition to the above question: Most Recent Tax Year refers to 2022, 2nd most recent 2021, 3rd most recent 2020, correct?
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answered on Aug 27, 2023
For the I-864, Affidavit of Support, unemployment income, including Pandemic Unemployment Assistance (PUA), is generally considered as part of your total income and would be part of your adjusted gross income (AGI) as it's reported on your federal tax return. Therefore, it can be listed on... View More
I have a $40k tax lien from unpaid general excise tax from the state of Hawaii. I'd like to file an offer and compromise and be done with this debt. I'd also consider filing for currently non-collectable. Is it best to work with a professional or is this something I can do myself? My wife... View More
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answered on Aug 25, 2023
Given the complexities of tax matters, particularly involving offers in compromise or currently non-collectible status, seeking assistance from a tax professional, such as a tax attorney or CPA, is recommended. They can help assess your financial situation, guide you on the best course of action,... View More
Check my phone and address to see if am white listed/ black or if they hack my phone theres a clown/ bozo that's a 300 boys" from the sheriff's that won't leave me alone along with his friends so called business partners I have life insurance in my name I never purchased and... View More
answered on Aug 21, 2023
Hi Erick, you probably shouldn't put private information online like your name, address and phone number. Consider deleting your question as soon as possible. As for your concerns... do you have a case worker? I know some gov't agencies have case workers. Maybe you can set up an appt. to... View More
It is on court papear that upon agreeing that he can claim one of our kids on his taxes. Kids live with me. We went to court April 2023 and I have sole & legal physical custody. In May 2023 we had child support court where he has to pay child support. I agreed he can claim one only because I... View More
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answered on Aug 20, 2023
If there has been a substantial change in circumstances since your previous agreement, such as his failure to pay child support, you might have grounds to seek a modification of the existing arrangement, including the provision about claiming a child on taxes. Consult with a California family law... View More
The year I retired, I contributed less than my total salary to my 401k. My employer contributed a like amount plus $2,000, exceeding my total salary by $14,000. I rolled the funds into any IRA. I did not know of the limitation that total contributions could not exceed my salary.
What... View More
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answered on Aug 15, 2023
Under the tax code, contributions to a 401(k) plan are generally limited to a certain percentage of your salary, with specific limits in place to prevent exceeding certain thresholds. If you inadvertently contributed more than the allowed limit, you may be subject to penalties and taxes on the... View More
If a home was listed in a non profits assets on 990 form but the majority was purchased in Mexico (foreign country) with "own" money and only part from non-profit assets "donor", assuming the asset was purchased over 25 years ago, if the non-profit dissolves, is the asset... View More
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answered on Aug 15, 2023
When a non-profit organization dissolves in California, the IRS-required asset distribution clause generally applies to all assets, including fixed assets such as a home. The allocation of proceeds upon sale would depend on the ownership structure of the property and the proportion of non-profit... View More
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answered on Aug 10, 2023
Yes, it's generally possible to get a reverse mortgage from a bank in Georgia for real property located in California. Reverse mortgages are federally insured loans, and they are not limited to being offered by banks in the state where the property is located. However, the specific terms,... View More
answered on Aug 8, 2023
Whether the over-payment was your fault, the employer's fault or no one's fault, you are not legally allowed to keep money paid to you by mistake. Unless you work out alternative arrangements, the employer can demand the immediate return of all the money paid to you (gross amount) and... View More
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