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California Tax Law Questions & Answers
1 Answer | Asked in Tax Law for California on
Q: Mine and my brother's house was sold at a tax lien auction....

My brother and I inherited this home from our grandparents in which it was sold at a tax lien auction. My brother didn't claim excess proceeds , there is an agent claiming for me, will I get my brothers and mine ? How much percentage is an agent allowed to charge for their services in... View More

James L. Arrasmith
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answered on Jul 25, 2023

In California, an agent representing you in claiming excess proceeds from a tax lien auction is typically entitled to a reasonable fee, but there are no specific percentage limits set by law. However, charging 29% may be considered excessive. You have the right to negotiate the agent's fee or... View More

1 Answer | Asked in Tax Law for California on
Q: If I accidentally collect sales tax when I don't have economic nexus, could I just refund the sales tax?

I started a crowdfunding project where you take preorders, and if it meets a certain minimum within a month, then they make as many of the product as orders they get. My minimum is 100, and I'm at 45 in the first week, so it's possible this will pass its goal.

The service I'm... View More

James L. Arrasmith
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answered on Jul 20, 2023

If you have accidentally collected sales tax when you do not have economic nexus in a particular state, you should consult with a tax professional to determine the appropriate course of action. Generally, you may be able to refund the sales tax you have collected, but it is crucial to ensure... View More

2 Answers | Asked in Tax Law and Gov & Administrative Law for California on
Q: Can you get tsa precheck if you’ve ever received a customs seizure letter
T. Augustus Claus
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answered on Jul 17, 2023

Receiving a customs seizure letter may not necessarily disqualify you from obtaining TSA PreCheck. TSA PreCheck eligibility is primarily based on a person's criminal background and security risks. Customs seizure letters generally relate to violations of customs laws and regulations, which may... View More

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2 Answers | Asked in Tax Law for California on
Q: Can I deduct liposuction on taxes without pre-op diagnosis? Can diagnosis after surgery still qualify for write-off?

For liposuction related to a medical condition, is a pre-op diagnosis necessary to write it off on taxes? Can a post-op diagnosis still qualify for the deduction? Interested in understand my tax eligibility in this situation.

Samuel  Landis
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answered on Jul 17, 2023

The medical procedure was a necessary procedure, then it may qualify for a deduction.

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2 Answers | Asked in Tax Law for California on
Q: Just discovered tax lien on previous aircraft owner in 2007 from S.B. Equalization & lien is on aircraft my options are

I ran a title search on this aircraft before purchase and there were no liens of record. It is now 2023 . The aircraft had damage during landing. The Lien is on the aircraft . Should I just hand over owner ship of the aircraft to the Board of Equalization or does this lien still exist after all... View More

Samuel  Landis
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answered on Jul 17, 2023

A tax lien which you describe can last up to 20 years. If you sell the aircraft, then the proceeds from the sale would be applied to the tax lien. Any funds beyond the amount owed on the tax lien may be distributed to you barring that there are no other lien holders.

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2 Answers | Asked in Employment Law, Tax Law, Banking and Civil Rights for California on
Q: Can i get leaked HR PI, cases naming me? I am hacked, bullied, framed, led to ruin since divorce professionally/legally.

Personal documents filed and missing putting me in a disability , unemployment, and “crazy” path. Found docs profiling me on own computer. No one has told me I am officially breached and watched. I have proof and 3 computers one from a Medicare job AT AND T retirees I was injured (ptsd)and... View More

Neil Pedersen
Neil Pedersen
answered on Jul 14, 2023

I am sorry but this question and answer site is not the place to ask attorneys to work for you. You need to locate and consult with an attorney that can be allowed to learn more about what is happening. This sounds like a matter for a civil rights attorney. Good luck.

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1 Answer | Asked in Tax Law for California on
Q: How long can a non-resident of OH telework for an out of state business while visiting Ohio without having to pay taxes?

I live in California and the company I work for is in California. I addition to my question about liability for personal income taxes in Ohio, I need to know at what point my company would be required to pay into Ohio workers comp and pay any other Ohio business taxes. Thanks!

James L. Arrasmith
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answered on Jul 11, 2023

According to the Ohio Department of Taxation, a non-resident of Ohio who teleworks for an out-of-state business while visiting Ohio is not liable for personal income taxes in Ohio for the first 30 days of teleworking. After 30 days, the non-resident will be liable for personal income taxes in Ohio... View More

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

Maurice Mandel II
Maurice Mandel II
answered on Jul 9, 2023

IRS makes mistakes just like any government agency. However, there are also a lot of scammers who pretend to be the IRS in order to commit IDENTITY THEFT, and you may be providing them with information about your relatives that could allow the scammer to steal their identity. I would contact the... View More

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1 Answer | Asked in Tax Law, Civil Litigation, Civil Rights and Constitutional Law for California on
Q: Can I sue IRS?

Due to IRS' misconduct I've suffered a lot, and I have to be compensated for damages (Nobody's above the law). IRS has been abusive. I can also see that many people say that J.S. is a hero. That's another red flag that IRS screws people who's unable to stand their ground... View More

James L. Arrasmith
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answered on Jul 6, 2023

If you believe you have suffered damages due to IRS misconduct and are considering suing the IRS, it's important to consult with a specialized tax attorney who can evaluate your case and guide you through the legal process. While suing a government agency like the IRS can be challenging,... View More

2 Answers | Asked in Employment Law and Tax Law for California on
Q: One of our employees is planning to leave the company due to the 20% tax he has to pay in France.

One of our employees is planning to leave the company due to the 20% tax he has to pay in France. He is Mexican and recently moved to France. Our company is based in the US, and we all work remotely since we are a startup. According to our contract, he is classified as a contractor, and he is... View More

Neil Pedersen
Neil Pedersen
answered on Jun 29, 2023

To get an answer you are going to have to get specific confidential advice from an attorney familiar with federal income tax. Under no circumstances should you consider misreporting the truth.

Good luck to you.

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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

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

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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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

James L. Arrasmith
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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.

James L. Arrasmith
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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

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