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Colorado Tax Law Questions & Answers
2 Answers | Asked in Consumer Law, Criminal Law, Personal Injury and Tax Law for Colorado on
Q: How would I go about having a lawyer ready to use in case i every needed one.
D. Mathew Blackburn
D. Mathew Blackburn
answered on Nov 24, 2018

It's always better if you can build a professional relationship before the disaster strikes.

My suggestions would be to call them up and talk to them. Sign an agreement. Put down a retainer of an agreed upon amount. If anything happens you have a lawyer retained and they know...
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2 Answers | Asked in Child Support and Tax Law for Colorado on
Q: I have a signed 8332 and divorce decree grants me to claim child on taxes. Can I still claim if I have arrears balance?

The 8332 is for all years and states the same in our divorce decree. I am in arrears from 2016 and 2017 that just got a judgement on it. I understand they will take my return, but can I still claim my child?

Chad Silver
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answered on Nov 17, 2018

The new Tax Code changes as a result of the Jobs Act removed your ability to claim a child as a dependent. You may still be eligible for child care tax credits. This is the first year for the new changes and you may be surprised (happy or mad) about the results.

Best,

Chad...
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1 Answer | Asked in Tax Law for Colorado on
Q: Is there a law that specifically says you have to pay income tax in Colorado?
D. Mathew Blackburn
D. Mathew Blackburn
answered on Nov 5, 2018

Colorado Revised Statutes 39-22-104.

1 Answer | Asked in Tax Law, Business Formation and Business Law for Colorado on
Q: ISO: business/tax lawyer

Back taxes for 2 separate corporations that were started in Montana. Seeking a lawyer in Denver Colorado as that is where the i currently reside. Does the sought out lawyer in Colorado need to have jurisdiction in Montana in order to help me?

D. Mathew Blackburn
D. Mathew Blackburn
answered on Oct 20, 2018

Tax is not restricted to only attorneys that are licensed in the state. I have cases in about 10-11 different states. I'd have to go count them to be sure.

A Colorado attorney can help you with this issue.

1 Answer | Asked in International Law and Tax Law for Colorado on
Q: Do international companies located outside the USA have to pay Sales tax in colorado for goods purchased.

Company is not located in USA. Another company office is used as delivery. All vendor invoices are invoiced to the international entity. Do we have to pay the Vendor Colorado Sales tax?

Richard Sternberg
Richard Sternberg
answered on Oct 6, 2018

Unlike VAT, sales tax is paid by the vendor at point of sale. So, if the purchase was in Colorado, the vendor must report and pay sales tax on the sale unless there is an exemption under state law. Such exemptions often exist for non-profit charitable entities with § 501(c) status, but the... View More

1 Answer | Asked in Tax Law for Colorado on
Q: Do International Business's pay state taxes in colorado if the vendor supplied to an international company not located

Printed goods supplied, invoiced paid by an international company located outside the USA. Goods delivered to another company located in Colorado. Does the International Company have to pay state tax for the goods?

D. Mathew Blackburn
D. Mathew Blackburn
answered on Oct 5, 2018

It's going to depend on the goods and services provided. Is the company paying for a service or a good? Services are not subject to sales tax, goods are. If I have my brakes changed am I buying brakes, the installation service, or both? The first step would be an analysis of what was purchased... View More

1 Answer | Asked in Tax Law for Colorado on
Q: Colorado is claiming that I own them back taxes for a year that I didn't live there or earn any income there.

On September 15th 2014 I moved out of Colorado to Utah and have resided there ever sense. 2014 tax year I simited a partial year tax return to both the state of Colorado and Utah. Now Colorado is claiming that I own them back taxes for the tax your 2015 of just over $4,000. All of my income for... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Sep 20, 2018

Colorado is incredibly aggressive regarding residency for income tax purposes. You're going to have to provide evidence that you were not physically in Colorado and that you had changed your residency to Utah. Here's a CO Dept. of Revenue ("CDOR") FYI publication explaining... View More

1 Answer | Asked in Tax Law for Colorado on
Q: I'd like to give stock in my will -- how would that get taxed?
D. Mathew Blackburn
D. Mathew Blackburn
answered on Sep 14, 2018

When an individual passes their property receives a step-up in basis to the current Fair Market Value either on the date of death or what's call the alternative valuation date. There are reasons to pick either I won't go into that right now.

What is basis? It's what you paid...
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2 Answers | Asked in Tax Law for Colorado on
Q: What kind of deduction can I take on rental property improvements?
D. Mathew Blackburn
D. Mathew Blackburn
answered on Aug 23, 2018

If it's a repair you deduct it in the year it's incurred. If it's an improvement you adjust basis and depreciation.

Any expense that is incurred under the ordinary and normal course of a trade or business is deductible. 26 USC 162.

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1 Answer | Asked in Tax Law for Colorado on
Q: What happens if an individual fails to report a foreign bank account?
Linda Simmons Campbell
Linda Simmons Campbell
answered on Aug 3, 2018

If the IRS finds out you will face stiff penalties and interest and possible criminal charges. If this was nonwillfull then your best option is to file via the offshore voluntary disclosure program. You only have until September 28th. The paperwork can be difficult and confusing and you may... View More

1 Answer | Asked in Tax Law for Colorado on
Q: A local bookkeeper prepared our taxes this year. She made mistakes and we want to know what legal actions we can take.

We are active duty military. We have already paid for her services. Instead of receiving a full refund, we only received partial amount.

D. Mathew Blackburn
D. Mathew Blackburn
answered on Aug 3, 2018

The costs of pursuing legal action for negligence, fraud, etc... are rarely worth the time and costs. You would have to file in the county where you signed the service agreement, or where the BK's place of business is. Filing fee will probably be more than you paid for the return.

If...
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1 Answer | Asked in Tax Law for Colorado on
Q: Are life insurance and jointly-held property considered part of the deceased's estate, and thus subject to taxes?
D. Mathew Blackburn
D. Mathew Blackburn
answered on Jul 5, 2018

Usually not, but can't be sure until I've seen the docs.

1 Answer | Asked in Tax Law for Colorado on
Q: Are there any Colorado penalties for withdrawing from a 401a account early and when does the IRS assess it's 10% penalty

Live in Colorado full time. Quit a job that had a 401a instead of paying into S.S. There's not a lot of money in the account and I could use the money to fix somethings around the house. My current job uses PERA for retirement instead of S.S. I know that the IRS will impose a 10% penalty... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Jul 3, 2018

There's no state level penalty, but you can generally exclude income as taxable to CO if you wait. Colorado FYI Publication 25 https://www.colorado.gov/pacific/sites/default/files/Income25.pdf

The federal penalty is imposed on your F1040 so you'll incur it when you file your...
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1 Answer | Asked in Tax Law for Colorado on
Q: Today I received a Letter from the city of Lansing, Income tax ordinance, section 99,

I have not Lived in Michigan since 2009, I have never received notices before, Now I have 30 days to pay $264.41 for the years of 2013 to 2014

D. Mathew Blackburn
D. Mathew Blackburn
answered on Jun 16, 2018

If you believe the notices are in error you would need to respond and provide evidence that the assessment is incorrect.

1 Answer | Asked in Tax Law for Colorado on
Q: Do I pay incomes taxes on "criminal restitution"?

A realtor told me my house was worthless -said buyer gave me 215,000. Colo Real Estate Comm and Denver DA figured out that invisible buyer bought my house for 305,000 and then turned and sold it for 1,100,000. To avoid going to trial, I was given "criminal restitution" of $75,000. Do I... View More

Eric  Day
Eric Day
answered on Jun 8, 2018

Yes, you would have to pay taxes on the restitution you received. Any accession to wealth is taxable unless that judgment is in the form of physical pain and suffering.

1 Answer | Asked in Tax Law for Colorado on
Q: What should I do if I made an honest mistake on my income tax return?
D. Mathew Blackburn
D. Mathew Blackburn
answered on May 18, 2018

The return should be amended using Form 1040X.

Once the return is filed the additional tax owed should be paid and you'll receive a notice for failure to pay penalties. At that point you can either pay the penalty or request an abatement on Form 843 requesting either "first time...
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1 Answer | Asked in Tax Law for Colorado on
Q: trustee kept my distribution (stole) but sent me a k-1 do I have to pay tax

It is a simple trust and I am supposed to receive the money. I am replacing trustee and may sue to get my money but will IRS require me to pay taxes on K-1 income that I have not received. The trust holds rental property and have not seen money the last 2 years. $9,000 annually

D. Mathew Blackburn
D. Mathew Blackburn
answered on Apr 28, 2018

Assuming that the k-1 is correct you are required to report and pay any tax owed. Recovering any money owed to you is a seperate issue.

3 Answers | Asked in Business Law and Tax Law for Colorado on
Q: Are paying taxes voluntary or law?
Timothy Canty
Timothy Canty
answered on Apr 11, 2018

While our tax system is voluntary in the sense that you file a return and send in the money you owe, you will quickly find out how involuntary it is if you fail to do so. Many people have refused to file and have argued that they don't have to pay taxes. Most of them are in federal prison.

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1 Answer | Asked in Business Law, Tax Law and Business Formation for Colorado on
Q: Purchasing an existing company, trying to figure out where to incorporate for best tax advantages.

I am from Colorado. I am purchasing an existing company in TX. That company will be manufacturing product in TX and I will have a partner there. The product will be built and shipped from that third party manufacturer to likely all 50 states. My question is when purchasing the company, can I set up... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Mar 24, 2018

Generally the best approach is to register in the state of operation. Also be aware you will pay income taxes to CO regardless of where you set up the LLC because an LLC is a passthrough entity and you are a CO resident.

You need to retain a business/tax attorney that can advise you on the...
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1 Answer | Asked in Tax Law and Bankruptcy for Colorado on
Q: My bk discharge was final in March 2017. I never filed my 2015 tax return, it’s a decent size return. What should I do?

I’m a disabled veteran and worked half the year in 2015. The only year I worked in 5+ years. VA pension so I didn’t work. I didn’t even think about my 2015 return, which as it turns out is almost 4k$. Should I still file it? Or will it affect my chapter 7 discharge?

Kevin Scott Neiman
Kevin Scott Neiman
answered on Mar 22, 2018

For each return that is more than 60 days past its due date, IRS will assess a minimum failure to file penalty. The failure to file penalty runs at a severe rate of 5% up to a maximum rate of 25% per month of lateness.

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