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Colorado Tax Law Questions & Answers
1 Answer | Asked in Tax Law for Colorado on
Q: I got premium tax credits for health insurance. I am married, but I only included my income on the application.

The application said I have to file taxes jointly if I am married accepting tax credits. What is going to happen? Do I file jointly or married filing seperatley and pay back credits? I dont want to get in trouble. Did I go about this the wrong way?

Linda Simmons Campbell
Linda Simmons Campbell
answered on Mar 21, 2018

You are supposed to list the total household income when you apply for the credit. You need to file correctly (married filing jointly) and then you will likely owe back some/all of the credits you received. You can only file married filing separately and still receive the credit in limited... View More

1 Answer | Asked in Tax Law for Colorado on
Q: If they are garnishing from my pay check will they still take my tax refund
D. Mathew Blackburn
D. Mathew Blackburn
answered on Mar 7, 2018

Yes

2 Answers | Asked in Tax Law for Colorado on
Q: I have been dealing with a audit for 2 years with a 80k price tag. After sending proof, I learned I was double charged.

Can anything be done?

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

Hire an attorney.

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2 Answers | Asked in Child Support and Tax Law for Colorado on
Q: Is there a deadline on when child support is considered current for a tax year?

Per parenting plan, we alternate claiming our child. It is his dad's turn but he owes support from last year. Is there a date by which he has to be current? 12/31/17? Does the amount of arrears make a difference? He owes $150? Can I claim my son since he is behind?

Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 5, 2018

There is no specific deadline in statute. If your orders contain no deadline, the general presumption would be that if you file first you file first and have done nothing wrong. There is also no amount. He could be behind $1 or $1,000,000 and would still lose the right to claim the exemption if... View More

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1 Answer | Asked in Tax Law for Colorado on
Q: If there is only a temporary court order for visitation and we have not been to court for final orders can she file tax

We are not married but have a final disposition the end of March. Can she file taxes without the final disposition?

Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 5, 2018

Without a court order in place allocating the dependency exemption, if the child resides primarily with her or she had the child the majority of the time for 2017, IRS Code would say she gets to claim the child. If you all shared equal time you could consider filing a forthwith motion with the... View More

1 Answer | Asked in Tax Law for Colorado on
Q: What forms do I need to send the IRS for my one and only part-time employee?

I have 1 part-time employee that started working for me last fall. He is my first employee. I paid him just under $1000 over 2 payments and withheld 6.2% for SS and 1.45% for medicare. TurboTax is assisting with his W2. Are there other forms, like a 944 that I have to send to the IRS? How do I pay... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Jan 27, 2018

You will need to file and remit tax for the 944 for withholding and SS, 940 for futa, uitr-1 for CO unemployment tax, and the CO withholding forms. Along with the w-2. You also have to file a notice of hiring with the CO department of labor.

2 Answers | Asked in Tax Law for Colorado on
Q: With the new tax bill, is it true I can only write off $10,000 of my property taxes now? What if I paid more than that?
Timothy Canty
Timothy Canty
answered on Jan 3, 2018

It's true. Property tax, sales tax and state tax deduction cannot exceed $10,000.00 per year. You may be able to deduct more property tax than that in 2018 (though not sales or income tax) if you pre-paid taxes in 2017.

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1 Answer | Asked in Tax Law for Colorado on
Q: Retirement annuity payout

I received an annuity payout from my deceased mother's retirement account (funded with pre tax $). Approximately 80K. What are the federal and state tax implications? Origin of account was in NE and I live in CO. Funds were wired directly to me.

D. Mathew Blackburn
D. Mathew Blackburn
answered on Dec 13, 2017

It depends. You'll need to hire an expert to determine tax realization and recognition depending on how the annuity was originally purchased, whether with pre / post tax dollars.

2 Answers | Asked in Tax Law for Colorado on
Q: I inherited a farm for which I have income to report my share of the proceeds from the sale of livestock and coop dist

Do I need to pay self employment tax on this if I don't actually farm the land?

D. Mathew Blackburn
D. Mathew Blackburn
answered on Nov 10, 2017

If you're not actively participating in the business then no you are not subject to SE tax. Also farms have alternative SE calculations that may come into play. I would suggest hiring a professional to help with this. The Schedule F looks simple enough but there are numerous traps for the unwary.

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1 Answer | Asked in Tax Law for Colorado on
Q: Do business owners sometimes need to file their individual taxes and business taxes together?
D. Mathew Blackburn
D. Mathew Blackburn
answered on Oct 24, 2017

If you own your business as a sole-proprietorship, a Single-Member LLC, or a Multi-Member LLC where the other member is your spouse then the business return will go on your F1040 Schedule C (One for each spouse for the marital LLC). Otherwise the entity type will determine the type of return to be... View More

1 Answer | Asked in Tax Law for Colorado on
Q: Can my for profit business make a tax deductable donation to my non profit?
D. Mathew Blackburn
D. Mathew Blackburn
answered on Oct 6, 2017

The only business that can deduct a charitable donation is a corporation. LLCs, S-corps, sole-props, etc... all pass that deduction directly to the owners and is not deducted at the entity level.

The next question is does this qualify as self-dealing. Given the details you've...
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1 Answer | Asked in Tax Law for Colorado on
Q: Do I still pay property taxes if I'm currently appealing the assessment?
D. Mathew Blackburn
D. Mathew Blackburn
answered on Sep 9, 2017

Yes. You pay and appeal to request a refund. Failure to pay may result in a lien and foreclosure.

2 Answers | Asked in Divorce and Tax Law for Colorado on
Q: I have two questions concerning IRS treatment of Colorado maintenance.

I am in the final hours of nailing down a divorce Settlement Agreement that includes non-modifiable maintenance. In consideration of IRS rules regarding the definition of alimony, I have two questions: 1) Does non-modifiable maintenance end upon the death of either party? 2) Is a lump sum payment... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Aug 16, 2017

Yes and yes.

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2 Answers | Asked in Tax Law for Colorado on
Q: My father left his house to my sibling - but it's a part of the whole estate - do I have to pay taxes on it?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Aug 4, 2017

Taxes due on the property should be paid by your father's estate. Once title (deed) is passed to the beneficiaries, the beneficiaries assume the tax responsibility. If you are the PR (executor) you may need to "pay" the taxes, but this is paid from the estate, not from your personal... View More

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1 Answer | Asked in Tax Law for Colorado on
Q: My brother passed away in 2005. I just learned that he left me an ira worth about $8,500. Distribution and tax law-

I learned I need to be taking distributions but, I don't know how much. I'd like to avoid the tax consequences. I live in Colorado but the ira is held in Alabama.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jul 15, 2017

Mandatory minimum distributions (MMD) are figured based on a formula. The amount to withdraw should be provided by the fund manager of the IRA (this is part of the service that your investment fees are paying for). Note MMD rules (which only apply to traditional tax deferred IRAs) are tied to the... View More

2 Answers | Asked in Tax Law for Colorado on
Q: Advice on a non resident of Colorado responding to a demand letter for payment of taxes for monies that did not exist

State of Florida resident. Reported sale of stocks and bonds, dividends and interest that are not mine nor did any Federal filing ever reflect these. They are refusing to show me the purported 1099's listing nearly $100,000 in gains.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jul 8, 2017

Who is asking for the money? The IRS and state revenue departments do not send demand letters; the government audits. If you are getting a demand letter from a law firm for back taxes, this is very likely a scam.

Contact (and likely hire) an attorney to review the letter and advise on how...
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2 Answers | Asked in Tax Law for Colorado on
Q: Can you get a tax refund if you are still making payments on previous year taxes?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jun 30, 2017

Depending on how the returns were filed, it is possible. If you are participating in a payment plan you are required to apply the refund to the outstanding amount.

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1 Answer | Asked in Tax Law for Colorado on
Q: Is there a deadline to amend tax returns?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jun 9, 2017

Baring very rare exceptions an amended return can be filed by the later of: (1) 3 years form the filing of prior returns or (2) 2 years from the date the tax was paid.

2 Answers | Asked in Business Law and Tax Law for Colorado on
Q: What type of tax filing option is best for my business?

I’m starting my own yoga business and trying to figure out how to do my taxes before launching. It’s not a traditional yoga studio or anything, it’s going to be primarily online (YouTube, email newsletter to subscribers, subscription sites that host yoga and fitness videos from various... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Jun 6, 2017

You should seek out a tax attorney to advise you. You're asking for legal advice and attorney's can't provide legal advise to people who are not their client.

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1 Answer | Asked in Tax Law and Health Care Law for Colorado on
Q: Colorado health insurance question

In 2016 I had a mix of ACA, employee, and Medicaid health insurance. As I was unemployed at the end of 2015 I had signed up for Medicaid. From that point on we received conflicting mail from the state saying it as on, off, etc - never clear. Thinking it was off at the time I started a new job in... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on May 22, 2017

Based on your facts, the two 1095s show that you were doubly insured (which you now already know). The IRS does not consider insurance options--they only compute the penalties. Colorado will likely demur because you acted on your own behalf (even if based on confusion). As a result, the dual... View More

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