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Colorado Tax Law Questions & Answers
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

1 Answer | Asked in Tax Law for Colorado on
Q: What is the the first thing you should do if you find out you're being audited?
Linda Simmons Campbell
Linda Simmons Campbell
answered on May 19, 2017

In most cases you should hire an experienced tax attorney. That being said if the IRS sends you an audit letter for something relatively simple i.e. they want proof of one or two expenses and you can easily provide documentation, you may be able to handle the audit on your own. It is impossible... View More

1 Answer | Asked in Tax Law for Colorado on
Q: My Dad did a beneficiary deed transfer of his home to his kids. We have since sold the home. Are we liable for taxes?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 27, 2017

All parties that are listed on the deed are liable for their proportional share of the profit (in tax terms adjusted basis). The one exception is if the transfer occurred at your fathers death AND he included provisions in his will that his estate would pay for the taxes.

1 Answer | Asked in Tax Law for Colorado on
Q: Can you go to jail for taxes being filed many years late?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 14, 2017

Tax fraud (which is not necessarily the same thing as late filings) MAY result in jail time. For most people, jail time does not occur. Penalties, interest, and payment of prior tax amounts are a guarantee, but you can also set up a payment plan (i.e. the IRS will not take your entire paycheck and... View More

2 Answers | Asked in Tax Law for Colorado on
Q: Are winnings from an art contest considered taxable income?
Matthew M Montoya
Matthew M Montoya
answered on Mar 24, 2017

Yes. If the award is over $600, they are supposed to issue a Form 1099. Either way, it's still taxable. You'd report the income on Form 1040, Line 21 "other income."

I have provided a link to the IRS website page on miscellaneous income.

https://www.irs.gov/uac/reporting-miscellaneous-income

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1 Answer | Asked in Tax Law for Colorado on
Q: Verbal agreements. Filing/claiming for income tax. My two children and myself were claimed bc I was told:.is this legal?

If she doesn't keep her 32nd of the agreement?? I was told I wouldn't get a return bc i only made 1,700 for the year and I was also told that letting her claim myself and two children is legal. And bc I lived at my in laws for the better part of seven months, and didn't work much at... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 5, 2017

I'm not sure what you are asking. Try resubmitting your question again.

The federal requirement for claiming a dependent is that the person makes under $4,050 (2016 numbers), lives over 6 mo. with the party for the tax year, and at least 1/2 of the support is provided.

The...
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1 Answer | Asked in Tax Law for Colorado on
Q: Do I still,owe repayment for 2008 first time home owner if my home foreclosed
Timothy Canty
Timothy Canty
answered on Feb 20, 2017

If the lender bid the entire amount owed at the foreclosure sale, then you do not owe them any money. If they bid less than the amount due, you still owe the balance. If there was a second or third mortgage and they did not redeem the property by paying off the first mortgage, you would still owe... View More

1 Answer | Asked in Family Law and Tax Law for Colorado on
Q: Child support arrears and tax returns. How do they relate and can I claim every year until paid back the $15,500 owed?

He, of course, denies owing anything but I have been truthful in what's been paid down to when he's given me $5. He opened the CSE case Dec 2011 and then paid me cash sporadically until mid to late 2014 when he tried to take full custody. Since that time he has paid in full, late but... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 10, 2017

You can make non-payment part of the case by motion or request in court. If you are very close to the final judgment a judge may not consider the back support in the modification hearing. You can also file your own case seeking back child support. Claiming a dependent is partially based on the... View More

1 Answer | Asked in Collections and Tax Law for Colorado on
Q: I got a 1099 for a settlement i didn't get!! How do i look in to thid to find out what's going on?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 8, 2017

The 1099 should list the person/entity that submitted the 1099. Contact them to see if there was a clerical error. If there is an assertion that no error was made (and you can prove that you did not receive this compensation), you can file an appeal with the IRS or file a return expecting an audit... View More

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