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Florida Tax Law Questions & Answers
1 Answer | Asked in Tax Law and Business Formation for Florida on
Q: Are we still tax-exempt after not filing 990N since 2018?

I have a 501(c)(7) Not for Profit Corporation that last filed a 990N with the IRS in 2018, which provided us with a tax-exempt ID number. Since we have not filed since then, I am concerned whether we are still considered tax-exempt and what steps we need to take to maintain or regain our tax-exempt... View More

Sam Houston
Sam Houston
answered on Mar 20, 2025

Your 501(c)(7) tax-exempt status may have been automatically revoked due to your failure to file the entities tax return for three consecutive years. Section 6033(j) of the Internal Revenue Code states (in so many words) that a tax-exempt organization's status can be automatically revoked if... View More

1 Answer | Asked in Divorce, Child Support and Tax Law for Florida on
Q: Can I refuse to sign Form 8332 and claim both kids as custodial parent?

I am in Florida and got divorced in 2019. My ex-husband and I have two children, and I have them 80% of the time since he lives in a different city from where they attend school. Our divorce agreement allows him to claim one child on his taxes. He recently hired a CPA who requires me to sign Form... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 18, 2025

If your agreement says that he can claim one child then you should just sign the form. You will lose this issue in court. You will create even more trouble if you claim both children on your taxes. If you want to change things based on new circumstances then you must return to court on a... View More

1 Answer | Asked in Identity Theft, Employment Law, Tax Law and Insurance Bad Faith for Florida on
Q: Legal recourse after $16,000 stolen from 401(k) due to identity theft and incorrect 1099-R issued by Fidelity.

My wife had $16,000 stolen from her 401(k) account with Fidelity following an identity theft incident in June. We were not informed by Fidelity until we discovered the account was blocked in November. We have reported this to the police, Identitytheft.gov, and social security. Fidelity claims to be... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 9, 2025

If your money is not refunded, you might have a potential negligence claim against Fidelity, which is likely insured for that. Schedule an appointment with a lawyer in your area who handles civil litigation including negligence claims against financial institutions. The lawyer should promptly... View More

1 Answer | Asked in Tax Law, Legal Malpractice, Civil Litigation and Civil Rights for Florida on
Q: What can I do if my tax preparer didn't file my taxes and won't provide documents?

I hired someone to file my 2022 taxes and review prior years (2017-2021) for accuracy. My family and I paid her over $6,000. She failed to file my parents' 2022 taxes resulting in penalties and fees and refuses to provide documentation or refunds. I have text messages as proof of my requests,... View More

William T. Harmon
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answered on Feb 13, 2025

Any documents you provide to tax preparers, you are entitled to have back. You can also refer this person to the office of professional responsibility, which could result in some disciplinary action. If the individual is a CPA from GA, you can contact the board of accountancy there to file a... View More

2 Answers | Asked in Tax Law and Estate Planning for Florida on
Q: My mother wants to gift/sell a home for half the value. Is she able to gift this without any tax implications?

My mother inherited our grandmother's house and wants to gift the home for half the value of the home. Is she able to do this without incurring some sort of large tax burden the following year?

Anwar Elias Hadeed
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answered on Feb 11, 2025

An Enhanced Life Estate Deed (Lady Bird Deed) or a Revocable Trust can help your mother transfer the home efficiently while avoiding probate and minimizing tax consequences.

Lady Bird Deed

This allows your mother to:

Retain full control of the home during her lifetime....
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2 Answers | Asked in Tax Law and Estate Planning for Florida on
Q: My mother wants to gift/sell a home for half the value. Is she able to gift this without any tax implications?

My mother inherited our grandmother's house and wants to gift the home for half the value of the home. Is she able to do this without incurring some sort of large tax burden the following year?

Phillip William Gunthert
Phillip William Gunthert
answered on Feb 11, 2025

Generally, it is better to inherit a home via estate planning and or a proper deed (enhanced life estate deed, ladybird deed) as you will get a stepped-up basis for the value of the home at or near the date of death. If the asset is gifted then a gift tax form will need to be completed and sent to... View More

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1 Answer | Asked in Family Law and Tax Law for Florida on
Q: I haven't lived with family in a year this month. Can they claim me on their taxes?

I'm 17, I was removed because of a pretty nasty CPS case and a lot of domestic abuse cases, and some felony cases on her party played a part into this. I haven't lived there since early 2024. My mom was receiving child support in this time, however not supporting me. No paying for... View More

Pamela J. Fero
Pamela J. Fero
answered on Feb 4, 2025

Under IRS rules, a parent or guardian can claim you as a dependent under the following conditions:

Residency Requirement: The child must have lived with the parent for more than half of the tax year.

Support Requirement: The parent must have provided more than half of the child’s...
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1 Answer | Asked in Tax Law and Elder Law for Florida on
Q: Does Florida have a law concerning Homestead that if you are a divorced widow you cannot claim this exemption?

I was married for 24 years and worked so my husband was able to go to school and get his doctorate degree. After which he divorced me a few years later. He then passed four years later. It is my understanding that I am a widow according to US law. But I was told when I applied for widow exemption... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Jan 24, 2025

If you were divorced before his death, you are not deemed a widow. I am sorry to report that if you do not meet the below, you do not qualify.

You must have been married to the deceased at the time of his/her death. If you were divorced prior to the death, you are considered an ex-spouse,...
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2 Answers | Asked in Real Estate Law, Tax Law, Banking and Probate for Florida on
Q: FL judge determined I am heir to my dad's estate.Exempt from FL taxes.I live in MN.When I sell his house do I pay tax?

Am also wondering when I sell his house & car, do the funds go into estate account? Or because judge put everything into my name personally, & not "the estate of XYZ", does that mean funds go into my personal bank account. Am so confused, as am so used estate stuff being kept... View More

Marc J. Soss
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Marc J. Soss
answered on Jan 22, 2025

The house needs to be valued at its date of death value. If you sell the house for more than that amount you would be subject to taxes. But only if the net sales price is more than the appraised value.

If the Judge put everything in your name then nothing needs to go into an estate account.

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4 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Tax Law for Florida on
Q: in florida can a notice of deposition duces tecum be done by an attorney to make me bring records and documents

if i want to serve the other party do i just notice them throught their attorney and does it need to say subpoena anywhere in the notice? i was looking for a template

Anwar Elias Hadeed
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answered on Jan 24, 2025

In Florida, an attorney can issue a Notice of Deposition Duces Tecum to require you to bring specific records to a deposition. If you're serving the other party, you send the notice to their attorney—no need to use the word "subpoena" for parties to the case. However, if you’re... View More

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4 Answers | Asked in Family Law, Tax Law, Business Law and Child Support for Florida on
Q: If the father of a child has his own small business (LLC), does his monthly business expenses count toward his income?

Or does a certain percentage count? He pays himself very little and writes off everything thought the company such as car, insurance, phone, etc including our dinners when we used to go out. Is there a Florida law regarding this?

Erik A. Perez
Erik A. Perez
answered on Jan 3, 2025

This is a good question to also ask your accountant. The answer may depend also on whether the LLC is taxed as an S-corporation. Generally, if the LLC is an S-corporation (many are), the owners will be taxed according to the salary that is paid and any distributions. The expenses of the company may... View More

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4 Answers | Asked in Family Law, Tax Law, Business Law and Child Support for Florida on
Q: If the father of a child has his own small business (LLC), does his monthly business expenses count toward his income?

Or does a certain percentage count? He pays himself very little and writes off everything thought the company such as car, insurance, phone, etc including our dinners when we used to go out. Is there a Florida law regarding this?

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 3, 2025

Your question is a little complicated but the short answer is yes, anything that reduces his normal living expenses counts as income, regardless of whether he writes it off as a business expense. Speak with a local family lawyer for more specific advice.

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2 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for Florida on
Q: The house and property I have lived in for15 years has 3 years delinquent taxes. It's in my dad's name and he paid taxes

Never asked me to pay taxes. He is now in assisted living and doesn't have access to bank accounts. The property is going to be sold on Jan. 13, 2025,unless the taxes are paid. Just found this out.

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Jan 2, 2025

It is important that the taxes be paid before the date of the tax sale. Check the tax collector's website to see all the instructions for paying the taxes so close to a tax sale deadline. Anyone can pay the taxes, so it is okay for you to be the one to pay them. Typically, where there is... View More

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1 Answer | Asked in Tax Law and Agricultural Law for Florida on
Q: Tax rate on 614000.00illinois farm sale from florida resident
Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 22, 2024

If I correctly understand what you are asking, you want to know the taxes applicable to the sale of property in Illinois. You would have to ask the authorities in the area of Illinois where the farm is located. For federal income tax (capital gains), of any, that would depend upon your specific... View More

1 Answer | Asked in Tax Law for Florida on
Q: How do I calculate the refund of taxes that my veteran husband gets for the last 3 yrs of property taxes?

In 2018, Honorably discharged marine 10% disabled

James L. Arrasmith
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answered on Jun 15, 2024

Here are the key points for calculating a property tax refund for a disabled veteran in Florida over the last 3 years:

- Veterans with a service-connected disability of 10% or more are eligible for a $5,000 property tax exemption in Florida. This reduces the assessed value of their home for...
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2 Answers | Asked in Business Formation, Contracts, Federal Crimes and Tax Law for Florida on
Q: Have I been a victim of investment fraud? Has he violated the law? What steps can I take to resolve this?

In 2020, a friend went into the cannabis business in Oklahoma. He told me it was legal and profitable and convinced me to invest $100,000, promising me shares. I wired the money to his real estate company, AAA LLC, in September 2020 (I have the receipt). By 2022, he had not provided any updates,... View More

James L. Arrasmith
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answered on May 31, 2024

It sounds like you may have been a victim of investment fraud. Your friend’s failure to provide updates, the lack of formal documentation, and his reluctance to return your money are concerning. The fact that your name is not listed in the cannabis company and the handwritten statement without... View More

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2 Answers | Asked in Business Formation, Contracts, Federal Crimes and Tax Law for Florida on
Q: Have I been a victim of investment fraud? Has he violated the law? What steps can I take to resolve this?

In 2020, a friend went into the cannabis business in Oklahoma. He told me it was legal and profitable and convinced me to invest $100,000, promising me shares. I wired the money to his real estate company, AAA LLC, in September 2020 (I have the receipt). By 2022, he had not provided any updates,... View More

Jennifer Newton
Jennifer Newton
answered on May 30, 2024

After reviewing the details of your investment in the cannabis business in Oklahoma and the issues you've encountered, here are some potential legal actions you can take :

Demand Letter: Initiate with a formal demand letter requesting the return of your $100,000 investment. Clearly...
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1 Answer | Asked in Tax Law for Florida on
Q: I am selling my house and have not filed taxes in a couple of years. Will that delay the sale?

My lawyer just mentioned that he will ensure we don’t owe any back taxes. My husband passed away 6 months ago.

James L. Arrasmith
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answered on May 24, 2024

Selling your house without having filed taxes for a couple of years can potentially delay the sale, especially if there are outstanding tax liabilities. Your lawyer's concern about ensuring no back taxes are owed is crucial because any unpaid taxes can result in a lien on your property. This... View More

1 Answer | Asked in Tax Law and Gov & Administrative Law for Florida on
Q: Does an acupuncturist need a tax permit to provide in- home treatment services in Lake County FL?
James L. Arrasmith
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answered on May 21, 2024

In the state of Florida, including Lake County, acupuncturists are required to obtain a license from the Florida Board of Acupuncture to practice acupuncture legally. This is outlined in the Florida Statutes, Chapter 457.

However, regarding a tax permit for in-home treatment services, the...
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1 Answer | Asked in Tax Law for Florida on
Q: I lived in Florida and worked remotely for a Maryland company. 1099, Do I still need to pay income taxes to Maryland?
James L. Arrasmith
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answered on May 1, 2024

If you're working remotely for a company based in Maryland but living in Florida, you generally don't need to pay Maryland income tax on the earnings from that company, as Maryland typically taxes income based on where the work is performed, not just where the company is located. However,... View More

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