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Florida Tax Law Questions & Answers
2 Answers | Asked in Tax Law for Florida on
Q: Who pays the sales tax on the sale of a motor vehicle by a private individual to a dealer which is out of state?

Seller lives in Florida.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 16, 2020

The individual who sold the car is supposed to pay the sales tax to Florida because the transaction occurred here; delivering it out of state is not a sale.

Explanation: The reason why Florida businesses "charge" you and me sales tax is because they are paid by Florida to...
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1 Answer | Asked in Tax Law for Florida on
Q: Is my mom responsible for reemployment taxes my father owed when he was alive from a corporation solely under his name?

They were married at the time of his death. Also, the corporation was dissolved while he was alive.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 16, 2020

Although I would need the exact relevant dates to be able to answer confidently, I will say--generally--that unless your mom had some real ownership in your dad's old company she is not PERSONALLY liable for the unemployment taxes owed to the state.

Whether your dad dissolved his...
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2 Answers | Asked in Tax Law for Florida on
Q: Is there a Statute of Limitations on IRS assessing taxes, penalties and interest?

I received a NOTICE CP71D from IRS stating "Annual reminder of balance due taxes for tax year 1995. AMOUNT DUE $33,561.26. No explanation or detail as to what it is for. I paid ALL TAXES, PENALTIES AND INTEREST due for TY 1995 on 7/20/18. I called the IRS collection officer who handled my... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 12, 2020

1. KEEP ALL YOUR DOCUMENTS PROVING PAYMENT OF BACK TAXES FOREVER.

2. The IRS is on a tear these days trying to collect as much money in taxes as possible because of the severe economic depression caused by the pandemic.

3. Under normal conditions the IRS does not look back more...
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2 Answers | Asked in Tax Law for Florida on
Q: Our mother has a ministry 501c3. What steps do we need to take to become a subsidiary ministry. Same EIN.

We want to be under the same umbrella

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 10, 2020

Include your ministry's figures in your mother's ministry's informational return.

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1 Answer | Asked in Immigration Law, Tax Law and Workers' Compensation for Florida on
Q: Is it legal to do part-time freelancing for a company in India while working full-time on H1B in USA?

Hello,

Currently, I am working full-time on H1B visa at company A located in USA. I also have an offer to work part-time in India at company B as a freelancer.

Can I do both these jobs legally? Also will I have to pay taxes in India or USA for whatever I earn from company B which is... Read more »

Linda Liang
Linda Liang answered on Aug 12, 2020

As long as you keep your job in US which is the base for your H1B, you are free to do anything.

1 Answer | Asked in Tax Law, Traffic Tickets, Workers' Compensation and Admiralty / Maritime for Florida on
Q: AA222141 what's this #means

Moorish is the only citizen, not Americans

Tim Akpinar
Tim Akpinar answered on Aug 10, 2020

This is posted under Admiralty/Maritime, but I am not able to cross-reference any federal maritime statutes under those letters and digits. If it is a case citation, one possibility is Moorish National Republic Federal Government #AA222141 et al v. US Department of State et al, US District Court... Read more »

1 Answer | Asked in Tax Law for Florida on
Q: If I quitclaim an investment property (house) to a friend, do I avoid paying capital gains and recapture taxes on it?

Does the capital gain and recapture taxes transfer to the new owner?

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 5, 2020

No, you pay taxes on your capital gain when you dispose of it, even if you give it away. The new owner's basis would be zero, assuming that by "quitclaim … to a friend", you mean that the friend gets it for free.

1 Answer | Asked in Estate Planning and Tax Law for Florida on
Q: My mother is refusing to show me her will or to give me a copy of her will tho she has gave it to her other children .

After finding his out I wAnt to go to probate court Too see if I can contest the will how can one do that if I can’t see the will . Please advise

Seril L Grossfeld
Seril L Grossfeld answered on Aug 3, 2020

If your mother is still alive what her will says is not relevant since it is only effective once she passes away and between now and then she can change it as often as she likes. You cannot contest her will while she is still alive. Your mother can express her final wishes in her will without... Read more »

1 Answer | Asked in Employment Law, Tax Law, Business Formation and Business Law for Florida on
Q: Opening an online store with stickers/prints/shirts. Will be making less than 100K a year. What permits do I need in FL?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 25, 2020

You do not need to ask this question; you need to ask how to find a small business lawyer-before your small business flames out.

1 Answer | Asked in Tax Law for Florida on
Q: I have a nice gain on 10 option contracts I purchased on open market (not related to employee programs or work)

that expire soon. The total holding time will be about 6 months. For discussion sake, i say I bought the options for 1 penny a share and are now worth $100/sh) . If I exercise the options I will make $1000. If I donate 1 unexercised option to a DAF I have set up they will accept a call option) and... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 11, 2020

You need to see a stock broker not a lawyer.

1 Answer | Asked in Tax Law for Florida on
Q: My sister & I inherited a house. If I buy her out and then quickly sell, do I pay capital gains on the full sell price?

Or, do I still get to only pay capital gains on the sell price above what the house was worth at the time of my father's death?

I am concerned that, because buying her out constitutes a sale, I will lose the inheritance exemption.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 8, 2020

You would have to pay capital gain tax on the difference between what you pay her for her undivided half interest, and the amount you receive when you sell the half interest you buy from her. But no, you don't loose the exemption on your half interest in the property which half interest you... Read more »

1 Answer | Asked in Tax Law for Florida on
Q: My husband has a tax lien attached to his ss#. Can we sell and move without the irs taking the owed money

Can the lien just follow him to the new house .

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 7, 2020

Once the IRS attaches someone's Social Security Account for non-payment of back taxes, the lien will remain attached to the SS Account until the amount of back taxes owed--plus all assessed late penalties and interest owed--is repaid in full. Moving will not change anything.

1 Answer | Asked in Tax Law for Florida on
Q: Will I be able to get my husbands tax lien off my house when we divorce
Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 3, 2020

I believe that, should you get the house in the divorce, the decree should provide that he pay off the lien.

1 Answer | Asked in Tax Law for Florida on
Q: Social Security Tax Fraud?

This makes no sense but let's say someone is 64 and trying to help their future social security. They have a failing business and process payroll for themselves every week. They pay all taxes like they are earning income, but they never cash their pay checks. They are process payroll... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 2, 2020

You are correct: It makes no sense.

Individuals cannot increase the amount of their annual or monthly Social Security benefits by creating imaginary payroll checks and not cashing them--unless they pay the payroll taxes associated with each bogus check. The Social Security Administration...
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2 Answers | Asked in Tax Law, Business Law and International Law for Florida on
Q: My US based company received a payment from a french corporation. The owner of the french corporation is asking a refund

on his personal account which looks like laundering money thing. What is the international law that forbids me to proceed in the repayment of the french corporation into the owner's personal account? Thanks in advance for your prompt answer.

David Luther Woodward
David Luther Woodward answered on Jun 15, 2020

I can think of no "international law" that prohibits you from refunding as directed; however, state and federal statutes against money laundering might well be triggered if this is this person's "modus operandi". Has he requested this method more than once? A pattern is... Read more »

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1 Answer | Asked in Tax Law for Florida on
Q: Can NY or NJ sales tax dept garnish an account holding death benefit proceeds ?

I live in FL

Account is in another state

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 2, 2020

The law of that other state, not the law of Florida, would apply. But if the law there is anything like the law here, they might garnish the account and then the owner would have to prove the source of the funds and that such funds were exempt from execution.

2 Answers | Asked in Tax Law for Florida on
Q: What should I do with the IRS if I claimed a dependent that I wasn’t supposed to

I claimed my mother on my taxes by accident what should I do

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 2, 2020

Amend your tax return.

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3 Answers | Asked in Business Formation, Business Law and Tax Law for Florida on
Q: Filing taxes for a new LLC in Florida

Dear Professionals,

I registered my LLC with the state of Florida last October, but I have not been able to start running my business properly.

My company status is showing Active and I would like to prevent the status from changing into Inactive.

Given that I have not... Read more »

Evelyn Suero
Evelyn Suero answered on May 9, 2020

In order to maintain an "active status" with the Florida Department of State, an annual report must be filed each year for your business entity. More info is available on Sunbiz.org.

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2 Answers | Asked in Tax Law and Gov & Administrative Law for Florida on
Q: Do I qualify for the coronavirus-related distributions?

Live in South Florida, fell ill in March with a sore throat, low grade fever, etc.... but didn't meet the criteria to be tested. You had to be hospitalized or 65 or older at that time. I am 55. I self quarantined like the task forced asked us to do. I had just started to work for Instacart... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 7, 2020

For starters, I can tell you that if you and your deceased husband filed a joint income tax return for calendar year 2018 or 2019 you each are entitled to receive $1,200. And since your husband was alive when the stimulus legislation was enacted (mid-January), you can keep the $1,200 earmarked for... Read more »

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