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Florida Tax Law Questions & Answers
1 Answer | Asked in Tax Law for Florida on
Q: Hi, I wanted to know how true this is post?https://forum.leasehackr.com/t/commercial-leasing-for-companies/11701/16

Basically this guy is claiming that you can write off a car lease 100% as a business expense assuming the lease is made under the business name and as long as you create an agreement between you and your company stating that if I cover the cost of maintenance, insurance & upkeep, then the company... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 11, 2019

No.

First of all it doesn't matter what sort of agreement you have the IRS will look at what actually happened This is called form over function.

Second, your personal use of the vehicle is taxable as a wage or a guaranteed payment depending on the entity.

The correct method...
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2 Answers | Asked in Tax Law for Florida on
Q: How would I determine the tax basis for a beach cottage that I inherited 20 years ago?

Would I have to hire an appraiser who does retroactive appraisals? Could I just guess based on comparable sales?

D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 10, 2019

Historical appraisals and comps from the date of death.

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2 Answers | Asked in Tax Law for Florida on
Q: I received an under reporting notice for my 2017 taxes. I was never paid a dime by the company that issued it.

I was sent an income under reporting notice by the IRS for my 2017 1040. The 1099K was reported to IRS from a credit card processing company I never did business with. I called the company and they admitted I had no account with them. The EIN on the 1099K belongs to a former payor. How do I fix... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 8, 2019

They should issue a corrected 1099. If they won't you'll have to appeal and then file in US tax court and subponea them.

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2 Answers | Asked in Estate Planning, Tax Law, Bankruptcy and Elder Law for Florida on
Q: Hello, my mom and dad are on SS. It is their only income and they live in Florida.

Due to health problems they are having financial difficulty. They have a bank issued credit card with $24,000 in debt. I've read that the bank can't touch their SS but my question is can they come after other assets like their house which they have a mortgage on or their car which is the only car... Read more »

Timothy Denison
Timothy Denison answered on Nov 5, 2019

Yes. They can come after their assets such as their house and car, although they would be secondary to the mortgage holder on the house and the note holder on the car.

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1 Answer | Asked in Business Formation, Business Law and Tax Law for Florida on
Q: Should I charge sales tax for my courier service? I pick up and item from one location and i deliver it to my customer.

No labor involved. I'm a middle man delivery service.

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 28, 2019

Generally if you're not paying for the item and re-selling it you don't collect the sales tax.

You'd have to check your state, county, and city to be sure.

1 Answer | Asked in Tax Law for Florida on
Q: What actions activates the law initiating a tax liability for our actions at work of a Private enterprise ?

Congress defined a Public Office in Section 7701(26) as one that doesn't include the words of a "private enterprise." The 78 Congressional Record's recorded testimony of F. Morris Hubbard's (senior legislative draftsman of the Treasury Department) explanation in front of Congress in 1943 Volume... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 23, 2019

Rather than trying to "prove you wrong" I would rather invite you to attend the next meeting of the Sovereign Citizens of America, Inc., to be held in the City Hall in Lubbock, Texas, on all hallows eve (called Halloween in some places). I will be standing in the back, watching and listening.

1 Answer | Asked in Tax Law for Florida on
Q: What resources do you use to research tax laws?
Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 23, 2019

It depends.

For federal taxes, I would start with the Internal Revenue Code and the regulations enacted pursuant to that. You might go to IRS.Gov to see what is available there. The IRC is also a part of the United States Code (Title 26), available at various sites online. And then case...
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2 Answers | Asked in Tax Law for Florida on
Q: I live full time in Florida. My pension is from Michigan. Do I have to file Michigan state taxes on my pension?
Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 22, 2019

Your question is really one of Michigan Law, not Florida. So you should ask it in Justia › Ask a Lawyer › Michigan › Tax Law ›.

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1 Answer | Asked in Tax Law for Florida on
Q: I took money from my Roth IRA to purchase a home. I am 53 and paid a 10% penalty. I did not claim as income on taxes,

I am now receiving a bill from IRS as they added it as income. It was 16k and with penalties and such total 6100.00 I appealed it and they want me to sign a form stating they will add to my income and tax appropriate. I think this is wrong. What do I do?

D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 30, 2019

You may not be responsible for tax or the penalty.

You should hire a professional yesterday and file an appeal.

1 Answer | Asked in Tax Law for Florida on
Q: Can a 501c3 sell item like Tshirts without paying sales tax by claiming the money is a donation?

Our nonprofit rents space to 12 step groups. One board member wants to raise funds by selling key chains, shirts, etc at AA and NA meetings. He is claiming the exchange of merchandise for cash would be a donation. I disagree. I think he is selling and we have to pay sales tax.

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 19, 2019

You are correct. If it were really a donation, the buyers would also be able to get the items "sold" for nothing (i.e.: free).

1 Answer | Asked in Tax Law for Florida on
Q: What percentage of US tax do i pay on a foreign capital gain?

I am selling a property in a foreign country, Peru. I am a citizen of peru but have been living in the US since 2000, became legal resident alien on 2019. Property has never been rented. How much tax will i have to pay on a 95k capital gain, approximate percentage?

D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 13, 2019

20%

1 Answer | Asked in Tax Law, Health Care Law and Social Security for Florida on
Q: Can my father pass an inheritance he will receive to his kids without reporting it an losing his medical benefits ?

So my father is on his fathers Will an will receive about $40,000. his father is medically unable to change the will at this time. My father is on Social security disability, has medicare an medicaid which are very important because he needs them to pay for dialysis. I heard that if he gets this... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 5, 2019

You can disclaim an inheritance but it won't necessarily go to his kids. There are also exemptions on medicaid/care for lump sums.

I would suggest hiring an attorney to advise him on this. If you don't do it correctly it'll be bad.

1 Answer | Asked in Real Estate Law and Tax Law for Florida on
Q: I purchased a home in hernando beach, fl on sept 28, 2018. I paid 20% of the total price and paid cash......

I now wish to dissolve this partnership. we have an outstanding property tax bill since we paid cash. the 80% owner now wants me to pay 50% instead of my vested 20%. she also wants me to pay 50% of the cost associated with the sell of the property, again instead of my fully vested 20%. we have no... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 24, 2019

A deed doesn't create a partnership; it creates a tenancy-in-common. If you cannot agree on how to split the proceeds or the expenses, you probably need to sue for "partition".

1 Answer | Asked in Real Estate Law and Tax Law for Florida on
Q: I own 20% of a home in florida...am I responsible of only 20% of the property taxes? the 80% owner says I owe half.
Seril L Grossfeld
Seril L Grossfeld answered on Aug 21, 2019

Well that depends. Did you and other owner(s) have an agreement when you bought the place and it was determined that your percentage was 20% of the ownership interest as to how to divide other expenses or attributes of ownership of the property. Partnerships can be someone complicated and even... Read more »

2 Answers | Asked in Tax Law for Florida on
Q: Taxi driver 12,000.00 net yearly income. Considered self employed. Irs says 1,200.00 tax yearly sound correct.
Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 17, 2019

No, it doesn't. Look it up in the tax tables. Did you fail to file a tax return?

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2 Answers | Asked in Real Estate Law and Tax Law for Florida on
Q: I have been penalized for homestead exemption abuse because I did not move my homestead. Is there any relief I can seek?

I purchased a small townhouse in 2012 and made it my homestead. I later purchased a home but I kept the townhouse and rented it. I sold the home and purchased another and then another. Each time I moved into the home and lived there from 1 to 4 years. The mistake I made was never canceling and... Read more »

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Aug 10, 2019

Unfortunately, ignorance is not an excuse to the law. You were rightfully tagged for your mistake. I have been through this before with clients and, indeed the ignorance argument is always used and always loses. You have no choice but to pay up and file homestead (hopefully with portability) on... Read more »

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2 Answers | Asked in Tax Law for Florida on
Q: I am 76 years old. Do I have to report income if I start renting a room in my house in Lee co, Fl thru AirBnB?

I have not filed income tax for about 4 years as advised by VITA/TCE tax prep site in Lee Co, FL.

D. Mathew Blackburn
D. Mathew Blackburn answered on Aug 6, 2019

If it's passive you'd have to check the minimum filing requirements for income. If it's active then you would have to file since it's subject to Self-employed tax.

It's likely a passive activity. You should keep records of income and expenses. After the year ends you'll need to run the...
Read more »

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3 Answers | Asked in Estate Planning and Tax Law for Florida on
Q: My mom and brother are my beneficiaries. If I die first, money goes to Mom. If she dies, will my step-father inherit?

I want to make sure that my step-father, who is legally married to my Mom inherits nothing.

Andrew M Steiger
Andrew M Steiger answered on Jul 18, 2019

This is definitely a tricky planning area. The starting point for this type of question typically is whether the money would pass through a will, trust, IRA, joint bank account, etc. A trust may be best to handle this situation depending on the state law where you are domiciled at death. You... Read more »

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1 Answer | Asked in Real Estate Law, Tax Law and Probate for Florida on
Q: Florida law on deeds after death

My mother had he boyfriend find a place to live before she moved from ny. He found a owner that would do a loan for his own property now my mother paid for everything down payment, taxs,insurance then her boyfriend passed away and she noticed everything was in his name only. It's been almost two... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Jun 28, 2019

Unfortunately there is no easy or inexpensive way to solve this problem. The easiest way to do this is to open a probate with the assistance of his children, since without a will and not be married to your mother the property passes to the children, who can then transfer their interest to your... Read more »

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