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Florida Tax Law Questions & Answers
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 »

1 Answer | Asked in Tax Law, Business Formation, Business Law and International Law for Florida on
Q: How to set up a touring company in another country?

Hi, I am trying to start a touring company in Jamaica with my brother. He will be responsible for hiring and securing proper licensing and management of drivers in Jamaica, (already hired one) and I will be in Florida, running the business, banking and marketing end. What would be the best way to... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 17, 2019

Free practical advice offered for the last 41 years to people starting or operating small businesses:

The main difference between successful small businesses and those that fail within a relatively short period of time is good legal advice. The owners of most successful small businesses...
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1 Answer | Asked in Estate Planning, Tax Law and Banking for Florida on
Q: Who is liable?A financial investment company(UBS) did a payout instead of the rollover my financial adviser requested

Now 3 years later the IRS is demanding taxes on the "payout". The money was actually rolled over into a different account but unfortunately UBS did not do what we requested and it was sent as a payout (we paid taxes on it) and coded as a payout instead of a rollover. We have re-sent the original... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 17, 2019

It is very difficult to analyze your situation and give you guidance without seeing all the underlying documents--including every statement from UBS received by you--both BEFORE the "mistake" and ever since--plus every other document with facts and numbers related to this SNAFU. Moreover, no... Read more »

1 Answer | Asked in Estate Planning and Tax Law for Florida on
Q: Can someone tell me if the deed that I have is a ladybird deed ?

I can email the deed on a private message

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Jun 15, 2019

A real estate attorney or an estate planning attorney who prepared these types of deeds would have to review your deed to answer this question for you. There is specific language which must be included for it to be a "ladybird deed" or "enhanced life estate deed."

You are welcome to call...
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1 Answer | Asked in Animal / Dog Law, Employment Law, Tax Law and Agricultural Law for Florida on
Q: I worked/boarded dogs in a kennel; can they hold my dogs until bill is paid when they haven't paid valid wages?

I boarded dogs at a kennel. After 5 months of payments the owner offered me a part-time job. It progressed from a 3-4 hour morning/evening to 24 hours (10 hrs in the kennel & 14 hrs in their home taking care of their 8 pets) over 3, 5, 7, or 10 day periods. On lunch, I was required to answer phones... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 10, 2019

None of these historical facts matter because your former employer still has your dogs. After you have recovered your dogs you can think about suing these people for overtime wages and other things.

2 Answers | Asked in Tax Law for Florida on
Q: Ex wife settled a student loan that I cosigned on. IRS chasing me for unpaid tax on 1099. Do I have any remedy with IRS?

Apparently for a debt write off over $10,000, the lender reports SS# of both the borrower and cosigner. The IRS is trying to modify my 2016 tax return to include the 1099 income from the debt write off. I had no part in the settlement, and we weren't married at the time the loan was settled. The... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 3, 2019

The IRS will continue trying to collect on both of you until the taxes are paid. The only way for you to avoid paying the tax on the loan amount discharged is for your ex wife to pay it herself.

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1 Answer | Asked in Tax Law for Florida on
Q: Can I be held financially responsible if I am 0% owner on a property?

My grandmother bought a house last year and I signed as 0% on the deed. House is paid for. I just found out that she did not pay the property taxes this year. She is currently being accessed to see if she needs to be placed in assisted living due to her health. Can I be held responsible for... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 20, 2019

What document did you sign "as 0%"? A grantee (person acquiring the property) doesn't usually sign a deed, and owning 0% doesn't make any sense (It's like saying that you own no interest in the property; so why name you at all?). In any event, if taxes are not paid, the local government's option... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Florida on
Q: Does a realtor have a legal obligation to inform his client the homebuyer about homestead filling

Our mortgage payment went up by 37.5 $600 more this month a year and three months after we closed. Our mortgage was also and neither lender informed us. What recourse do have if any?

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

Generally, Realtors are not required to inform buyers that they may have some gift or benefit coming in the future; they are only required to tell buyers about negative aspects of the house or property, like the roof leaks or the property is in a flood zone, or where sink holes open up frequently.... Read more »

1 Answer | Asked in Foreclosure, Real Estate Law, Tax Law and Probate for Florida on
Q: I WAS DEFRAUDED IN RENTING A PROPERTY . THE PROPERTY WAS FOUND NOW TO BE IN FORECLOSURE . WHAT CAN I DO . NO MORE MONEY

TO PROVIDE FOR ANOTHER RENTAL . I WANT TO PAY THE TAXES AT A LATER DATE FOR THE PROPERTY NOW THAT I KNOW IT'S IN FORECLOSURE, BUT CAN THAT BE MADE LEGAL . I HAVE A FAMILY AND I NEED TO TURN A BAD SITUATION INTO A GOOD ONE . I BEEN IN THE HOUSE FOR 2 MONTHS . PAID THE GUY 5,000 TO MOVE IN . I WAS... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 4, 2019

I assume it's a tax foreclosure rather than a mortgage foreclosure. In any event, it depends upon the terms of your lease if you have one. If you still have, pursuant to the terms of the lease (or at-will tenancy), the right to occupy the premises when the foreclosure is complete and the landlord... Read more »

2 Answers | Asked in Tax Law for Florida on
Q: Am I always entitled to an extension to pay my taxes no matter the amount (say I owe only $500 for example.) If my debt

Is small such as I mentioned will the IRS always work with me (extra time to pay or a payment plan?) or does this depend on how they view my financial situation? Also if I just don’t file on April 15 and don’t pay since I am a “small fish” I owed nothing last year and don’t expect to owe... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Apr 4, 2019

You are always entitles to an extension regardless of the amount you owe. However interest and failure to pay penalties begin on April 26th.

Also, if you fail to report om your 4868 that you owe the IRS can retract the extension.

When you would get a letter for failure to file...
Read more »

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