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Florida Tax Law Questions & Answers
1 Answer | Asked in Divorce and Tax Law for Florida on
Q: Middle of a divorce...can my husband steal our entire tax refund after promising in written email half our refund?

My soon to be ex husband begged to file tax return jointly in January as soon as he got his tax documents. I expressed I didnt trust him, and that he would steal money from me. He told me I was crazy psycho for thinking that. He sent a written email stating he would write a check for 50% of our tax... Read more »

Jean Richardson
Jean Richardson answered on Feb 18, 2020

No, it doesn't sound right. You filed a joint return, you are entitled to a portion of the refund. The joint return is marital property. You should consult with an attorney since he has one. Your attorney can see to it that you are treated fairly and equitably. Good luck!

1 Answer | Asked in Tax Law for Florida on
Q: I had a business tax warrant with NYS T &F 15 years ago They just tried to levy my account in Florida. Help
D. Mathew Blackburn
D. Mathew Blackburn answered on Feb 2, 2020

You should hire someone to setup a payment plan.

1 Answer | Asked in Real Estate Law and Tax Law for Florida on
Q: Sister sold deceased father's home in Florida. Do I owe tax on this? Some tax sites say no according to my income...

I live in Florida. My dad passed away, last year my sister sold his home (also in FL). My proceeds of the house sale was approx $15,500. My annual gross income was $28,000. I haven't received a 1099-S in the mail. Do I owe taxes on this? Could not find out how to file it on TurboTax. Numerous... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 30, 2020

You have to determine the gain on the sale, not just your proceeds. Then you'll want to report it either way. If your income is below the standard deduction, or if the holding period was greater than one year your long term capital gain bracket may be zero. TurboTax is not going to be able to... Read more »

2 Answers | Asked in Tax Law for Florida on
Q: Is this taxable?

If I sell a gift bag full of food (chips, wine, nuts, cookies) because food is tax exempt, do I have to collect tax on it? (State of florida)

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 29, 2020

For sales tax: When you sell the package for one price if the taxable items are less than 25% of the total value then sales tax is not required to be collected.

If the non-exempt items represent more than 25% of the value then you collect sales tax on the full price.

If you itemize...
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1 Answer | Asked in Tax Law for Florida on
Q: Does having a student loan affect whether I file taxes while on SS?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 16, 2020

This question makes no sense. Just let me say this: everyone in America is supposed to file a federal tax return if they have income over $600. This includes people on Social Security. Having a student loan is irrelevant.

2 Answers | Asked in Social Security and Tax Law for Florida on
Q: I am 67 years old living on Social Security. I was not filing Income taxes. I have an outstanding student loan.
Andrew M Steiger
Andrew M Steiger answered on Jan 16, 2020

What is your question? If it is whether you have a filing obligation, that depends on how much Social security you are receiving.

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1 Answer | Asked in Tax Law for Florida on
Q: I just became an independent contractor. I read somewhere I only file state taxes if my income is minimum $400?

What about sales tax reporting? When and how do I do that? Read about reporting something quarterly. Is that if I make more than $400 yearly. I'm purchasing baby equipment to rent to traveling families. I use the company BabyQuip as platform and use their insurance. They only give a 1099 form to... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 15, 2020

The empty feeling you are experiencing is caused by fear of making big mistakes that will adversely affect your new business.

Why not contract with an experienced Florida lawyer to be general counsel to your small business NOW-before the state taxing authorities come calling?...
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1 Answer | Asked in Tax Law for Florida on
Q: Apart from the initial investment in Sunset LLC, does Danube Inc report any of of Sunset's balance sheet items?

Florida: Sunset LLC has one member; a corporation Danube Inc. Danube Inc. has 2 members: a husband and wife. There is an operating agreement between Sunset LLC and Danube Inc.

All taxable income are earned by Sunset LLC only. All fixed assets are owned by Sunset LLC. All expenses... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 14, 2020

Hire a professional.

1 Answer | Asked in Tax Law for Florida on
Q: An LLC has a single member which is a Corporation. What federal taxes am I filing? 1065 for LLC and 1120 for Corporati

State is Florida. The Corporation has 2 members...husband and wife

I think the LLC would be a pass through entity....so do I still have to do a federal tax filing for the LLC?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 10, 2020

You forgot to mention the most important fact: which entity is earning taxable income? (Note: Once that fact is known other important questions arise. That is why you desperately need professional advice and assistance.)

1 Answer | Asked in Immigration Law and Tax Law for Florida on
Q: switching from S-Corp to LLC under E2 visa

Hello, I have an E2 visa and live in FL. My business is an S-Corp and I wish to close or transition it into an LLC, as the taxation featured of LLC suite my needs more than S-corp. Am I legally allowed to make this move without compromising my visa status? I own 100% of the business and just want... Read more »

Svetlana Kats
Svetlana Kats answered on Dec 27, 2019

Hi there! Changing your company's tax status from s corp to LLC will not affect your immigration status. Just make sure that your ownership in the company does not change.

1 Answer | Asked in Tax Law for Florida on
Q: 1. We are 80+ age receiving SS. If we start new income over $100,000/yr will that reduce our SS? 2. Coins taxable?

Are coins (Gld & Sil) subject to capital gains?

D. Mathew Blackburn
D. Mathew Blackburn answered on Dec 25, 2019

It won't reduce the SS but it will make more of it taxable.

Coins and other collectibles are taxed at 28%.

1 Answer | Asked in Tax Law for Florida on
Q: If you lie on the WOTC about being unemployed, does that count as tax fraud?
D. Mathew Blackburn
D. Mathew Blackburn answered on Dec 6, 2019

Yes

1 Answer | Asked in Tax Law for Florida on
Q: Is a sole proprietor in FL required to pay use tax on imported goods intended for resale or as raw materials?

I am a sole priprietor in FL. I import sharpening stones and supplies from China. I do some processing (grinding and polishing) and sell them as sharpening sets on Amazon via their FBA (fulfillment by Amazon) membership program. I pay customes duties on all import. Am I required to pay use tax on... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 5, 2019

This is a very important tax question best answered by your CPA--rather than asking lawyers/strangers here on Justia.

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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