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Florida Tax Law Questions & Answers
1 Answer | Asked in Tax Law, Business Formation and Business Law for Florida on
Q: When a non-profit organization dissolves, does the IRS-required asset-distribution clause apply to fixed assets, home?

The previous question I asked was intended to apply to Florida not California. The scenario would apply to partial funds from 501(c)3 donors used to purchase a home in Baja California which is Mexico over 25 years ago while the majority was used to purchase from "own" private funds.... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 16, 2023

Yes, when a non-profit corporation is dissolved, the assets covered by the asset-distribution clause applies to real property such as that in Mexico. It's essentially a matter of federal law, so it doesn't much matter whether the non-profit was incorporated in Florida, California, or elsewhere.

1 Answer | Asked in Real Estate Law and Tax Law for Florida on
Q: Keep Florida residency while working in another country for (Canada) 2-3 years?

I'm considering working in Canada for 2-3 years. I would still keep my home in Florida (not rented) including my driver's license, car insurance, bank accounts, brokerage accounts, etc.... all linked to my Florida address. Would I still be legally able to keep Florida as my State of... View More

Jane Kim
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answered on Jul 31, 2023

Why are you asking? For what purpose do you need a FL residence? As a US citizen you must file income tax returns regardless of where you live abroad and for how long. For that reason alone, it is good to maintain a state-side address. You cannot maintain homestead exemption on your FL home because... View More

1 Answer | Asked in Divorce, Family Law and Tax Law for Florida on
Q: During any legal proceeding, does an attorney have a legal obligation to report tax fraud if they identify it as such?
T. Augustus Claus
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answered on Jul 10, 2023

Attorneys are generally not obligated to report tax fraud if they identify it during a legal proceeding. Attorney-client privilege typically protects the confidentiality of information shared between an attorney and their client. However, there may be exceptions to this privilege in cases where the... View More

1 Answer | Asked in Tax Law, Civil Litigation, Civil Rights and Libel & Slander for Florida on
Q: My younger sister has been persistently harassing me for years. She is now threatening to go to tax authorities

Including the IRS. As I pay enormous taxes and she knows this, she is just trying to cause stress and problems. She also interweaves the fact that I’m a Gay man and makes many horrible inferences… there’s a hundred vile messages from her. What can I do. She’s very wealthy and run a large rock show!

Charles M.  Baron
Charles M. Baron
answered on Jul 9, 2023

Your first step is to send her a written demand to cease and desist from all such harassing conduct, describing with some specificity the types of actions that must stop immediately, and stating that otherwise, you will be forced to take legal action. (You can also demand that she cease... View More

2 Answers | Asked in Real Estate Law and Tax Law for Florida on
Q: I am considering selling my free-standing garage that I do not use to a neighbor in my condo group.

Should I hire a real estate attorney or a realtor to handle the sale? Also, would the proceeds be considered taxable income by the IRS?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 30, 2023

If you hire an attorney as has been suggested, one of the things the attorney should look into is whether the garage can be sold separately from the residential unit (which presumably you intend to keep).

The long-term capital gain you realize (difference between what you paid for the...
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2 Answers | Asked in Real Estate Law, Tax Law and Probate for Florida on
Q: Why does my home all of a sudden have to go through probate ? I've been paying Taxes, how can the house not be mine.

My step dad who was married to my mother sold me his house for $100. almost 10 years ago not long before he died. We had the sale Notarized and went to the court house and moved the Deed into my name. Here we are all this time later with me believing I own the home paying Taxes every year as the... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Jun 29, 2023

Florida is very protective of Homestead Rights, especially the rights of a surviving spouse, so generally, without a spouse joining or agreeing, a Homestead cannot be conveyed without agreement/signature/approval of the spouse, since this did not happen, it is likely you will need to revisit a... View More

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1 Answer | Asked in Tax Law for Florida on
Q: Can I get a substantial underpayment penalty abated based on incorrect advice given to me by my accountant?

My 2020 return was audited, and the IRS sent me a 30-day letter proposing a substantial underpayment penalty based on disallowed business deductions that my accountant told me I was entitled to.

A. Brian Phillips
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answered on Apr 10, 2023

Your will need to protest the 30 day letter's proposed adjustments. Generally, a taxpayer who can show "reasonable cause" has a good chance of securing a penalty abatement. Fully informed advice from a competent advisor is a soldi ground for seeking such an abatement. Remember,... View More

1 Answer | Asked in Tax Law for Florida on
Q: Can I get a substantial underpayment penalty abated based on incorrect advice given to me by my accountant?

My 2020 return was audited, and the IRS sent me a 30-day letter proposing a substantial underpayment penalty based on disallowed business deductions that my accountant told me I was entitled to.

A. Brian Phillips
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answered on Apr 11, 2023

You will need to protest the 30-day letter's proposed adjustments. Generally, a taxpayer who can show "reasonable cause" has a good chance of securing penalty relief. Fully informed advice from a competent tax advisor is a solid ground for showing reasonable cause and obtaining such... View More

1 Answer | Asked in Real Estate Law and Tax Law for Florida on
Q: I have an LLC owned by my trust. Does it make sense, tax purposes wise, to rent my home to my company?
Phillip William Gunthert
Phillip William Gunthert
answered on Apr 11, 2023

Having an LLC in a Trust is a bad idea for starters, now all the assets in Trust are also exposed to any liability that arises related to the LLC. Also, renting your home to Your LLC is also a terrible idea, now your home and LLC and entire trust are exposed to potential liability and you may have... View More

1 Answer | Asked in Family Law, Real Estate Law and Tax Law for Florida on
Q: Are taxes owed on a house after a quit claim deed is filed if there is no transfer of assets?

I am filing a quit claim deed so that I can relinquish my rights to my home with my future ex wife. Will there be taxes involved?

James Clifton
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James Clifton
answered on Mar 29, 2023

No transfer tax is due on a deed between spouses or former spouses pursuant to a dissolution of marriage when the real property is transferred following the divorce and the property was their marital home or an interest therein at the time of divorce. If you are referring to Federal income tax... View More

1 Answer | Asked in Tax Law for Florida on
Q: Am I liable for a penalty based on disallowed business expenses my accountant told me I was entitled to?

My 2020 return was audited, and the IRS sent me a 30-day letter proposing a substantial underpayment penalty based on disallowed business deductions that my accountant told me I was entitled to. Am I liable for this penalty?

Matthew J. Sherman
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answered on Mar 23, 2023

More facts would be needed to fully answer the question, such as whether the accountant exercised any judgment or performed any analysis regarding the business deductions. Usually, taxpayers are eligible for relief when they rely on actual advice from a tax advisor, i.e. professional judgment or... View More

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant, Real Estate Law and Tax Law for Florida on
Q: Is an HOA liable for known misrepresentations made by a home developer, on HOA controlled property?

If the HOA knew of the misrepresentations, intentional fraud, right? If they didn't know, negligence fraud, right? And any related parties aware and benefiting from said misrepresentations are conspirators, no?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 4, 2023

Generally, no, but that answer could change depending on the misrepresentations. If any of the misrepresentations conflict with the language in the HOA documents, which are public record, the HOA would not be liable because owners are deemed to have read the HOA documents whether they actually... View More

2 Answers | Asked in Real Estate Law and Tax Law for Florida on
Q: If I go to Supreme Court is there any way of getting an alidio title to property in fl. Or is there a way to lower -

Your property taxes for residential holme thats paid for in fl.

James L. Arrasmith
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answered on Mar 4, 2023

The Florida Supreme Court is the highest court in the state and primarily handles appeals of cases from lower courts. The Court's jurisdiction does not typically extend to issues related to property titles or tax assessments, which are generally handled at the local level.

If you are...
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1 Answer | Asked in Tax Law and Constitutional Law for Florida on
Q: I am an Indian and have proof that goes to the 1600s why am I taxed.

The US Constitution said that we are not taxed. In Article 1 Section 2 Clause 3. We get taxed daily. Why and how do we make it stop?

James L. Arrasmith
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answered on Feb 26, 2023

It's important to clarify that the US Constitution does not say that individuals are not taxed. In fact, the US Constitution authorizes the federal government to collect taxes in order to carry out its responsibilities and functions.

Article 1, Section 2, Clause 3 of the US...
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1 Answer | Asked in Criminal Law, Immigration Law and Tax Law for Florida on
Q: The 1924 Indian Citizenship Act was fraud because the Indians could not vote in 1925?

In 1924 nothing actually changed after the Indian Citizenship Act. The Indians were still treated as foreigners. They are called Black not which makes them look like Africans.

James L. Arrasmith
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answered on Feb 26, 2023

The 1924 Indian Citizenship Act was an important milestone in the history of the United States, as it granted citizenship to all Native Americans born in the United States, regardless of their tribal affiliation. The act was intended to rectify the legal and political status of Native Americans,... View More

1 Answer | Asked in Tax Law and Business Law for Florida on
Q: Is it safe to give Stripe your Social security Number? Do I have to Pay taxes if I make no revenue?

Is it safe to give Stripe your Social security Number? In order for me to create an account with Stripe, I need to give it the last four digits of my ssn.

Back story I'm a minor wanting to start a business in Florida where you pick up dog poop from peoples' yards. I created a... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 20, 2023

Florida doesn't have income taxes. The U.S. government does. I suggest you go to irs.gov, download a form 1040, and the instructions for that form. After reviewing those documents, you should have a better idea of how income tax works.

And no, if you make no money at all, you...
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1 Answer | Asked in Tax Law, Business Formation and Business Law for Florida on
Q: Hi, if it takes up 8 weeks for my LLC to be processed by the state of florida do I have to wait until then to operate?
Keith Kanouse
Keith Kanouse
answered on Jan 5, 2023

My experience with filing Articles of Organization via e-fax is it becoming effective the next business day. I have never had to wait 8 weeks. When you file the Articles of Organization specify an effective date 5 business days before the filing date. See Section 605.0702 of the Florida Statutes.

1 Answer | Asked in Real Estate Law and Tax Law for Florida on
Q: Is it illegal for the Lawyer that closed on my house to just keep the past due tax money and did not pay the taxes.

This lawyer collected over 7 hundred dollars of tax money from both myself and the seller at the closing 15 July 2022 and as of 28 Nov. 2022 he still has not given the tax money to the Pinellas County government. Both my realtor and myself have tried for the past month to get him to pay the 2021... View More

James Clifton
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James Clifton
answered on Nov 30, 2022

If you believe the lawyer is mishandling funds entrusted to him, contact the Florida Bar Association. It is helpful to have written documentation of your requests to the attorney to turn over the funds as well as any responses from the attorney.

1 Answer | Asked in Immigration Law and Tax Law for Florida on
Q: I was unemployed for the year 2021. How do I file a late tax return for 2021? How does this correlate with i864?
Kevin L Dixler
Kevin L Dixler
answered on Nov 20, 2022

If you lacked earnings, then the USCIS may take an average of the annual income. However, if the petitioner remains unemployed during 2022, then the Service has been known to require a joint sponsor in some situations.

If this matter is an issue, then you ought to consider hiring an...
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2 Answers | Asked in Contracts, Tax Law, Business Law and Intellectual Property for Florida on
Q: We created a computer program that buys and sells Forex. We'd like to make sure we're legally following procedures.

We would like to take on clients to split the funds that the program makes from the buys/sells, but we want to be sure we do it the right way, legally and for tax reasons. We are researching resources to make sure we do this properly.

Jane Kim
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answered on Oct 31, 2022

You might be considered a financial institution for purposes of US regulations. Since this app would have an online presence and an international reach, you'd need to ask this question in every jurisdiction where you process payments. it is likely you'll need more than one type of lawyer... View More

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