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Georgia Tax Law Questions & Answers
1 Answer | Asked in Tax Law for Georgia on
Q: How do I get a court order for an interpleader for excess tax funds so the funds can be released

only a court order from an interpleader action filed in the county where the tax sale occurred, by the claimant for the funds, shall serve as justification for release of the funds.

D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 1, 2019

You need to file an interpleader action in the county and prosecute the case.

Sounds like it's time to hire a professional.

1 Answer | Asked in Tax Law for Georgia on
Q: IRS Offer in Compromise which individual tax periods do I select?

Hi, I recently submitted an IRS Offer in Compromise and it was accepted. I plan to make my payment using EFTPS payment system and it is asking for the individual tax periods. I am unsure which tax period to select because the tax periods I owe for the Offer in Compromise are 2011,2012,2014,2015 and... Read more »

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

2016.

You don't have to designate a period for payments but if you default on the OIC the IRS has to apply the payment to the period designated. So if you complete the OIC it doesn't matter, but if you don't you've paid down the most recent tax debt which the IRS has the most time to...
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1 Answer | Asked in Tax Law for Georgia on
Q: Strategically paying the IRS before filing previous years returns in order to qualify for a long-term payment plan.

I owe the IRS for previous years around $65K and have not yet filed for those years. I would love to set up a payment plan, but according to their website, in order to qualify for a long-term payment plan "you must owe $50,000 or less in combined tax, penalties and interest, and filed all required... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 3, 2019

You are not eligible for any resolution plan until you are in compliance. So until you file those prior year returns your application for an installment agreement will be rejected.

Making a lump sum payment will reduce your IA amount and reduces interest on your account.

1 Answer | Asked in Tax Law for Georgia on
Q: I am new to Georgia. Am I required to relinquish my previous state residency?

I am a federal employee, not military. I have twins who are attending the University of Washington and I would need to retain my Washington State residency for in state tuition purposes. I relocated to Georgia for a job, otherwise I would no longer be employed by the government. I do not intend to... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 26, 2019

If you don't intend to make Georgia your permanent residence then you're not a resident.

You will still be taxed by GA on your state source income; so you'll need to file a non-resident return.

Don't change your driver's license, don't register to vote, don't do anything that ties...
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2 Answers | Asked in Tax Law for Georgia on
Q: Do these lawyers answer question regarding federal taxes ?
D. Mathew Blackburn
D. Mathew Blackburn answered on Jul 11, 2019

Sometimes.

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2 Answers | Asked in Military Law, Real Estate Law and Tax Law for Georgia on
Q: Military member selling house in GA but not a resident. Is there a way not to pay the 3% withholding tax 48-7-128.

We moved years ago due to military deployment and stationed to another Post. We do not pay GA state tax due to Texas resident.

Andrew M Steiger
Andrew M Steiger answered on Jun 20, 2019

That’s a good question. It sounds like the tax is an unconstitutional burden on interstate commerce because it unfairly discriminates against out of state taxpayers. It would seem fair if every owner of real GA property paid the tax because that’s where the property is. But to soak out of... Read more »

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1 Answer | Asked in Tax Law for Georgia on
Q: I have all my documentation from Express Mail that it was postmarked on 10/15/2018. I’m getting the run around.

Advocate, IRS nor Appeals will help me. My return was accepted. They keep telling me it was beyond 3 years and it wasn’t. I have my transcript where they accepted my extension.

Andrew M Steiger
Andrew M Steiger answered on Jun 13, 2019

Without a full transcript review, it’s hard to say. The last attorney mentioned three years plus extensions. Try referencing the Internal Revenue Manual (IRM) section 25.6.1.5 that mentions 3 yrs plus extension for SOL for refunds. The IRS agents should follow their own guidelines. This might... Read more »

2 Answers | Asked in Tax Law for Georgia on
Q: I filed an tax extension for my 2014 taxes on April 15, 2015 and was approved.

Until what date did I have to file my 2014 tax return in order to receive my refund?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 12, 2019

October 15, 2015. Your are way late.

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2 Answers | Asked in Tax Law for Georgia on
Q: My father started a sole proprietorship, can I manage his income and expenses in a bank account that is in my name?

Will that effect my taxes at the end of the year?

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

There is no way anyone can tell you what the IRS might or might not do; but I will advise you not to comingle your own personal funds with your dad's business funds--unless you like tax problems.

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1 Answer | Asked in Tax Law for Georgia on
Q: Is an allowance made to allow traveling in excess of speed limit (SL) to safely pass another driver going below the SL?

Posted SL 55, Truck ahead 50-54 mph for 10 miles. Good spot to pass but not if you dawdle. Many states allow 5-10 MPH over SL to avoid forcing a driver to go for multiple miles in left lane to pass. No one forces you to pass if allowed it should be done in the safest manner possible.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 7, 2019

You are asking a question that is impossible to answer--other to say that most state laws do not post speed limits in ranges-- like 55 to 65 or 65-75, etc.

1 Answer | Asked in Tax Law for Georgia on
Q: Is it true in South Carolina if you pay the property taxes on an estate for 7 years that the property becomes yours?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 24, 2019

Unless South Carolina is still operating in the dark ages the answer is no.

In most modern states payment of property taxes entitles the person paying the taxes to apply for a "tax deed" which becomes a lien on the property. The property cannot be sold unless someone satisfies the tax...
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1 Answer | Asked in Consumer Law, Employment Law, Tax Law and Business Law for Georgia on
Q: Registration fees are given to IC. Event changes location & time, IC resigns, does money go to new IC or registers.

Am an IC for a large company. One of my jobs is to collect registration fees. The place where the event is meeting and the date has changed due to some legal issues. I am terminated my contract with the company. The people who have paid the registration fees want their money back, and I would like... Read more »

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

This is simple: If the checks were payable to you personally you can do (just about) whatever you want with them; and my advice on that point is to return the checks to whoever gave them to you, and document it very well.

1 Answer | Asked in Tax Law for Georgia on
Q: Re GA Code 48-5-7.4 Bona Fide Conservation Use Property . We were denied but property was previously under covenant.

We purchased 13.5 acre tract and previous owner had it under Conservation Use but it lapsed @2 years ago. We have a registered plant license, built a commercial size greenhouse and have filed taxes for our plant business-yet our application was denied as primary use was deemed “residential “.... Read more »

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

I am not licensed in Georgia, but the rules are similar in Florida. The zoning designation of conservation is the least taxed category; accordingly, all land zoned in that category is also the most closely watched by taxing authorities.

In communities that are growing the conservation...
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1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Georgia on
Q: I purchased a property that wasn’t on a condem list now they won’t to condemn it do I have the right to repair
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 30, 2019

If you want to keep the property you had better contact the condemning authority and find out what you will have to do to bring the property back up to code, or whatever.

2 Answers | Asked in Tax Law and Bankruptcy for Georgia on
Q: can i file land taxes
Timothy Denison
Timothy Denison answered on Apr 27, 2019

You can, but they follow the property and likely will not be discharged if you still own the property.

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2 Answers | Asked in Tax Law for Georgia on
Q: Does the cost basis step-up for mutual funds in a revocable living trust upon the death of trustees?

I am the successor trustee for my parents' revocable living trust. Both parents are now deceased as of last week. In speaking to one mutual fund I was told because the trust has always had its own EIN this may preclude the basis step up when the funds are divided as per the trust instructions.... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Apr 22, 2019

The trust is either revocable or irrevocable on its terms not based on the use of an EIN.

IRS customer service reps are complete morons.

Hire an attorney.

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1 Answer | Asked in Tax Law for Georgia on
Q: What tax base is used after selling Gift Deeded property, with donor holding 1% until his death?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 4, 2019

Consult with a tax lawyer in your local area.

1 Answer | Asked in Estate Planning, Intellectual Property and Tax Law for Georgia on
Q: My brother and I did a quick claim deed with my two daughters on property we inherited from our parents for taxes

With the understanding that we would never the put out evicted or any thing of that matter and we were to live there until our deaths upon signing the papers I the mother his soul financier of this property and its taxes who was evicted within two months and now my brother is being threatened with... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 1, 2019

Your unfortunate situation was caused by your erroneous belief that non-lawyers can do very important things that involve their property rights without benefit of counsel. So now, rather than hire a real estate lawyer to help you avoid the errors before you made them, you will have to hire a civil... Read more »

1 Answer | Asked in Tax Law for Georgia on
Q: What is GA law on overpayment of property Tax. How many years must they give credit for by Ga law?

My mother recently passed away in January 2019. I am executor of her estate& beneficiary. She & my dad(deceased2013) paid property tax on 5.08 acres. Du to title search performed when she passed there is only 4.26 acres. Last deed was dated 1979. Can I make them credit me back to when they were... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 1, 2019

If the person who told you that the time limit is 3 years is an official of the taxing authority imposing the tax--as opposed to some well-meaning friend--then you should believe the official. In Florida, the county taxing authorities must give written notice of any change in the current assessment... Read more »

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