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Georgia Tax Law Questions & Answers
1 Answer | Asked in Tax Law for Georgia on
Q: My husband always take our tax return and don't give me any is there a way that I can get my part sent to me separately?

My husband is very controlling especially when it comes to money and he never share the income tax return

Eric Steven Day
Eric Steven Day answered on Jul 28, 2020

Typically, the best way to separate the refunds attributed to your income from his income is to file a Married Filing Separate tax return. However, this usually affects the amount of refund you get overall because you miss out on some credits and deductions that you would otherwise qualify for... Read more »

1 Answer | Asked in Business Law, Real Estate Law, Tax Law and Landlord - Tenant for Georgia on
Q: Can I transfer a primary residence to my LLC and rent my house from myself, to pay R&M and Capital expenses through LLC?

I own a home in Alpharetta, GA, I believe transferring ownership from myself to an LLC I own would allow the LLC to expense mortgage payments and Repairs & Maintenance costs as a cost of maintaining the property for tenants. I also believe the LLC could capitalize costs related to capital... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on May 18, 2020

Yes you technically can, but it doesn't work. You end up netting if it works out well and you have to defend it in an audit. It always ends up being net taxable when the IRS recalculates the FMV of the rental.

Once you run all the numbers it's comes out that you create tax out of...
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1 Answer | Asked in Tax Law and Immigration Law for Georgia on
Q: Should I make an amend on tax returns if my husband is just currently waiting on an interview at Mexico consulate?

I have been made aware that I should have filed my tax returns as married separately instead of single and it could affect my husband’s immigration process. He is living in Mexico and has never been to the U.S. How should I go about making an amend and what info do I need to provide on the form... Read more »

Zaher Fallahi
Zaher Fallahi answered on Apr 27, 2020

You are advised to ensure you status is accurate. If subsequent to the fling you were made aware of an error, you should amend the return as soon as possible with explanation of an “inadvertent mistake”. I hope this helps. Good luck. Zaher Fallahi, Esq, CPA (CA &D.C.).

Disclaimer:...
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2 Answers | Asked in Immigration Law and Tax Law for Georgia on
Q: Will tax returns that I filed as single but am married since 2017 affect my husbands green card process?

I am a U.S citizen who is trying to get my husband a green card, We got married in 2017 and I have always filed my taxes single since then because I was told by the accountant that I didn’t need to do anything different since my husband did not live with me. Is this going to affect my husbands... Read more »

Adan Vega
Adan Vega answered on Apr 27, 2020

If you are married, you should be filing your federal tax returns as “married” and not as “single”. USCIS or the U.S. consulate can take the position that you are not in fact married based on your filed federal tax returns. Keep in mind that you will have to present your last tax return... Read more »

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1 Answer | Asked in Tax Law for Georgia on
Q: Went through a third party to file his taxes. When we checked it said that his check had been deposited bank not showing

My husband went through loan company to do both our taxes. When we last checked on irs.gov Get my payment it states for me Payment status not available, my husband saying it has been deposit April 15 but the bank shows no deposit as been made. We called the loan company and said that the checks was... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 22, 2020

Try going out to this new website to find answers to your questions.

Get My Payment | Internal Revenue Service

https://www.irs.gov/Coronavirus/Get-my-payment

7 days ago · Visit our Get My Payment Frequently Asked Questions page to answer your questions about using the...
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1 Answer | Asked in Tax Law for Georgia on
Q: A GA qualified disability earns all of its capital gains, dividends, and interest is earned in TX. Any tax due to GA?

Invest firm is based in Houston, TX. Trustee lives in Texas. Beneficiary lives in Georgia.

D. Mathew Blackburn
D. Mathew Blackburn answered on Apr 6, 2020

It depends on the income tax nexus created by the GA beneficiary under GA tax law.

The beneficiary likely has GA income if the disability is taxable.

I'd suggest retaining a tax attorney or CPA to review the situation and file accordingly.

1 Answer | Asked in Tax Law for Georgia on
Q: my husband owes back child support. If we file taxes jointly,will irs take our stimulus check? Or just his part?

Will the irs take all of our stimulus check for back time child support if we file jointly?

Homer P Jordan IV
Homer P Jordan IV answered on Apr 3, 2020

It has been in the news that if someone owes back child support they will not be able to receive the stimulus payment. I’m not sure how that is going to play out at that time. Filing jointly won’t likely impact it either way. Plus, the new tax date has been pushed back to July. -Homer P. Jordan... Read more »

4 Answers | Asked in Divorce, Federal Crimes and Tax Law for Georgia on
Q: Will i be in contempt of court if i claim my child on taxes even though irs says i get to

Irs rules and regulations states i get to claim him every year because i am custodial parent and he lives with me and irs states decree after 2009 cant be used my papers say dad claim every othet year but nothing about 8332 form irs requires him to have one signed by me i have not done so

David Ostrove
David Ostrove answered on Feb 24, 2020

If you provide over half of the child support and you have written proof of same, and you are the parent then you may claim on your income tax return, but, if you are audited you have to prove it. Save all checks, written receipts, and all other written evidence.;attach a statement to your return... Read more »

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1 Answer | Asked in Admiralty / Maritime and Tax Law for Georgia on
Q: If I live in GA but work on a cruise ship overseas 8 months of the year, can I claim part-year resident?
Tim Akpinar
Tim Akpinar answered on Feb 17, 2020

One option might be to look into the Q & A resources or online help resources of the IRS or Georgia Dept. of Revenue - they might be able to provide direction. Good luck

Tim Akpinar

1 Answer | Asked in Immigration Law and Tax Law for Georgia on
Q: I applied for citizenship based on 3 years. I received rfe for tax transcripts for me and my partner.

Unfortunately my partner has not been filing his tax, we file married but separate. My partner cannot even find his 2018/2017 w-2s for us to file now and make payment. He only just got his 2019 w-2, so that is all I have. But he has also giving me a hard time to locate his w-2s for the rfe. I have... Read more »

Adan Vega
Adan Vega answered on Feb 12, 2020

You will need to respond to the RFE and show that you have complied with your obligation of filing a federal tax return during the time that you have been a U.S. resident. If you were employed in the U.S. prior to receiving your resident status , you also must file federal tax returns for those... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Georgia on
Q: I sold a house in Georgia for a loss. What is the tax implication? Do I have to file? I am not a resident of Georgia.

The house was my primary residence until I moved out of Georgia over 10 years ago. Unfortunately, the house fell into disrepair, so I sold it for a loss of about $30,000.

What are my tax implications? Do I even need to file in Georgia (given that it's a loss)? I'm only asking... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 28, 2020

No income on sale due to the loss, no deduction on loss since it's personal property.

You should file a non-resident return just in case the state has a copy of the 1099-S.

If they do and you don't file they'll send you a bill for tax on the gross sales proceeds.

Kind of a headache to fix.

2 Answers | Asked in Admiralty / Maritime and Tax Law for Georgia on
Q: I’m a resident of GA but work on a cruise ship full time (8 months of the year). Do I need to pay GA taxes?

They automatically take out federal taxes but since it’s office is based in Miami, they don’t take out any income tax.

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 28, 2020

Yes, your resident state will tax all your income worldwide.

Obviously you can still take foreign exclusionary or credits as allowed, but you will need to file a GA return and calculate tax owed.

I would contact HR and find out why tax is not being taken out and sent to GA....
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1 Answer | Asked in Tax Law for Georgia on
Q: See my question below.

I want to start a contract vending business in Dalton, GA using bulk vending machines. I don't know if I'm legally obligated to collect salestax on the products the machine dispenses, or hto collect the tax in the event I am obligated to.

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 4, 2020

Yes you have to remit sales tax unless another exemption applies. There's no exemption for products sold via a vending machine.

You apply the tax to the gross sakes.

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 collect.

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... 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...
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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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