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Georgia Tax Law Questions & Answers
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....
Read more »

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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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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...
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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.

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