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Hawaii Tax Law Questions & Answers
1 Answer | Asked in Tax Law for Hawaii on
Q: realized error on tax filing resulting of overpayment. Used gross vs net & paid taxes on gross amt. Over period of 10yrs

How do i remedy and is it possible to claim refund of overpayment.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 13, 2020

Sure. But you will have to file an amended tax return for each of the years you say was your tax was calculated on gross income instead of net.

1 Answer | Asked in Tax Law for Hawaii on
Q: I am a US citizen and receive both USA SS retirement and UK equivalent to SSA. Is the UK pension HI taxable?
D. Mathew Blackburn
D. Mathew Blackburn answered on May 11, 2020

Probably. I'd need more info to be sure but generally the income worldwide of a US citizen is taxed under US law. The TCJA was supposed to fix that and most professionals agree that it actually made is worse.

I would hire a professional to do the return.

Best of luck.

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Hawaii on
Q: I inherited 50% of a property as tenant in common 6 years ago. I never lived there. Do I owe money to current occupant?

Sibling was executor of our mothers' estate and moved his family in immediately after she died. I never received a deed. I lived out of state with my husband at the time. There is no tenants agreement. Sibling unable to buy me out at that time. I did not ask for compensation for him and his... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 5, 2019

If you did not sign the note for the current debt, then you are not personally liable on it. If you did not sign the mortgage that secures the current debt, then your share of the property is not liable for the current debt either.

If your sibling insists that you pay for half of the...
Read more »

1 Answer | Asked in Tax Law for Hawaii on
Q: If we are making payment and are keeping up with payment plans can the state garish my personal paycheck.

Business no longer making income for pass 5 years

D. Mathew Blackburn
D. Mathew Blackburn answered on Aug 29, 2019

When you setup an installment agreement that stops the garnishment, however it frequently happens that the paperwork is not processed correctly and the garnishment does not stop, If that's the case contact your employer to see if they are processing it and if they have not received any... Read more »

1 Answer | Asked in Tax Law for Hawaii on
Q: Can State of Hawaii file a tax lien for unpaid GE Tax for a corp tax due. Tax lien filed in my Name personally

If so, then all presidents of corporation are personally responsible for all debts due from corporation. So a corporation such as me how Corp went bankrupt the president of that corp is personally responsible to distribute funds from personal finances to pay creditors?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 20, 2019

Based upon your example, it is clear that your understanding of state tax law is incorrect. Consult a CPA or tax lawyer.

1 Answer | Asked in Consumer Law, Real Estate Law and Tax Law for Hawaii on
Q: Can I legally charge a finders fee to help someone claim an escheat check?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 7, 2019

I would not try to do that unless you are a lawyer or otherwise have financial services credentials or debt collection credentials issued by Hawaii.

3 Answers | Asked in Tax Law for Hawaii on
Q: Would the IRS call me and tell me that I need to make arrangements to pay monies that I owe?

I was told that they had documents for my arrest which they would hold off if I make payments.

Frank Huerta Jr
Frank Huerta Jr answered on Sep 17, 2018

It sounds like a scammer. The IRS does not call you over the phone to threaten you with jail. I suggest you report the number to the Treasury Inspector General's office (TIGTA)

If you should get another call say that you will report them to TIGTA.

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1 Answer | Asked in Tax Law for Hawaii on
Q: I was curious what the statute of limitations are to collect back state income taxes in Hawaii are?

Do I need to file a return to start the clock because I was living in Hawaii in 2009-2010, and my employer didn't take out taxes( I was considered self employed) but that was almost 10 years ago so I was a dumb kid, and my employer didn't tell me I needed to ( I'm 33 now) anyways... Read more »

Eric Steven Day
Eric Steven Day answered on May 23, 2018

I am not a Hawaii based tax attorney but most states and the federal government don’t start the statute of limitations on collections or audits until you have actually filed a return or the government filed one for you. They may not have any record of you having income in some instances, but... Read more »

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