Lawyers, Answer Questions  & Get Points Log In
Illinois Tax Law Questions & Answers
1 Answer | Asked in Tax Law for Illinois on
Q: Daughter was classified as IC, but paid hourly & treated as an employee. No W-2 or withholdings. Do we get lawyer?

Daughter was hired to work in a salon (eyebrows, eyelashes, makeup). Signed a "contract" and it said she was an independent contractor. Yet, she was paid an hourly wage, under complete control of her boss for hours, etc. My daughter did not pay any rent. She used the owners supplies.... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Feb 12, 2020

Contact your state department of labor and open a complaint.

2 Answers | Asked in Tax Law for Illinois on
Q: Should I claim innocent spouse?

My husband and I were married in May 2019. When filing for our 2019 taxes I learned that my spouse has claimed “exempt“ on his payroll tax for the entire 2019. The result is over $13,000 in tax liability, when otherwise I would have been due a refund for my portion of overpayment of about $3500... View More

Andrew M Steiger
Andrew M Steiger
answered on Feb 12, 2020

Based on the limited facts, it sounds like you would not qualify. You are not required to file a joint return, so carefully think your situation through before you file your 2019 return and seek professional advice if you want to reduce or eliminate the risk of being stuck with your spouse’s... View More

View More Answers

2 Answers | Asked in Tax Law for Illinois on
Q: Vacant lot next door shares my postal address and that lot is being sold for back taxes.

The vacant lot is delinquent on its property taxes for many years and is being sold by Lake County, Illinois. Because the postal address is the same as my house in which my daughter and grand children reside, the sheriff arrived at 4:30 AM at my house to serve papers and dozens of certified... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Aug 16, 2019

Hire an attorney. It's probably an issue with the deed or the filings.

View More Answers

2 Answers | Asked in Tax Law for Illinois on
Q: hello, i made 1mil in trading, but havent paid taxes yet I want to buy a house for 500 can i do that? because i dont wat

to wait. basically i want to know can i buy now, and then pay the 500k tax later. i am buying in cash no mortgage, i couldnt find any topics in my situation :) dont mind my typos this site only lets me use few words

D. Mathew Blackburn
D. Mathew Blackburn
answered on Aug 12, 2019

If you have the money still just buy the house and submit an installment agreement. They'll lien it but until you plan to sell or refi it won't matter.

View More Answers

1 Answer | Asked in Tax Law for Illinois on
Q: work 5 1/2 mos in CA, keep home family and ties in IL do I pay tax just on the 5 1/2 mos income

Currently a resident of IL. Considering taking a job that will involve travel to various sites and offices on the W Coast and states adjacent – basically CA, NE, AZ and OR. Will have latitude on where to spend my time, but the main office is in LA. Will get a cheap apartment there. My... View More

Andrew M Steiger
Andrew M Steiger
answered on Aug 3, 2019

Your biggest problem may be California. Check it’s residency rules versus part year resident and non resident and document accordingly. California is notorious for its aggressive pursuit of tax dollars. You likely have to file a non resident return for states where you are physically located... View More

3 Answers | Asked in Estate Planning, Immigration Law, Tax Law and Admiralty / Maritime for Illinois on
Q: What steps do I need to take to become of majority status and correctly use the name? Indiana and internationally.
Tom Evans
Tom Evans
answered on Jun 24, 2019

Sorry, but this does not sound like a maritime question. Also, the naming in issue did not come through. Please try trademark and copy write experts. Thank you and best regards. Tom Evans Maritime Lawyer Please see Justia disclaimer.

View More Answers

2 Answers | Asked in Tax Law for Illinois on
Q: If an accountant has delayed (4 months and counting) a tax return because of an admitted mistake...

can they send a check from their firm to cover that amount (~$3,000) until the IRS sends the money to us?

D. Mathew Blackburn
D. Mathew Blackburn
answered on Jun 17, 2019

They can, but they won't.

View More Answers

1 Answer | Asked in Tax Law for Illinois on
Q: Traveling for work often in multiple states income tax?

Hello - as a Field Application Engineer with my company I often travel to any of the 50 states for up to 3 weeks at a time to work on various projects.

When I do this am I considered to be earning income in that state that I am working in? Or am I simply considered to be earning a... View More

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

It sounds to me like you are making up problems for yourself. Concentrate on paying Uncle Sam and Illinois whatever income taxes owed and forget about the other 49 states. If there ever is a problem they will contact you.

1 Answer | Asked in Employment Law, Tax Law, Workers' Compensation and Civil Litigation for Illinois on
Q: My husbands employer accidentally paid him after he was fired for six months and we didn't notice bc I work there.

We got a letter from the employer saying we needed to pay back $27k in two weeks. When we got his w-2's and mine , this pay was not reflected at all. We don't know what our right's are in this case. We don't pay much attention to our bank statements and just paid bills as usual... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 28, 2019

Whether you look at your bank statements or not is irrelevant. If your employer actually paid your husband $27,000 more than he was entitled, he will either have to give it back or will probably be sued by the employer.

1 Answer | Asked in Tax Law for Illinois on
Q: I have a question for a restaurant group re: gift card Sales. I was reading about this and I am so confused.

Last year we reported on the prior year. The person who used to do this left the company so we wanted to be sure we were entering the correct year.

I think we only report gift card sales for the year but only the cards that still have dollar amounts

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 24, 2019

Unless you CPA is unavailable, they should be able to handle this tiny problem. If you have no CPA, get one.

2 Answers | Asked in Employment Law and Tax Law for Illinois on
Q: What can I do if my income puts me just over the Obamacare cliff and I have to pay an extra 20k in taxes?

My income puts me just over the 400% threshold. If I made a little less I would not owe very much in taxes but now I owe 20k because I have to repay the full health insurance tax credit and I can’t afford it.

Linda Simmons Campbell
Linda Simmons Campbell
answered on Mar 31, 2019

The first thing I would advise is to have your return prepared by a good CPA if you have not already done so. Make sure you use a good CPA and not a national chain. They may find some deductions that you were not aware you could take. After that if you still have a large balance due, contact a... View More

View More Answers

1 Answer | Asked in Securities Law and Tax Law for Illinois on
Q: Does investment firm have to refund withholding tax that was withheld in error?

Backdoor Roth Conversion in December requested NO Withholding. Discovered 1st. week of February that they withheld 10% for taxes.

D. Mathew Blackburn
D. Mathew Blackburn
answered on Mar 17, 2019

When you file your personal return you add the withheld tax as a credit which will be applied to tax due or refunded.

The investment firm doesn't have the money they sent it to the IRS.

1 Answer | Asked in Tax Law, Divorce, Family Law and Probate for Illinois on
Q: Can I claim child tax credits for 2018 if ex-spouse died?

In our settlement, my ex and I agreed he would take the child tax credits for our children every year on his tax returns, though I am the custodial parent. He died last spring. Should his 2018 (deceased) return carry the child tax credits, (in which case any refund would go to his estate which is... View More

Marilyn  Johnson
Marilyn Johnson
answered on Feb 24, 2019

You are bound by the terms of your Marital Settlement Agreement.

1 Answer | Asked in Tax Law for Illinois on
Q: I am married and travelled here on H1B alone with my daughter (2years old).Can I claim daycare fees in 2018 tax return?
D. Mathew Blackburn
D. Mathew Blackburn
answered on Feb 15, 2019

Yes, the child and dependant care credit is available regardless of immigration status as long as you qualify under the rules of the credit.

1 Answer | Asked in Tax Law for Illinois on
Q: If I receive money from sale of parent's home after their death, can I claim it on next years taxes

I will receive a check today from the sale of my father's home, he died in April. If I don't cash it until 2019, do I still need to claim it on 2018 taxes?

Jon Dowat
Jon Dowat
answered on Dec 13, 2018

Your are dealing with about three issues here and it is not that simple. First, income should be reported in the year it was received. Even if you do not cash the check the IRS treats it as if you received it, that is called "constructive receipt," which means we will pretend you... View More

1 Answer | Asked in Tax Law for Illinois on
Q: Do I have to pay taxes on a personal injury settlement?
T. J. Jesky
T. J. Jesky
answered on Nov 2, 2018

Generally, you are not required to pay taxes on any funds awarded to cover costs incurred as a result of the injury that you sustained. These costs can include medical bills and legal bills. However, you must treat any punitive damages that you receive as taxable income.

1 Answer | Asked in Employment Law and Tax Law for Illinois on
Q: I have an upcoming IRS appeal and I need to subpoena some documents /information from my employer. How do I best do it?
Michelle D. Wynn
Michelle D. Wynn
answered on Oct 31, 2018

Unfortunately, you cannot subpoena documents from an employer unless it is in connection with a court case that is already filed. Since I assume you are speaking of an administrative appeal with the IRS Office of Appeals, you would not be able to issue a subpoena. You can request the documents from... View More

1 Answer | Asked in Employment Law and Tax Law for Illinois on
Q: I am a nanny for a family in my home. Am i required to give my social security number to them for taxes?

Are they required to give me tax forms as well as withhold medicare and social security from my check? All they are telling me is that they need my social for tax reasons. Is there anything I need from them?

James G. Ahlberg
James G. Ahlberg
answered on Sep 12, 2018

Yes, you must provide the number. They should have you fill out an IRS Form W-4 and the corresponding Illinois Department of Revenue form to determine appropriate withholding.

1 Answer | Asked in Tax Law and Employment Law for Illinois on
Q: SECTION 125 PLANS. HOW TO OPT OUT OF THE PLAN AFTER ENROLLING.

My employer offers the cafeteria 125 plan for AFLAC. I want to drop AFLAC but my employer said I cannot. I can only cancel them during open enrollment. They said the IRS will not allow it. I called the IRS and they said " due to budget constraints, they cannot answer or help me. What do I do.

T. J. Jesky
T. J. Jesky
answered on Sep 5, 2018

A Section 125 offers different options for employees. It allows employees to choose among medical, dental, vision, and other employee benefits, or they can receive the same amount in cash.

The Plan meets the specific requirements of Section 125 of the Internal Revenue Code of the IRS....
View More

1 Answer | Asked in Tax Law for Illinois on
Q: IRS Info Request

The IRS is requesting for copy of my employer’s tuition reimbursement policy or a letter from my employer that I did not receive any tuition reimbursement. I don’t work for this employer any more. I sent an email to the HR and my mail was forwarded to their legal department. I have not heard... View More

Linda Simmons Campbell
Linda Simmons Campbell
answered on Jul 17, 2018

This will likely not satisfy the IRS but will show that you are trying and they may allow you more time. I suggest sending a certified letter to the legal department. Provide them with a copy of the IRS request, and the emails and let them know you need a response within whatever time period the... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.