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Illinois Tax Law Questions & Answers
1 Answer | Asked in Real Estate Law and Tax Law for Illinois on
Q: Can I avoid cap gains tax from a commercial property if I get a commitment letter of purchase for a new rental? Stocks?

I just sold my portion of a family business (commercial real-estate that had rental income) back to my family who held the mortgage. I understand I need to purchase like property to avoid cap gains tax. If I cannot close in the 60 days can I get a commitment letter? Can I use a portion for... View More

Steve McCann
Steve McCann
answered on Mar 29, 2018

The answers to your questions depend on very specific facts that are not provided here, such as your relationship to the family business, your actual interest in the business, as well as terms of the sale of your interest back to your family.

Since it is apparent you are making very...
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2 Answers | Asked in Family Law, Tax Law and Child Custody for Illinois on
Q: My son's biological father claimed him on taxes this year. He saw my son for 2 hours all of 2017. He hasn't seen him

His dad burned him and abandoned him now claimed him on his taxes he's 3 years old. I want his rights taken away and I want to know how to stop the whole tax thing

James G. Ahlberg
James G. Ahlberg
answered on Mar 28, 2018

Hire a lawyer. Take him to court. That's the only way.

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1 Answer | Asked in Banking, Divorce and Tax Law for Illinois on
Q: My wife had our joint tax refund deposited directly into her personal account. Do I have any legal right to get half of

Can I write a check on her own personal checking account to get half of it back?

James G. Ahlberg
James G. Ahlberg
answered on Mar 23, 2018

You can't write a check drawn on your wife's account if you're not listed with the bank as a person authorized to do so. If there is a pending divorce case, let your lawyer know what she did as quickly as possible (before the refund is spent), especially if there is a court order... View More

1 Answer | Asked in Tax Law for Illinois on
Q: What to do if I received an incorrect 1099 MISC

I received a 1099 MISC but the amount reported on the 1099 is wrong/too low as the company forgot to include certain amounts in my total compensation. I want to report the correct amount on my tax return even though it will mean that I pay more in taxes. I have asked the company to issue me a... View More

Linda Simmons Campbell
Linda Simmons Campbell
answered on Mar 22, 2018

I recommend that you file a paper return (not electronic) and include a letter stating why your reported income is more than what was reported. Spell out how you arrived at the different figure if possible. The IRS may penalize the person who issued the incorrect 1099 but you should be fine since... View More

1 Answer | Asked in Family Law, Tax Law, Child Support and Child Custody for Illinois on
Q: Can the mother claim all three kids on taxes return even though I owe back child but divorce decree says I can claim 2.

Mother is custodial parent. I make regular payments but fall behind on extras medical, dental, and extracurricular activities kids are involved in. Clause in Court docs say these Extras should be discussed first. They are rarely discussed or mentioned after the event is sign up for it taken... View More

James G. Ahlberg
James G. Ahlberg
answered on Feb 28, 2018

It depends. It's increasingly common for an order allocating tax deductions for the children to provide that the recipient of support gets to claim the kids for a tax year if the parent paying support isn't current at the end of that tax year, even if the paying parent would otherwise get... View More

2 Answers | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Illinois on
Q: If I pay the taxes on a property I don't own, can I take ownership on the land?

The owner hasnt paid the taxes in 3 years and my family and I have been renting it the whole time. All to find out that the taxes are pass due and if not paid the property go to auction. Just trying to find out if i paid the taxes what will need to happen so i can take ownership

Steve McCann
Steve McCann
answered on Feb 19, 2018

You may be able to obtain ownership to the property through adverse possession, but an attorney must have more information prior to advising whether or not this is a possibility. This is a very fact specific determination, so I recommend organizing all information relevant to this situation,... View More

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1 Answer | Asked in Tax Law for Illinois on
Q: How should I file on my tax return

Got married in July 2017. Never turned in marriage license so state has no record of me getting married. Changed name with public aid because we are separated but not by decree. Husband owes back taxes so if we file together I won't get a return. If we file married but separately I don't... View More

Linda Simmons Campbell
Linda Simmons Campbell
answered on Jan 25, 2018

If you were married on December 31st (even if you were separated) you have to either file married filing jointly or married filing separately. If you file with your husband and are due a refund you can file Form 8379, Injured Spouse Relief to receive your share of the refund.

1 Answer | Asked in Tax Law for Illinois on
Q: I have my daughter full time, my ex’s mom takes her every other weekend. Can he claim her on his taxes?

We’ve never been to court but he pays child support.

Ray Choudhry
Ray Choudhry
answered on Jan 19, 2018

Unless there is a court order giving him the exemption, the IRS should honor your claim because you have custody by virtue of him paying you child support.

2 Answers | Asked in Child Custody and Tax Law for Illinois on
Q: My son’s father has not been involved, can he claim him on taxes with no custody agreement in place?

He has never lived in the home with us, has only seen him a handful of times, has offered no financial help, and I just recently filed for child support. It hasn’t gone through yet. We have never been to court. He is on the birth certificate. I was unemployed last year and worked odd jobs for... View More

James G. Ahlberg
James G. Ahlberg
answered on Jan 15, 2018

Generally speaking (by which I mean there are all kinds of rules, exceptions, and loopholes): (1) IF the child lived with you the entire calendar year AND the father paid no support that calendar year, then he cannot claim the child as a deduction when he files his income tax for that year; and (2)... View More

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2 Answers | Asked in Divorce and Tax Law for Illinois on
Q: If I have a separation agreement in Virginia, am I considered legally separated in IL?

I ask for Federal tax purposes because I am on military orders for Va, but claim IL as home of residence. The Tax law states go with your state laws. Want to file as single vs married filing separate. In IL I can file single with a legal separation. The agreement is not court ordered, but notarized... View More

Cheryl Powell
Cheryl Powell
answered on Jan 11, 2018

This is a tax question. Talk to a cpa.

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1 Answer | Asked in Tax Law for Illinois on
Q: does my sons father get to claim him on taxes since he is one payment late, but has over paid in the past?

its court ordered that my sons father can claime him ever year on taxes but in the court papers it says that if he misses a payment that I the mother can claime my son on taxes, but he has also over paid $900 before on child support, so is he still ABLE to clame him on his taxes for 2018?

James G. Ahlberg
James G. Ahlberg
answered on Jan 5, 2018

Take the information you've provided here and a copy of the court order to a lawyer. The answer is likely to depend on the exact wording in the court order and how the excess payments of child support are categorized (For example: Is the money legally considered a gift or is it considered... View More

1 Answer | Asked in Tax Law for Illinois on
Q: Hi. If i have no tax liability (taxable last year around 22,000) can i claim exempt in w-4?

they're keeping refund due to defaulted student loan. debt was suspended or something due to disability for a number of years. You are required to report every year your status or something and I didn't. All they had to do was see that i was still collecting disability but that makes... View More

Linda Simmons Campbell
Linda Simmons Campbell
answered on Nov 14, 2017

You can claim exempt on your W-4, if both of the following apply to you:

1. For the prior year, you had a right to a refund of all federal income tax withheld because you had no tax liability (this means you owed zero taxes not that you overwithheld and were entitled to a refund)....
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1 Answer | Asked in Real Estate Law, Tax Law, Collections and Small Claims for Illinois on
Q: i need help drafting a letter to my home's sellers, the prop tax amount changed enough that i should receive a credit

do I just write them a letter? is there a timetable/should i set a deadline?

Steve McCann
Steve McCann
answered on Oct 25, 2017

If you are engaging, or have engaged in a real estate transaction, you should be represented by an attorney. The fees are minimal and the benefits can be immense. All of your questions regarding the transaction should be directed to your attorney who will calculate the proration and resolve this... View More

1 Answer | Asked in Tax Law, Estate Planning and Probate for Illinois on
Q: Unclaimed Property in Illinois - Taxes? Which heir should claim?

(1) My three siblings and I just found that our deceased parent and grandparents have unclaimed property in Illinois. Some of this property is dividends, some is funds for liquidated stocks/bonds not surrendered, some is insurance-related, and some is refunds/rebates. Will we pay taxes if we claim... View More

Ray Choudhry
Ray Choudhry
answered on Jun 29, 2017

How does it get from the deceased to you.

1 Answer | Asked in Tax Law and Probate for Illinois on
Q: Who files taxes for the deceased if there is no will, or estate, no executor of estate, no spouse, and estrange child?

The deceased was living in a nursing home, and I, his ex-spouse (divorced 14 years) was POA the last five years of his life. He was living on a Illinois teacher's pension that terminated after his death. Upon death he owned nothing but his pension. My POA terminated as well, so I do not... View More

Ray Choudhry
Ray Choudhry
answered on Apr 26, 2017

If there is no estate opened, no one will have the authority to file his tax return.

Sometimes, if no one files a return, the IRS files one for them.

From the sound of it this is going to be closed out with no one doing anything.

1 Answer | Asked in Tax Law for Illinois on
Q: I have a 1099c for a settled loan I cosigner. If I try for insolvency do I have to report my 401k as an asset.
Matthew M Montoya
Matthew M Montoya
answered on Feb 15, 2017

Short answer: yes.

When you examine whether you qualify for insolvency, read IRS publication 4681. Page 6 includes an insolvency worksheet. Insolvency looks at all your assets (and equity in assets) as well as income to determine whether you are insolvent or not. If your assets,...
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1 Answer | Asked in Tax Law for Illinois on
Q: What can I do about the irs? First they say I owe back taxes, then I don't, now I do. Please help!

I filed innocent spouse after discovering my ex did not claim income for one year and made a huge mistake on another leaving me in debt to the IRS for about 50k. I received a letter that there was no tax owed for one of those years and the other year I was relieved of any responsibility. I have yet... View More

Matthew M Montoya
Matthew M Montoya
answered on Feb 4, 2017

Contact a tax attorney or an enrolled agent as soon as possible. If you are considered a low income taxpayer, you can seek help with a Low Income Taxpayer Clinic in your state.

You can also try the Taxpayer Advocate.

If you're at the garnishment phase, you need help immediately.

1 Answer | Asked in Tax Law and Real Estate Law for Illinois on
Q: Property has been sold for taxes, Im not able to pay the taxes back by the redemption period how long do I have to stay?

Redemption period is 9/21/2016 my father's property he moved. Im still there, filed chapter 7 discharged May 2015.

Vincent Anthony Incopero
Vincent Anthony Incopero
answered on Feb 2, 2017

You should contact a lawyer immediately if you have not already done so.

1 Answer | Asked in Tax Law for Illinois on
Q: Can I claim my 27 yr old daughter who has lived with me in 2013? She lost her job and I have supported her.

She just recently started working again in Dec 2013. We live in the state of Illinois. Can she claim herself if I can claim her?

Jennifer Louise Long
Jennifer Louise Long
answered on Mar 2, 2014

You can claim your daughter if she (1) is a US citizen, (2) is your child, (3) has gross income for the year less than $3,900, (4) did not file a joint return and (5) you provided more than half of her support during the tax year.

If you claim her, she cannot claim herself on her personal...
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1 Answer | Asked in Tax Law for Illinois on
Q: I am 62-years-old and want to sell my house and lot. What will be my tax rate?
Zaher Fallahi
Zaher Fallahi
answered on Nov 16, 2013

If you are single and have had the house and lived in it for the past 24 out of 60 months, you can exclude up to $250,000 of the gain. Any excess would be taxed at 15 % for the Fed, plus state rate. Consult a tax lawyer.

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