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Indiana Tax Law Questions & Answers
1 Answer | Asked in Business Formation, Business Law and Tax Law for Indiana on
Q: If I am 1% partner in a business, how would it impact my taxes or other financial profile

Actually my cousin in Canada wants to register a business in US so that he could provide consulting services in US. He needs me to be the 1% partner so he could register a business in US since I am a resident and soon would be a citizen. I am doing MBA at Kelley School of Business and a have hefty... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Dec 8, 2019

It depends on the corporate structure and jurisdiction. It'll also depend on your other income. You'll most likely have additional reporting requirements personally. You're best off finding a tax expert to advise you on this.

2 Answers | Asked in Tax Law for Indiana on
Q: Am I able to refile taxes as single once they have been filed as joint return?

My wife and I separated in October of 2017, neither of us had the money to file for a divorce at the time. We still lived together until May of 2018 before I was able to move out. I then moved out and lived on my own, then in late September of 2018 she because homeless and I let her move in with me... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 7, 2019

"I was recently informed that I did not legally have to do that since we were not together."

That's not correct.

You have to be divorced or legally separated, not just living separate, to file any way other than Married Joint or Married Separate....
Read more »

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1 Answer | Asked in Tax Law for Indiana on
Q: Is it legal to be offset by the government with no notice?

We finally received our refund (after waiting since April) and it was significantly lower than we expected. When I called the Treasury to find out why, I was told we were offset. After playing tag with BFS and the Treasury, I was told that notices were sent out months ago but I never received... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Jul 31, 2019

Yes.

You can try to challenge it but odds are exceedingly low you'll see that money. Once they put the letter in the mail to the last known address they've fulfilled their obligation.

1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Tax Law for Indiana on
Q: What can i do to get my money back from hotel that has charged me taxes after 30 days consecutively in being a resident?

I have the receipt from the time I started living here. I believe they are messing with the books. My receipt says taxes was off but I'm paying the same price plus 25 dollars more. The owner raised the rent during the race. I do not know what avenues to take to get my money or how to start the... Read more »

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

If you have a written contract covering your extended stay both you and the hotel are bound by the terms of the written contract. And if the contract was for 30 days the hotel can raise your room rate on day 31 going forward. Why? Because under most state laws hotels can change their room rates at... Read more »

1 Answer | Asked in Tax Law for Indiana on
Q: Internet Sales Tax - Effective 01 July 2019 ebay claims that the exemption for coins was repealed and that the INDOR di

rective that sales tax may NOT be charged on shipping when USPS is used is no longer in effect. Also that US Postage for mailing is now a taxable sale. I can't find that the new application of sales tax repealed those three exemptions.

Indiana Code 6-2.5-5-47

Coins, bullion, and... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 8, 2019

If you are having trouble finding a law in Indiana that was changed effective July 1 your difficulty may be the result of the state not having enough time to change the code section affected. Call you local legislator in Indiana (not your Congressman) and ask them for help; they will probably point... Read more »

1 Answer | Asked in Banking, Business Law, Tax Law and International Law for Indiana on
Q: I am looking to create a company that facilitates peer-to-peer payments with the use of credit and debit cards.

For this I have created an app:

If user is going to send money using the app, they input their credit card, STRIPE charges the credit card and the money goes to my business bank account in the US. When this happens, the app shows a balance in the user’s APP account.

When a user... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 4, 2019

What you have described is a financial services company that operates exactly like a bank. Translation: Before you spend your money developing your "new" banking business you need to know that you are required to obtain a bank charter or some other official authorization from the state you are... Read more »

1 Answer | Asked in Employment Law and Tax Law for Indiana on
Q: a few days ago I applied for an ein I entered a dba on the form. That I havent registered yet. I am disabled and have

never worked. After more thought I have decided not to pursue the venture. Wondering what to do

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 15, 2019

Nothing--unless you are worried that the IRS might follow up with questions about the DBA.

1 Answer | Asked in Tax Law for Indiana on
Q: Moved to IN in June '18. Our state taxes are 2x what the calculator says they should be. Is this because we relocated?

We're using TurboTax. My wife had $800 withheld on $25000 income for six months. The calculator says she should owe $780, around what she withheld, but TurboTax says she owes another $1100! Does Indiana tax her income from the other state she lived in? Thanks in advance for the help!... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 3, 2019

Not sure what kind of "calculator" you are using to figure income taxes due, but before running around in more circles try doing the simple math: If your wife earned $25,000 in 2018 and if her employer only withheld $800, that tax rate calculates out to 3.2%--which should raise your eyebrows.... Read more »

3 Answers | Asked in Bankruptcy and Tax Law for Indiana on
Q: Will I lose my tax return??? Filed chapter 7

I filed chapter 7 last month and last week filed taxes. I do expect a decent tax return due to having kids. Debt was mostly medical Bill's. I was getting grief from a lawyer for one of my non medical Bill's debt (was a gym) and do have a student loan from a school closed due to school being... Read more »

Stuart Nachbar
Stuart Nachbar answered on Feb 14, 2019

The answer depends on if same was exempted out. Some states follow the federal exemptions and some go with State Exemptions. Talk to your counsel about same and make sure it was properly exempted out.

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1 Answer | Asked in Tax Law for Indiana on
Q: Can my fiance claim my kids and me on taxes?

My children and I have lived with my fiance the entire year. My children have visitation with their dad every other weekend and rotating holidays. To be a qualifying relative, the child must live with him all days of the year. Since they go to their dads for visitation, does that mean they dont... Read more »

Frank Huerta Jr
Frank Huerta Jr answered on Jan 2, 2019

If your fiance intends to claim them for the Earned Income Tax Credit or the Child tax Credit, he will be unable to do so because there is a relationship test. The child will fail the relationship test which requires the child to be his own child, a stepchild, or a foster child placed with you by a... Read more »

1 Answer | Asked in Tax Law for Indiana on
Q: I have owned my home for 23 years and paid my property taxes. I had a two story barn that is shared with neighbors was

Leaning and it had to be taken down. There was no way if just taking one side down. The slum Lord of the house it was shared with fought city about it being demolished He finally lost and the city demolished it. Now the city added the charges of 2000. To my tax bill I list NY job after 32... Read more »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Jul 30, 2018

No one is going to be able to give you an adequate answer on here. You should consult with a local attorney in your area, specifically someone who has experience in property tax disputes and real estate matters.

1 Answer | Asked in Business Law and Tax Law for Indiana on
Q: May I prepare I financial statement without a CPA license? Can you show he Indiana Code that supports your answer?
Eric Steven Day
Eric Steven Day answered on Jul 26, 2018

I am not an Indiana Attorney, but generally anybody can prepare a financial statement for their business. Where you would need the licensing is if you were preparing financial statements for a publicly traded company or you were Auditing those financial statements.

1 Answer | Asked in Tax Law and Public Benefits for Indiana on
Q: Need help figuring out 401k distribution options ( separated from work age 55)?

Whether cash out, convert to IRA, Roth IRA or C-company?

Eric Steven Day
Eric Steven Day answered on Jun 9, 2018

It just depends on what type of work you are doing now. For instance, if you are working for another company, you might roll it into their 401k plan. If you are in retirement, the IRA might be a good option because you are just waiting on distributions. If you are running your own business, you... Read more »

1 Answer | Asked in Tax Law for Indiana on
Q: Wanting to confirm what I have researched. An estate only files a federal form 1041 if there is income over $600?

Had to create an estate due to no will being on record for mother. EIN was obtained to create the estate. The assets of the estate were valued at $6483 piece of property. There was nothing that produced income.

David S. Greenberg
David S. Greenberg answered on Apr 12, 2018

IRS Form 1041, U.S. Income Tax Return for Estates and Trusts, is required if the estate generates more than $600 in annual gross income. The decedent and their estate are separate taxable entities. Before filing Form 1041, you will need to obtain a tax ID number for the estate.

1 Answer | Asked in Tax Law for Indiana on
Q: Can you file bankruptsy, if it is IRS,back taxes and medical bills,

we filed 2 times,and we havent filed taxes since i think 2002,we thought we would start trying to file for a year at a time,i believe in 2011,and we were suppose to get a check back H&R block told us,for i believe $2000,and quickly we got a letter in mail we owed them like $2400, now about 3 weeks... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Feb 23, 2018

The automated phone call you received is likely a scam call. The IRS does not call you and leave a message saying they will take you to court. If you owe money to the IRS they will contact you by mail first. Prior to any levy action the IRS will send you via certified mail a final notice of... Read more »

1 Answer | Asked in Tax Law for Indiana on
Q: I have been levied by the state and all funds taken. This has happened a year ago and I can't get any answers

The state periodically levies my current accounts and all I want to know is the reason behind this. As far as I'm concerned I paid all taxes due in a timely fashion. How do I find out why and the exact amount.

Michelle D. Wynn
Michelle D. Wynn answered on Aug 8, 2017

You posted this question in Indiana although Justia has tagged your location as Minnesota. If this is about Indiana levying your accounts, you may want to try setting up an Online Services account to see what liabilities the state is showing that you owe. http://www.in.gov/dor/4331.htm

It...
Read more »

1 Answer | Asked in Tax Law and Child Support for Indiana on
Q: Ex is up to file our daughter. Do I have to allow it even if it's in our divorce decree?

I'm the custodial parent. He was ordered to pay child support but doesn't and the court doesn't enforce it. He also doesn't get child on weekends or holidays even though there is joint custody. Do I have to allow him to file? Will the IRS enforce?

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Mar 13, 2017

I'm not entirely sure what you are asking. Allow him to file his taxes? The most common issue that divorced parents encounter with children and taxes is which parent gets to claim the child and earn the credit on their tax return. I believe that is what you are asking. Take a look at your custody... Read more »

1 Answer | Asked in Tax Law for Indiana on
Q: I owe $15,000 in income taxes to the IRS for past tax years; am interested in a quote for help withan offer of compromis
Matthew M Montoya
Matthew M Montoya answered on Feb 11, 2017

The most important question is whether you qualify for an offer in the first place. This will depend on the equity you have in your assets combined with your expected future income.

That said, offers can run between $3000 and $6000 depending on the complexity of the offer and whether...
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1 Answer | Asked in Social Security, Tax Law, Criminal Law and Identity Theft for Indiana on
Q: Someone called my college impersonating me to get tax forms using my social security number, and changed my address
Paul Stanko
Paul Stanko answered on Feb 4, 2017

Unless you have a suspect, calling the police may be futile. Ask your college security or police department to investigate, and contact one of the three major credit agencies to put out a fraud alert.

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