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Indiana Tax Law Questions & Answers
1 Answer | Asked in Tax Law for Indiana on
Q: Was wondering if can get your home back after sold at tax sale due to lack of employment because of motorcycle crash

Home was sold over a year ago at tax sale due date on keeping home was the 17th and wasn't able to pay because of motorcycle wreck I had had back in November of 23 but the Treasury Office wouldn't give me an extension to be able to get the money and keep my home that my father had left me... View More

James L. Arrasmith
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answered on Oct 18, 2024

I'm really sorry to hear about what you’re going through. Losing your home in a tax sale is tough, especially after such a challenging accident. Since it's been over a year, the window to reclaim your property is likely closed, but it's still worth reaching out to your local tax... View More

1 Answer | Asked in Business Law, Civil Litigation and Tax Law for Indiana on
Q: What are my options when dealing with a business?

I stayed in a motel for five months. I was harrassed by the general manager and threatened by the assistant manager. I was charged a fraudulent pet fee which equaled to a nightly rate in order for management to remove me from property earlier than expected. I have called customer service multiple... View More

James L. Arrasmith
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answered on Sep 9, 2024

When dealing with a business that has treated you unfairly, there are several steps you can take to protect your rights. Start by gathering all the evidence you have, such as receipts, videos, and any correspondence with the motel management or customer service. Make sure to document every... View More

1 Answer | Asked in Consumer Law, Foreclosure, Tax Law and Business Law for Indiana on
Q: Can I make a negotiable instrument out of my bill for property taxes? I I'm not the principle my name isn't on the house

We are losing the house to back taxes.

James L. Arrasmith
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answered on Aug 15, 2024

It's really tough when you're facing the possibility of losing a home due to unpaid property taxes. Unfortunately, if your name isn't on the house and you aren't the principal owner, you don't have the legal authority to turn a tax bill into a negotiable instrument. The... View More

1 Answer | Asked in Tax Law for Indiana on
Q: State taxes! Can a individual sue dept of revenue in Louisiana for license suspension due to unpaid income tax?

License suspension for 16,000 in state individual income tax, there fore rendering me jobless . Due causing financial hardship

James L. Arrasmith
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answered on Jul 26, 2024

You can consider legal action against the Louisiana Department of Revenue if you believe the license suspension due to unpaid income taxes is causing you undue hardship. This situation can be complex, and it's important to ensure that all administrative remedies have been exhausted before... View More

1 Answer | Asked in Tax Law, Business Formation and Business Law for Indiana on
Q: Is it permissible for a minority member in a manager-managed LLC to act as a paid manager via a mgmt-services agreement?
James L. Arrasmith
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answered on Jul 18, 2024

Yes, it is permissible for a minority member in a manager-managed LLC to act as a paid manager via a management-services agreement. However, this arrangement must comply with the LLC’s operating agreement and any applicable state laws. It's important to ensure that the agreement is clearly... View More

1 Answer | Asked in Contracts, Employment Law and Tax Law for Indiana on
Q: when bringing on a new hire is ADHD a disabled status?

Part of the pre application questionnaire, does the hire fall under disabled

T. Augustus Claus
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answered on Nov 2, 2023

Yes, ADHD is a disability under the Americans with Disabilities Act (ADA). The ADA defines a disability as a physical or mental impairment substantially limiting one or more major life activities.

If the hire indicates that they have a disability, you are then required to provide reasonable...
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1 Answer | Asked in Personal Injury and Tax Law for Indiana on
Q: How can I find names of attorneys in Indiana who will flie a lawsuit against an accountant (CPA)?

Accountant failed to file proper tax papers, failed to file tax papers on time, resulting in costing me tax refunds.

T. Augustus Claus
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answered on Oct 9, 2023

To find attorneys in Indiana who specialize in cases against accountants, you can start with the Indiana State Bar Association's referral service. Additionally, websites like Martindale-Hubbell and Avvo offer directories and ratings for attorneys, helping you identify those with expertise in... View More

1 Answer | Asked in Tax Law for Indiana on
Q: Tax lien sale Indiana, a property sells to bidder. Can the owner sell property during 1 year redemption period?

I am the buyer of tax lien certificate. Can original owner sell the property during one year redemption period? And pay taxes at closing.

James L. Arrasmith
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answered on Sep 14, 2023

In Indiana, the property owner generally has a one-year redemption period during which they can pay the delinquent taxes and associated costs to reclaim their property. During this period, the owner typically retains the right to sell the property, but any sale would need to address the outstanding... View More

1 Answer | Asked in Employment Law, Tax Law and Business Law for Indiana on
Q: Can volunteer bartenders working on behalf of a 501c3 accept tips from customers?

I work as a bar manager (as a paid employee) for a nonprofit 501c3 organization that hosts a theatre festival every summer. During the festival we have a handful of volunteer bartenders. We have run into an issue where the jars put out in the past have always been claimed by the organization as... View More

Matthew Morris
Matthew Morris
answered on Jul 3, 2023

You have an interesting question, and a full answer would require looking at individualized details of your organization and the people who are both working and volunteering for it. But here are some things that you might consider.

As you point out, the general rule is that tips left for an...
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1 Answer | Asked in Divorce and Tax Law for Indiana on
Q: my 20 year old son lives at my house full time, can I claim him on my taxes? What if is his mother also claims him?

when my ex-wife and I got divorced many years ago, we had joint custody and alternated years claiming him on our taxes. Now that he is older, he never stays at her house. I ask her if I could claim him again this year because he always stays and she says no. What happens if I claim him and... View More

James L. Arrasmith
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answered on Mar 4, 2023

If your son lives with you full time and you provide over half of his support, you may be able to claim him as a dependent on your tax return. However, if your ex-wife also claims him, the IRS will likely flag the returns and investigate the situation.

If you and your ex-wife cannot come to...
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1 Answer | Asked in Family Law, Tax Law, Civil Rights and Federal Crimes for Indiana on
Q: What's first step to prove that someone has power of attorney over me

I'm in fear for my life

Carli Jo Aelker
Carli Jo Aelker
answered on Nov 7, 2022

If you are wondering about the IRS, you can look online for third party authorizations on your IRS online portal or you can call and directly speak to a rep. via 1-800-829-1040.

1 Answer | Asked in Bankruptcy and Tax Law for Indiana on
Q: I just got my tax refund. I live in Indiana and am currently in bankruptcy. I spent some of the money.

I didn't show my trustee first. Will I be in trouble

Timothy Denison
Timothy Denison
answered on Feb 19, 2022

You should consult your bankruptcy attorney regarding the Indiana protocol for handling tax refunds

2 Answers | Asked in Tax Law, Business Formation, Business Law and Trademark for Indiana on
Q: Does an online apparel brand, w booth at local fairs need to register as a retail merchant? Or just add sales tax?

It will be sourced through print on demand, so I will not personally be fulfilling the orders, except at the occasional booth set up at a local fair/farmers market. The sales goal is greater than the threshold for collecting tax. It is a sole proprietorship. A trademark application will be... View More

Michael Ray Smith
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answered on Feb 2, 2022

Kudos for thinking about sales tax.

The business (whether a sole proprietor, LLC, corporation, however the business is organized and operated) needs to obtain a Registered Retail Merchant's Certificate to collect and remit sales tax. You will first need a tax ID for the business. If...
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1 Answer | Asked in Tax Law for Indiana on
Q: Who claims child for 2021 tax season?

Divorce final in May 2021. Decree states that the petitioner can claim in 2021 and odd years. Respondent can claim in 2022 and even years. My ex husband is fighting me on this even though I’ve tried explaining that I claim this year.

Linda Simmons Campbell
Linda Simmons Campbell
answered on Jan 22, 2022

The tax year is the year the taxes are due for and not the year they are filed in. So if the mother is awarded the odd years then they would be 2021, 2023, 2025 etc. In other words in 2022 you file for 2021 which is an odd year. You may have to get the lawyers or courts involved again if there... View More

1 Answer | Asked in Tax Law for Indiana on
Q: My daughters ex boyfriend claimed their son on his taxes AFTER she told him she was going to.Her taxes were denied.

She agreed to him doing this in 2019,her taxes got denied while his got accepted.Her son lives full time with her.

Linda Simmons Campbell
Linda Simmons Campbell
answered on Feb 24, 2021

She needs to file a paper return with a letter stating that the child lives with her full time. The IRS will usually investigate and ask each parent to prove who had primary custody.

1 Answer | Asked in Tax Law for Indiana on
Q: How can we go about finding a tax attorney that can help with personal business property tax overpayment not refunded?

We tried to recover by filing an amendment, however the county claims the dealine had passed.

Steven J. Fromm
Steven J. Fromm
answered on Nov 19, 2020

Generally, time deadlines for tax assessment appeals are hard deadlines. So if you have missed this deadline you probably cannot contest an assessment for that closed year. However, you could contest for the next year. Finally, I am not a Indiana attorney, so to be sure of your rights to contest... View More

1 Answer | Asked in Tax Law for Indiana on
Q: Do I owe taxes to the IRS for a personal injury settlement?

I received a settlement in 2017 for a personal injury suit. In June of this year the IRS advised that I owe tax on this. I never received a 1099 for the settlement. The IRS stated I need to go through a tax attorney. I have very limited income at this time and not sure how to proceed.

Linda Simmons Campbell
Linda Simmons Campbell
answered on Aug 24, 2020

Try contacting a low income taxpayer clinic (LITC). Here is the link to find one in your area

https://taxpayeradvocate.irs.gov/about/litc

If you cannot find a LITC to take your case then you may have to hire an attorney. Most of us work anywhere in the country and offer a free...
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1 Answer | Asked in Tax Law for Indiana on
Q: married filed jointly and did not receive stimulus check. Husband owes back child support how do I get my stimulus payme

How to get stimulus payment? I listed myself as homemaker and didn’t file injured spouse claim. I don’t think it’s fair that me and my kids don’t get anything is there something I could do?

D. Mathew Blackburn
D. Mathew Blackburn
answered on Apr 23, 2020

There's not enough information here to determine a course of action. I would suggest hiring a local CPA or Tax Attorney to assist you.

1 Answer | Asked in Child Support and Tax Law for Indiana on
Q: If a 2019 tax refund was offset and paid deliquent child support in full, are they eligible for this stimulus check?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 14, 2020

There are only two requirements for anyone to receive the stimulus check: Filing an income tax return for 2018 or 2019 (2019 tax returns can be filed anytime, but--because of the pandemic--they are not due until August of September, 2020); and still be alive and breathing.

1 Answer | Asked in Tax Law, Family Law, Child Custody and Child Support for Indiana on
Q: Can i claim myself & my 6 month old on taxes this year if:

- Father & i never married

- Father doesnt get a return dur to back-taxes & debts

- Father does not pay child support

- He can claim head of household from Oct 2019 - Feb 2019 for myself & our son

- Before we separated, I txted him that he could claim... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Apr 1, 2020

For IRS purposes whichever parent provided more than half of the support for the child is the custodial parent and is entitled to claim the child.

To transfer that right to the other parent requires a Form 8332. A verbal promise is not enforceable.

Based on the information...
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