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Indiana Tax Law Questions & Answers
1 Answer | Asked in Tax Law for Indiana on
Q: I owe $4 on my state tax return. Am I required to pay it? Heard if it was under $10 you don't have to.
David Ostrove
David Ostrove
answered on Mar 4, 2020

In my opinion, it would be best to pay it, so your account shows that you are all paid up with your state.

1 Answer | Asked in Tax Law for Indiana on
Q: A tax preparer is refusing to give me a copy of last years joint return after I divorced, can she legally refuse?

It was my last joint return after a divorce filed through a preparer in Indianapolis, IN. The preparer has claimed that for "privacy reasons" she can't give me a copy, though she did give my ex a copy. I did pay half the fees for the prep but paid them directly to my ex. This is... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Mar 4, 2020

If you filed a joint return with your ex husband you are entitled to a copy of the joint return. However, if you intend to give your copy to another tax preparer, then your ex husband will have to consent to the release of HIS confidential information.

1 Answer | Asked in Tax Law for Indiana on
Q: Is it legal for my husband to withhold our joint filed taxes from me?

He has refused to let me have any of the $750 rapid refund we were approved for. He then took every bit of the remaining funds off of the card. Due to his abusive alcoholism we are not staying together as of 2/13/20.

Andrew M Steiger
Andrew M Steiger
answered on Feb 15, 2020

Did you report any income on the joint return that contributed to the refund? If so, you may be entitled to injured spouse relief.

1 Answer | Asked in Personal Injury and Tax Law for Indiana on
Q: Is there a way to waive the 10% fee for early withdrawal of a 401k due to personal injury resulting in job loss?

My husband was involved in a rear end collision that caused damage to his spine. He will soon lose his physically demanding job due to his injury. We need to withdraw from his 401k - would this situation exempt us from paying the 10% penalty for early withdrawal? Thank you!

Tim Akpinar
Tim Akpinar
answered on Feb 5, 2020

A tax attorney or officer at your bank should be able to advise you on the tax aspects of such a withdrawal. But the more important question here is why you and your husband are contemplating the withdrawal. If your husband is represented by an attorney in this accident, it's possible that... View More

1 Answer | Asked in Tax Law and Child Support for Indiana on
Q: who can claim a child for taxes?

my ex has not seen our child in 4+ year and has not carried insurance on her for 2+ years..i also have not had an address or phone for him for 3+ years..can he still claim her on his taxes..he is currently current his child support

D. Mathew Blackburn
D. Mathew Blackburn
answered on Jan 8, 2020

You're dealing with two separate sets of laws in two completely separate jurisdictions both state domestic law and federal tax law.

What does the parenting plan say? If there's a state order that he's in compliance with that allows him to take the child deductions then not...
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1 Answer | Asked in Civil Litigation, Tax Law and Family Law for Indiana on
Q: What are the rules for the foster parents adding my kids on their taxes

DCS is saying that to foster parents are allowed to clean my kids on their taxes but I don't think that is right but they won't tell me the rules on why they can my kids were only in DCS care for maybe 5 months

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

If a government agency has placed the children with a family then that qualifies for the relationship test required to claim the child as a dependent.

Assuming the other factors are in line they would be allowed to claim the child.

This is very common in foster situations.

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... View 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... View 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....
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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... View 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... View 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... View 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,... View 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... View 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... View 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... View 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!... View 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... View 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... View More

Stuart Nachbar
PREMIUM
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... View 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... View 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... View 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  Day
Eric 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  Day
Eric 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... View More

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