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Maryland Tax Law Questions & Answers
1 Answer | Asked in Family Law, Tax Law and Child Custody for Maryland on
Q: My 13yr old son lived with me from 11/16-7/17 (court ordered) Can I claim him on my taxes this year? His mom refuses to

allow me too. She says she is the custodial parent, but at the time, I was. He went to school while living with me as well. I'm in MD.

Linda Simmons Campbell
Linda Simmons Campbell answered on Jan 24, 2018

If there is not an agreement in place then generally the parent that has the child for more than 6 months can claim the child.

1 Answer | Asked in Tax Law for Maryland on
Q: If an EU citizen works for an EU company - paid to their EU bank - while living in the US, do they have to pay US taxes?

I'm a US citizen, but my wife is from the EU. We are moving back to the US, but she wants to keep her job from an EU company and work for them from home in the US. Does she have to pay US taxes? The money is going from a foreign company to a foreign bank, in €, and to a foreign citizen.... Read more »

Michelle D. Wynn
Michelle D. Wynn answered on Jan 9, 2018

If your wife is going to be in the US for enough of the year that she is treated as a US tax resident (which can be based solely on time spent in the country rather than citizenship) then she would need to declare her EU income on a US tax return. In addition, she would be subject to US income tax... Read more »

2 Answers | Asked in Real Estate Law and Tax Law for Maryland on
Q: Real Estate Tax Question

Mother in law wants to sell us a home, the cost of the home would be $50K, she has owned the home for 27 years and has used the home as a rental for about 20 years. She owes $21K on the mortgage, if we get a mortgage against the home for $50K, would she have to pay taxes on the $29K she will get... Read more »

Richard Sternberg
Richard Sternberg answered on Jan 5, 2018

You should consult a tax advisor and not a lawyer for this question, but the answer you will probably get is that: "If you have a capital gain from the sale of your main home, you may qualify to exclude up to $250,000 of that gain from your income, or up to $500,000 of that gain if you file a... Read more »

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1 Answer | Asked in Tax Law, Business Formation and Business Law for Maryland on
Q: I'm starting a small business. Should I pay my business taxes using a business ID number or through my personal SS#? TY
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Dec 29, 2017

It depends on the nature of the business and what type of "business taxes."

A sole proprietor who files on a Schedule C and has no employees may elect to use their own social security number for their estimated tax payments, but most small businesses would benefit from forming an...
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1 Answer | Asked in Real Estate Law and Tax Law for Maryland on
Q: I am donating a house to a non-profit organization. What documents do I need for the IRS besides Form 8283?

And is the full appraised value tax deductible?

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Nov 21, 2017

A donor may need to get a qualified appraisal of the property. The instructions to Form 8283 give more details. Determining entitlement to a deduction in a particular case will be quite fact-specific and is best raised with your accountant or tax professional.

1 Answer | Asked in Estate Planning, Elder Law and Tax Law for Maryland on
Q: My mom wants to sign over her house to me & then she will come to live with me. Will I have to pay capital gains

My objective, is to NOT have her go into a nursing home if it comes to that point, but to have a day nurse come into my home.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Nov 1, 2017

Capital gain is calculated and paid when a home is sold for profit, not when it is transferred without consideration. To figure out your potential capital gains liability you would need to talk to an accountant or tax professional and know the basis in the property and the anticipated future sale... Read more »

1 Answer | Asked in Tax Law for Maryland on
Q: Does lawyer get back more or less money from filed taxes, if?

For several months lawyer didn't give me back my retainer until after lawyer filed taxes.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Sep 28, 2017

Monies in escrow should have absolutely no bearing on an attorney's tax liability. A retainer should be held in a lawyer's escrow account and not be withdrawn until earned. Once money is earned, it becomes income subject to tax. Any unearned portion should be refunded when the... Read more »

1 Answer | Asked in Tax Law for Maryland on
Q: I'm starting a small delivery business, drivers will be independent contractors, what tax forms should I file under?
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Sep 28, 2017

First, businesses should be very sure that any independent contractors are truly independent. This is an area where the IRS seeks verification that the independent contractors are not mis-classified employees. If they are correctly classified, then they would receive a 1099 at the end of the tax... Read more »

1 Answer | Asked in Tax Law for Maryland on
Q: Can I write checks from my mothers and my bank account for 2 siblings to get a 1/3 after her death and who pays tax?

My mother passed away last week. There is a bank account with about $150,000 that is in my mothers name and my name. Can I write checks to my 2 siblings for 1/3 of that amount and will they/we have to pay any tax?

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Sep 28, 2017

Generally speaking, how a bank account will be disbursed will depend on how the account was titled. If, for instance, an account is titled as tenants in common, then a portion (typically 1/2) will need to go through an estate while the remaining portion would not. On the other hand, bank accounts... Read more »

1 Answer | Asked in Estate Planning, Family Law, Tax Law and Real Estate Law for Maryland on
Q: if an adult child has been living in dead fathers home and never changed over title and now its up for tax sale

as one of the grandkids what can i do if i want to pay off debt? more importantly would the city leave the house in my grandfathers name even knowing hes deceased. i dont want to put so much money into the property and it not be mine or for my uncle to than make an issue or try to claim it

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Sep 18, 2017

The city (or county) does not change title, so unless the family opened up an estate the title would remain in the deceased person's name.

Anybody can redeem the property before the tax sale foreclosure case awards judgment to the tax sale purchaser. As you point out, however,...
Read more »

1 Answer | Asked in Tax Law for Maryland on
Q: If I received approx. $52,000 from the sale of a house that I lived in for 8 years, do I have to claim it on my tax ret?

I read on the Internet that you do not have to claim the money if you live in the house for at least two years and that you don't have to pay capital gains taxes on as much as $250,000 for a single sale or up to $500,000 for a couple as long as the home was your primary residence and you lived... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Sep 18, 2017

Your question asks about capital gains. Generally speaking, under IRS rules, if you live in a home as your principal residence for 2 of the 5 years before you sold it, the first $250,000 of gain may be excluded from income. The IRS' website has a detailed publication on the topic of capital... Read more »

1 Answer | Asked in Bankruptcy and Tax Law for Maryland on
Q: Can my wife put an IRS tax debt from 2012 on our 2017 bankruptcy? She filed the return on time that year.

She also has a MD state tax debt as well.

Michael Francis Barrett
Michael Francis Barrett answered on Sep 6, 2017

Potentially yes, but this can be complex as there are more factors involved than what you included. You should see an experienced bankruptcy attorney in your area. You may need to obtain the tax transcripts for any years that taxes are owed for your attorney to analyze it.

1 Answer | Asked in Intellectual Property, Real Estate Law and Tax Law for Maryland on
Q: What does etal mean after a persons name on property tax bill
Benton R Patterson III
Benton R Patterson III answered on Aug 7, 2017

It usually refers to additional owners other than the first named owner. For example, if a property was owned jointly by Abe, Bill, and Charles, the bill may say Abe, et al.

1 Answer | Asked in Estate Planning and Tax Law for Maryland on
Q: We have an accountant cpa I don't think she is giving enough write offs nw we owe big taxes is there any way around it?
Ben F Meek III
Ben F Meek III answered on Apr 7, 2017

Get a second opinion. You also might contact a tax resolution law firm. Especially if the amounts are large.

1 Answer | Asked in Estate Planning, Tax Law and Probate for Maryland on
Q: What considerations must I keep in mind when hiring an Estate Planning legal team?

We are married; both my wife and I work, we have three children both from different relationships. I have two daughters, 21 and 19, she has a son who resides in our household, age 14. The girls live in two different states. We are not wealthy. We have a mortgage and we both have vehicles.... Read more »

Ben F Meek III
Ben F Meek III answered on Mar 2, 2017

Reputation matters as do experience and expertise. Get suggestions from friends that can describe a good experience with their lawyer. It is also a good idea to talk to several and get a feel for what they would want to do for you and a ballpark for fees and costs. You don't need an elaborate... Read more »

1 Answer | Asked in Tax Law and Bankruptcy for Maryland on
Q: I have a IRS lien and judgment against me and I filed bankruptcy a year ago can this still stop this
Lawrence F. Regan
Lawrence F. Regan answered on Sep 29, 2016

You don't really provide enough information for a lawyer to answer this. When were the IRS lien and judgment entered compared to the date the bankruptcy petition was filed? I assume the lien and judgment were pre-bankruptcy? What is the lien on? Real estate, tangible personal property? When I... Read more »

1 Answer | Asked in Tax Law for Maryland on
Q: Can sales taxes be applied to appliances that stay with the home if sold?
Eric M Wiechert
Eric M Wiechert answered on Jan 24, 2011

You really should talk with an attorney and review the sales tax statutes, rules, and administrative interpretations pertinent to items that become fixtures to real property.

Normally state sales tax is collected at the retail level. Consequently, once a sale is made to the end consumer by...
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