Ask a Question

Get free answers to your Tax Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Maryland Tax Law Questions & Answers
2 Answers | Asked in Tax Law for Maryland on
Q: Had been married for 48 years. Always filed married filing jointly. My husband passed away in August 2019. Yesterday,

the check arrived. It is made out to both my husband and me. Am I entitled to the entire $2,400.00? Can the executor sign on behalf of my husband so I can deposit the check into my account?

D. Mathew Blackburn
D. Mathew Blackburn
answered on Apr 30, 2020

There is not currently guidance on this matter from the IRS. However, if the individual passed in 2019 and the payment was based on the 2019 return there is a string argument that he payment is proper. Second, the IRS has made clear that outside fraud on the part of an individual these payment will... View More

View More Answers

1 Answer | Asked in Tax Law for Maryland on
Q: The irs is taking about 300 a month out of my social security check, can I claim this money on my taxes as a deduction
Mark Oakley
Mark Oakley
answered on Apr 5, 2020

No, but you may be able to discharge your tax debt in bankruptcy. Call a bankruptcy lawyer to discuss your options.

1 Answer | Asked in Criminal Law, Tax Law, Traffic Tickets and Civil Litigation for Maryland on
Q: Can I be sued for emailing a company factual statements about about their future employee?

I emailed the company about this person’s character

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 30, 2020

The essence of defamation is spreading untrue things about individuals that harm them. Truth is always a defense in any defamation action.

1 Answer | Asked in Tax Law and Collections for Maryland on
Q: I owe a debt to a local community college in Maryland.

I owe a debt to a local community college in Maryland. I never paid the school and the state sent me a letter last year telling me they would take my taxes if I didn’t pay. I called and set up a payment arrangement through the states debt collection systems. Although I have not kept up with these... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Feb 7, 2020

Yes, of course they can take your tax refunds; every year as long as the debt remains unpaid.

1 Answer | Asked in Tax Law for Maryland on
Q: IS A PSE ABLE TO REPORT INCOME ON A 1099-K THAT THEY DID NOT TRANSFER TO YOU IN A PAYMENT SETTLEMENT YET?

I AM A SINGLE OWNER LLC SMALL BUSINESS FILING AS DIREGARDED ENTITIY WHO RECEIVES A 1099-K FROM AMAZON FOR RETAIL SALES TRANSACTIONS. AMAZON "A payment settlement entity (PSE) must file Form 1099-K for payments made in settlement of reportable payment transactions for each calendar year. A PSE... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Jan 28, 2020

Yes. They're your funds, even though you haven't received them yet you have a right to them so they're reportable.

1 Answer | Asked in Tax Law for Maryland on
Q: If I purchased a tax sale certificate and foreclose am I liable to repay the original purchser state and fedetax liens.
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 26, 2019

It is strongly advised to use an attorney to initiate foreclosure proceedings. Maryland law allows for reimbursement of the tax sale purchaser's attorney fees up to a specified dollar amount upon redemption, so nearly all of the time a certificate holder will use an attorney who can help... View More

1 Answer | Asked in Tax Law for Maryland on
Q: If a house in Maryland is given to your child via a quick claim deed are there taxes that have to be paid?
D. Mathew Blackburn
D. Mathew Blackburn
answered on Sep 12, 2019

Generally there is no transfer tax on a gift. There will be recording fees. For gift tax it will depend on the value of the property. If the value exceeds $15,000 ($30,000 if both parents are gifting) then a gift tax return is required to be filed. However, no tax will be due if you have enough of... View More

2 Answers | Asked in Tax Law for Maryland on
Q: I sold a home that I’ve occupied as my primary residence for the last four years. Do I have to pay taxes on the profit?

The home was sold in Maryland, the home was my primary residence and I occupied the home continuously from 2015-2019

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

Assuming the other requirements of the personal residence exclusion are met. You exclude the first $250,000 ($500,000 if you are married) in gain on the sale. If you bought the property for $100,000 and you sell it for $350,000 you would have $250,000 in gain and that would be excluded from tax and... View More

View More Answers

1 Answer | Asked in Real Estate Law and Tax Law for Maryland on
Q: how does a lender handle supplementary tax at closing on a new constructio

I am in Charles County Md

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 13, 2019

Your Realtor will explain this to you.

2 Answers | Asked in Real Estate Law and Tax Law for Maryland on
Q: In case adult child added to house deed, should he/she pay taxes on house?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 6, 2019

There is no legal requirement for all owners named in the deed to pay all or any portion of the real estate taxes. On the other hand, there is no reason why all owners should not share in the tax burden either.

View More Answers

2 Answers | Asked in Tax Law for Maryland on
Q: Hello, Is money awarded in a wrongful death case taxable on the state(MD) and Federal level? Thank you.Tom

I am soon to receive settlement money for a civil case I brought against a medical provider in the death of my wife.

Mark Oakley
Mark Oakley
answered on May 1, 2019

No, it is not. It is not defined as income because it is compensation for a loss. Sometimes a jury verdict will separate out lost income (past or future) that a party has suffered as a component of damages, and when that is done, that portion is subject to income tax. Otherwise, in a lump sum... View More

View More Answers

1 Answer | Asked in Child Support and Tax Law for Maryland on
Q: Will my "other pay" that my employer provides me go towards my gross income when calculating for child support?

My employer used to provide my health insurance and it did not show up on my pay check. When I got married it was a cheaper and a better health plan for me to switch to my husbands insurance; so my boss requested I get on my husbands plan and he pay me a monthly premium to make up for what is being... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 1, 2019

This question should be addressed to the lawyer who handled your divorce because there may be other information not available to lawyers who have not been involved, and who have never seen the underlying divorce papers.

2 Answers | Asked in Real Estate Law and Tax Law for Maryland on
Q: Could this lien be for a house sale because I did not live in Md. In 2015. Grounds and authorities: section 13-805 -

13-809 tax general general article annotated code of Md.

Is this a property tax lien?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Mar 22, 2019

While an attorney cannot analyze a purported lien without looking at it, property tax liens for failing to pay annual property taxes usually fall under the tax PROPERTY article, title 14 (not the tax GENERAL article).

The code section you cited in the general tax article usually...
View More

View More Answers

2 Answers | Asked in Immigration Law and Tax Law for Maryland on
Q: I got my green card in 2012 but didn't move to the US until 2015. Do I owe taxes for 2012-2014?
Kyndra L Mulder
Kyndra L Mulder
answered on Jan 26, 2019

I suggest you speak with a tax attorney or CPA.

View More Answers

1 Answer | Asked in Tax Law for Maryland on
Q: Can the sale of a willed house be held due to a recipient having a fed tax lien. The recipients name is not on the pro.

Parents pass away, will the house to the grown children. One has a federal tax lien in her name. Her name is not on the house. Can this affect the sale of the house?

Mark Oakley
Mark Oakley
answered on Jan 24, 2019

No. So long as the house is in the name of the estate, not the names of the heirs, then the estate sells the house and distributes the proceeds to each individual heir entitled to receive a share. If, however, the PR of the estate decides to issue a deed transferring the house to all the children... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Maryland on
Q: what is the proper written code for a quit claim deed from father to daughter for tax exemptions

I live in MD. My father is transferring the house to me. I need to site the code to exempt me from the state and fed taxes

Mark Oakley
Mark Oakley
answered on Jan 10, 2019

The recording office of the county where you file will know and allow you to fill in the cited section that applies. They are the authority who has to approve whether you have a tax exempt transfer. However, the list of exempt transactions generally appears in the Maryland Tax-Property Article,... View More

1 Answer | Asked in Family Law, Tax Law and Child Custody for Maryland on
Q: Does my sons father have the right to claim him as a dependent on taxes without my consent?

My son lives with me and goes to his fathers house every other weekend(Friday night and returns home Sundays) he has threaten to claim him as a dependent he also pays child support and we split child care expenses

Mark Oakley
Mark Oakley
answered on Dec 19, 2018

He can claim him, but he will not be doing so legally. Your son does not live with him the requisite number of overnights per year to claim him; only you have the right. If you both claim him, the IRS will inquire as to these facts. Parties can, by agreement, split or alternate, by year,... View More

1 Answer | Asked in Tax Law for Maryland on
Q: Is there a law that says the Comptroller of Maryland can revoke driving privileges?

Shouldn't driving privileges only be revoked due to motor vehicle offenses?

Mark Oakley
Mark Oakley
answered on Dec 17, 2018

In Maryland, your driving privilege can be suspended for multiple reasons unrelated to traffic violations, among which are unpaid state taxes, unpaid child support, civil judgments from an automobile accident for which you did not have the required auto insurance required by law, etc. When the... View More

1 Answer | Asked in Tax Law for Maryland on
Q: If a deed of trust has 3 people on it and it is being transferred to one person on the deed, does the transfer tax apply

I am in the process of assuming my mortgage and will have the deed updated as well. Myself, my ex-husband and brother are on the deed. The deed will be transferred to only myself. I just want to make sure I'm reading the exemptions to the transfer tax correctly, stating that the tax... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Sep 18, 2018

Unfortunately the answer is very locale and fact specific.

There are 3 different taxes that come into play with a deed. Transfers to/from a spouse, where property is encumbered by a mortgage, are exempt from both state & county transfer/recordation tax. Transfers to/from a...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.