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Maryland Tax Law Questions & Answers
1 Answer | Asked in Family Law, Tax Law and Child Support for Maryland on
Q: I’m having a baby by a man who is fully supported by his mom. Can I sue his mom if she claims him on her taxes?

He intentionally avoids child support by not working, his mom lets him live Scott free in her house and buys him everything. He only works maybe Christmas time and summertime, maybe. His mom claims him on her taxes. Can I sue her? How can I get support from a man who is hardly ever employed but... View More

Elizabeth Pugliese
Elizabeth Pugliese
answered on Aug 11, 2018

All of the support provided to him by his mother can be considered income. Also if he is physically capable of working but does not, the court can impute income to him. You will need an attorney to help you pursue him for child support.

1 Answer | Asked in Foreclosure, Real Estate Law and Tax Law for Maryland on
Q: Is it illegal to pursue a tax delinquent property owner for the sale of their house if the foreclosure wasn't filed?

As a real estate investor, I target tax delinquent properties. those who are behind on their property taxes. From what I know there is a default time where the home owner goes behind on the property taxes and then I believe it goes to auction and you have to bid for them? I want to pursue the... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jul 27, 2018

You essentially ask about tax sales. Each county has different dates and specific process for the sales/bidding, but in Maryland if the taxes are ~6 months or so past due, the county holds an auction. The county will advertise the auction in advance. The property owner can pay up the taxes, in... View More

1 Answer | Asked in Tax Law for Maryland on
Q: Do I HAVE to pay taxes on large capital gain (through estimated tax payments or withholding) before filing tax return?

Apparently, the IRS is not equipped to answer "tax law" questions outside of the January 1 - April 18, 2018 window. Maybe someone here can help me. I recently sold several long-held shares in stocks and mutual funds, realizing a large capital gain. To avoid any penalties, do I HAVE to pay... View More

Eric  Day
Eric Day
answered on May 16, 2018

You don't have to pay estimated taxes on the large capital gains you incurred in 2018. It is a good idea to pay estimated taxes or have them withhold some of the gains to pay taxes, but it is not a requirement. If you did not owe taxes the prior year, then you are likely not required to make... View More

1 Answer | Asked in Tax Law and Collections for Maryland on
Q: we just received notice from credit report about a maryland tax lien

i was finally able to locate the lien and called comptroller collection to find out it was from 2007 individual tax return unpaid. we moved from maryland in 6/08 leaving a forwarding address. never received any notification from them. i had to research several days to locate this. can they place a... View More

Linda Simmons Campbell
Linda Simmons Campbell
answered on May 14, 2018

If Maryland (I am not licensed in Maryland) is like every other state I am familiar with then they are only required to send you a notice at your last know address. This means the last address known to them so either the address on your last return or on the change of address form if you filled... View More

2 Answers | Asked in Business Law and Tax Law for Maryland on
Q: The state is telling me to pay sales and use tax that was due to be paid by the person that I bought the business from.

He did not file that he owed taxes and now they say I must pay them. Is there a way out.

Benton R Patterson III
Benton R Patterson III
answered on May 8, 2018

Generally, if you purchase the entire business, the business remains liable for its obligations incurred under prior ownership. I would have an attorney review the sale documents. There may be representations and warranties in the purchase agreement that the business taxes were paid. If so, you... View More

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1 Answer | Asked in Real Estate Law and Tax Law for Maryland on
Q: What are some LLC to LLC Real estate Recordation and Transfer Tax loopholes / exemptions in the state of Maryland?

What are some LLC to LLC Real estate Recordation and Transfer Tax loopholes / exemptions in the state of Maryland?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 16, 2018

Generally, there is no "LLC to LLC" exemption.

However, Maryland law enumerates about 26 or so different situations exempt from transfer/recordation tax, some of which may potentially apply when an LLC is involved. Each one is heavily fact dependent. You can find these in the...
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1 Answer | Asked in Tax Law, Business Law and White Collar Crime for Maryland on
Q: Can I rectify an unintentional fraudulent mistake on past tax returns?

I moved out of the US and file my own taxes and just realized I've been filing my taxes incorrectly the past couple of years and fear that if the IRS finds out, I'll be charged with a felony. I thought I had to file based on where I practice business (I still work remotely for US clients)... View More

Mark Oakley
Mark Oakley
answered on Feb 28, 2018

Criminal or civil fraud requires knowledge of the fraud and intentional conduct to perpetrate the fraud, so honest mistake is a complete defense. Stop worrying. Hire a CPA to review your past returns and file any corrected or amended returns for the affected years, as necessary. Any penalties or... View More

2 Answers | Asked in Tax Law and Probate for Maryland on
Q: Is the sale of an after death inheritance homeTaxable to the siblings that benefited from the gift?

2006, Maryland, mother died, left home to 2 daughters, paid in full owner, now they want to sell in 2018. Not sure how this $ will be taxed

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Feb 27, 2018

There are at least 5 different taxes that can come into play when someone dies and transfers property. These include inheritance tax, estate/gift tax, income taxes and transfer/recordation taxes.

In Maryland, property going to a child does not have state inheritance tax. State and...
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1 Answer | Asked in Tax Law and Real Estate Law for Maryland on
Q: I received cash for keys last year. I got a 1099 from lender w/a chk in box 3. Do I have to claim this on my taxes?

I filed for bankruptcy in 2009. Last year BofA worked out cash for keys so I could move out of the house. This year I received a 1099 with a check mark in box 3. Do I have to claim this on my taxes? Are there any precedents that homeowners do not have to claim this as income?

Richard Sternberg
Richard Sternberg
answered on Feb 23, 2018

Income is "Income from any source." If the income could be a settlement for a foreclosure, you might treat it was a return of equity. Consult your tax advisor. But, if this was the normal cash for keys, and you were a tenant, it is income.

1 Answer | Asked in Real Estate Law and Tax Law for Maryland on
Q: How long after 2017-2018 unpaid taxes due can your lien be auctioned My taxes are due 3/1/18. Not sure what to do.
Richard Sternberg
Richard Sternberg
answered on Feb 17, 2018

Get a tax lawyer, and not one of those shady, dishonest fix-your-debt thieves who advertise on TV, and work out a payment plan with the IRS. The IRS tiger turns into a pussycat when you work out a plan for paying off back taxes. They will often eliminate crippling penalties and just leave the... View More

1 Answer | Asked in Consumer Law and Tax Law for Maryland on
Q: I have past due federal student loans and past due IRS taxes. What is the maximum garnishment total % from my SSN check?

I have read both student loans and IRS taxes can garnish up to 15%. With both debts does that mean they can deduct 30% total?

Mark Oakley
Mark Oakley
answered on Feb 17, 2018

No more than 15% of social security income may be garnished at a time from all creditors who are legally allowed to garnish such income. So, that’s the limit. Both past due federal taxes and federal student loans can be collected in this way. Both debts are possible to be discharged in... View More

1 Answer | Asked in Tax Law for Maryland on
Q: Can I claim siblings on tax return...?

I received approval from MD state for Kinship care authorization after losing both our parents. Given that the surviving parent also passed at the beginning of May of the tax year, and I ended up caring for my minor siblings for greater than 50% of the tax year (with documented proof and receipts),... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Feb 6, 2018

I am sorry to hear of your loss.

Most estates do not need to file an estate tax return. An estate tax return is different than an individual tax return. The person who died does typically have a final 1040 income tax return filed in the year they died (which may or may not have...
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1 Answer | Asked in Tax Law for Maryland on
Q: If I worked a total of 3 jobs in 2017 Can I only input 1 W2 then file an amended return after I receive the return?

I worked at a total of 3 jobs in 2017 at one job I filed exempt from withholding and when I enter only the information of the W-2 where I claimed exempt from withholding it says I will get a return, but when I enter all 3 jobs it says I owe money. My question is Can I legally only enter the W-2... View More

Linda Simmons Campbell
Linda Simmons Campbell
answered on Feb 2, 2018

If you intentionally file an incorrect return you are committing tax fraud.

1 Answer | Asked in Tax Law for Maryland on
Q: Maryland Income Tax Law regarding Social Security income. I understand that any amount received over $44,000 is taxable

85% of the excess amount is taxable income. I received a large back pay amount from my disability case.

I usually file my taxes married filing jointly using turbo tax.With my SS and my spouses SS benefits our income amount is over 100K for 2017.

Should I file married filing... View More

Linda Simmons Campbell
Linda Simmons Campbell
answered on Jan 31, 2018

I would have an accountant prepare your returns for this tax year. They can determine the best way to file your taxes. If you end up owing taxes that you cannot pay, filing separately would make you solely responsible and your wife would not have to worry about the IRS coming after her for your... View More

1 Answer | Asked in Immigration Law and Tax Law for Maryland on
Q: I moved here from Canada on a visa, can the US take money from my paycheck? Besides regular Fed/State taxes?

How and why are they allowed to take more money? Each day I should make $280, with them taking out extra I only bring home $104 per day. That's alot of money to take. How can I support my family with them taking so much. I have a degree and it's basically for nothing now.

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Jan 25, 2018

Your best bet would be to contact a tax professional to see what exactly is being taken out of your paycheck. Just because you are here on a visa should have no bearing on what is taken out.

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.... View 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... View 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... View 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... View 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.

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