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Massachusetts Tax Law Questions & Answers
1 Answer | Asked in Tax Law for Massachusetts on
Q: My mother passed away 6 years ago. Now, I am retaining a lawyer to transfer property to me. Do I have to pay taxes for

the 7 years since my mother passed? Or am I only responsible from the date the property is legally transferred to me? The house is in Puerto Rico! Thank you!

James L. Arrasmith
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answered on Mar 4, 2023

The tax implications of inheriting property in Puerto Rico can be complex and may depend on several factors, including the value of the property, the length of time it has been held, and any applicable tax exemptions or exclusions. Here are some general guidelines that may be helpful:... View More

2 Answers | Asked in Tax Law and Contracts for Massachusetts on
Q: Is certificate required for septic repair?

Spent $5k on septic repair when wastewater flooded the yard from the leach field. I wasn't given a certificate. Is one always needed to claim the credit? This wasn't a simple drain clog and the entire leech field was dug up, cleaned up, and soil replaced. I have a detailed invoice and... View More

Christopher Tolley
Christopher Tolley
answered on Feb 23, 2023

I don't think you need a new Title V cert. unless you are selling the house. The system has to have 'failed' in order for you to claim the credit. https://www.mass.gov/service-details/view-residential-property-tax-credits. I would contact the DEP or ask your accountant when you file... View More

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1 Answer | Asked in Real Estate Law and Tax Law for Massachusetts on
Q: I am a trustee of an HOA development where all the owners in the development jointly own a HOA amenity property. Our HOA

files its taxes as a non profit. Recently we learned the town asseses the amenity as comercially zoned eventhough its a comunity garden. is this correct?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Feb 8, 2023

Your organization needs to have counsel review this issue which does not appear to be a general question suitable for a forum.

1 Answer | Asked in Divorce and Tax Law for Massachusetts on
Q: Divorce is final on 3/28 in Ma. We filed married but separate on taxes last year. Does that change my tax info for 2023?

My ex and i were married, in massachusetts, for five years. 2022 we decided to file our taxes "married filing separate." With the divorce final on 3/28/2023, would i still have to give my ex half my tax return? Does the divorce mean i should consult a tax specialist to file my taxes for me?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jan 23, 2023

The method of filing and the disposition of refunds or monies owed to tax authorities is usually dealt with in the body of the Separation Agreement. You should review the document preferably with the attorney who represented you on this issue.

1 Answer | Asked in Real Estate Law, Tax Law and Municipal Law for Massachusetts on
Q: Can one town foreclose if the property is in two separate communities and other town's taxes are current?

I bought a home that's 1/2 in 1 town and 1/2 in another - the dwelling is > 80% in Town A. Original mortgagee escrowed & paid property tax only to Town A. The mortgage has been transferred twice & modified once, & still the error wasn't discovered. Now, over 10 years in, I... View More

Christopher Tolley
Christopher Tolley
answered on Aug 19, 2022

I think Town B probably has a right to foreclose on its lien but my guess is it has not done so because of the issues you raised. Whether Town B does or does not foreclose, I do not see any alternative but your #1. I do not see the value of ignoring Town B. You already have no equity in the... View More

2 Answers | Asked in Estate Planning, Land Use & Zoning, Real Estate Law and Tax Law for Massachusetts on
Q: I owe real state taxes for the city of Methuen MA Can I set up a payment plan are there any options

The total real state taxes with fees and penalties is around 30000, can a payment plan be in placed so I don’t loose my home and also be on time with my current tax bill

Christopher Tolley
Christopher Tolley
answered on Jan 7, 2022

Contact the tax collector, explain your situation, and see if you can arrive at a payment plan.

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1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Massachusetts on
Q: Can a deal be made with the city of Methuen if you owe taxes on real state

I was having a rough couple years domestic violence, health ,unfortunately , I owe real state taxes for the city of Methuen they want to foreclose on my property can I make a payment plan is there anything I can do , my situation has change and I’m able to pay the taxes moving forward and setting... View More

Christopher Tolley
Christopher Tolley
answered on Jan 7, 2022

Contact the tax collector, explain theyour situation, and see if you can arrive at a payment plan.

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Massachusetts on
Q: If I am setting up a irrevocable living trust with 2 properties do I just complete and sign in front of a notary?

I was wondering if the properties in Mass have to be reregistered at some point or is there anything about the trust setup thats common I have never done this before. Any help is greatly appreciated.

Christopher Tolley
Christopher Tolley
answered on May 18, 2021

If the plan is for the irrevocable trust to own the properties, and the properties are real property, you need to convey the properties by deed from whoever owns them to the trust.

1 Answer | Asked in Tax Law for Massachusetts on
Q: What should someone do who owes taxes from 2019 but has no income and is on state funded health plan?

My sister-in law owes taxes from 2019. She is currently on MassHealth (since 2020) and in a nursing home where all her income goes too. She is also dying of stage 4 cancer and is only expected to last another month or two. She has no income to pay the taxes. She has no assets, husband, or children.... View More

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

If your sister does not have any assets then there is nothing for the IRS to get. She should be eligible to be marked currently not collectible. Contact your local taxpayer advocate and ask for help. Here is the link to find your local taxpayer advocate... View More

1 Answer | Asked in Divorce and Tax Law for Massachusetts on
Q: Do I have to claim as income a cash settlement that is part of the divorce agreement?

The money is from half the equity from the sale of our house. My spouse was required to sell within 5 years. I let her live there until she retired, but it has been 15 years since the divorce. I also signed the deed over to her a few years ago. She died last year, and our children now own the... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Feb 17, 2021

This is really a taxation question. Waiting and not filing a Modification Agreement to change the sale date may be problematic for enforcement purposes as well. The creditor claim period is one year from the date of death also.

1 Answer | Asked in Divorce, Family Law, Tax Law and Child Support for Massachusetts on
Q: Can owner change her S-Corp to be taxed as C-corp so her income for support will be lower based on W2 only in divorce?

She is paying high alimony & child support now due to high income from W2 + K1( from business income reported on her tax return). Is it legal for her to change her S corp to C-corp so her future income from C corp will be far lower that is based on W2 only? Her company is growing and needs to... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Feb 9, 2021

It depends upon the terms of the Separation Agreement/Divorce Judgment and the Judge's perspective on the level of income available for alimony and child support.

1 Answer | Asked in Business Formation, Business Law, Contracts and Tax Law for Massachusetts on
Q: I am trying to start my own business and I honestly have no clue where to start. Some advice would be appreciated! Tkyou
Joanne Belasco
Joanne Belasco
answered on Feb 2, 2021

Congratulations! There really isn't an easy way to answer this question. A lot depends on what kind of business you are starting and what form of business is right for you. You would need to make sure the name is available. As to the form of business, an LLC might be perfect for one person... View More

2 Answers | Asked in Divorce, Estate Planning and Tax Law for Massachusetts on
Q: My spouse's dad passed away in May and the estate is being questioned by my wife and her 3 siblings.

My spouse refuses to tell me anything and has also told her lawyer to tell her siblings tell me nothing about what is going on. My question what rights do I have to be included in the outcome of the estate distribution among my wife and her siblings ?

Anthony C. Adamopoulos
Anthony C. Adamopoulos
answered on Dec 29, 2020

Your question: "My question what rights do I have to be included in the outcome of the estate distribution among my wife and her siblings ?"

Based only on what you write, none.

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3 Answers | Asked in Real Estate Law and Tax Law for Massachusetts on
Q: I co-own a property in Massachusetts. The other owner is buying me out. Are there tax issues I should be aware of?
Steven J. Fromm
Steven J. Fromm
answered on Nov 17, 2020

You will have a taxable gain based on the sales proceeds less your basis in the property. If the property was subject to depreciation, then you would have "recapture" income. This recapture income would be taxed as ordinary income and not as capital gain income. Any amount of gain in... View More

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1 Answer | Asked in Tax Law for Massachusetts on
Q: I received a stimulus payment for myself but it did not include the amount for my 11 year old.

My son receives SSI and I receive SSDI, does this affect the timing of his deposit or should it have been deposited at the same time if I was going to receive it? I filled out the form online prior to the SSDI deadline to include my dependants.

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

You'll need to update your information via the Get My Payment website before May 5.

1 Answer | Asked in Tax Law for Massachusetts on
Q: Can my C corp forgive a loan to myself?

I have a business that is set up as a C Corporation. Last year, I took a personal loan from the company of $10,000. Can the corporation forgive that loan as long as I show it as income on my personal return? It seems it might be looked at as a way to circumvent Social Security taxes. Is it better... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Apr 2, 2020

It creates a dividend when forgiven. You also add interest at a minimum of the applicable federal rate for the period.

Dividends are not subject to employment taxes, but they are taxed twice. Once at the corporate level and once a dividend. If you're trying to minimize taxes an...
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2 Answers | Asked in Divorce and Tax Law for Massachusetts on
Q: Our MA divorce court date was 11-30. Can we file taxes as single?

One lawyer says that due to the nisi period, we have to file married or married/separately. The other and my ex's tax guy says we file single. Which is correct?

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

Your marital Status is determined as of year end. If you're divorce was finalized by the issuance of a decree on 11.30.19 you would file Single for the year assuming no dependents and you did not remarry prior to the end of the year (yes, I've seen it).

Don't take tax advice...
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1 Answer | Asked in Estate Planning and Tax Law for Massachusetts on
Q: Can remainderman living in home 5 years as a care giver get the capital gains exemption if house is sold prior to death

I am a remainderman on my mom's life estate. She sold the house to my brother and I 17 years ago for $1 and kept a life estate. I have lived here for 5 years as her caregiver until she went into a nursing home. We have to sell the house prior to her passing because we can't keep it.... View More

Nina Whitehurst
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answered on Sep 24, 2019

Yes, the Section 121 capital gains exclusion applies to remainder interests. Here is an excerpt from that statute:

(8) Sales of remainder interests For purposes of this section—

(A) In general

At the election of the taxpayer, this section shall not fail to apply to...
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1 Answer | Asked in Tax Law for Massachusetts on
Q: What would Massachusetts State tax, Federal Tax and any fines and fees be on early withdrawal of a retirement fund?

I am disabled and collecting SSDI in Massachusetts. My spouse has offered an out of court divorce settlement of a TIAA in with four accounts totaling $110,000 (Qualified Retirement Plan, Tax sheltered annuity plan, Tax-deferred annuity Plan, Define Contribution retirement plan).

I would... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Aug 26, 2019

Federal would be ~24% depending on other income and deductions and 5.05% for Mass.

Because the transfer is pursuant to a divorce your spouse doesn't have any tax ramifications for withdrawing the funds and you only have to pay tax on taxable withdrawals, no early withdrawal penalty....
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2 Answers | Asked in Tax Law for Massachusetts on
Q: Hello. I need to write a letter of Compromise to IRS. I owe around $36K and want to know if I can offer to pay nothing

I don't work, have a CORI, no assets i.e. real estate, 401K or pension. Have an Autistic son and a wife. We live with our parents so they support us. My Net Worth is at ( -36,000 plus I'm on the hook for another $70K that company is suing me for equipment I bought and the machines all... View More

Linda Simmons Campbell
Linda Simmons Campbell
answered on Jul 21, 2019

An Offer in Compromise is not submitted via a letter. You have to fill out a financial statement and submit supporting documentation for your expenses, as well as Form 656. Without more details we cannot tell you if you are eligible or not. You can try submitting an Offer on your own, hire an... View More

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