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Massachusetts Tax Law Questions & Answers
1 Answer | Asked in Employment Discrimination, Employment Law and Tax Law for Massachusetts on
Q: I settled an employer age discrimination/retaliation complaint in 2017...can I claim fees 2015-17 on my taxes

I filed a legal complaint shortly after quitting in 2015, and filed a MCAD complaint in 2016. The case was settled out of court in 2017

John Espinosa
John Espinosa
answered on Jan 12, 2018

This irs does allow you to deduct attorney fees paid to recover in a discrimination claim on line 36 of form 1040

https://www.irs.gov/publications/p525#en_US_2016_publink100041600

1 Answer | Asked in Tax Law and Business Formation for Massachusetts on
Q: Where should I register the company in terms of taxes?

Hi,

I live in Boston, and I'm about to start a consulting firm, an LLC. My first customer is in Norway. Should I form an LLC in MA or in Delaware? since my business is purely international.

Jonathan R. Roth
Jonathan R. Roth
answered on Jan 5, 2018

You should register it in MA as you are a MA resident. There is no tax advantage in being a DE LLC if you are the sole member of the LLC and reside in MA. Moreover, if you have a dispute and want to engage the MA courts, you will have to register the DE LLC in MA to do so and the cost will wind-up... View More

1 Answer | Asked in Tax Law for Massachusetts on
Q: Am I required to pay taxes on gains earned from cyptocurrency like Bitcoin if I sell it?
Matthew M Montoya
Matthew M Montoya
answered on Dec 2, 2017

Yes. See https://www.irs.gov/newsroom/irs-virtual-currency-guidance

1 Answer | Asked in Civil Litigation, Tax Law and Divorce for Massachusetts on
Q: Do I need to give a copy of my LLC 1065 to ex-spouse or just my K-1, re exchange of tax return docs annually

If I understand correctly, the 1065 is an informational filing for the partnership. I receive a K-1 from this to use on my individual return to report my income, losses etc. Is my ex-spouse entitled to see the partnership's 1065 informational filing or is it even relevant to my return? He is... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 8, 2017

You should review your Separation Agreement with your divorce attorney as soon as possible to make sure that you haven't obligated yourself to include this form in the exchange process.

1 Answer | Asked in Tax Law for Massachusetts on
Q: What is the time limit for the federal government to penalize you for a past year in which you underpaid?
Linda Simmons Campbell
Linda Simmons Campbell
answered on May 19, 2017

That depends. If you filed a return the IRS normally has three years to audit the return. If there is a substantial understatement of tax (25% or more) the IRS has six years. If any fraud is involved there is no time limit.

1 Answer | Asked in Tax Law for Massachusetts on
Q: Can IRS take my money from my savings account even if its the only money I have to live because of a levy on 2012 taxes?

Im unemployed since 2011, and practically homeless, and that money was the only thing left for me to survive until I find a job. They had already withdrawn the money in september of 2016,

Linda Simmons Campbell
Linda Simmons Campbell
answered on May 10, 2017

If the bank has not sent the money to the IRS then you can call the IRS and ask to be marked Currently Not Collectible based on your unemployment status. If they agree they will release all or part of the levy. You can also contact your local Taxpayer Advocate for assistance or a Low Income... View More

1 Answer | Asked in Admiralty / Maritime, Consumer Law, Gov & Administrative Law and Tax Law for Massachusetts on
Q: How can a state demand boat taxes and fee's from a boat owner who is not a citizen or legal resident of the state?

Massachusetts demands a boat excise tax and several fee's for using their waterways. Regardless the boat owner is not a citizen or legal resident of the state. This also means one cannot vote in the state because the person is not a citizen or legal resident. Examples Here: Boat excise tax; a... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 18, 2017

In the same way you have to pay a highway toll when you're driving on the state roads, you'd have to pay boat taxes and fees for using the state's waters, regardless of residency/ citizenship. The state government is, proverbially, king of its castle. This is the basis of sovereign... View More

1 Answer | Asked in Tax Law for Massachusetts on
Q: Is it possible to get a refund back from the IRS because it was filed beyond 3 years?

My 2011 tax return was completed but the originals to be mailed were accidentally filed with the copies. The taxes were eventually mailed in November 2016. When the IRS was contacted recently they stated that since the tax return was filed beyond the 3 year limit (which I was unaware of the... View More

Matthew M Montoya
Matthew M Montoya
answered on Feb 9, 2017

It wasn't clear what you meant by the return was accidentally filed with the copies. It sounded like you sent the return to the IRS. In any event, the short answer is probably "no". If you could somehow prove that you properly sent the returns to the IRS on time, and that the IRS... View More

1 Answer | Asked in Tax Law for Massachusetts on
Q: can I file an extension until may or June, when I have paid 9 months on my student loans and come out of default?

So they don't take my refund I only made 20,000 for the year. Any way to get out of offset?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 18, 2017

It's best to contact a CPA or tax lawyer directly about this question so they can review your related documents. The best first step is an Initial Consultation with an Attorney. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any... View More

1 Answer | Asked in Tax Law for Massachusetts on
Q: I owed taxes in 2011 i payed them in 2013 the state of mass.keeps sending me a bill even though they agreed it is payed
Jennifer Louise Long
Jennifer Louise Long
answered on Jan 30, 2014

I would encourage you to contact MA and see what your liability was for 2011, what payments were applied for that year, and what (if any) balance remains.

You may owe for other years, or you many be getting billed for interest and penalties that have accrued. It is difficult to say without...
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1 Answer | Asked in Tax Law for Massachusetts on
Q: My father gave me and my sister his house before he died do we have to pay capital gains if we sell it
Smilie Gregg Rogers
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answered on May 18, 2013

Property transferred by gift usually require the recipient to use the Donor's income tax basis. That carryover basis results in the preservation of built in capital gains. Had your father devised the property to you and your sister at death, you likely would have received a basis reflecting... View More

1 Answer | Asked in Tax Law for Massachusetts on
Q: I am trying to negotiate a forbearance on overdue excise tax bill, due to lengthy illness. Legal help?
Eric M Wiechert
Eric M Wiechert
answered on May 6, 2011

It can be exceedingly stressful to manage these things yourself but the IRS has some helpful videos and pamphlets about the process that you may want to review before selecting a professional or trying to work this out on your own. Here is a link to the IRS videos that may be on point:... View More

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