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New Jersey Tax Law Questions & Answers
1 Answer | Asked in Business Formation, Employment Law and Tax Law for New Jersey on
Q: If I am the founder of a non-profit and am planning to pay myself according to a set salary, do I count as an employee?

Main thing is, I'm trying to set up a payroll, and I just want to know what to tell the payroll company (e.g., ADP) when they keep asking about the "employee."

D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 11, 2019

Yes, you're an employee.

1 Answer | Asked in Family Law and Tax Law for New Jersey on
Q: Can i sue my father for threatening my mother to give her income tax returns to him

I was living with my mother at the time this happened but i was getting my things to live with my father, and this was recently in late April. I just recently found out from my mother that she was threatened for the dependent tax return money, she did not know she had a right to keep it. My father... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Aug 20, 2019

Thank you for your question. I'm sure it is frustrating to watch your mother go through this. The short answer is No. You do not have standing to sue a third party, your mother is the one who will be potentially injured. Also, suing someone is typically for personal injury cases.

If your...
Read more »

1 Answer | Asked in Tax Law for New Jersey on
Q: Can NJ Department of Revenue put a lien on my wife's house for tax issue related to my LLC?

I’m a member in an LLC. The person responsible for keeping our books failed to file Sales Tax returns for years. The NJ Department of Revenue send me a certified letter claiming that I’m personally responsible for these taxes. The LLC never paid the taxes owed. My question is can NJ put a lien... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Aug 9, 2019

Yes they can. You should work on getting this resolved soon.

1 Answer | Asked in Real Estate Law and Tax Law for New Jersey on
Q: My house was foreclosed on a tax lien The people who paid my taxes unknowingly to me did a fraudulent transfer.

They are trying to evict me and I still own the house. Who can help me I need a public defender

D. Mathew Blackburn
D. Mathew Blackburn answered on Jul 16, 2019

Public defenders are not available for civil or administrative matters. You'll need to retain counsel to advise you on your rights and responsibilities.

1 Answer | Asked in Tax Law for New Jersey on
Q: My Mom passed recently & lived in NJ. She left life policies for 3 sons. 2 in NJ & me in PA. Are taxes due to NJ or PA?

My Mom lived in NJ, as do my two brothers. I live in PA. We were left a few life policies as beneficiaries, to be divided amongst us equally.

D. Mathew Blackburn
D. Mathew Blackburn answered on Jun 28, 2019

No, life insurance passes outside of Probate and is not taxable to the estate or the beneficiary.

2 Answers | Asked in Employment Law and Tax Law for New Jersey on
Q: My employer isn't taking the correct amount of federal taxes out if any. Ive tried fixing it for months. What can I do

Most weeks they took out nothing. I was claiming 0 and married. I changed it to 1 then back to 0. I now have it 0 married but take out single with an extra $20. But I don't think they are taking the right amount out for any of the taxes now that I started looking closely. I called the labor board... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 25, 2019

The IRS changes the schedules for withholding all the time. It is your responsibility to tell your employer how many dependents you claim and your marital status--and any other info requested on the Form W-4. If you do not think it is enough, you can instruct them to take out additional money. You... Read more »

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1 Answer | Asked in Real Estate Law and Tax Law for New Jersey on
Q: My mother in law is debt about $100,000 She owns 2 homes outright and believes that the debt dies with her Is she right?

She lives on the rental money from a condo and lives in the other home. We have been trying to have her put the houses in her daughters name but she wont because she uses the tax breaks from owning the homes.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 17, 2019

Maybe not. Depending on the kind of debt, if the creditors want to enforce their rights they can sue your mother's estate (i.e., the houses and ay other assets she owns) after she passes. Consult a collections lawyer.

1 Answer | Asked in Tax Law for New Jersey on
Q: If I foreclose on a property I hold the lien cert on ... do I get my premium and or subsequent payments returned to me?

I am within the 5 years

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 3, 2019

If you are talking about having a property tax lien on real property that you have been paying taxes on, you are entitled to receive the money you "invested" plus the statutory interest accruing for the number of years you have held the tax lien. If the owner ever tries to sell the property the... Read more »

1 Answer | Asked in Tax Law, Real Estate Law and Probate for New Jersey on
Q: Will I eventually have to pay inheritance taxes on my own equity investments on home owned by my insolvent mother?

My sister and I together inherited half a summer home from our father. Our mother owns the other half. We want to buy out our mother and we have the funds to cover her half of the equity. But we can’t get a loan to cover the remaining mortgage, because the property is a duplex, not our primary... Read more »

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

There are at least four different but related legal issues involved here. One of the answers includes practical advice which if followed could eliminate all other issues. Consider hiring a good lawyer to help you chart a path through this minefield.

2 Answers | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for New Jersey on
Q: We want to buyout our mother, but her name must remain on the dead. How can we make it so that she has < 1% ownership?

My sister and I each inherited 1/4 of a vacation property in Brigantine NJ upon our father’s death. Our mother owns the other half. My sister and I have been paying the mortgage for 5 years now and we want to invest a large amount of money on repairs and improvements. We want to buyout our... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Mar 30, 2019

Your question is far too fact specific and beyond the scope of this forum. Your situation will require an in person consultation and detailed analysis. This is beyond the scope of what most attorneys would handle in a free consultation. This is a very complex situation, more so than you probably... Read more »

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1 Answer | Asked in Tax Law for New Jersey on
Q: mother has dementia, are expenses for home health aides in her home tax deductible for the year 2018 under medical?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 4, 2019

You really should ask this question to your CPA not lawyer although sometimes a lawyer may have both licenses.

1 Answer | Asked in Divorce, Family Law, Tax Law and Communications Law for New Jersey on
Q: Hello I am a student at William Paterson University I have a project where I have to interview a lawyer.

I have project to turn in on Friday and my assignment is to interview a lawyer is anyone available at this time. I just want to ask a couple of question

Leonard R. Boyer
Leonard R. Boyer answered on Dec 5, 2018

This is not the purpose of this forum. Call an attorney during their business hours.

1 Answer | Asked in Real Estate Law and Tax Law for New Jersey on
Q: If I bought a house with a TAX Abatement that was not disclosed, and recently ended. am I entitled to anything?

I bought a house in 2017, and was not told about an 80% Tax Abatement about the property that ended at the beginning of 2018. Now my mortgage and tax rates have tripled, and I can no longer afford payments. Am I entitled to anything?

Neither our lawyer, the sellers, the Title Company,... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Nov 4, 2018

Your situation is extremely unusual. Why was there a tax abatement in the first place? Tax abatement programs reduce or eliminate the amount of property tax owners pay on new construction, rehabilitation and/or major improvements. They won't completely eliminate your property tax bill - you'll... Read more »

1 Answer | Asked in Tax Law for New Jersey on
Q: I'm a student -- how much can I make before I have to file taxes?
Jon Dowat
Jon Dowat answered on Sep 26, 2018

The answer is simple. Under the new tax code you no longer receive a personal exemption. However, the good news is your standard deduction went from $6,300 to $12,000.

If you have no other deductions then you can earn $12,000 and pay no taxes. However, if you are in the 25% tax bracket...
Read more »

1 Answer | Asked in Business Law and Tax Law for New Jersey on
Q: My business didn't make a profit last year. Do I still have to pay taxes?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 17, 2018

That is a question you have to ask your accountant after he/she sees and reviews your books, but even business that don't make money pay taxes in many cases.

1 Answer | Asked in Tax Law for New Jersey on
Q: If I have tax questions, is it better to speak first with my accountant or a tax lawyer? I don't want to overpay.
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 6, 2018

Accountants are cheaper than lawyers, but make sure you get at least a CPA, otherwise I would not trust the answer.

1 Answer | Asked in Tax Law and Probate for New Jersey on
Q: How do I satisfy Federal Income tax obligation when all of the assets are frozen by the court?

M cousin died in 2017 and owes the IRS money. All of her assets are frozen pending the outcome of the court probate and the sale of her house which doesn't appear to happen too soon. What are my options in dealing with the IRS?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Apr 1, 2018

Sometimes in the life you need to wait. Unfortunately we are not allowed to give specific advise on this site, for that you will need to setup an in office consultation. I suggest you look for a lawyer that primarily deals with IRS issues after the 15th of the month for obvious reasons.

1 Answer | Asked in Tax Law for New Jersey on
Q: How to deal with advance payment income when you received form 1099

I have a business set up as an LLC. In Aug 2017, my client (a global company) did a one year contract with me and for the service to be rendered continuously (SaaS) from aug 2017 - aug 2018.

They sent me an advance payment for 12 months. I received a form 1099 from them that shows a full... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Mar 29, 2018

It depends on the accounting method you are using - accrual or cash. It would likely be to your benefit to have this return prepared by an accountant.

1 Answer | Asked in Real Estate Law and Tax Law for New Jersey on
Q: What are some things I need to know when selling a property internationally?

Property is located in Nurnberg Germany. I am located in New Jersey.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Mar 23, 2018

Best to ask your accountant because it all starts and is about taxes.

1 Answer | Asked in Divorce and Tax Law for New Jersey on
Q: What type of attorney do I need? I was divorced two years ago and I never consulted with a tax attorney through the...

process. Last year I used my ex-husband's accountant to file my taxes. This year I'd like to use an accountant separate from him. I have some legal concerns regarding me purchasing our marital home and the distribution of his 401K.

Linda Simmons Campbell
Linda Simmons Campbell answered on Mar 16, 2018

It depends. If you have tax questions regarding the home and 401K then contact a tax attorney. If you have questions regarding the actual distribution, then contact your divorce attorney.

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