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New Jersey Tax Law Questions & Answers
3 Answers | Asked in Divorce, Tax Law and Family Law for New Jersey on
Q: In a divorce if husband has an annuity and I say you keep that and in “trade” I want the house. Why is there a 31% tax

why is the annuity taxed if it’s not being withdrawn?

Richard Diamond
Richard Diamond
answered on Mar 10, 2023

Politely, you need to sit down with an experienced divorce lawyer since it appears that "someone" is doing some fast talking and you have no idea whether the claim is true or not - which means you need someone to represent you who knows how to call B...shit when such claims are made.... View More

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Q: What type of legal services would I need for an SSA IRMAA appeal administrative hearing?

I’m on permanent disability; I would like SSA to use my tax info from 2020 or 2022 as 2021 I only had high amount of taxable withdrawals from my dads Inherited IRA; used to purchase a low income affordable condo & pay taxes & additional money taken out in order to pay taxes etc. I... View More

James L. Arrasmith
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answered on Mar 4, 2023

To prepare for an SSA IRMAA appeal administrative hearing, you may want to consider seeking legal assistance from an attorney who specializes in Social Security law. They can help you present your case in the best way possible, and help you navigate the appeals process.

In addition, it may...
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1 Answer | Asked in Foreclosure and Tax Law for New Jersey on
Q: Question about foreclosure and deficiency judgment and tax forms

My primary residence in New Jersey was foreclosed on and went to sheriff sale. The same bank held the first mortgage position and a second mortgage position on a HELOC. The foreclosure action included both mortgages in the one action. The final judgment included both mortgages as did the Writ of... View More

Liu "Margaret" Yang
Liu "Margaret" Yang
answered on Feb 7, 2023

The 1099A is not the same as a deficiency. After foreclosure, I always recommend that income taxes are prepared by an accountant to protect you.

2 Answers | Asked in Foreclosure, Real Estate Law and Tax Law for New Jersey on
Q: My mortgage company (with escrow) did not pay my property taxes and property was sold at tax sale. What is my recourse?

My original loan provided paid taxes on both lots listed on the deed. A third party then bought my loan and in the escrow account they only paid taxes on one of the lots on my property. The other lot went unpaid for a year and then was sold at a tax sale.

I understand I have a redemption... View More

Morris Leo Greb
Morris Leo Greb
answered on Nov 23, 2022

Speak to a real estate attorney to discuss what action you might pursue.

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1 Answer | Asked in Tax Law for New Jersey on
Q: is a lien holder responsible to pay abandoned property fees on a property they currently hold a lien on?

if not, can the town put the fees on the account as special charges

Leonard R. Boyer
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answered on Aug 20, 2022

There is no clear cut answer to your question.

1 Answer | Asked in Estate Planning and Tax Law for New Jersey on
Q: If I claim my deceased father's property & he's in debt, will I become responsible? Or is it just taxable income?

If it is a debt will I become required to pay his debt if I am heir? If not a debt & income how can this effect my tax liability?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 9, 2022

I suggest you setup a consultation with a lawyer. You have more than a simple question here and a lot will depend on who you are in the will. For example are you executor or just a beneficiary. As for tax liability that should be asked to a CPA

2 Answers | Asked in Real Estate Law, Foreclosure and Tax Law for New Jersey on
Q: Can a town lien in New Jersey add charges after they sold a lien to an investor that certified there were no charges?

Essex County, Township Of Irvington

I owed a lien purchased in December 2016 which certifies that there were no charges before or pending after attached to this lien or property. After paying the taxes for 4 years the city said in 2020 said they "forgot" to add cleaning charges... View More

Morris Leo Greb
Morris Leo Greb
answered on Aug 3, 2022

It depends whether or not a Municipal Tax Search was ordered and received and the information contained. Speak to the title company you used to check title before actually purchasing the lien and the insured the transaction.

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2 Answers | Asked in Criminal Law and Tax Law for New Jersey on
Q: Potential outcome for breaking & entering by breaking a door, simple assault on adult, breaking TRO, IRS tax fraud

I am looking for information on the potential outcome for the above. There was harm done to a child and involvement of DCPP, the assault done to the child has not been established in court due to postponement. I am curious about this outcome as it will severely affect parental time and the... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on May 30, 2022

Jail time certainly looks like it is almost certain for the above offender as this person has multiple charges that could lead to that. That being said everything depends on the facts of the case and how good of a lawyer the defendant hires and lastly never under estimate luck.

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1 Answer | Asked in Tax Law for New Jersey on
Q: LLC sales tax question

I have just opened my LLC online. as a Ltd. Liability Co. - Single Member.

I am confused. When I am supposed to pay my sales tax? every quarterly online? Do I pay under my EIN number? I was told two different things- pay using EIN quarterly- 2: use your SSN and on Form 1040. so i dont know... View More

Leonard R. Boyer
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answered on Apr 19, 2022

Any LLC that is not at least a 3-member LLC is not worth the paper it is printed on. Sales tax must be paid quarterly. Your question is the least of your worries. If you do not have a properly custom drafted LLC by an experienced New Jersey attorney and have your intellectual property properly... View More

2 Answers | Asked in Tax Law and Business Law for New Jersey on
Q: If a small business owner dies in NJ with several year's business taxes unfiled, is spouse liable?

Will spouse need to file back business tax reports, etc.?

Leonard R. Boyer
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answered on Mar 5, 2022

There are far too many variables and unknown facts to provide you with a meaningful answer. You best way of proceeding is speaking with an experienced business and/or probate attorney. With the current economic environment, the IRS is not an agency you want to take any chances with. Good luck.

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1 Answer | Asked in Real Estate Law and Tax Law for New Jersey on
Q: What do I have to pay in Capital Gains taxes in NJ on a home sold as part of an estate - $310k

Sold my inlaws home after death for $310k. What taxes need to be paid on it to NJ?

Morris Leo Greb
Morris Leo Greb
answered on Sep 17, 2021

The question is incomplete. You failed to give the basis. In any event this is a question best asked of a CPA.

1 Answer | Asked in Estate Planning and Tax Law for New Jersey on
Q: My father passed away in July 2018 with a will, leaving my mother as executor. My mother then passed away in December…

She had a will which left me, as their only child, to be executor and recipient of everything she and my father owned. I have taken care of everything including taxes. My father had a pending court case of sorts and it appears he will receive funds as a result which I am told will go to his estate.... View More

Morris Leo Greb
Morris Leo Greb
answered on Aug 15, 2021

Speak to a CPA!

1 Answer | Asked in Real Estate Law and Tax Law for New Jersey on
Q: My mother wants to transfer her real estate deed to me, her son. What would be the best options and procedures.

Property is located in Bayamon PR. I currently live in New Jersey USA. What would be, if any, the tax liabilities.

Morris Leo Greb
Morris Leo Greb
answered on Jul 27, 2021

Retain the services of an attorney admitted to the PR bar!

1 Answer | Asked in Contracts and Tax Law for New Jersey on
Q: How to source a contract termination payout signed in state 1 but terminated after biz relocated to state 2?

I run a single-person LLC consulting business. My business had a substantial contract recently terminated. I signed the contract in 2020 while working in NJ, and it had a "soft lock" where the customer could break the contract in exchange for material penalty payment.

I moved to... View More

Morris Leo Greb
Morris Leo Greb
answered on Jul 21, 2021

No matter where the payment is received, it needs to be reported on your Federal Income Tax return. The implications for State or Commonwealth tax reporting is best answered by an accountant.

1 Answer | Asked in Real Estate Law and Tax Law for New Jersey on
Q: How are property taxes handled if I sell my home before the end of the tax quarter?
Morris Leo Greb
Morris Leo Greb
answered on Jun 6, 2021

The property taxes are adjusted at time of settlement. The adjustment is based on a calendar year not on the the quarters are billed.

1 Answer | Asked in Divorce, Tax Law, Estate Planning and Probate for New Jersey on
Q: My ex wife has recently passed away. Am I or my daughter responsible for any or all of her bills?

My ex-wife passed away last week. She was rushed to the hospital and had no medical insurance. Our daughter is a full time college student, and has just turned 21. Is my daughter responsible for her mother's medical bills? Or any other bills? Such as back taxes her mother owed?

Am I... View More

Tim Akpinar
Tim Akpinar
answered on Dec 30, 2020

I'm very sorry for your family's loss. If you wanted to try reposting and adding Probate and Estate Planning as categories, you could have better chances of a response. There's no guarantee all posts are picked up, but it sounds like something where an attorney could give more... View More

1 Answer | Asked in Real Estate Law and Tax Law for New Jersey on
Q: Judgement lien for cigarette tax for NJ for online ordering.

Years ago I ordered cigarettes online without realizing they were so cheap because tax wasn't charged. My housemate and I are both on deed and both listed as single with right of survivorship. We have never been married and are not in romantic relationship. It is my understanding we both are... View More

Morris Leo Greb
Morris Leo Greb
answered on Oct 16, 2020

The rule is that a judgment is valid for a period of 20 years. However, a judgment creditor may apply to the court to have the judgment extended for an additional 20 year period. When a judgment is docketed, it becomes a lien against all property the judgment debtor owns at the time the the... View More

4 Answers | Asked in Bankruptcy and Tax Law for New Jersey on
Q: What are the effects on a Municipal tax lien, When property owner subsequent files for bankruptcy protection.

Lien is bought and held by private investor. State of New Jersey.

Derek John Soltis
Derek John Soltis
answered on Sep 16, 2020

The lein stays attached to the property and continues to gather interest. If a foreclosure has been initiated, that will be stayed pending the bankruptcy. If chapter 13 is filed, then the lien can be paid off in the chapter 13 bankruptcy.

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1 Answer | Asked in Tax Law for New Jersey on
Q: My son was divorced about 2 years ago. Part of the settlement was for his wife to pay their then due federal income tax

She has not paid and they are billing him. Is there anything that he can do?

Linda Simmons Campbell
Linda Simmons Campbell
answered on Jul 20, 2020

Unfortunately other than taking her back to court he will need to set up his own collection alternative with the IRS. This can include currently not collectible status, an Offer in Compromise, or Innocent Spouse Relief. Most of us offer a free consultation so it would not hurt to speak with a... View More

1 Answer | Asked in Tax Law for New Jersey on
Q: I filed my taxes this year , and someone claimed me on their taxes . I don’t Know how to go about this ?

Last year, I was in a government program from September 2018-May 2019. Afterwards i worked two jobs. I want to know how to go about this situation.

James Daloisio
James Daloisio
answered on Jun 17, 2020

Hello,

Your situation is not uncommon.

You said you filed your taxes, so I'm assuming you mailed your tax return because if you e-filed it'd have been rejected.

If your paper return was rejected and returned to you or if you received a rejection notice, re-file...
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