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New Jersey Tax Law Questions & Answers
2 Answers | Asked in Divorce, Real Estate Law, Tax Law and Stockbroker Fraud for New Jersey on
Q: while divorcing from bed & board to be defrauded by quit deed conveyance while ousted marital home sold violates MSA ?

During div. From bed & board attempting amicability for kids only to be subjected to harrasment,false accusations,fraud,non disclosure funds,etc. to keep me away allowing fraudulant quit claim conveyance never signed,etc., shortly after marital home jointly mortgaged sold. MSA stated clearly... View More

Leonard R. Boyer
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answered on Jan 2, 2017

No attorney here is going to second guess your current attorney. You need to trust your attorney and direct all your questions to the attorney. If you cannot work out your differences, after making a serious effort to do so, you do have the right to change attorneys. To properly answer your... View More

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1 Answer | Asked in Tax Law for New Jersey on
Q: My mother claims me as a dependent on her taxes yet provides nothing but emotional abuse. Is that tax fraud?

I'm 21 and living with my grandmother and mother in an extremely emotionally abusive situation. I tried to get away by going down to social services for emergency housing but was denied and left with no other option but to go back. I'm underweight because they only allow me to eat... View More

Leonard R. Boyer
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answered on Dec 17, 2016

No it is not tax fraud, but you need to retain an attorney. If you cannot afford an attorney, contact local law school legal clincis and women's help organizations. Good luck.

1 Answer | Asked in Family Law and Tax Law for New Jersey on
Q: I was granted innocent spouse relief in 2009 can I sue my ex-husband to get reimbursed
Leonard R. Boyer
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answered on Jun 2, 2016

You would have to consult with a tax attorney to find out if you have any statute of limitations problem, but if not, you should be able to file suit. Of course collecting is a totally different issue.

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for New Jersey on
Q: Only the wife is on the deed of real property. The husband passes away. Can the wife disclaim the property?

My parents were married for over 50 years. For some unknown reason, my father put the deeds to all his real property in my mother's name only (primary residence, vacation home, vacant lot, and 6 condos which are investment properties). For NJ estate tax purposes, can my mother disclaim any... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 23, 2016

Maybe, more information is needed and the will would have to be reviewed and remember time limits do apply so I suggest a consultation with a lawyer, it may cost a few bucks but could be worth it in the end.

1 Answer | Asked in Business Law and Tax Law for New Jersey on
Q: I am a personal trainer in New Jersey. I run Boot Camp sessions and asking if I am supposed to charge sales tax

I am charging clients 197 per month and wonder if I am supposed to put 7% sales tax on that for each person. It isn't membership dues, it is personal training boot camps unlimited training sessions per month.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 1, 2016

It depends upon whether the sales tax is a tax on services. Some jurisdictions tax goods and services; others tax only goods. It appears that you are selling a service.

1 Answer | Asked in Tax Law for New Jersey on
Q: Dads wife put me and my siblings with fake last names and fake socials on her tax return. is that allowed?
Leonard R. Boyer
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answered on Mar 30, 2016

Of course it is not allowed. But there probably won't be much if anything that you can do about it.

1 Answer | Asked in Divorce and Tax Law for New Jersey on
Q: Can I file single on my taxes if I am separated and living in separate residences and filed for divorce in NJ?
Leonard R. Boyer
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answered on Mar 16, 2016

Yes, you should be able to, but check with the IRS to be certain. Good luck.

1 Answer | Asked in Tax Law and Real Estate Law for New Jersey on
Q: Can I claim ownership of the property if I pay the taxes due because the previous owner did not pay them?
Leonard R. Boyer
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answered on Mar 7, 2016

Absolutely not! To acquire a parcel of Real Estate by way of tax lien foreclosure, you need to follow the appropriate legal process and do so exactly. You should not even think of doing this without retaining an experienced tax lien foreclosure attorney. Good luck.

1 Answer | Asked in Estate Planning and Tax Law for New Jersey on
Q: I am not clear on how to show the value of a QTIP and offsetting marital deduction on the NJ Estate Return (see details)

My father died in August 2015. I set up a credit shelter trust of $675K in December. It is now worth $700K. When my mother dies and I have to prepare the final estate tax return for her, is the credit shelter trust (QTIP) included on Line 4A and added back (the instructions seem to require this)... View More

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Mar 6, 2016

you should schedule a consult with a tax attorney who has an LLM. doing a return yourself if done incorrect could subject the executor to penalties

1 Answer | Asked in Real Estate Law and Tax Law for New Jersey on
Q: What is the limit in Connecticut for charging a finder fee for funds belonging to a previous owner for a Tax sale?
Leonard R. Boyer
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answered on Mar 4, 2016

You need to ask this in CT

1 Answer | Asked in Tax Law for New Jersey on
Q: Can the NY commisioner of taxtation withdraw money out of my bank account without prior notice?
Leonard R. Boyer
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answered on Feb 24, 2016

A "freeze" can be placed on your account, prior to any money being taken. You should consult with an attorney to determine how this tax debt can be resolved. Good luck.

1 Answer | Asked in Employment Law and Tax Law for New Jersey on
Q: received W2 and 1099misc from same job, why?

My fiance is considered an employee because she is given a schedule of hours that she is told to work, vacation time (for taking days off), set amount of time to take breaks. About twice a month, the company gives mandatory classes for improvement and new learning skills.

The company does... View More

Leonard R. Boyer
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answered on Feb 12, 2016

The reason is simple. The W2 is for wages earned, the 1099 is for commission income, which was probably not taxed.

1 Answer | Asked in Tax Law for New Jersey on
Q: I have owned my home for 2 Years, 5 months. The first year we owned it, it underwent massive renovations

and we couldn't live in it, so we temporarily rented nearby. We have only physically lived in the home for 16 months. Are we subject to capital gains if we sell now?

Marc A. Lewin
Marc A. Lewin
answered on Jan 24, 2016

There's no clear answer provided in the tax laws that would establish your right to the income exclusion for the sale of a principle residence under IRC section 121. The regulations provide that in the case of a taxpayer using more than one property as a residence, whether property is used by... View More

1 Answer | Asked in Collections, Criminal Law and Tax Law for New Jersey on
Q: I think my landlord is committing tax evasion. He's scammed me and should not get away with it. Am I correct about this?

My landlord charges outrageously high regular monthly "donations" of the same amount each month (I thought donations were gifts). He refuses to take a check for his monthly "donation" because he doesn't want there to be proof of rent; he insists on being paid in cash.... View More

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Jan 24, 2016

this is not a criminal law question. this is landlord tenant

1 Answer | Asked in Tax Law for New Jersey on
Q: If I have paid the property taxes my town asked me for last year and now they say they forgot to re-assess me 15 months

ago-when I rebuilt from Sandy-can they now ask me for back taxes?

Leonard R. Boyer
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answered on Jan 14, 2016

Something like this will probably have to be researched in order to answer your question. Good luck.

2 Answers | Asked in Elder Law and Tax Law for New Jersey on
Q: How long does a senior have to live in his primary residence before he can sell it without paying income tax on the sale
Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Oct 1, 2015

the tax is capital gains. How to Figure Your Taxable Gain or Loss Worksheet—Continued pg 3

5. Determine your exclusion limit.

a. If you qualify for an exclusion (based on the Eligibility Test , earlier), there are fixed dollar limits on the amount of gain that can be excluded from...
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1 Answer | Asked in Tax Law for New Jersey on
Q: Starting an Online Wireless Business, what type of tax id is required? Can I form an LLC for a new online business? Sho

Starting an Online Wireless Business, what type of tax id is required? Can I form an LLC for a new online business? Should I form the LLC before the business has even started, before I have a tax id? Need a tax id to get started which one should I have and how do I obtain one for New Jersey?

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 6, 2015

You need specific advice about forming a corporation in your state. Go see a business law attorney about all of this for a full discussion.

1 Answer | Asked in Tax Law for New Jersey on
Q: is grant issue to an individual for research taxable?
Leonard R. Boyer
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answered on Sep 2, 2015

A grant is not taxable income, nor is it for personal use. Good luck with your research.

1 Answer | Asked in Tax Law for New Jersey on
Q: Firstly, what is your fee? I'd like to know if giftcards, earned from taking surveys ,on line; a taxable by the IRS ,NJ
Leonard R. Boyer
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answered on Aug 22, 2015

Just ask a CPA. It will be substantially cheaper. Good luck.

The answer is YES income from any source what so ever is subject to tax.

2 Answers | Asked in Tax Law for New Jersey on
Q: Do I need to file a tax return and shoud I stop the current federal withholding on my current Social Security benefits?

I live in NJ. In 2015 I will only be receiving approximately $16.5k in social security benefits, no other wages,distributions or interest income etc. I currently have 15% withheld for federal tax purposes

Jennifer Louise Long
Jennifer Louise Long
answered on Dec 9, 2014

For federal tax purposes, the general rule states that if Social Security income is your only income those benefits should not be taxable for federal purposes. As a result, you may be due a refund come the end of the filing season. If you continue to have federal taxes withheld, I would encourage... View More

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