Have a Legal Question?

Get Free Answers From Experienced Lawyers!

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
New York Tax Law Questions & Answers
2 Answers | Asked in Immigration Law and Tax Law for New York on
Q: Impact of income misstatement in N-400 interview on approval

I attended my N-400 interview on September 22, 2025, under the 3-year rule through VAWA. During the interview, I accidentally misstated my income, claiming it was $70,000, while my actual income on my tax transcript is much lower (around $15,000), which qualifies me for a fee waiver. Upon realizing... View More

Remzi Guvenc Kulen
Remzi Guvenc Kulen
answered on Oct 23, 2025

Since you corrected the misstatement during the interview, it is unlikely that this issue alone will result in a denial. USCIS officers assess whether the applicant intentionally misrepresented a material fact. In your situation, the correction made immediately during the interview indicates good... View More

View More Answers

2 Answers | Asked in Immigration Law and Tax Law for New York on
Q: Question about N400 application self-employment reporting since 2020.

Clarification on reporting self-employment history for N400 application. I am preparing my N400 application under the 5-year rule and need clarification on reporting my self-employment history. Since September 2020, I have been self-employed but not registered as a business. Initially, I undertook... View More

Remzi Guvenc Kulen
Remzi Guvenc Kulen
answered on Oct 23, 2025

You should list “self-employed” as your occupation beginning from the date you started performing freelance or contract work, even if you were unpaid at the beginning. The N-400 form is meant to show continuity of your professional activities, not solely periods of paid employment. You can... View More

View More Answers

2 Answers | Asked in Foreclosure, Real Estate Law and Tax Law for New York on
Q: Who gets the proceeds from a house sale in NY after foreclosure and paying IRS debt?

I am selling a house with my partner after living there for 10 years. We are both on the deed, but my partner is on the promissory note and deed. The house is in foreclosure, and we owe money to the bank and the IRS. We also have two children. After paying off the bank and addressing the IRS debt,... View More

Michael David Siegel
Michael David Siegel
answered on Oct 14, 2025

You and your partner as owners. If you are selling before the sale, which is better, then it will be like a regular closing with a payoff to the liens. If you let the sale go forward, then if there is a surplus when the bidders compete at the foreclosure auction, then the money gets paid into the... View More

View More Answers

2 Answers | Asked in Tax Law and Probate for New York on
Q: Should I file a 2012 tax return for my late father, a 9/11 victim, to claim forgiveness or let the liability expire? How does this affect the Victim Compensation claim?

My father was in the Towers on 9/11 and recently died from related injuries. He had significant outstanding federal income tax liabilities, mostly from substitute returns filed by the IRS. I understand that under IRS Publication 3920, income tax may be forgiven for victims of the attacks for 2000... View More

Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 24, 2025

I am very sorry for your loss and for the added stress of navigating both federal tax issues and the Victim Compensation Fund process while grieving. These situations often overlap in complicated ways, and your concerns about timing and strategy are understandable.

Under federal tax law,...
View More

View More Answers

2 Answers | Asked in Estate Planning and Tax Law for New York on
Q: Can two properties in a revocable trust share one EIN?

I have two separate properties under the same revocable trust, and currently, one of the properties has an EIN. Can I use the same EIN for both properties within the trust? What would the tax benefits of this be, and are separate EINs necessary for each property?

Benjamin Z. Katz
PREMIUM
Benjamin Z. Katz pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2025

Properties do not have EINs. If the Trust is a revocable trust, you may use your SSN or my apply for, and receive, a separate EIN. When transferring properties to or from a Trust, the Trust must be identified by either a SSN or EIN on transfer documents. So, to answer your question, you must use... View More

View More Answers

2 Answers | Asked in Business Formation, Business Law and Tax Law for New York on
Q: Launching a taxi-hailing platform in New York: legal considerations for capital income exchange and cash split.

I am a developer planning to launch a taxi-hailing platform in New York, partnering with driver cooperatives. What should I consider legally regarding capital income exchange and structuring the cash split with the cooperatives?

Samuil Buschkin
Samuil Buschkin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 27, 2025

This is a great question with a lot of moving parts. Structuring a platform like this—especially in New York—raises regulatory, tax, and contractual considerations. You’ll want to think through how revenue flows between you and the cooperatives, how profits and risks are shared, and whether... View More

View More Answers

1 Answer | Asked in Tax Law and Contracts for New York on
Q: How to prove $3,000 cash income to IRS without formal records?

I'm a tutor planning to file my taxes but haven't done so yet. Most of my earnings are on a 1099-K, but I also earned about $3,000 in cash last year from a single student through regular weekly payments. I didn't deposit this cash into a bank account and have no formal records of the... View More

Gabriela Firpi-Morales
Gabriela Firpi-Morales
answered on Mar 7, 2025

The $3,000 you earned would be considered as a self-employment income. When filing you tax return, you must report the $3,000 on line 8 of the 1040 Form. For line 8, you must include Schedule 1 in your tax return filings. Schedule 1 will also assist you in determining how much you might owe the... View More

2 Answers | Asked in Divorce, Tax Law and Family Law for New York on
Q: Ex-spouse claimed both kids for EIC against divorce decree terms. Steps?

In our 2023 divorce decree, we agreed that each of us would claim one child on our taxes. Last year, we filed accordingly without any issues. This year, my ex-spouse filed first and claimed both children for the Earned Income Credit (EIC), stating his lawyer advised it was permissible because he is... View More

Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 13, 2025

I understand how frustrating this situation must be, especially when you have a clear agreement in your divorce decree regarding claiming the children for tax benefits. The issue you’ve encountered involves the Earned Income Credit (EIC), which is a valuable tax benefit for custodial parents.... View More

View More Answers

1 Answer | Asked in Tax Law and Business Law for New York on
Q: Will reporting cash income with 1099-K cause audit?

I own a business and need to report my income on a 1099-K. My total income includes $7,000 from the 1099-K and an additional $3,000 in cash earnings not on the 1099-K. If I report both amounts together on my tax return, will my return get flagged due to the discrepancy between my total income and... View More

Samuil Buschkin
Samuil Buschkin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2025

This should not be considered legal advice and you should definitely consult an attorney who understands these issues but your tax return is unlikely to be flagged just because your total income exceeds the 1099-K amount. The IRS expects all income to be reported, including cash earnings. The lack... View More

2 Answers | Asked in Estate Planning and Tax Law for New York on
Q: My father’s house was in a Medicaid Asset protection Trust. I have confirmed it gets a step Up in basis.

Will we also benefit from the single $250,000 capital gains exemption. His trust was a grantor , Medicaid asset protection trust and considered part of his estate at death. He lived in the house for 45 years and died in it as well. He maintained some control of the trust with limited power of... View More

Gregory M. Lendino
Gregory M. Lendino
answered on Feb 19, 2025

The good news is that since the house was held in a Medicaid Asset Protection Trust (MAPT) that was a grantor trust for income tax purposes and included in your father’s estate for estate tax purposes, it should qualify for a step-up in basis upon his death. This means that the basis of the house... View More

View More Answers

2 Answers | Asked in Estate Planning and Tax Law for New York on
Q: My father’s house was in a Medicaid Asset protection Trust. I have confirmed it gets a step Up in basis.

Will we also benefit from the single $250,000 capital gains exemption. His trust was a grantor , Medicaid asset protection trust and considered part of his estate at death. He lived in the house for 45 years and died in it as well. He maintained some control of the trust with limited power of... View More

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 12, 2025

It is common for the grantor of a Medicaid Asset Protection Trust (MAPT) to retain just enough controls to trigger estate inclusion at the death of the grantor and, therefore, to cause the assets in the MAPT to obtain a step up in basis at the death of the grantor.

If a residence is owned...
View More

View More Answers

1 Answer | Asked in Tax Law for New York on
Q: I am taking my previous tax attorney to small claims court for what I think is excessive billing with no results on a

tax issue: Failure to return calls in a timely manner, making a mistake and billing to remedy it, failure to properly inform IRS of POA for my parents (This is their issue, not mine), and the inability to properly access the account to keep me informed.

Is there anything I should know? In... View More

Carli Jo Aelker
Carli Jo Aelker
answered on Feb 11, 2025

Hi!

Few things, if you requested access to the case file and had authorization, being your parents’ issue not yours, then an attorney must provide access.

When it comes to submitting POAs to the IRS I would confirm whether the issue was on the attorney’s end or the IRS’....
View More

2 Answers | Asked in Tax Law for New York on
Q: I haven't filed taxes in several years. Should I file 2024 or will I first have to go back and file past years?

I didn't file federal and NY State for several years due to cancer treatment. I'm now cancer-free and wondering should I file 2024 and wait for a response, do I need to file all previous years before anything, or if I should do something else? Thank you!

Carli Jo Aelker
Carli Jo Aelker
answered on Feb 11, 2025

If you possess a filing requirement then you will need to file your back taxes. This will depend on income earned and filing status (single, married filing joint, etc). If you are unsure of the income earned for your missing tax periods you can request a wage and income transcript from the irs.... View More

View More Answers

2 Answers | Asked in Tax Law for New York on
Q: I haven't filed taxes in several years. Should I file 2024 or will I first have to go back and file past years?

I didn't file federal and NY State for several years due to cancer treatment. I'm now cancer-free and wondering should I file 2024 and wait for a response, do I need to file all previous years before anything, or if I should do something else? Thank you!

Carmela Graciela Walrond
Carmela Graciela Walrond
answered on Feb 11, 2025

Thank you for the question, the law states you only have to file for the last 6 years. In addition, you can seek penalty abatement for reasonable cause. Lastly, for your state returns, you can file missing returns through the Voluntary Disclosure program. Voluntary Disclosure program, if approved... View More

View More Answers

1 Answer | Asked in Tax Law for New York on
Q: Can an attorney for billing for time on hold with the IRS only to request a call back?

He billed $500 and just left a message. I am thinking of suing him.

Carli Jo Aelker
Carli Jo Aelker
answered on Feb 10, 2025

An Attorney can bill for their hold time if it is considered a part of their working time.

Within my firm, we often call the IRS and experience very long hold times even when using the particular practitioner line. We bill for the hold time unless we are disconnected during that hold and...
View More

2 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for New York on
Q: How to fill New York State form IT2663 for title transfer into revocable living trust for foreigner.

I am a non-US citizen. I own a condo in NYC which is not my primary residence. I want to transfer this condo into my revocable living trust (domestic). My attorney filled out form TP584 as a conveyance without consideration. Therefore, no transfer tax is due. At the end of this form, it states that... View More

Marco Caviglia
Marco Caviglia
answered on Feb 7, 2025

A revocable trust's assets are still your tax responsiblity, e.g. property taxes, because it is revocable. The form you are filing suggests you are getting income from the property and that is taxable. If you have no confidence in your atorney, you should obtain another one. Do so or take... View More

View More Answers

3 Answers | Asked in Tax Law for New York on
Q: I am selling my house. I am going to give the profits to my son. Do we have to claim it on our income tax forms ?
Marco Caviglia
Marco Caviglia
answered on Feb 7, 2025

According to Publication 525 (2024), Taxable and Nontaxable Income, property one receives as a gift isn't included in his income. However, if property you receive this way later produces income such as interest, dividends, or rents, that income is taxable to you. The obligation to the donor... View More

View More Answers

3 Answers | Asked in Tax Law for New York on
Q: I am selling my house. I am going to give the profits to my son. Do we have to claim it on our income tax forms ?
Phillip Todd Zagotti
Phillip Todd Zagotti
answered on Feb 3, 2025

You will likely have a gift tax reporting issue, and depending on the size of your estate, you might be subject to tax liabilities as the person giving the gift.

That said, depending on the intent and desired timing, there might be more tax-efficient ways to achieve a similar outcome....
View More

View More Answers

2 Answers | Asked in Tax Law for New York on
Q: How do I not get taxed on money I downloaded for a Russian streamer.

He downloaded his earnings from his Russian TikTok account into my United States bank account, via PayPal. It was then transferred back to him via bitcoin I have a 1099 – K from PayPal looking like I earned that money, when I didn’t.

Phillip Todd Zagotti
Phillip Todd Zagotti
answered on Feb 2, 2025

Hello,

This situation seems to occur more frequently than you might think. You could be violating US sanctions, which could land you in some trouble.

Firstly, this could appear to be money laundering. You've received money, likely because the original recipient can't...
View More

View More Answers

3 Answers | Asked in Real Estate Law, Tax Law and Probate for New York on
Q: My mother passed in 2021, she had left the house to me and my 3 children. There is about two years of unpaid property

And school taxes that are behind, the house is still caught in probate court and i cannot make a payment plan since it isnt in my name, and i cannot afford to pay it all upfront. How do i stop the house from going into foreclosure?

Peter Klose
PREMIUM
Peter Klose pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 11, 2024

First of all, don't panic. I am not sure where the property or the probate court are located, but as a sole practitioner, I see this many times a year. Find a small law local firm to probate the will or administer the estate. Nothing is going to move quickly. Gather up all of the... View More

View More Answers

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.