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New York Tax Law Questions & Answers
1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for New York on
Q: I live in a small town in Orleans County, New York. Many of us just got our new property assessments .

Our assessments went up a minimum of $40,000 per property!!!! Our county is one of the poorest in the state and none of us have improved our property. The law used to be the assessers could not raise the assessment more than $10,000 in one year. I can't find that law now. Can you give me the... Read more »

James L. Arrasmith
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answered on May 7, 2023

In New York State, the rules for property assessments are governed by the Real Property Tax Law (RPTL). According to RPTL Section 305, property assessments must be based on their market value, and should be made at least once every four years.

Regarding the increase in assessments, RPTL...
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1 Answer | Asked in Tax Law for New York on
Q: What is the max I could contribute to an individual ROTH 401K when my AGI is $24,000? Thank you
Daniel Michael Luisi
Daniel Michael Luisi
answered on Apr 16, 2023

See here: https://www.irs.gov/retirement-plans/traditional-and-roth-iras.

Be aware that your deadline for contributions for the 2022 tax year is this Tuesday, April 18, 2023, so you need to make arrangements before then if you are looking to benefit for your 2022 taxes. If you have already...
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2 Answers | Asked in Estate Planning, Tax Law and Wrongful Death for New York on
Q: Can a wrongful death award arriving into sister's estate be divided in 3 (mother and 2 sisters)?

The estate I represent is winning a wrongful death award. My sister passed in an accident. Can the award be divided by the judge to benefit 3 people, (my mother, other sister and I) ? The interest of this would be that the award would not be taxable for anyone.

Thank you,

Claudia

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Mar 27, 2023

So sorry for your loss. Under New York's Estates Powers & Trust Law § 4-1.1, if your sister passed away without any children, the entirety of the recovery would go to your mother. Of course, you can certainly petition the court to divide the settlement proceeds equally among yourself,... Read more »

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1 Answer | Asked in Tax Law and International Law for New York on
Q: Does a Canadian nonprofit that receives an EIN in the US need to pay US taxes if serving US persons virtually?

Hi, I'm starting a nonprofit organization in Canada to do online arts programming with young people who stutter in Canada and in the US. The organization will operate entirely online and from Canada, but will hire US employees. My goal is to be fiscally sponsored by a nonprofit (Fractured... Read more »

James L. Arrasmith
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answered on Mar 19, 2023

As a Canadian nonprofit organization that receives an EIN in the US and hires US employees, you may have US tax obligations. However, whether or not you need to pay US taxes will depend on a number of factors, including the nature and extent of your activities in the US and the terms of any... Read more »

1 Answer | Asked in Tax Law for New York on
Q: Robinhood/TDAmeritrade/Interactive brokers can't change tax status 2022

I changed status in 2022 from non-resident to resident (being on H1b now). But did not update that status before 31st of December 2022 so these platforms (Robinhood/TDAmeritrade/Interactive brokers) refuse to change my status and send me the 1099 form I need to file to the IRS and instead want to... Read more »

James L. Arrasmith
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answered on Mar 4, 2023

If you changed your tax status from non-resident to resident in 2022, you should file your tax return as a resident for the entire year, regardless of whether you updated your status with your investment platforms by December 31st.

Investment platforms like Robinhood, TDAmeritrade, and...
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4 Answers | Asked in Contracts, Real Estate Law, Tax Law and Business Formation for New York on
Q: Hi, I've put my apartment on Airbnb and curious how I should split the profit with my boyfriend.

I got the apartment(lease) by my self and lived there for a year by myself, I put down deposit, I paid a guarantor fee every month, decorated and bought all the furniture, I am doing all the daily maintenance of the Airbnb account and finding cleaner, photograper etc. My boyfriend moved in a year... Read more »

James L. Arrasmith
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answered on Mar 4, 2023

Determining how to split the profit from your Airbnb listing can be a complex issue that may depend on a number of factors, including the financial contributions of each party, the level of effort and involvement required, and any other agreements or arrangements you have in place.

Based on...
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4 Answers | Asked in Contracts, Real Estate Law, Tax Law and Business Formation for New York on
Q: Hi, I've put my apartment on Airbnb and curious how I should split the profit with my boyfriend.

I got the apartment(lease) by my self and lived there for a year by myself, I put down deposit, I paid a guarantor fee every month, decorated and bought all the furniture, I am doing all the daily maintenance of the Airbnb account and finding cleaner, photograper etc. My boyfriend moved in a year... Read more »

Steven Warren Smollens
Steven Warren Smollens
answered on Feb 28, 2023

Dear Brooklyn Tenant

Hello. If your apartment is in a building with at least two more apartments, you must be very careful.

First, your lease may prohibit Airbnb. Most leases in NYC will not allow for use of the apartment for short-term rental. Most leases prohibit profiteering...
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4 Answers | Asked in Contracts, Real Estate Law, Tax Law and Business Formation for New York on
Q: Hi, I've put my apartment on Airbnb and curious how I should split the profit with my boyfriend.

I got the apartment(lease) by my self and lived there for a year by myself, I put down deposit, I paid a guarantor fee every month, decorated and bought all the furniture, I am doing all the daily maintenance of the Airbnb account and finding cleaner, photograper etc. My boyfriend moved in a year... Read more »

Peter Klose
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Peter Klose
answered on Feb 28, 2023

Your question raises some questions. Is your BF on the Lease? I am not sure how you obtained a Lease without a SSN, so I am not sure why that matters now. Also, does your landlord, municipality, and building permit short term rentals like AirBnB? Why is he entitled to any "profit."... Read more »

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4 Answers | Asked in Contracts, Real Estate Law, Tax Law and Business Formation for New York on
Q: Hi, I've put my apartment on Airbnb and curious how I should split the profit with my boyfriend.

I got the apartment(lease) by my self and lived there for a year by myself, I put down deposit, I paid a guarantor fee every month, decorated and bought all the furniture, I am doing all the daily maintenance of the Airbnb account and finding cleaner, photograper etc. My boyfriend moved in a year... Read more »

Carl Nelson
Carl Nelson
answered on Feb 28, 2023

From a practical perspective (which is what it sounds like you are asking), an appropriate way to split income from the unit would be to first deduct all expenses and then to split the net income according to proportions of rent paid.

So first you would deduct all of the fees and costs...
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1 Answer | Asked in Real Estate Law and Tax Law for New York on
Q: The county took possession of my 40-acre parcel for non-payment of property taxes that my mortgage co. failed to pay.

I have a mortgage on property that includes parcels in two towns in upstate NY. The mortgage servicing was recently transferred to a new company and they paid the taxes on one parcel but failed to pay on the second. The county has taken sealed bids and is scheduled to approve the sale at their... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 29, 2022

New York Real Property Tax Law (RPTL) Sections 1110 and 1111 allow you a “right of redemption”, which requires you to pay all back taxes and penalties on the property, usually within 2 years of the lien, to stop a lien foreclosure sale.

If the county has already filed a petition to...
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1 Answer | Asked in Tax Law and Business Law for New York on
Q: Legality of buying one's own products?

I was wondering about the legality of buying one's own products. I was thinking of buying some discounted gift cards for Etsy/Ebay where I sell products, and using them to buy some of my own products, picking up a little profit and boosting my store activity and seller profile. Are there any... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Nov 8, 2022

You have to review the Etsy and EBay terms of service you agreed to when opening your sellers account to determine whether this is a violation of any of their policies which could get you suspended. Legally speaking, apart from terms of service, the only issue I could see is if you are presenting... Read more »

1 Answer | Asked in Tax Law and Business Law for New York on
Q: Can I request nonprofit bylaws from the IRS without the nonprofit being notified of the request?

I started working 3 years ago in a registered 501c3 (school) in New York. I am a school leader and requested to see a copy of the school bylaws so I could understand as much as possible about how the school works. I was told it was an inappropriate request. I have concerns about board governance... Read more »

Matthew Morris
Matthew Morris
answered on Aug 21, 2022

You can almost certainly get a copy directly (and anonymously) from the New York Attorney General's office website. Go to the AG's office's Charities Bureau online. (https://www.charitiesnys.com/home.html) Enter the name of the 501(c)(3) in the "Search Charities Registry"... Read more »

1 Answer | Asked in Tax Law and Social Security for New York on
Q: Am I still able to apply for the previous year's stimulus check?

I applied for ssn on April 2021. i wasnt able to apply for stimulus on 2021 because of covid i never received my number? I was told by someone that i still can apply for the check. If so, am i supposed to file for last year's tax return as well?

thank you

Susan Michele Schaefer
Susan Michele Schaefer
answered on Aug 8, 2022

Most eligible people have already received all three of their Economic Impact Payments. However, you may still be able to file your 2020, 2021 taxes and claim a Recovery Rebate Credit. For more information, see https://www.irs.gov/coronavirus/economic-impact-payments.

According to the...
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1 Answer | Asked in Real Estate Law and Tax Law for New York on
Q: Can my parents gift equity of the home we are buying from them to our son as well?

My husband and I can get gifted $16,000 each and from each parent without triggering any gift tax. The total gifted equity amounts to $100,000. If we can include our son as well then we could have $96,000 untaxed.

Michael David Siegel
Michael David Siegel
answered on May 4, 2022

You are missing a key concept. There is a unified credit. There is no gift tax on any amount in this range. You are mixing lifetime giving with annual giving. If you have no idea what I am talking about, get a good lawyer or accountant for whatever you are doing.

3 Answers | Asked in Real Estate Law and Tax Law for New York on
Q: my brother owns a home, i am his only sister and relative does it automatically pass to me upon his passing

should i get documentation before he passes and how would that impact me in terms of taxes

Elaine Shay
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Elaine Shay
answered on May 18, 2023

Your brother may direct the disposition of his property in any manner he decides upon in his Will. In the event that your brother passes without a Will, if he is a New York resident his property would pass according to applicable law which the following link summarizes:... Read more »

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1 Answer | Asked in Tax Law for New York on
Q: My mother received a wrongful death award (one of my sisters passed in an accident) and she wishes to gift me $100,000.

Do I need to report this gift to the IRS and/or pay taxes on it? My mother is not a US citizen nor a resident here.

Thank you

Daniel Michael Luisi
Daniel Michael Luisi
answered on Apr 16, 2023

There’s no simple answer to this question. There are specialist attorneys who handle these sorts of situations. Not reporting correctly can result in very large liabilities.

1 Answer | Asked in Tax Law for New York on
Q: my mom received a legal award and wants to gift me 100,000. Will this gift be taxable and do i need to report it ?
Daniel Michael Luisi
Daniel Michael Luisi
answered on Apr 16, 2023

It really depends on all the facts. There are lifetime gift limits, rules on reporting settlements to Medicare, Medicaid and the Social Security administration, and many more situations that can only be evaluated on a case by case basis.

1 Answer | Asked in Tax Law for New York on
Q: We are getting income tax bills from New York from 2005-10. What is the statute of limitations?

It so old I no longer have the records. This is the first we’ve heard of this. Thanks

Daniel Michael Luisi
Daniel Michael Luisi
answered on Mar 27, 2023

New York State generally has a 3 year SOL to assert additional tax due on a filed return. But note the key word here: additional. If New York is just restarting collections without imposing additional tax liability on your previously filed returns the result might be different. Consider consulting... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for New York on
Q: What is the purpose of the 15% retention (Hacienda) & what happens with it? Would I get that back?

You and your siblings must appear for the signing of the sales deed, either in person or by virtue of a power of attorney, to subscribe the sale. For each of you who resides outside Puerto Rico, our Tax Code requires that a 15% retention be made at the point of origin (which would be upon the... Read more »

Steven Warren Smollens
Steven Warren Smollens
answered on Mar 13, 2023

That is a requirement of the tax law in that location. https://www.discoverpuertorico.com/industry/download/588201-discover-puerto-rico-form-480-2017.pdf

1 Answer | Asked in Employment Law, Tax Law, Business Law and Collections for New York on
Q: can the dept of labor come after me personally for judgement against non operational s corp in NYC?

I had an S corp in queens NY and there was a judgement against the company from the dept of labor for unemployment insurance during years the company was not in operation. The judgement is in the sum of $3700, can they come after me personally? Also there is another judgement against the company i... Read more »

Michael David Siegel
Michael David Siegel
answered on Mar 12, 2023

You definitely have personal liability for both judgments if they pursue you. I am not sure if the judgment is in your name or not. If not, there would need to be a new suit to make you responsible, but you would lose the suit.

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