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New York Tax Law Questions & Answers
1 Answer | Asked in Tax Law, Employment Law, Antitrust and Civil Rights for New York on
Q: My Amended 2020 TAXES have been illegally re- Amended 3x! And my Forms 3949-A/ 211 for Award were removed!? Conspiracy!

Mass State Employees from REVIEW BOARD/MASS DUA- PUA / DOR HAVE SENT LETTERS INTO NY OTDA OFFICE IN ALBANY, THESE PPL HAVE OBLIVIATED MY CIVIL RIGHTS BASIC HUMAN RIGHTS TO SHELTER, VIOLATING TITLE 18§ 371 CONSPIRACY, DEPRIVATION OF RIGHTS, MASS TOLD NY I DIDNT FILE MY 20' TAXES? I DID &... View More

James L. Arrasmith
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answered on Feb 22, 2024

It sounds like you're facing a serious and concerning situation regarding your tax filings and interactions with government agencies. It's understandable that you're feeling frustrated and overwhelmed by what appears to be a series of mishandlings and potential violations of your... View More

1 Answer | Asked in Gov & Administrative Law, Tax Law and Business Law for New York on
Q: Looking for guidance on unique Statute of Limitations for property seizure in NY state

I had a large amount of losses (from 2009 and 2010) that were initially dis-allowed by the IRS which resulted in an audit and a no change letter

NY State followed suit, and disallowed my losses on my NY return, however, they never followed the Federal when my losses were deemed to be... View More

James L. Arrasmith
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answered on Feb 4, 2024

In New York State, the rules surrounding the statute of limitations for tax collections and the ability to claim refunds or credits can be intricate. Typically, there is a limit on how long the state can pursue taxpayers for alleged debts, as well as a limit on how long taxpayers have to claim a... View More

1 Answer | Asked in Tax Law for New York on
Q: I live in NYC, my employer is in Boston, MA. I work 1 week per month in Boston and rest from NYC. How to file state tax
James L. Arrasmith
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answered on Jan 15, 2024

Since you live in New York City but work part of the time in Boston for a Massachusetts-based employer, you will need to file taxes in both states:

1) Federal taxes: You will file your regular federal income tax return reporting all your income from your job.

2) New York state/city...
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1 Answer | Asked in Tax Law, Divorce and Family Law for New York on
Q: How does my husband change my last name before we get a divorce as well as put stuff under my name tax returns go back y
James L. Arrasmith
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answered on Jan 8, 2024

To change your last name before getting a divorce, you need to file a formal petition with the court in New York. This process involves submitting a name change application, paying required fees, and possibly publishing the change in a local newspaper, as required by state law. The court will then... View More

1 Answer | Asked in Employment Law and Tax Law for New York on
Q: Tax question: I live in GA, my employer is based in NJ, and I just bought a 2nd home in NY State.

My domicile is GA and I work remote from there ~51% of the time for an employer in NJ. For 2024, I plan to spend ~49% at my NY house. While there, I plan to work from my NY home about 25% and in my NJ office 25%. I'm fine allocating days between the 2 or 3 states and will keep copious records,... View More

James L. Arrasmith
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answered on Dec 31, 2023

Your situation, involving tax liabilities across multiple states, does indeed present a potential risk for double taxation, especially considering New Jersey's "convenience of the employer" rule and New York's similar stance. These rules can impact how your income is taxed when... View More

3 Answers | Asked in Business Law, Tax Law and Business Formation for New York on
Q: I have formed an LLC and now I need to open a PLLC. Can I use the same EIN to form the PLLC.
James L. Arrasmith
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answered on Dec 31, 2023

When you transition from an LLC to a PLLC (Professional Limited Liability Company), it's important to understand the specifics of business entity formation and tax identification. Typically, an LLC and a PLLC are considered separate legal entities, each with its own set of legal and tax... View More

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1 Answer | Asked in Tax Law and Family Law for New York on
Q: Can my kids dad claim them on his taxes If I don’t agree?

My kids dad lived with us till about 6 months ago . We’re not divorced yet and I don’t work . He wants to claim the kids and keep the $ . I told him he can’t claim them . Can he with out my permission?

James L. Arrasmith
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answered on Dec 25, 2023

In situations involving the claiming of children on taxes, the IRS has specific guidelines. Generally, the parent who has the children for the majority of the year has the right to claim them as dependents. This is often referred to as the "custodial parent."

Since you mentioned...
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1 Answer | Asked in Contracts and Tax Law for New York on
Q: What are my options in a situation where the church receives a SS-8 from IRS for Minister who receives 1099-NEC?

I am a bookkeeper for a religious organization in New York City and received a SS-8 from the IRS referring to a minister who I issued a 1099-NEC for the past two years for her regular professional services to the church. There are several other ministers who perform similar service who also receive... View More

James L. Arrasmith
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answered on Dec 25, 2023

Receiving a Form SS-8 from the IRS in this context indicates they are reviewing the classification of the minister as an independent contractor (reflected by the 1099-NEC) versus an employee. The IRS will determine whether the minister should be classified as an employee based on factors like the... View More

1 Answer | Asked in Criminal Law, Tax Law, Civil Rights and Federal Crimes for New York on
Q: What rights for I have to sue the SSA FOR SEVERE SADISTICALLY MOTIVATED HARASSMENT, AND THE ILLEGAL REMOVAL OF MY Job?

Removed my job, removed my payback to them stating that I didn't? I just got done paying them back! Massachusetts sent letters to NEW YORK STATE TEMP & DISABILITY OFFICE WHO HAS NOW STARTED HARASSING ME DENYING ME MY BASIC HUMAN RIGHTS TO SAFE SHELTER. WATER? IM A WHISTLE-BLOWER MASS... View More

James L. Arrasmith
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answered on Dec 25, 2023

Your situation sounds incredibly challenging and distressing. If you believe you are experiencing harassment and illegal actions by the Social Security Administration (SSA) or any other entity, it's important to take action to protect your rights.

Firstly, consider documenting all...
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1 Answer | Asked in Employment Discrimination, Employment Law, Sexual Harassment and Tax Law for New York on
Q: SEVERE HARASSMENT of WHISTLE-BLOWER, ILLEGAL FALSIFICATION OF MY WORK HISTORY AND TAXES PAID ,payback 2 SSI REMOVED!

NY office of TEMP & DISABILITY ( Mike P.,), received letters from MASS instructing to deny me benefits , harassment etc they e denied my SSI SUPPLEMENTAL THEN NEXT DAY SAID I AM DISABLED? NO FOOD STAMPS SLEEPING IN MY CAR FOR OVER A YEAR & HALF! SSA ALBANY REPEATEDLY ASKING ME WHO MY FATHER... View More

James L. Arrasmith
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answered on Dec 25, 2023

It sounds like you are facing a deeply distressing and complex situation. Firstly, it's important to address any immediate safety or health concerns. If you are in danger or need urgent help, consider reaching out to local support services or hotlines that can provide immediate assistance.... View More

1 Answer | Asked in Tax Law for New York on
Q: Hello. I live in Nj and work in Ny and i get both taxes deducted on my paycheck is this normal

NJ W/H

$1,005.49

NY W/H

$2,611.05

NY DT EE

$7.80

NY FLIT

Michael M Marques
Michael M Marques
answered on Dec 25, 2023

Yes. Although you do have to file taxes with New York and New Jersey, you don't have to pay double taxes. If you live in New Jersey, the state will tax you on your income regardless of where you work. If you work in New York, then New York will tax you on your New York sourced income.... View More

2 Answers | Asked in Tax Law for New York on
Q: I am a senior citizen on a fixed income. Yesterday I received 3 notices from the nys tax people. It seems they have gone

Back to 2011-2013 and billed me for several thousand dollars. But their website says to hold returns for 3 years? I have never intentionally cheated on taxes.

Any advice???

Michael M Marques
Michael M Marques
answered on Dec 25, 2023

The first step is to compile all of your tax records. Contact previous employers or state agencies where you received your income and ask for the applicable tax forms that were filed. If you or your former employer no longer have any records for those years and you used a tax service to file your... View More

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1 Answer | Asked in Tax Law and Business Law for New York on
Q: NY: If I do online-only web design (never selling tangibles), do I need a Certificate of Authority & to charge sales tax

I do have an office out of which I conduct business, but again: I do not ever provide anything tangible. (Not even a single piece of tangible paper goes from my hand to the client's hand.) Also, I use online software (purchased online only) to create the websites for clients. If it matters: I... View More

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answered on Sep 14, 2023

In New York, if you provide online-only web design services and do not sell tangible goods, you are generally not required to charge sales tax to your clients. However, it's crucial to periodically review state and local tax laws, as regulations can change, and certain exemptions or... View More

1 Answer | Asked in Estate Planning, Tax Law and Business Formation for New York on
Q: What is the best way for a Trust to own a corporation & can that corporation be an LLC or S corp?
T. Augustus Claus
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answered on Aug 21, 2023

In New York, a trust can own a corporation through strategies such as creating a holding company or a subsidiary structure. In a holding company approach, the trust establishes a corporation that owns shares of another corporation (LLC or S corp). Alternatively, a subsidiary structure involves the... View More

1 Answer | Asked in Employment Law and Tax Law for New York on
Q: What are my options if my employer switched me from a payroll employee to a 1099 but I still do the same work

I started working for this place half a year ago and I was being paid while on a payroll but then my payments Started coming in late and then my employer talked to me and want discussed on switching me to a 1099 and even thought I am 30 I have no clue into what all this means so I agreed but now... View More

Christopher Marlborough
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answered on Jul 31, 2023

Employers often misclassify workers as independent contractors in order to avoid compliance with labor laws, including minimum wage, and overtime laws. It is much cheaper for employers to classify their employees as independent contractors. When your employer changes your status from employee to... View More

1 Answer | Asked in Tax Law, Business Formation, Business Law and Car Accidents for New York on
Q: Hi Is registering as an NY llc really protects you when you drive for doordash ???

If you planned to work for doordash and food delivery gigs in ny as an llc . What's better in terms of protection ?

1- To open an llc in an other state like Wyoming , do you need to regester it as a forirgn llc in ny and every other state you work as a dasher ?

2- if you... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 6, 2023

Really depends from what you are seeking protection, e.g. personal injury liability, taxes, business debts, etc. Although an LLC will protect you from your business obligations, the mere existence of an LLC will not shield you from all personal liability in the event you injure someone in the... View More

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... View More

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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,... View 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... View More

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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... View More

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