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North Carolina Tax Law Questions & Answers
2 Answers | Asked in Bankruptcy and Tax Law for North Carolina on
Q: In nc I owe state taxes and federal taxes back from 2016 & 2017 can I file bankruptcy for these back taxes and all my db
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on May 16, 2022

Certain types of taxes are dischargeable in bankruptcy, IF you have filed a tax return showing those taxes as due longer than two years and four months prior to the date you file for bankruptcy relief.

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1 Answer | Asked in Real Estate Law and Tax Law for North Carolina on
Q: Sibling had cleaned out parents house with no inventory. sibling transferred real estate to them as poa

Sibling transferred property to them as parent was dying and couldn’t speak I assume to avoid probate. Also sibling had apparently gamed the system by purchasing property in my parents and his name do wife couldn’t get it as inherited property can’t be taken. Is this not fraud? Tax fraud?... Read more »

Ben Corcoran
Ben Corcoran answered on Feb 2, 2022

If someone transfers real property to themselves using a POA it is voidable, contact an attorney local to the area and ask them to assist you with having everything undone.

1 Answer | Asked in Immigration Law and Tax Law for North Carolina on
Q: I'm a student in usa under F1 visa and I want to open a uk LTD and sell on the us market on eBay under my company name?

I'm a student in usa under F1 visa and I want to open a uk LTD and sell on the us market on eBay under my company name? It is legal to sell under my company name even if I'm not eligible to work under f1 visa and I should pay taxes to the us or uk government?

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Dec 23, 2021

That would be a de facto visa condition violation that will get your student status cancelled.

2 Answers | Asked in Estate Planning, Tax Law and Probate for North Carolina on
Q: I have a will. Is it also necessary to have a beneficiary designation on file with the manager of my IRA account?

My will covers all of my assets and is not very complex, but the investment company that manages my IRA account has a beneficiary form which doesn't allow the same amount of detail. Upon my death, is it likely that there will be financial, e.g. tax, implications if no beneficiary designation... Read more »

Ben Corcoran
Ben Corcoran answered on May 7, 2021

It will save your heirs some money if you do so. If there is no beneficiary, all of the assets in the IRA will be subject to the audit fees from the Clerk's Office.

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1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for North Carolina on
Q: I am on disability and my parents are both deceased, how do I get my name on the deed since there wasn't a will?

I have been living in the home since 2009 and my daughter and I took care of them until they passed away my mom passed 11/2015 my dad 12/2015 and I just started receiving disability in the summer of 2016. I have been paying the property taxes but now they are saying I owe more money for... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 2, 2021

The former owner is deceased, so he cannot convey. Hire a competent attorney to search the title, determine heirship, and draft an Affidavit of Heirship to be recorded. That Affidavit becomes your recorded source of title. The taxes sound serious. Taxes are a lien against the land, and might... Read more »

1 Answer | Asked in Social Security, Tax Law and Real Estate Law for North Carolina on
Q: How would LLC income affect my Social Security benefit?

I am receiving Social Security retirement benefits. I have a rental property that nets about $4000.00 per year. If I put this property into an LLC (North Carolina), will I have to pay FICA? Will it affect the benefit I currently receive?

Susan Michele Schaefer
Susan Michele Schaefer answered on Jan 17, 2021

Once you reach full retirement age, there is no limit on how much you can earn and still receive your Social Security retirement benefits without any reduction.

If you began receiving Social Security retirement benefits before your full retirement age, Social Security will deduct $1 in...
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1 Answer | Asked in Estate Planning and Tax Law for North Carolina on
Q: Executor will not release fed and state tax returns from estate to heirs. Deceased died august 2016 and estate 5

heirs all related to deceased and estate no settled estate and trust raleigh nc

Ben Corcoran
Ben Corcoran answered on Jan 13, 2021

If you are unsatisfied with how the administrator is handling the estate, you need to speak to the clerk's office. The clerk's office would probably like to close this estate and will be willing to lean on the administrator some to assist you.

2 Answers | Asked in Bankruptcy, Estate Planning and Tax Law for North Carolina on
Q: Will a Notorised Affidavit of Withdrawal of Consent and Rescission of Signatures filed void "criminal court" orders ?

I do not consent to being the Nomde Guerre, dead entity or corporate fiction (ens-legis), named in "ALL CAPS" created by legislature, as I am flesh and blood created by God all mighty and live on the land. As all crimes are commercial in nature ,held in bankruptcy court of equity, in... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 5, 2020

No. Listening and following conspiracy theories will not help you avoid criminal charges.

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1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for North Carolina on
Q: GirlFriend and I bought a house for 280K. Paid 50-50, joint ownership 50-50. If I gift house to GF is there tax issue?

1) Will there be tax liability if I gift the house to GF? Tax liability for either GF or me?

2) Is it possible to gift part of the house annually? For example 10% first year, 20% second year and so on and 5 years later, she owns the complete house?

Nina Whitehurst
Nina Whitehurst answered on Oct 17, 2020

At the present time the gift tax exemption is more than $11 million per person. You could gift your entire share to her all at once and not incur any gift tax as long as that gift plus prior gifts made by you in the past do not exceed $11 million in the aggregate.

1 Answer | Asked in Tax Law for North Carolina on
Q: I owe 17,000 in back taxes for my county, what can I do to keep from losing my home?
Ben Corcoran
Ben Corcoran answered on Oct 15, 2020

Speak to the county and see if they are willing to set up a payment plan. If foreclosure proceedings have begun, it is likely too late for you to do anything.

1 Answer | Asked in Tax Law and Real Estate Law for North Carolina on
Q: If one home owner abandoned Are both owners inturned to pay the property taxes and mortgage payments? Who owns home now

Bf and I bought place together. Then he may someone else, and left me to pay for the mortgage on the property, and the property taxes. I paid the home off alone and now he claims he owns this house

Ben Corcoran
Ben Corcoran answered on Oct 5, 2020

Because you and your BF are on the deed, you both own the house. This means that both you and him have the right to use the property, and it can only be sold with both of your signatures.

Your best option to recover your BF's portion of the mortgage is to refuse to sell unless he...
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1 Answer | Asked in Tax Law for North Carolina on
Q: How is "Principal Residence" defined for the purposes of getting the $250k tax exemption when selling a home?

I am living in two different homes in two different states depending on season etc. I typically live a few monhts in one of the two homes, and then I move to the other and live there for a while. This has been my situation for 10 years. I own one of the homes (State A) but the other home (State B)... Read more »

Ty Czapla
Ty Czapla answered on Sep 23, 2020

My partner, Kacie wrote on article in the Tax Adviser on this topic. See here,does%20not%20recognize%20a%20gain.

1 Answer | Asked in Tax Law for North Carolina on
Q: I purchased a church in Scotland Neck I pastor the church now I am told I have to pay taxes, aren't churches tax exempt?

It was a church when I purchased it and it still has been until this very day I don't know what to do, a member on the Halifax county board owns the property right beside it and he was interested in buying my church however I didn't want to sell it seems to me as a manipulative way to... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 21, 2020

Every city and county and state I have ever heard of requires churches and nonprofit businesses to register and apply for tax exemptions.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for North Carolina on
Q: I have property that was left to my family. I want to Put the property in my name.

The property wasnt left to one person so there is no clear way to use the property. I have been the onlyh person to pay taxes on this property for 15 years and i would like to put it in my name so i can live on it. What do i do?

Anthony M. Avery
Anthony M. Avery answered on Sep 14, 2020

Cannot understand your facts stated. But hire a competent attorney to draft an Affidavit of Heirship, which will record a source of title. Then you need a Quit Claim Deed from the other heirs over to you. If they will not convey, you may have to file a Partition Suit.

1 Answer | Asked in Real Estate Law and Tax Law for North Carolina on
Q: Am I responsible for NC taxes on a house that my deceased husband lived in as a life tenant or are the remaindermen?

My husband died in June and taxes came out in August.

Anthony M. Avery
Anthony M. Avery answered on Aug 6, 2020

If you are the remainderman, then you are the sole titled owner. It would then be your responsibility to pay taxes, but the property stands for the county taxes and is not the owner's personal obligation. It is in rem, so if taxes are not paid the County sells the property and does not sue you.

1 Answer | Asked in Tax Law and Banking for North Carolina on
Q: My 2nd bank account was closed to fraud (Not on my end) I was scammed and someone tried to deposit bad checks

I wasn’t held liable because I received no money nor was in in the state where these checks were deposited. I currently have another bank and have been there for 8+ years

The bank account that was closed I opened during college because I thought the deal seemed fishy and didn’t want... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 6, 2020

If the bank did not find that you were involved in the fraud it should not affect a credit card application.

My response provides only general information and is not intended to provide you with specific legal advice, nor create an attorney-client relationship. You should not use or rely on...
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1 Answer | Asked in Tax Law for North Carolina on
Q: If there is back taxes of $20,000 owed but have not received income tax in 2 years

Can that be considered at least partially so If you made at least $7,000 in income tax?

Linda Simmons Campbell
Linda Simmons Campbell answered on Jun 10, 2020

I am not sure what you are trying to ask. Clarify your question and hopefully someone will be able to answer your question.

3 Answers | Asked in Tax Law, Divorce and Family Law for North Carolina on
Q: I live in NC I do not work I’m a homemaker my husband and I file married joint tax returns. If we get a refund 50/50

Do we split it 50/50 or Im I not intitled to any of it.

Katlyn Ashley Reh
Katlyn Ashley Reh answered on May 23, 2020

If you and your husband are married and file your tax returns jointly, any refund received will be in both spouses names, and it should be divided equally.

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2 Answers | Asked in Tax Law for North Carolina on
Q: Tax law... Married filing separately husband left home for 6 months made no contributions to home can he claim kids

He moved out the home, provided no financial support , moved back into the home, and is now living in the garage. We filed joint tax returns for 2018 he filed separately and claimed the kids because he made more money is that legal? Even though the kids and I never left the home and I provided all... Read more »

David Ostrove
David Ostrove answered on Apr 11, 2020

Whoever pays more than one half of the support may claim a child as a dependent.

Whoever proves that he/she provided more than 1/2 of the support of the child.

It's a matter of proof, by documents.

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1 Answer | Asked in Real Estate Law and Tax Law for North Carolina on
Q: Mama and Daddy passed with no will the house is still in Mama's name. There are 3 grown children there are back taxes

What can we do

David Ostrove
David Ostrove answered on Feb 23, 2020

NO WILL, then typically all assets go to the children in equal shares.

All liabilities, including taxes must be paid FIRST. Then, the remaining assets go to the children. If there are any predeceased children, then typically their heirs at law take their shares. Every state is not exactly...
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