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North Carolina Tax Law Questions & Answers
1 Answer | Asked in Tax Law for North Carolina on
Q: I live in North Carolina but I receive a Civil Servant pension from another state. Do I have to pay NC income taxes?

I keep reading different rules about civil pensions rules in North Carolina and wanted clarity.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 10, 2019

Call the state taxing authority or agency and ask for clarification.

2 Answers | Asked in Tax Law for North Carolina on
Q: I filed taxes on Feb 2nd of this year. Liberty tax did not file them right. So I am still having to wait on my return. I

The IRS said to expect my return between end of June to end of July. Is there any way to get legal help for having to wait so long due to negligence of Liberty tax?

D. Mathew Blackburn
D. Mathew Blackburn answered on May 29, 2019

You can file a civil suit against liberty for their mistake, possibly fraud, or malpractice. It will depend on the facts and circumstances. I would suggest reading the service agreement they gave you because it most likely contains limitations on venue and mediation/arbitration clauses among other... Read more »

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1 Answer | Asked in Tax Law for North Carolina on
Q: For four years we have owner financed a house for sellers, and they are about to pay their loan to us in full.

Can we take those final loan proceeds from the sale of a house and pay off the mortgage on our current primary residence which we are about to make into a rental property?

D. Mathew Blackburn
D. Mathew Blackburn answered on May 22, 2019

Yes, once you receive the funds you can do whatever you want with them. It's not going to change the tax ramifications.

1 Answer | Asked in Real Estate Law and Tax Law for North Carolina on
Q: I'm wanting to purchase a family home the most inexpensive way without using bank financing.

My grandma wants 120k for her property (free and clear), which I just moved into. I'm also an investor that plans to update the home, possibly cash out refi, and rent it out after purchase. I'm wondering what options I have as far as purchasing. 120k is top of the market price... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 6, 2019

There is no difference between seller financing within a family and seller financing involving strangers. In either event, to protect yourself and your grandmother from possible trouble later, you and your grandmother should hire a lawyer to draw up all of the necessary papers to consummate the... Read more »

1 Answer | Asked in Tax Law for North Carolina on
Q: Is it legal for NCDOR to send letter of tax garnishment satisfaction, then later send letters that money is still owed?

NCDOR sent a letter that the garnishment for taxes in 2008 and 2010 had been satisfied. Years later, they start sending letters stating that money is still owed for those years. When asked about this, the lady said that it was for an amount that was written off, but later added back on. Is this... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 24, 2019

Sure; but before you do, be sure the NCDOR is talking about taxes for 2008 and 2010, and not some other year.

1 Answer | Asked in Tax Law for North Carolina on
Q: I got property tax on car when I used in Connecticut. From 2003 to 2018. Amount is over $6000.00. How to setie

I moved to NC in 2003.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 15, 2019

This question is confusing as written. It appears you are saying you failed to pay Connecticut personal property tax on your car(s) for the past 15 years, then moved to North Carolina; and now that Connecticut has started dunning you for the taxes, you are asking lawyers how to settle? Is that... Read more »

1 Answer | Asked in Tax Law for North Carolina on
Q: Where Can I get Help with IRS Form 8886.Not sure if I have a reportable transaction. 5 CPA's and IRS could not help

I have received a K-1 (form 1065) as part of a tax package associated with my investment in iShare S&P Commodity-Index Trust. My financial advisor purchased 256 dollars of the EFT, and sold 2 shares at 16 dollars each. Those are all the actions related to the ETF from my transactions. The... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 3, 2019

The reason you have been unable to get any free advice or help from the 5 CPAs and the IRS is probably because the amount of money involved is to small. Asking lawyers is a waste of time too. De minimus non curat lex.

1 Answer | Asked in Traffic Tickets and Tax Law for North Carolina on
Q: I have a friend who when he was younger got about 4 driving with a license 20 years ago can he get a license in NC now

he was driving with out a license and also got dwis (he never had a license) he said last time he went to court i think around 20 years he was told to do dwi assesments he did not finish ( his mom tells me he was told he would never get a license ,,he never had them ) but can he get them in nc... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Mar 30, 2019

It is possible. From your description, he would need to fully comply with the requirements set forth in his DWI's then he would need to request a DMV hearing but their may be other things he needs to do as well.

1 Answer | Asked in Tax Law for North Carolina on
Q: Can the NC State Dept. Of Revenue garnish Tax refunds for taxes they say are owed from 1999 but the IRS has no record of

The NC Dept. Of Rev. has taken my tax return for the last 3years applying it to what they say is tax I owed from my 1999 sole proprietor business.. The IRS says they have no record of it they don't keep records past ten years

Linda Simmons Campbell
Linda Simmons Campbell answered on Mar 15, 2019

If you owe the IRS a debt that they are collecting on they should be able to provide you with an account transcript. Since they are saying they do not have a record of the debt, ask NC what the debt is for and ask for proof that it is owed.

1 Answer | Asked in Tax Law for North Carolina on
Q: I just submitted my 2018 tax return yesterday. I forgot to add a 250 dollar 1099 misc amount in the return

Should I wait for the IRS to contact me or should I completed a 1040x amended return. I have read online both answers.

D. Mathew Blackburn
D. Mathew Blackburn answered on Feb 21, 2019

If you amend and pay the difference you can resolve it now.

If you wait for a letter from the IRS there will be interest and penalties.

You should also calculate the tax that would be owed so you know what you're looking at as far as payment interest, and penalties.

1 Answer | Asked in Immigration Law and Tax Law for North Carolina on
Q: My wife worked with a itin number last year.If I file a i130 petition for her will that be a problem in the near future?
Kelli Y. Allen
Kelli Y. Allen answered on Jan 27, 2019

If you are a U.S. citizen, no that would not be an issue .

1 Answer | Asked in Tax Law for North Carolina on
Q: are you responsible for paying taxes on home not in your name and you never lived in. Husband who owned it died.

I remarried. My husband had a home that was in his first wife's name she was deceased. After our marriage he was in severe accident and foreclosure happened on home. His name was never on deed and I never lived in the house or was not connected to it in anyway. Foreclosure notice went to his... Read more »

James Richard Yandle
James Richard Yandle answered on Dec 16, 2018

I assume you are talking about state INCOME tax (not local county property tax, or other type of tax). And, i'm guessing the issue arose from a 1099-C Cancellation of Debt, to the now deceased husband, from the foreclosure, (tax year 2016, based on timing?). Further, I'm guessing you... Read more »

1 Answer | Asked in Tax Law for North Carolina on
Q: Am I required to have an attorney with me if I'm called in for an audit or can I go by myself?
Linda Simmons Campbell
Linda Simmons Campbell answered on Sep 26, 2018

You can always go on your own but I usually recommend at least speaking with an attorney first. Frequently it is to your benefit to hire an attorney.

1 Answer | Asked in Tax Law for North Carolina on
Q: Ask TAX question for selling apartment oversea (<240k)

I came to USA 20 years ago, and I bought an apartment oversea before I came to USA, I hold green card 5 years ago, I became to be USA citizen this year. I never own a house in USA since I came to USA, and I rent apartment all the time. I sold the apartment and got less than $ 240,000 this year and... Read more »

Michelle D. Wynn
Michelle D. Wynn answered on Aug 10, 2018

You will need to declare the income on your 2018 income tax return when you file it next year. If the money was held in a foreign bank or other account, you may also have other filing obligations such as a requirement to file an FBAR or an IRS Form 8938. I suggest you use a professional to prepare... Read more »

1 Answer | Asked in Tax Law for North Carolina on
Q: In March I filed my taxes via sprintax and paid what I owed. But I forgot to mail the tax documents. Am I in trouble???

I am an international student and this was my very first time filing taxes, so I was completely confused on a lot of things. I filed using Sprintax and paid the $92 I owe the state of North Carolina online as well. But the problem is, I didn’t know that the next step was to mail the signed... Read more »

Eric Steven Day
Eric Steven Day answered on Jul 19, 2018

Assuming that you paid the full amount due on the tax return in a timely manner you shouldn't have anything to worry about. Most states as well as the federal government base any penalties related to the late filing of a tax return on whether or not their is still a liability when the return... Read more »

1 Answer | Asked in Tax Law for North Carolina on
Q: I'm a self-employed blogger and would like to know what business expenses I'm legally allowed to deduct?
John Espinosa
John Espinosa answered on Jul 5, 2018

Schedule C has the broad categories of business expenses you can deduct: https://www.irs.gov/forms-pubs/schedule-c-form-1040-profit-or-loss-from-business

1 Answer | Asked in Tax Law for North Carolina on
Q: I'm paid under the table as a dogsitter. How does that affect my income taxes?
Eric Steven Day
Eric Steven Day answered on Jun 1, 2018

Whenever you have an accession to wealth for services that were provided to another individual, you should report that income on your tax return. Because this job would be considered self-employment, you will be responsible for the income taxes associated with the net proceeds of the job as well... Read more »

1 Answer | Asked in Tax Law for North Carolina on
Q: My job is not withholding state or federal taxes from my checks even with 0 exemptions. They only withhold SS and medica

...Medicare. They claim I don’t make enough per paycheck to withhold state taxes. Is that accurate? I know In NC a 1099 doesn’t have to pay state taxes if they make under $600 that year BUT I’m a w2 employee. I’m getting frustrated because I feel like I’m not getting the truth. And if I... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Apr 27, 2018

Ask your employer to withhold a specific dollar amount if you are worried about underwithholding. That way it will not be based on a percentage.

1 Answer | Asked in Tax Law for North Carolina on
Q: NC resident. Sold former primary residence in VA in 2017. Never rental. With which state do I file income tax for 2017?
Gregory Herman-Giddens
Gregory Herman-Giddens answered on Apr 4, 2018

You have to file a VA non-resident return along with an NC resident return.

1 Answer | Asked in Tax Law for North Carolina on
Q: Can I deduct my moving expenses if I moved from overseas for a job, but haven't worked for a US company abroad?

Hi, I'm an American citizen who lived abroad for two years. Last year, I moved back because of a better job opportunity, but I'm not sure if I can deduct my moving expenses. I keep reading if expenses occurred 'related' to the income. What does it mean? The company I worked for... Read more »

Michelle D. Wynn
Michelle D. Wynn answered on Mar 26, 2018

For 2017 taxes, you can deduct your moving expenses if you returned to the US to start a new job or to work at a new location for your prior employer. You can find more information about this on the IRS webpage for moving expenses (IRS Publication 521): https://www.irs.gov/publications/p521... Read more »

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