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North Carolina Tax Law Questions & Answers
1 Answer | Asked in Tax Law for North Carolina on
Q: If a farmer (corporation) conserves it’s agricultural property

If a farmer (corporation) conserves it’s agricultural property and receives 50% as a cash grant and 50% as a donation assuming the grant proceeds far exceed farming income, and there is no other non-farm income, does the receipt of the grant disqualify the IRS farmer status?

In essence -... View More

James L. Arrasmith
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answered on Sep 14, 2024

When a farmer, organized as a corporation, conserves its agricultural property and receives a grant that exceeds farming income, the status of "farmer" for IRS purposes can be affected. The IRS defines a "farmer" based on the majority of the income coming from farming... View More

1 Answer | Asked in Tax Law, Civil Litigation, Identity Theft and International Law for North Carolina on
Q: someone other than me is filing returns in my name. The adrress coming back in the portal is coming back to mafia

I had a business hacked and emails. My data was going to my wifes phone and people around me gave me a fight for my accounts. I recovered my accounts and started learning tech. I was in bad shape with my wife and sisterinlaw. Sometimes when we were doing what we shouldent be doing they were calling... View More

James L. Arrasmith
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answered on Aug 29, 2024

You're dealing with a very complex and distressing situation. It's important to protect yourself and secure your personal information as quickly as possible. Start by contacting legal and financial authorities to report the identity theft and the fraudulent activities involving your... View More

1 Answer | Asked in Consumer Law and Tax Law for North Carolina on
Q: I was going to finance a vehicle from the dealership. We did not finalize the loan. Can I get a refund on my down paymen

The car was stolen. I put a report out on my insurance company because I had insurance on the vehicle is at a total loss now since we did not finalize the loan the fees that I paid included with the down payment they did not send to the DMV can I get a refund on my down payment in those fees

James L. Arrasmith
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answered on Aug 10, 2024

You may be able to get a refund on your down payment and fees, but it will depend on the specific terms of the agreement you had with the dealership. If the loan was not finalized and the dealership did not process the paperwork with the DMV, you have a valid reason to request a refund. It’s... View More

1 Answer | Asked in Tax Law for North Carolina on
Q: A NY estate received the balance of an IRA to distribute to heirs and received 1099-R. How is distribution reported?

The estate was used as a pass-thru only.

James L. Arrasmith
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answered on Sep 14, 2023

In this case, the estate should report the distribution of the IRA balance on a final income tax return for the estate, which is typically filed using IRS Form 1041. The distribution should be reported as income on the estate's tax return, and any tax liability should be settled from the... View More

1 Answer | Asked in Tax Law for North Carolina on
Q: I am trading bitcoin for fiat and the exchange wants me to pay them the capital gains taxes for the irs. Is this legit?

I thought the proceeds came to me and I reported them on my taxes. Why would I pay them the taxes?

James L. Arrasmith
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answered on Sep 14, 2023

It's typically the individual's responsibility to report and pay their own capital gains taxes on cryptocurrency transactions to the IRS. If the exchange is asking you to pay the taxes directly to them, it raises concerns. You should consult with a tax professional to ensure proper... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Tax Law for North Carolina on
Q: If I pled guilty to a conspiracy to traffic in federal court do I have to pay a drug tax no drugs were ever found

No drugs were ever taken off my person or from my house. This is a conspiracy charge. The people that showed up to my house said they was taking my property even though they knew they was sending the notices to the wrong address. I had no clue I even owed this 7000.00 in STATE DRUG TAXES. the state... View More

James L. Arrasmith
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answered on Sep 11, 2023

Handling federal criminal charges and the related repercussions, including any potential drug tax assessments, can be incredibly complex. Generally speaking, federal and state proceedings are separate and the obligations or liabilities arising from them might be distinct. Given the gravity of your... View More

1 Answer | Asked in Tax Law for North Carolina on
Q: Is it true, If an individual makes less than $600 a year that the individual does not need to sign a W9?
N'kia (NLN)
N'kia (NLN)
answered on Jun 7, 2023

That's not exactly accurate. Generally, whether or not someone is required to complete a Form W9 is related to how much they are paid (or supposed to be paid) by a specific source of reportable income. Unless an exception applies, someone who receives reportable income from multiple sources... View More

1 Answer | Asked in Contracts and Tax Law for North Carolina on
Q: Business agrees to hire a local police department for off-duty services. The business is asked to sign a contract from

the PD about the pay rate and duties required. Contact signed, &work has been completed, but now business will not pay officers until w9 is filed. This was not in the contact &the pay for each officer would be under $600.

N'kia (NLN)
N'kia (NLN)
answered on Jun 7, 2023

Depending on such factors as the amount of pay a contractor receives, requiring the contractor to sign a W9 may be required by tax law. The party paying the contractor doesn't necessarily need to spell this out in the contract or disclose it ahead of time, because it isn't a term that the... View More

1 Answer | Asked in Tax Law and Public Benefits for North Carolina on
Q: If I receive $23,000/year in disability income can I qualify for a Homestead Exemption if my spouse makes $100,000/year
James L. Arrasmith
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answered on May 7, 2023

The Homestead Exemption eligibility criteria vary depending on the state, so it's best to check with your local tax assessor's office or the relevant state agency. However, in general, the income and assets of a spouse may be considered when determining eligibility for certain tax... View More

1 Answer | Asked in Tax Law for North Carolina on
Q: My girlfriend's employer failed to withhold taxes on her first $10,000 earned. Is this common? Is it allowed?

She filed as "single" with zero deductions and zero dependents. Because no tax was withheld on the first $10,000 she now owes money on her return. Not happy about it.

N'kia (NLN)
N'kia (NLN)
answered on Mar 29, 2023

While it is not exactly "common," it also is not at all unheard of for an employer to fail to make payroll withholdings and deductions. It is often just a matter of oversight, especially with a new employee. However, an employee is ultimately responsible for checking to make sure their... View More

1 Answer | Asked in Car Accidents and Tax Law for North Carolina on
Q: My vehicle was damaged at work by another employee. My employer wants me to sign a W9 to receive payment. Is this right

I was not on the clock but the other employee was. The company is telling me I must sign a W9 because it is income since I didn't get my car fixed before receiving payment. I am not receiving any gains so I do not feel like I should have to pay taxes on being remedied for a loss. Thanks for... View More

Tim Akpinar
Tim Akpinar
answered on Feb 21, 2023

A North Carolina attorney could advise best, but your question remains open for two weeks. Ordinary compensatory damages for bodily injury or property damage are not usually taxable, as a general rule. Double check with a tax attorney or accountant in your state, since this is something they would... View More

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.
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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?... View 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... View 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... View More

Anthony M. Avery
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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... View 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... View 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
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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.

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