Lawyers, Answer Questions  & Get Points Log In
North Carolina Tax Law Questions & Answers
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... View 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... View 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... View 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... View 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... View More

Eric  Day
Eric 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... View 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  Day
Eric 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... View 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... View 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... View 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... View More

1 Answer | Asked in Tax Law for North Carolina on
Q: we live in nc i work and my husband is retired military and collects social security how do i file my taxes as married

jointly or single? He has 5 yrs previous service before 1989 so I know military pension is exempt.

Linda Simmons Campbell
Linda Simmons Campbell
answered on Mar 21, 2018

If you are married you can only file married filing jointly and married filing separately. It is impossible to tell you which is the best way to file. Generally it is usually beneficial to file married filing jointly but that is not true for everyone. Find a good accountant and they should be... View More

1 Answer | Asked in Tax Law for North Carolina on
Q: Is the spouse of a S corporation 100% share owner responsible for tax issues/investigations related to the business?
Michelle D. Wynn
Michelle D. Wynn
answered on Dec 20, 2017

It is sometimes possible for the IRS (or state taxing authority) to hold a spouse responsible for business tax issues their spouse's business has. I would recommend that if your spouse's business is having tax problems, he/she should get competent counsel to assist in dealing with the... View More

1 Answer | Asked in Tax Law for North Carolina on
Q: My spouse and I have been physically separated for the entire year of 2017 but we have not filed legal separation or

Divorce papers yet. Can I file "single" for 2017 though we are legally married?

Linda Simmons Campbell
Linda Simmons Campbell
answered on Nov 17, 2017

If you are not legally separated or divorced you can only file married filing jointly or married filing separately.

1 Answer | Asked in Tax Law for North Carolina on
Q: If I owe back taxes in NC but move to another state can the IRS still garnish my check for the NC back taxes
Linda Simmons Campbell
Linda Simmons Campbell
answered on Nov 17, 2017

If you owe taxes to the IRS they can collect no matter where you live. Consult with a tax attorney and see if you can resolve your tax debt with some type of collection alternative.

1 Answer | Asked in Tax Law for North Carolina on
Q: I want to buy investment property and sell within 1 year. What tax penalties would my husband and I be looking at?

We are considering flipping a house in Mecklenburg county in NC. We are both employed and make around $150K so I'm afraid the tax penalties may not be worth the time investment.

Gregory Herman-Giddens
Gregory Herman-Giddens
answered on Nov 14, 2017

There are no penalties, you just have to pay tax on any net profit at ordinary income rates, since the gain would be short-term.

1 Answer | Asked in Tax Law for North Carolina on
Q: I am transferring to my daughter my home for the price of one dollar. Do I owe an excise tax and amount. NC
Gregory Herman-Giddens
Gregory Herman-Giddens
answered on Aug 21, 2017

You do not owe any excise tax, but you are required to file a federal gift tax return reporting the value of the home as a gift. Assuming you have not used your $5.49 million gift and estate tax exemption, no tax will be due.

1 Answer | Asked in Estate Planning, Foreclosure and Tax Law for North Carolina on
Q: Are heirs responsible for the taxes on upside down property going to foreclosure? Estate has no assets.

Mother's house in NC had reverse mortgage that upon her death was/is WAY upside down. House is in preforeclosure now, hopefully soon to be in foreclosure. Got a Property Tax bill addressed to susieQ's Heirs. Are my brother and I liable for this tax? No assets. We would have to pay out of... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Aug 1, 2017

You need a local attorney to explain to you why you do NOT want to be involved in the probate of this estate. If your name is not already on the property you do NOT have any responsibility for this, and it seems rather odd to me that a tax bill would be addressed to 'heirs' rather than... View More

2 Answers | Asked in Real Estate Law and Tax Law for North Carolina on
Q: I own a house in North Carolina but my main residence is new york. Do I have to pay north Carolina State income tax ?
Barry E. Janay
PREMIUM
Barry E. Janay pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 6, 2017

Generally you don't have to pay income taxes in a state where you just own property, but if you live there part time and if you earn income from a source there that is a different story.

If I were you I would review the primer here and try to match it to your individual circumstances:...
View More

View More Answers

1 Answer | Asked in Tax Law for North Carolina on
Q: IRS has a lien on house because of owed taxes in 2000-04; lien filed 2008. Is lien active or expired?

My sister and I inherited our mother's house. She passed away unexpectedly Nov. 2015. The estate was closed May 2017. When the lawyer sent us the final paperwork, we were surprised to find that there was a photocopy of a lien on the house by the IRS for [mother's] unpaid taxes 2000-04.... View More

Matthew M Montoya
Matthew M Montoya
answered on May 24, 2017

The short answer is: in general, the lien stays on. In other words, the heirs take the property subject to an IRS lien. This is really the only way that the IRS can still collect on the back taxes that they are owed.

With that said, you should probably do a consultation with a...
View More

1 Answer | Asked in Real Estate Law and Tax Law for North Carolina on
Q: Mother passed away in 1999, left no will. I had 3 siblings. Hubby and I pay the taxes on the home. Who owns the home?

Oldest brother lived in the home until his death 2 years ago. I have allowed his caretakers(2) to stay in the home basically free of charge. Deed is still in mother's name, taxes come to my home addressed to me. Can I put the house in my name without the consent of my surviving siblings?

Gregory Herman-Giddens
Gregory Herman-Giddens
answered on May 22, 2017

You and your siblings own the home, and you cannot transfer it to yourself without consent of your siblings and their spouses, if any.

1 Answer | Asked in Tax Law and Real Estate Law for North Carolina on
Q: My wife and I are planning on buying a home in Duplin County NC. Is there any downside to my name only on the deed?

I am a US Citizen and my wife is Canadian

Gregory Herman-Giddens
Gregory Herman-Giddens
answered on May 2, 2017

Yes. If you get sued, the home is not protected as it would be if it's in both names. Also, if you want her to receive it at your death, it would not automatically go to her.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.