Get free answers to your Tax Law legal questions from lawyers in your area.
Divorce papers yet. Can I file "single" for 2017 though we are legally married?
answered on Nov 17, 2017
If you are not legally separated or divorced you can only file married filing jointly or married filing separately.
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.
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.
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.
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.
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 
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
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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
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
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
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?
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.
I am a US Citizen and my wife is Canadian
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.
answered on Apr 28, 2017
If you are earning money that isn't subject to withholding, like self-employment, you are supposed to pay "estimated tax payments" which is due quarterly. The advantage is that you won't be penalized.
put into an account in which I have no access to. He refuses to share any of the refund with me. I am not working outside of the home. I care for our five children because of that he says I am not entitled to any of the refund. Can you please tell me is this true and am I entitled to a portion or... View More
answered on Mar 2, 2017
If you truly filed jointly (meaning it was filed with your consent), then you are each entitled to 100% of the refund. No, that is not a typo, you are jointly entitled to the entire refund and the allocation of the refund between the two of you is up to you. If he fraudulently filed a return... View More
We moved in the mold infested home and did several improvements and caught up the taxes to 2016. My siblings names are on the title but refuse to help pay. What can I do to get the title in my name?
answered on Feb 14, 2017
I assume there was a probate and the house was transferred from your Mother's estate to you and your siblings. What you would need to do is either offer your siblings a buyout, or sue for partition. Just because you paid the taxes and improved the property does not mean they automatically owe... View More
He HAS NOT PAID ONE CENT to the IRS. I found this out after being fired and he with held my last paycheck and said by law he had to send to the IRS. My question is isn't this a crime that my employer didn't comply with a letter from the IRS? All the penalties intrest amd fees has piled... View More
answered on Feb 12, 2017
First off there is a limit to the amount of a check that can be garnished so if your employer is withholding your entire check you should file a complaint with the NC dept. of labor.
Second, employer's failure to withhold pursuant to a garnishment order is between ho and the IRS. If... View More
I try to do everything the legal way, I report my tax, I was previously married to a US citizen from which I got full custody of our child
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answered on Feb 9, 2017
If you report 100k for tax purposes, you should have no problem getting 'legal'. If you have custody and the child is a US citizen that should help your situation tremendously. Go consult with an immigration lawyer. Best of luck.
answered on Jan 2, 2017
You would need to submit original copies of the death certificate to the Probate court or the appropriate court for your county. You would then file a motion to be appointed Personal Representative/Executor, depending on what NC calls the position. Once you are appointed you have Probate the estate... View More
My Dad and stepmom live in NC and I am his adult daughter along with siblings. However I live in Virginia. What rights do I have if any to any inheritance when he dies? I don't know if he has a Will and I don't know how to find out if their home is owned by tenancy of the entirety. Do I have right?
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answered on Nov 16, 2016
It all hinges on if he has a will or not and if so, what it says. Children can be cut out entirely - spouses can not, so even if there is a will, you likely will be taking several seats back from wife if he dies before her.
Do I have to claim the $29,000 as income or can I claim it as inheritance?
answered on Nov 10, 2015
Assuming that the house hasn't appreciated since you inherited it, the proceeds would not be taxable as income, and although taxable under state and federal inheritance taxes, would probably be under the exclusion amount. If it did appreciate, the capital gains would be taxable income.
My friend may have been given bad NC state tax advice from an out of state nonprofit. They live outside the US & has used this nonprofit for several years to fill out their taxes. The 1st year they lived outside the US they asked the nonprofit why they did not give them any NC tax forms to file... View More
answered on Oct 4, 2015
While taxpayers are still liable for unpaid taxes, penalties, and interest from bad tax preparer advice, you can sue the tax preparer for providing bad advice (a malpractice claim). I would consider contacting an attorney. As for NC claim, you will need an attorney to review whether the NC claim... View More
Home value is 150,000.
answered on Oct 2, 2015
Are you asking about federal estate tax, federal capital gains (income) tax, or State of North Carolina taxes (estate, inheritance, &/or income)?
The estate would have paid the federal estate tax, if any. You would pay capital gains tax on any increase in basis between the time you... View More
House was purchased in 2003, no mortgage.
All property taxes paid.
answered on Sep 13, 2015
No. It may, however, be subject to state or federal inheritance or estate taxes.
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