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Ohio Tax Law Questions & Answers

1 Answer | Asked in Real Estate Law and Tax Law for Ohio on

Q: I'm married and we are buying our first home in Summit county, Ohio...

I have 7k premarital debt from an unpaid medical bill that's been transferred to the attorney general's office. They try to offset my husband's state taxes every year but can't because it's premarital debt.

Only his name is on the mortgage.

Can I be put on the deed or will the... Read more »

Joseph Jaap answered on Jul 15, 2019

Your name can be put on the deed as an owner, but then the state can put a lien on your interest in the home. Use the Find a Lawyer tab to consult a local estate planning attorney who can review the financial situation of you and your spouse. The attorney can then assist with preparing wills,... Read more »

1 Answer | Asked in Tax Law for Ohio on

Q: How would working in both Japan and America affect your taxes?

Say someone had a full-time job that they could work remotely that was based in America and then a part-time job that they worked based in Japan while they are living in Japan. Would that person be taxed in America for their income and then in Japan for income earned there?

D. Mathew Blackburn answered on Jul 3, 2019

Pretty much.

You can exclude a certain amount of foreign earned income from your US return if you meet eligibility requirements. There are special rules if your employer provides housing. The rules are different if you are self employed. There are also FBAR and FATCA issues to possibly...
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2 Answers | Asked in Tax Law for Ohio on

Q: My fiancé hasn’t filed taxes in ten years. Will filing married filing separately raise any red flags for him with IRS

Bruce Alexander Minnick answered on Jun 6, 2019

If the two of you get married and if you file your tax return married filing jointly the IRS may or may not look to see if your spouse ever filed. There was a time when the chances of that happening were remote--compared to today. With the advent of high-tech data systems now being used everywhere,... Read more »

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1 Answer | Asked in Tax Law for Ohio on

Q: Is it correct that I and my spouse who are on F1 and F2 visa, filled our 2018 federal tax return as joint on form 1040?

I am studying phd at case western reserve university, ohio. I and my husband who are from Iran , have F1 and F2 visa respectively. last year my husband received ITIN. we filled our recent federal tax return as joint. my income was 23100.00 and 2500.00 federal tax withheld. we used standard... Read more »

Bruce Alexander Minnick answered on Apr 10, 2019

This question involves too many very important interrelated questions to expect definitive answers from lawyers on this forum. You should consult an immigration lawyer and a tax lawyer because either area of law could affect the outcome in the other area.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Ohio on

Q: What about mowing our property even though we have asked him not to and how many strips beyond what he has taken

What about mowing? How much land is he allowed to claim for mowing beyond what he has already taken do we have to allow, even if we send him the letter as advised?

Joseph Jaap answered on Mar 1, 2019

There is no rule about that. Coming over the boundary line is technically a trespass. Use the Find a Lawyer tab to retain a local real estate attorney who can review a survey and all the facts, and advise you with specifics.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Ohio on

Q: I have a question about property owners rights. We have a neighbor that has been mowing our property and asked not to

We have a situation that our neighbor mows our property even though we have asked him not to and have shown him the property stakes but he still continues and has mental problems, schizophrenia, we don't want to upset him but he has put out a garden and logs to claim it. They unknowingly put up a... Read more »

Joseph Jaap answered on Mar 1, 2019

You could send them a letter giving them "permission" to keep it there, but advising you retain the right to have it removed at any time. Send the letter by certified mail with return receipt, to defend against any claim by them for "adverse possession." Or you could demand that they remove it,... Read more »

1 Answer | Asked in Civil Litigation and Tax Law for Ohio on

Q: I received a settlement from my former employer through litigation for wrongful termination.I received a w2 for the

Portion that wasn’t taxed with the understanding that I have to Pay the taxes myself on this portion. However, I also received a 1099Misc for the portion that was sent directly to my attorney for their fees. This money never touched my hands and I assume my attorney also received the same... Read more »

D. Mathew Blackburn answered on Feb 14, 2019

You report the 1099-Misc on your return and create a counter entry reducing the amount and add a note stating that the income was reported as a W-2.

Keep all your records. There's a very high chance you'll receive a letter from the IRS in 2 - 2.8 years adding the 1099-Misc back in as...
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1 Answer | Asked in Health Care Law and Tax Law for Ohio on

Q: I write off more then I make so in the governments eyes I make nothing, is it legal to receive food stamps and Medicare

I worked for a logistics company which I wrote off more money then I made which I made a nice living. So In the governments eyes I made absolutely nothing is it legal to receive food stamps and Medicare even though I make more then the average?

Matthew Williams answered on Feb 12, 2019

Have you talked to a tax attorney? It’s probably illegal to write off more than you make.

3 Answers | Asked in Tax Law for Ohio on

Q: Can you go to jail for filing an incorrect number on your business's tax returns if it was an honest mistake?

Linda Simmons Campbell answered on Dec 4, 2018

File an amended return. The IRS does not criminally prosecute for honest mistakes. They are looking for cases of fraud or tax evasion. If you file and amend your return, you can request a one-time penalty abatement if you end up owing. It is a one-time abatement so I would not use it for a... Read more »

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1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Ohio on

Q: how would we go about buying a foot of property from the neighbor if our house was built a foot on their property

there was a pre existing fence and we are redoing the fence and it seems our house was built on their property by about a foot.

Joseph Jaap answered on Nov 15, 2018

To resolve that encroachment, you will need to retain an attorney to assist you, and the neighbor would have to cooperate. You also will need a boundary survey, and there could be issues with zoning setbacks. Building a house over a property boundary is very rare. Many things had to go wrong to... Read more »

1 Answer | Asked in Tax Law for Ohio on

Q: Would an international student who works here have to pay taxes?

Matthew Williams answered on Oct 23, 2018

Yes...and should be cautious, outside of work study, employment may be a violation of the terms of the student's visa.

1 Answer | Asked in Real Estate Law and Tax Law for Ohio on

Q: I own property in OH, paid cash. Tax exempt to transfer property to LLC, which wife and I are members? Which exemption?

I want to transfer the property from my name to a LLC of which my wife and I are members. I do not know which conveyance fee exemption to use when filing with the county auditor.

Joseph Jaap answered on Sep 20, 2018

Choice 5(m), and you must provide an affidavit with all the details. Talk to your county auditor for details.

1 Answer | Asked in Contracts and Tax Law for Ohio on

Q: I have a land contracted house that my mom purchased 8 yrs ago. If we sell will she have to pay capital gains tax?

I have live in it for 8 yrs. Land contract was done in my name 3 yrs ago.

Joseph Jaap answered on Jun 22, 2018

Whether there is a capital gain, and whether she pays tax on it, depends on all the facts and her financial circumstances. She should consult a tax professional who can review the facts and advise her.

1 Answer | Asked in Tax Law for Ohio on

Q: We want to use funds from my IRA to pay a $5000 medical bill. What are the tax consequences

I am 70 and my wife is 72 and we file jointly.

Eric Steven Day answered on Jun 14, 2018

If you distribute from your IRA to pay medical bills, the distribution would be considered taxable income and be subject to income taxes at your normal income tax rate. You don't have to pay a 10% penalty for the early withdrawal once you have reached the age of 59 1/2. However, even if you were... Read more »

2 Answers | Asked in Tax Law for Ohio on

Q: Can I deduct child support payments on my taxes?

Linda Simmons Campbell answered on Jun 9, 2018

You cannot deduct child support payments. You can only deduct alimony, which is in turn taxable to the person receiving the alimony. I have seen some divorce agreements set up as unallocated alimony and child support. That means that you may be able to deduct almost all of the payments as... Read more »

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1 Answer | Asked in Tax Law for Ohio on

Q: inherited a 401k as a beneficiary. what is the best way to handle it? was told to set up an inherited 401k plan, take

a deduction now, and smaller deductions over time. Is this the best option?

Eric Steven Day answered on Jun 6, 2018

I am not sure what deductions you would be allowed with an inherited IRA. However, you can roll the 401K into an inherited 401K that will allow you to stretch the distributions from the plan based on your life expectancy. Sometimes, the inherited 401k requires that the whole amount is distributed... Read more »

1 Answer | Asked in Business Law and Tax Law for Ohio on

Q: I bought a condo for my daughter to live in during college.(owned under my LLC) Would it benefit me to list her as

an employee of my LLC and pay her as a site manager since it is a 4 bedroom unit and i will have at least 2 others paying rent?

Eric Steven Day answered on Jun 5, 2018

It seems that if you paid her (a deduction) so that she could pay you rent (income), there would be some sort of wash there with the income offsetting the deductions. The way this might benefit you, is this could then be treated as a rental and you would be able to depreciate the property.... Read more »

1 Answer | Asked in Tax Law for Ohio on

Q: I don't know what to do about 2 different letters I got from the IRS after being audit?

I got audit this year on the EIC and sent all the information they needed. I had to have it sent in by March 12, 2018 which I did. On March 26 I got another letter that says they are auditing my 2017 form 1040 and proposed changes to it. I either have to agree to it and sign the page and send it... Read more »

Michelle D. Wynn answered on Apr 23, 2018

You should respond to the March 26th letter and provide the information again. Even though the inquiries are being handled by the same department at the IRS, it is quite likely that they have not associated the two years in their system and if you do not respond to the March 26th letter, they will... Read more »

1 Answer | Asked in Tax Law, Business Law and Employment Law for Ohio on

Q: company A transfers money from Company B into Company A's bank account #1 and then Company A transfers that money back

to company B's bank account #2 as a loan. is that legal? what would be a reason? I asked the president of the company and he said for me to just do what I am told. I don't feel comfortable with this.

Joseph Jaap answered on Mar 20, 2018

Who is telling you to do that? If it is the company's attorney or accountant advising you to do this, get a second opinion if you are uncomfortable. As president, you have certain fiduciary duties under Ohio law, and so the company should have both an attorney and a tax adviser to provide... Read more »

1 Answer | Asked in Tax Law for Ohio on

Q: I did not file Ohio Federal and state taxes for 2013, 2014, & 2015. What are the consequences for this action?

I did file 2016 Federal and State taxes. However I took early retirement at 62 in April 2017, and also held several parttime jobs in 2017.

How can I resolve these issues and pay my just due?

Thank you kindly!

Linda Simmons Campbell answered on Mar 2, 2018

If you owe taxes you will be assessed penalties including failure to file, late payment, and possibly underwithholding as well as the interest due. File the returns and then request a penalty abatement. The IRS usually will grant an abatement request for the first year or if you have a compelling... Read more »

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