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Ohio Tax Law Questions & Answers
1 Answer | Asked in Tax Law for Ohio on
Q: Can IRS still come after me for owning tax for year 2007 or is there statue of limitation? Thank you

My ex lie to that he took care of our tax we own but he file bankruptcy so IRS was coming after me. It is tax for year of 2007. Can they still keep going after me or is there statue of limitation?

Linda Simmons Campbell
Linda Simmons Campbell answered on Feb 5, 2020

There is a 10 year statue of limitations (SOL) on collection. If the taxes were filed late then the SOL may not have passed yet. When your ex-husband filed for bankruptcy that stopped the SOL from running. The SOL stops running until the bankruptcy is discharged plus six months. Without seeing a... Read more »

1 Answer | Asked in Tax Law for Ohio on
Q: Had shared custody of two kids. Ex gave up custody this past Oct. He doesn't have half the time, pays child support.

He wants to still claim one child on his taxes because it is in our agreement. Can he legally do that still?

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 27, 2020

Under IRS rules you have to fill out and sign a form to allow him to deduct the child. This is because the IRS defines you as the custodial parent.

However, you also have a court order that says he gets to claim the child.

So if you don't send over the form and you deduct the child...
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1 Answer | Asked in Tax Law and Child Custody for Ohio on
Q: I was divorced in 2009 in ohio. I'm my decree it states I claim my 3 minor children each and every year even though she

Is residential parent. She has claimed them every year. My question is even though I owe back support is she legally allowed to claim them or shall I claim them and her receive my return? Is she in contempt? The IRS audited me for claiming my children. Is there a statue for this and what is it?

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 2, 2020

If you're not current on support she can claim them. The IRS rules and your domestic orders will not be the same.

If you come current and she still refuses to sign the proper documents to allow you to claim the dependents. Your relief is to file a contempt action in domestic court....
Read more »

1 Answer | Asked in Bankruptcy, Consumer Law and Tax Law for Ohio on
Q: How to handle a difficult local tax issue?

I have tried countless time to make payment arrangements on a local tax which I owe. The agency will not negotiate with me at all. The original debt was $1600. The agency tacked on any additional $1900 in fees and interest. They will only allow 18 months to pay off the debt. I have a small... Read more »

Timothy Denison
Timothy Denison answered on Dec 4, 2019

If you file bankruptcy, it stays ALL collection efforts.

1 Answer | Asked in Tax Law and White Collar Crime for Ohio on
Q: As an 18 year old can I dropout of high school as a dependent on my father's tax papers without him landing in jail?

As I stated i'm 18 and he claimed me as a dependent, if I would dropout of high school can that land him in jail? I just want to make sure he isn't doing anything wrong if I would choose to drop out. He said he can be charged with a federal crime for Tax Fraud and I want to make sure that this... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Dec 3, 2019

The ability to claim you as a dependent is not related to whether you're in high school. The question is did he provide over one half of your support.

1 Answer | Asked in Tax Law for Ohio on
Q: Recently terminated have 41k in a 401k, will probably need the money to live on while I look for a new job. taxes?

understand that 20% will be with held at time of distribution. They said there may also be another 10% liability at tax time but they can't say for sure. How does that work?

D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 26, 2019

Funds distributed from a retirement account before age 59 1/2 are subject to an early withdrawal penalty of 10%.

There are exceptions but none apply to basic living expenses.

1 Answer | Asked in Tax Law for Ohio on
Q: Local tax problems. How to find out how much I really owe?

I've been paying local tax for 2016. I paid for 6 months @$138 a month. I received a certified letter that I owe more than the original amount. They're suing me in court. The original amount was $1700. In just 3 months it's over $2600!

I missed one payment and tried working with them.... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Aug 6, 2019

You'll want to request your transcripts. Those will show where you were assessed tax, interest, penalties, etc...

I would suggest hiring a professional as this stuff is complex and difficult to navigate.

Best of luck.

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
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
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
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
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
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
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
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...
Read more »

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
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
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
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
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
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
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.

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