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Ohio Tax Law Questions & Answers
1 Answer | Asked in Employment Law, Bankruptcy, Tax Law and Arbitration / Mediation Law for Ohio on
Q: Can an employer be pursued for monies incorrectly withheld and paid to a municipality due to an acknowledged error?

Hired in 2005, I moved to a virtual role during 2012. Following a bankruptcy discharge in 2018 I was notified of a municipal income tax deficiency owed to my residence city. Upon receipt of the notification I worked with the tax authority to attempt to reconcile. This included providing copies of... Read more »

Timothy Denison
Timothy Denison answered on Sep 1, 2021

Yes.

1 Answer | Asked in Employment Law, Landlord - Tenant, Sexual Harassment and Tax Law for Ohio on
Q: I have a few questions about eviction and sexual harassment in the workplace and my right to get my taxes back from the

I have a few questions about eviction and the right to get my taxes back from the hotel I was residing in. I think it will be a very easy case , and I was residing at the hotel when I was confronted by the general manager for allegedly soliciting, but I was told to be smart and not to have any... Read more »

James J. Hux
James J. Hux answered on Aug 3, 2021

This doesn’t really sound like an easy case and is complicated. Make sure you contact an employment law attorney as soon as possible to discuss this in more detail. Some will offer free initial consultations.

Attorney James J. Hux

Hux Law Firm LLC

1 Answer | Asked in Tax Law for Ohio on
Q: I opened a vendor’s license in Ohio, but have not started and have zero sales. I received a sales tax bill?

I have no sales at all, and the bill is for over $3k, unsure what they’re billing for.

Matthew Williams
Matthew Williams answered on Jun 23, 2021

As the holder of a vendor's license, you are required by law to file returns even if no sales occur and no taxes are owed. If you have failed to do so, it's likely you are looking at fines, not taxes. You should review the document you received with an attorney.

1 Answer | Asked in Tax Law for Ohio on
Q: Is there a statue of limitation on how far back state of Ohio to collect state income tax?
Kenneth L. Sheppard Jr.
Kenneth L. Sheppard Jr. answered on Jun 10, 2021

ODT has 7 years from the date of assessment to file a suit against the taxpayer. Once the judgment is rendered then the ODT/OAG has 15 years to collect. If no tax return was ever filed, then there is no statute of limitation to collect.

1 Answer | Asked in Tax Law for Ohio on
Q: I am POA for someone in prison in Ohio...they had 2 stimulus payments sent to my account for deposit...do I send it ?
Andrew Popp
Andrew Popp answered on Jun 1, 2021

Send it where? To their account in prison? A detailed review of the documents and surrounding facts would be needed in order to discuss your options, and opine on the best course of action.

Best of luck.

1 Answer | Asked in Tax Law for Ohio on
Q: Me n my sis inherited trust/house in OH. Will sell. We in FL. Should house be put in our name or leave trust? Tax diff?

We were told cashing check would be easier if house was in our name when sold. However would there be any tax issues if house is in our name when sold as apposed to being in the trusts name.

Andrew Popp
Andrew Popp answered on May 5, 2021

The answer is going to depend on the terms of the Trust. The same holds true for the tax consequences. I recommend speaking with an attorney, either via Zoom or in person, to go through things. A detailed analysis of the Trust will be needed to determine what actions would be most beneficial.... Read more »

1 Answer | Asked in Family Law and Tax Law for Ohio on
Q: I claimed my child in taxes who gets the stimulus money me or my ex husband?
Cathy Cook Esq
Cathy Cook Esq answered on Mar 9, 2021

If you are the custodial parent, you do. If you and your ex have shared parenting, the court may divide the stimulus between you.

1 Answer | Asked in Real Estate Law and Tax Law for Ohio on
Q: State of Ohio holds income tax liens on real estate I own jointly with my wife. The value of the real estate is low.

The sale of the property will not satisfy the tax lien. Other than paying the tax lien, how can I dispose of the property?

Joseph Jaap
Joseph Jaap answered on Feb 19, 2021

If the taxes exceed the fair market value, then if the taxes are not paid, eventually the county will send the property to tax foreclosure sale. If you can't find a buyer willing to pay the tax, then you could try auctioning it.

1 Answer | Asked in Real Estate Law and Tax Law for Ohio on
Q: Can the State of Ohio prevent the sale of real estate if they hold a Tax Lien against the property?

The State of Ohio holds a Tax Lien against real estate that I own jointly with my spouse. The tax debt is solely mine and does not involve my spouse. My spouse would like to sell the real estate and get their share of the proceeds. My share of the proceeds will not be sufficient to pay off the... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 8, 2021

The state will not intervene to stop the sale, but unless all liens and mortgages can be paid at closing, then the buyer will not close the sale. You would have to pay money at closing to make up any deficit, for there to be sufficient funds to pay off the lien. Otherwise, a buyer will not close.

1 Answer | Asked in Tax Law for Ohio on
Q: Do I pay taxes on an inheritance in ohio
Kenneth L. Sheppard Jr.
Kenneth L. Sheppard Jr. answered on Jan 22, 2021

No. There is no inheritance tax in Ohio, but other states there may be. Ohio has an estate tax which the estate pays on the value of the gross estate. Of course, once you receive your inheritance if there is growth on the asset, then you pay income tax on that growth only.

1 Answer | Asked in Tax Law for Ohio on
Q: If I have legally adopted my dog and gave it my last name can I claim my dog on my taxes as a dependent

Tax purposes

Matthew Williams
Matthew Williams answered on Dec 23, 2020

No

1 Answer | Asked in Tax Law for Ohio on
Q: City of Dayton says I haven’t filed my city taxes in 2008 or 2009, is there a statute of limitations on filing taxes?

I think I did file and paid, but I shred all documents after 10 years and no longer have any proof.

Jeffrey J Ferguson
Jeffrey J Ferguson answered on Dec 13, 2020

The non filing of city taxes does not have a statute of limitations. I would need to look a the city of Dayton ordinances to be sure. I would recommend looking to your bank for proof of payment from that period of time if you do not have copies of your paper filings.

A local tax...
Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Ohio on
Q: Tax question about property buyout.

I have the condo deed my name and will sign over after buyout but concerned large personal check may lead to tax issue? We lived there for 3+ years. Should I insist that when he goes to closing the bank give a check or does it matter as far as taxes go? Should be about 85k

Joseph Jaap
Joseph Jaap answered on Aug 27, 2020

The manner in which paid does not affect whether any tax might be due. Contact your tax professional to determine if you will have any tax due on the transaction.

1 Answer | Asked in Tax Law for Ohio on
Q: Are property taxes considered tax law or real estate law?

I need help with our property taxes and don't know where to start.

Jeffrey J Ferguson
Jeffrey J Ferguson answered on Aug 17, 2020

Property tax issues are best handled by a real estate attorney. While they are taxes a person that handles real estate will be needed to address property tax questions

2 Answers | Asked in Civil Litigation and Tax Law for Ohio on
Q: In Ohio. I just received a wage garnishment from the court for back taxes.

In Ohio. I just received a wage garnishment from the court (which I was unaware of since it was back in 2017). Can I still try to make a payment with the creditor or will I have to go to court for my hearing to ask? The creditor was Attorney general. I don't have the money to pay this... Read more »

Matthew Williams
Matthew Williams answered on Aug 11, 2020

If you want to work it out with the Attorney General's representative, you better start discussing it with them. If you wait until court, they will probably just go for the garnishment and get it.

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1 Answer | Asked in Tax Law for Ohio on
Q: Had a tax lien fixed, but how do I stop receiving letters from third parties?

I didn't know I had to report zero sales on a transient vendors license and received notice of estimated taxes due. I called multiple times and was told multiple times it was fixed. Apparently a tax lien was put in place, but around the same time it finally got fixed and I received... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Jun 10, 2020

There are companies that send people out to town halls to compile lists of people with liens and then sell them to companies that offer to help you with your lien. The lists are usually compiled a month or two before they are sold. You are likely receiving letters from one of these companies.... Read more »

1 Answer | Asked in Tax Law and Child Support for Ohio on
Q: Will I get my stimulis check if I owe child support to the state of Kentucky
D. Mathew Blackburn
D. Mathew Blackburn answered on Apr 30, 2020

No, it will be intercepted and sent to KY.

1 Answer | Asked in Tax Law for Ohio on
Q: What is said in the new stimulus package about offsets. Or is this a tax refund

Just thought the stimulus package was to help feed our family and keep bills paid

D. Mathew Blackburn
D. Mathew Blackburn answered on Apr 18, 2020

The only intercepts will be for child support. No offset for past due taxes. It is an advance of a 2020 tax credit and it'll be calculated on the 2020 return. If you got too much good for you you don't have to pay it back of offset your 2020 taxes. If you didn't receive enough... Read more »

2 Answers | Asked in Child Custody, Divorce, Family Law and Tax Law for Ohio on
Q: I have sole Custody of my 6 children. Ex has limited visitation due to DV.

Per our divorce order he is able to claim 3 kids for taxes. What happens to the kids stimulus checks? They solely live with me and I provide all support.

Amy Turos
Amy Turos answered on Apr 14, 2020

This is such a new issue that the Courts are trying to figure this issue out right now. It really depends if he is behind on child support. If he claimed the 3 kids this year he may get the money. If I were you I would file a motion with the Court requesting allocation of the stimulus money if he... Read more »

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