Ohio Tax Law Questions & Answers

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?

1 Answer | Asked in Tax Law for Ohio on
Answered on Apr 10, 2019
Bruce Alexander Minnick's answer
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.

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

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Ohio on
Answered on Mar 1, 2019
Joseph Jaap's answer
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.

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

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Ohio on
Answered on Mar 1, 2019
Joseph Jaap's answer
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, and if they don't, you could file a lawsuit for trespass. Use the Find a Lawyer tab to retain a local real estate attorney to review all the facts and advise you of these options.

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

1 Answer | Asked in Civil Litigation and Tax Law for Ohio on
Answered on Feb 14, 2019
D. Mathew Blackburn's answer
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 income an stating you owe back taxes, interest, and penalties. Then you'll have to provide the documentary evidence showing that you filed your return correctly and the IRS doesn't know what it's doing....

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

1 Answer | Asked in Health Care Law and Tax Law for Ohio on
Answered on Feb 12, 2019
Matthew Williams' answer
Have you talked to a tax attorney? It’s probably illegal to write off more than you make.

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

3 Answers | Asked in Tax Law for Ohio on
Answered on Dec 4, 2018
Linda Simmons Campbell's answer
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 small amount. If you wait until you are audited you will get hit with higher penalties and it is more difficult to get the abatement.

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

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Ohio on
Answered on Nov 15, 2018
Joseph Jaap's answer
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 allow that to happen. Use the Find a Lawyer tab to retain a local real estate attorney to assist you.

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

1 Answer | Asked in Tax Law for Ohio on
Answered on Oct 23, 2018
Matthew Williams' answer
Yes...and should be cautious, outside of work study, employment may be a violation of the terms of the student's visa.

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

1 Answer | Asked in Real Estate Law and Tax Law for Ohio on
Answered on Sep 20, 2018
Joseph Jaap's answer
Choice 5(m), and you must provide an affidavit with all the details. Talk to your county auditor for details.

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?

1 Answer | Asked in Contracts and Tax Law for Ohio on
Answered on Jun 22, 2018
Joseph Jaap's answer
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.

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

1 Answer | Asked in Tax Law for Ohio on
Answered on Jun 14, 2018
Eric Steven Day's answer
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 going to be penalized for the withdrawal, there is also an exemption from the 10% penalty if you distribute from the IRA for medical purposes. It would be important to know whether the IRA was a...

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

2 Answers | Asked in Tax Law for Ohio on
Answered on Jun 9, 2018
Linda Simmons Campbell's answer
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 alimony, however, this is rare.

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

1 Answer | Asked in Tax Law for Ohio on
Answered on Jun 6, 2018
Eric Steven Day's answer
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 within a 5 year- period so it somewhat depends on the rules associated with the 401k you inherited. However, I would roll it into an Inherited 401K and begin making the distributions over your life...

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

1 Answer | Asked in Business Law and Tax Law for Ohio on
Answered on Jun 5, 2018
Eric Steven Day's answer
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. However, for her to be considered an employee, there would have to be some business purpose that she is performing on behalf of the LLC.

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

1 Answer | Asked in Tax Law for Ohio on
Answered on Apr 23, 2018
Michelle D. Wynn's answer
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 likely disallow the EIC for that year and send you a notice that would require you to petition Tax Court to get the matter resolved.

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

1 Answer | Asked in Tax Law, Business Law and Employment Law for Ohio on
Answered on Mar 20, 2018
Joseph Jaap's answer
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 appropriate advise when such questions arise. Use the Find a Lawyer tab to retain a business attorney to represent the company in its affairs. The attorney can probably recommend a business tax accountant.

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

1 Answer | Asked in Tax Law for Ohio on
Answered on Mar 2, 2018
Linda Simmons Campbell's answer
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 reason for not filing your taxes, they may grant you one for all years. If you cannot pay the amount due, you can request a collection alternative. If it a substantial amount that you cannot pay...

Q: My husband and I have agreed to a divorce and to file our taxes separately this year. He is now threatening to sue me.

1 Answer | Asked in Divorce and Tax Law for Ohio on
Answered on Mar 1, 2018
Joseph Jaap's answer
What does it mean that you "agreed to a divorce." That sounds like there is no divorce filed, and your spouse is bullying you. If you have not yet filed for divorce, then use the Find a Lawyer tab and retain and attorney to proceed with filing for the divorce ASAP. The divorce process will determine how you will be filing tax returns. You both can file for an extension of filing 2017 returns until that has been resolved. Don't let him bully you with threats. Get your own attorney, and...

Q: If I owe back taxes I know they will take 15% but I also owe the VA hospital will they also take 15%

1 Answer | Asked in Tax Law for Ohio on
Answered on Feb 24, 2018
Linda Simmons Campbell's answer
Your social security cannot be garnished more than 15% in total. With the exception of the IRS (who can always take 15% regardless of the amount you receive) a levy on your social security to repay a federal debt can not leave you with less than $750 a month.

If you owe taxes to the IRS and your only source of income is social security, there is a good chance that you can work out a collection alternative with the IRS. I recommend that you seek the advice of a good tax attorney....

Q: I wanted to know about laws on filing someone as a dependent if they don't or hasn't lived with you or cared for you

1 Answer | Asked in Small Claims and Tax Law for Ohio on
Answered on Feb 16, 2018
Joseph Jaap's answer
You need to talk to a tax advisor. Tax issues are complicated, and depend on your specific situation that your advisor will have to analyze to be able to give you any answers at all. The IRS has very specific criteria for claiming a dependent.

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.