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Ohio Tax Law Questions & Answers
1 Answer | Asked in Child Custody, Child Support and Tax Law for Ohio on
Q: Can the father still claim children on taxes if he is behind on child support?

Both parents have alternating tax years in shared parenting. Father is behind almost $2000 in child support.

Joseph Jaap
Joseph Jaap
answered on Feb 5, 2018

Two different questions. If he has not paid child support, file for contempt with the court. If the parenting agreement says he claims them as dependents, and he does, but he has not provided sufficient support per IRS, then that's for the IRS to deal with. Talk to your attorney and your... View More

1 Answer | Asked in Child Custody, Child Support, Family Law and Tax Law for Ohio on
Q: Filing taxes single mom with one child

Can my childs father claim our child on his taxes?

Joseph Jaap
Joseph Jaap
answered on Jan 24, 2018

If you were not married to the father, or there is no court order regarding custody, and a court has not ordered father to pay child support, then the father has no legal relationship to the child, and the mother is the sole custodian of the child and claims the child. If father provides some... View More

1 Answer | Asked in Child Custody and Tax Law for Ohio on
Q: Can my ex husband claim all 3 kids even if our divorce paper work says I claim 2 and he claims 1 and vise versa per year

We went to court the 2nd Time and had shared parenting he has them one week I have the next and so on but he was residential for school he got to claim 1 kid one year and I claimed 2 that year and vise versa ..i.e me one him 2 the following year and back and forth. we went back to court he got full... View More

William N. Sosis
William N. Sosis
answered on Jan 23, 2018

He can file for 3 but will have to answer to the IRS if you have an order showing he's only supposed to file for 2. If you file your return correctly (according to the court's order) and he doesn't, he may be liable to the IRS for fees and penalties. You can also file an enforcement... View More

1 Answer | Asked in Tax Law for Ohio on
Q: I pay local tax in both my work an resident cities. My resident city refuses to give me credit for tax paid where I work

Is my resident city required by law to give me credit for the tax paid in my employment city? An if so how can I make this happen ? They are very adamant about not doing so an said they will not .

Matthew Williams
Matthew Williams
answered on Jan 3, 2018

Most cities don't give credit. It is a matter of local law. Read the tax ordinances. They don't have to credit you unless the law says so.

1 Answer | Asked in Tax Law for Ohio on
Q: Filing taxes during a separation

My wife and I have been separated from over a year now, we are not divorced yet, but working on it. Given that we are still legally married, should we file taxes separately or jointly? We have three children together, I pay child support, but our lives are very separate.

Joseph Jaap
Joseph Jaap
answered on Jan 2, 2018

You can file jointly or separately. Talk to your tax preparer about claiming dependents, and filing method.

1 Answer | Asked in Tax Law for Ohio on
Q: Borrowe $75M from sister When repaid does she owe IRS No interest paid
Joseph Jaap
Joseph Jaap
answered on Dec 22, 2017

The IRS can impute interest to a loan, even if no interest is charged or paid to the lender, and tax might be owned on that amount of imputed interest. Ask a tax advisor.

1 Answer | Asked in Tax Law and Probate for Ohio on
Q: My mother passed away with an estate of about $130,000 (no house or car).

Her will gives $15,000 to each of the 4 grandchildren and $15,000 to each of the 3 charities with any remaining to go to me (her daughter). I was named on all accounts except one of about $40,000. Going through probate to get the $40,000. Is it possible to use that $40,000 to pay the... View More

Joseph Jaap
Joseph Jaap
answered on Oct 9, 2017

Talk to the attorney who is handling her probate case. If there is no attorney, consider talking to an attorney, so that the probate is handled properly. Use the Find a Lawyer tab.

1 Answer | Asked in Tax Law for Ohio on
Q: Should retirement income made and taxed in another country be taxed by Ohio if it is exempt from federal tax?

My wife emigrated in late 2015. Was resident of Ohio all of 2016. Earns retirement income in Brazil, which is taxed by Brazil. We maintain an apartment and support her mother with that money. IRS 1040, form 1116 allowed her to consider this as income taxed by another country, and is exempt from... View More

Michelle D. Wynn
Michelle D. Wynn
answered on Aug 20, 2017

The short answer is yes, Ohio will tax this income. Ohio, like many other states, bases its income tax on your Federal Adjusted Gross Income with some special additions and deductions. None of those deductions apply to exclude retirement income earned outside the United States.

Your...
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2 Answers | Asked in Tax Law for Ohio on
Q: where do I find USTC case "Hancock (T. C. Memo 2012-31) ?
J. Timothy Bender
J. Timothy Bender
answered on Aug 13, 2017

Go to the website for the US Tax Court (www.ustacourt.gov), click on the Opinion Search tab. Put Hancock in the name box and hit Search. It is the first case listed in the results.

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1 Answer | Asked in Tax Law for Ohio on
Q: What are the tax benefits of setting up a trust?
J. Timothy Bender
J. Timothy Bender
answered on Aug 4, 2017

For most people, there is no income tax advantage to establishing a trust. Under certain circumstances there may be gift or estate tax benefits. You need to have a tax expert look at your particular circumstances to determine if there is a benefit for you before you consider setting up a trust.... View More

1 Answer | Asked in Real Estate Law and Tax Law for Ohio on
Q: Is there any case law defining "a reasonable length of time" as used in Ohio Revised Code 5713.03?

2016 valuation changed to sale price on 1/26/17 (over 1 year after lien date).

To clarify: the auditor IS using the sale price from a sale over a year after the lien date. I want to know if I have a legit argument that 391 days AFTER the lien date is not within a reasonable length of time... View More

Matthew Williams
Matthew Williams
answered on Jul 5, 2017

There may be some case law on that point, but here's the thing: the statute says the auditor "may consider" the sale price. It doesn't say they have to.

1 Answer | Asked in Family Law and Tax Law for Ohio on
Q: Can a noncustodial parent claim a child on their taxes if the child does not live with them?

We are going to court for standard child visitation in stark county Ohio. The father decided he wants to claim our daughter on his taxes every other year. However, she lives with me throughout the whole year. I have been letting him see her every other weekend but stopped while we're going... View More

Joseph Jaap
Joseph Jaap
answered on Jul 3, 2017

A custody agreement should specify who claims the dependent deduction. Consult your tax preparer about who can claim the deduction under current IRS rules and regulations.

1 Answer | Asked in Tax Law for Ohio on
Q: What amount qualifies for the federal gift tax?
J. Timothy Bender
J. Timothy Bender
answered on Jun 2, 2017

I believe you are asking about the annual gift tax exclusion amount. For 2017 a person can give $14,000 to an individual without there being a taxable gift.

1 Answer | Asked in Tax Law for Ohio on
Q: How much property can you transfer to a non-relative without tax implications?
J. Timothy Bender
J. Timothy Bender
answered on May 7, 2017

The lifetime estate and gift tax exemption amount for 2017 is $5,490,000. The annual gift tax exclusion for 2017 is $14,000 and is unrelated to the lifetime exemption. In other words, the $5.49 million exemption amount is not reduced by annual gifts of $14,000 or less.

1 Answer | Asked in Consumer Law, Real Estate Law, Tax Law and Banking for Ohio on
Q: In ohio is a federal tax transcript required to get a mortgage.?

We are in the middle of a home purchase. We had to amend our federal taxes, because I forgot to include a W2 in the original return. We paid the tax due and filed the amended return but it could take upto 16 weeks for the IRS to process the return. The bank is telling me they have to have the... View More

Joseph Jaap
Joseph Jaap
answered on May 2, 2017

Lenders are required by federal law to verify income. So the lender can require you to provide a copy of your return.

1 Answer | Asked in Estate Planning and Tax Law for Ohio on
Q: Can a trustee give a distribution of equal amounts to all three beneficiaries of the trust prior to the settlement of

the trust?

Joseph Jaap
Joseph Jaap
answered on Mar 22, 2017

The trustee must follow the terms of the trust in making distributions to beneficiaries. Review the trust and determine what it authorizes. If the trustee acted improperly, then beneficiaries can take action. Use the Find a lawyer tab and consult a local attorney who handles trusts and estates... View More

1 Answer | Asked in Real Estate Law and Tax Law for Ohio on
Q: my father died and left me his house they are trying to auction it off because he owed back taxes.

They are trying to auction at March 14th. Is there anything I can do? I just got the deed in the mail.

Matthew Williams
Matthew Williams
answered on Mar 4, 2017

If you pay the taxes, they won't auction the house.

1 Answer | Asked in Personal Injury and Tax Law for Ohio on
Q: if an inmate in a ohio prison wins a settlement against the state and put the money in your name do you have to claim

that as income

Peter N. Munsing
Peter N. Munsing
answered on Feb 22, 2017

Yes. It's not income to him but it's income to you, unless a gift.

1 Answer | Asked in Collections and Tax Law for Ohio on
Q: I received a "Notice of Intention to File an IRS 1099-C Form"

This notice was from a CA law office who said it was the legal owner of the debt (not representing a client). There was a 1099-C form for a 2017 event included, along with a settlement offer. I filed a report with the State Attorney General immediately to be prudent. I just moved to OH from MI, and... View More

Matthew Williams
Matthew Williams
answered on Feb 6, 2017

It's time to involve a tax attorney. A 1099-C is a form filed by a lender when they cancel a debt. The cancelled debt is considered taxable income by the IRS. You could be about to get a huge tax bill.

2 Answers | Asked in Wrongful Death and Tax Law for Ohio on
Q: Do I have to pay federal taxes in a wrongful death settlement,Or state taxes in Ohio?
Brian Lehman
Brian Lehman
answered on Jan 22, 2017

Here is the IRS's guide on the treatment of lawsuit, settlements and awards:

https://www.irs.gov/pub/irs-utl/lawsuitesawardssettlements.pdf

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