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Oklahoma Tax Law Questions & Answers
1 Answer | Asked in Tax Law for Oklahoma on
Q: Back state taxes and a Tax Warrant

I received 2 papers one is a Tax Warrant for $11,000.00 and the other is saying I owe $4500.00 for 1/1/2008 to 12/31/2009. Should I contact OTC or an Attorney first? Is the a statue of limitations on money owed to the state?

D. Mathew Blackburn
D. Mathew Blackburn answered on May 11, 2020

Oklahoma statute of limitations is 10 years from assessment.

If you're trying to dispute that the tax is owed call an attorney first.

If you are trying to setup a payment plan call OTC first and an attorney if you can't or don't want to deal with them.

Best of luck.

1 Answer | Asked in Child Custody, Child Support, Family Law and Tax Law for Oklahoma on
Q: Wife and I separated, she moved her and kids out to Cali before we established custody. We filed taxes married jointly

She had the money direct deposited into her account and is refusing to give me my half. She does have a PO against me but I am suppose to have supervised visits and talk to my twice a day and am not getting that.

Brian Boeheim
Brian Boeheim answered on Apr 19, 2020

The first question is whether you and your wife are legally separated or just don't live together? If it is a legal separation, then you have some legs to stand on, but if it is not filed then you may have some trouble. Because you used the terms supervised visitation, that gives me the... Read more »

1 Answer | Asked in Tax Law for Oklahoma on
Q: In the decree my ex gets half of my 503b. Do I half to pay a tax penalty? I'm not trying to early withdraw.

I only agreed to the 50% for him because my atty said it would be from the date I moved out, not from the day he finally signed the divorce papers (3 yrs after I filed for divorce- I left in August 2016- divorce paper signed Dec 2019).

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 15, 2020

You have to use a Qualified Domestic Relations Order (QDRO). Transfers subject to a domestic relations order are not subject to penalties but you have to do it correctly. Once the account rolls over to the other party if they then distribute money or anything else it's just like nay other... Read more »

1 Answer | Asked in Tax Law for Oklahoma on
Q: I am a remote employee. My employer is in a different state. Can I claim home office deduction?

I was provided computer equipment, however I am responsibe for internet service, desk, chair, and most importantly ,a private area to work due to hipaa and 42 cfr part 2 legal requirements. This was for my employers convience I work at home. I do receive a w2 at end of year. I am an hourly... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Dec 27, 2019

No, the TCJA eliminated unreimbursed employee expenses until 2025.

1 Answer | Asked in Bankruptcy and Tax Law for Oklahoma on
Q: can they take your tax refund if it was put on a debit card from turbo tax and there is no statement or access to it?

there has been judgement against me and have a asset hearing coming up and worried i own nothing and unemployed,have house but paying on it

Timothy Denison
Timothy Denison answered on Sep 19, 2019

Yes, they can take your tax refund.

1 Answer | Asked in Tax Law and Child Support for Oklahoma on
Q: DHS is holding my back child support collected thru tax off set. He did not file a joint return but claimed his step kid
D. Mathew Blackburn
D. Mathew Blackburn answered on Aug 14, 2019

Did you have a question or just wanted us to know?

4 Answers | Asked in Estate Planning, Tax Law and Probate for Oklahoma on
Q: My father died with no will. His house/property went to myself and his wife. She hasn’t paid taxes in 4 years. Options?

I am his daughter. I started receiving back tax stubs about 6 months ago and just got a letter of intent to auction. She refuses to sell the property back to our family (we got the land in the Okalahoma Land Run) and refused to pay the taxes. Shouldn’t the resident of the property be responsible... Read more »

Richard Winblad
Richard Winblad answered on Jul 8, 2019

Sorry for your headaches.

I am assuming that the wife has a spousal homestead in the property. You may want to protect your interest by paying the taxes to prevent a tax sale. You would be entitled to contribution if the property later sells. While I agree that she should pay the taxes,...
Read more »

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1 Answer | Asked in Tax Law for Oklahoma on
Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 15, 2019

Every check from every source must always be signed by all the people and organizations the check is made payable to.

2 Answers | Asked in Tax Law for Oklahoma on
Q: Past taxes owed from my husband's previous marriage, why is it just now showing up?

When my husband and I filed Married-Joint for the first time we found out that he owed back taxes from a previous marriage. The taxes were from 2011! He was injured on the job so he had not been working from 2012 - 2016. So when we filed it took all of our tax return to put towards that debt. His... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 24, 2019

It sounds to me like your husband must not have filed any tax returns for 2011, nor during the five years he says he did not work, which would trigger an IRS audit. If his ex wife also failed to file in 2011, she would also be in the snare with him. Sounds like she may have filed without him... Read more »

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1 Answer | Asked in Tax Law for Oklahoma on
Q: Mom died last year the deed was quit claimed to my sister to sell and split 3 ways shouldn't this be an inheritance

She has sold the house so shouldn't each of us pay there own taxes based on fair market value of the home at the time of death and how do you get the fair market value.

Doak Willis
Doak Willis answered on Jan 21, 2019

The fair market value is determined by an appraisal or by relying upon a Realtor you can trust to set the price to ask when selling the house. When the proceeds of the property are split between the heirs, they will each pay tax on their amount they received. Since there was no probate no estate... Read more »

1 Answer | Asked in Tax Law for Oklahoma on
Q: I pay at least 98% support for grandson n daughter. Can I claim my grandson on income tax?

My daughter 34 yo and grandson live with me in oklahoma. My grandson has been here since May 2016 n her sept 2016. She works but has made less than $5000 for the year. I pay at least 98% for both of their care and housing etc. She is behind on child support for another child. Their lawyer is saying... Read more »

Reece B. Morrel Jr
Reece B. Morrel Jr answered on Dec 12, 2018

According to the IRS, you can claim someone as a dependent if you provide for more than half of their support. But, this rule can be modified if there is a divorce decree or some other governing document.

Assuming that you meet the requirements, I should warn you that it gets more...
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1 Answer | Asked in Tax Law for Oklahoma on
Q: If I live in TX and telecommute for a company in OK as a 1099 contractor, am I responsible for OK income tax?

All work will be performed in TX without me ever traveling to OK. My understanding is that OK receives a copy of the 1099. If I am not responsible for OK taxes, I don't want to end up in a dispute with the OK taxing authority.

Reece B. Morrel Jr
Reece B. Morrel Jr answered on Dec 12, 2018

Congratulations, you have landed on a real "hot-button" topic - especially when Oklahoma is suffering from a budget crisis.

To be honest, I really need more facts to be able to advise you properly.

But let me give you something to consider. The statute-of-limitations...
Read more »

1 Answer | Asked in Child Custody, Divorce and Tax Law for Oklahoma on
Q: My wife has a tax question. Per her divorce decree her and her ex are supposed to alternate years claiming their son.

There was a order of protection and my wife and her ex could not contact one another. The decree was final in 2017 and he was claimed by his dad in 2016 for 2015 when they were apart. My wife not her ex claimed their son in 2017 for 2016. Who is can claim their son for 2017?

Reece B. Morrel Jr
Reece B. Morrel Jr answered on Nov 19, 2018

I have worked on several of these cases in the past. Usually, the Judges do a fairly good job of making their instructions clear. If not, the Judge gets to see the case again. Not something they are anxious to do.

If it is not clear, I would have your wife's lawyer contact the...
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1 Answer | Asked in Employment Law, Tax Law and Business Law for Oklahoma on
Q: Company makes us file as independent contractor but we’re employees. Is there an anonymous way to report them?

We’ve researched definitions of what makes an employee. We know they’re not in stone but we feel they meet enough we should be employees. It’s for a Trivia game nationwide company & we host trivia games at bars. So: they tell us when & where to work. They supply the items needed to... Read more »

Reece B. Morrel Jr
Reece B. Morrel Jr answered on Aug 20, 2018

Welcome to the murky waters of employee vs. independent contractor.

Part of the problem is that you have several agencies - both federal and state - with overlapping jurisdiction.

In Oklahoma, you have the IRS, the OTC and the OESC just to name a few.

Not only that, but a...
Read more »

2 Answers | Asked in Estate Planning and Tax Law for Oklahoma on
Q: I live in Oklahoma and am trying to give someone power of attorney for me. How can I do this?

I have found many online forms, but have no idea how to make them legally binding. How do I do this? Should I use an online form? Does it have to be notarized or something else? Thank you in advance!!

Richard Winblad
Richard Winblad answered on Jul 10, 2018

Be very careful. I have lots of folks who walk in with an online power of attorney. I estimate that about 20% have serious errors. These may be drafting, witnessing, signing, and creating unworkable situations. Most attorneys will provide service on a flat fee basis or may provide you with the... Read more »

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1 Answer | Asked in Tax Law for Oklahoma on
Q: How were medical deductions changed with the most recent tax laws?
Eric Steven Day
Eric Steven Day answered on Jul 3, 2018

Qualified medical expenses that are part of the deduction will remain the same under the new law. For 2018, you will be able to deduct expenses exceeding 7.5% of your AGI. Therefore, if your AGI is $100,000 you will be able to deduct all medical expenses that exceed $7,500. Anything under that... Read more »

1 Answer | Asked in Tax Law for Oklahoma on
Richard Winblad
Richard Winblad answered on Jun 25, 2018

If someone tells you that you won a lottery then demand cash it is a scam.

1 Answer | Asked in Tax Law, Contracts, DUI / DWI and Personal Injury for Oklahoma on

The 25,000 is the amount the person carried so they automatically said the taxes take half which left me with 12,500 is this tax deal true

Reece B. Morrel Jr
Reece B. Morrel Jr answered on Jun 25, 2018

With the limited facts you have given, it is hard to determine what is going on - but, I am suspicious.

First of all, it is common to have taxes "withheld" in a variety of transactions. These can include withdrawals from retirement accounts, winnings from slot machines, etc. And...
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1 Answer | Asked in Banking, Civil Litigation, Divorce and Tax Law for Oklahoma on
Q: My divorce lawyer told me the adultry law had been repealed in the state of Oklahoma so is this accurate?

My ex wife was witnessed stealing my mail to file a joint tax return in which the money was not deposited into an account under my name as well as hacking my checking account to transfer money from accounts she was not on so how do I have her prosecuted for these 3 felonies since these issues were... Read more »

Gary Johnston Dean
Gary Johnston Dean answered on Mar 9, 2018

Sorry, but adultery is still a felony in Oklahoma, punishable by up to a $500 fine and/or 5 years. See 21 OK Statutes § 871. Most District Attorneys are not interested in prosecuting these cases however. They're already overloaded with more serious crimes.

You should see your...
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1 Answer | Asked in Business Formation and Tax Law for Oklahoma on
Q: In the state of Oklahoma, how many cars can I sell as a private seller before I need to have a business license?
Richard Winblad
Richard Winblad answered on Feb 13, 2018

This might help:

Oklahoma Statutes

Title 47. Motor Vehicles Chapter 62A - Used Motor Vehicle and Parts Dealers

Section 581 - Definitions

19. a. "Used motor vehicle dealer" means any person who, for a commission or with intent to make a profit or gain of...
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