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Pennsylvania Tax Law Questions & Answers
1 Answer | Asked in Tax Law for Pennsylvania on
Q: Death benefit comes to you and I believe nonaxable. You now decide to transfer some to your child is that then taxable?
James L. Arrasmith
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answered on Feb 22, 2024

When you receive a death benefit that is considered nontaxable, it indeed comes to you without the obligation to pay income tax on that amount. If you then decide to transfer a portion of this benefit to your child, the transfer itself can be considered a gift. In the United States, there are... View More

1 Answer | Asked in Tax Law for Pennsylvania on
Q: I’m receiving a death benefit which is nontaxable. I then transfer $30,000 to my child. Is that then a taxable event?

Should I provide a child on my beneficiary form and transfer assets directly to my child?

James L. Arrasmith
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answered on Feb 22, 2024

Deciding whether to include your child as a beneficiary directly on the form to transfer assets can simplify the process and potentially avoid the need to consider gift tax implications for the transfer. This direct approach can also provide a clearer legal path for the funds to move to your child... View More

2 Answers | Asked in Bankruptcy, Divorce, Tax Law, Domestic Violence and Family Law for Pennsylvania on
Q: Violent Ex-husband filed bankruptcy 2x since Divorce. trying to have his debt to me deemed Unsecured. Can he do this?

Married in 1983, My Ex-husband was extremely abusive and controlling. I finally filed for divorce in 2013, after he crushed discs in my neck and I suffered a Pulmonary Embolism 3 days after surgery. Since then he has failed to abide by the divorce agreement, has committed tax fraud 7 years after... View More

Martha Warriner Jarrett
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answered on Feb 11, 2024

Obligations arising out of a divorce judgment are mostly non-dischargeable so he should not be able to get away with what you describe. You should consult a local bankruptcy attorney who can advise you on your particular situation and, if you want, represent you in challenging his bankruptcy. Most... View More

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2 Answers | Asked in Bankruptcy, Divorce, Tax Law, Domestic Violence and Family Law for Pennsylvania on
Q: Violent Ex-husband filed bankruptcy 2x since Divorce. trying to have his debt to me deemed Unsecured. Can he do this?

Married in 1983, My Ex-husband was extremely abusive and controlling. I finally filed for divorce in 2013, after he crushed discs in my neck and I suffered a Pulmonary Embolism 3 days after surgery. Since then he has failed to abide by the divorce agreement, has committed tax fraud 7 years after... View More

James L. Arrasmith
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answered on Feb 22, 2024

In bankruptcy proceedings, certain debts can be discharged, meaning the debtor is no longer legally required to pay them. However, not all debts are easily discharged in bankruptcy. Debts arising from domestic relations orders, such as child support, alimony, or other divorce-related obligations,... View More

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1 Answer | Asked in Tax Law and Immigration Law for Pennsylvania on
Q: Hi, I did not file my taxes in 21-22 year since I was new to USA, will it affect my H1B application ?

Also, can I file it now? If yes, can I do it by myself on turbotax or sprintax?

James L. Arrasmith
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answered on Jan 23, 2024

No, not filing taxes for the 2021-2022 tax years should not directly affect your H-1B visa application with USCIS. There is no requirement that your taxes be filed as a condition of applying for or obtaining an H-1B.

However, you should still file any tax returns for prior years where you...
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1 Answer | Asked in Tax Law and Real Estate Law for Pennsylvania on
Q: In phila, Pa I aquired my mothers house by survial and im on deed. If I sell the house what taxes do I pay and how much?
James L. Arrasmith
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answered on Jan 8, 2024

In Philadelphia, Pennsylvania, when you sell a house that you acquired through inheritance, you are potentially subject to capital gains tax. This tax is based on the difference between the selling price of the house and its value at the time you inherited it (known as the 'stepped-up... View More

2 Answers | Asked in Family Law, Tax Law and Child Support for Pennsylvania on
Q: If a father pays child support in Pa does he get to claim child ever on taxes? Like every other year?
Peter Christopher Lomtevas
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answered on Dec 29, 2023

Yes. The father can claim his children on his tax returns if the mother and father enter into a stipulation in court and agree for father to get the tax deduction. The parents can agree to alternate the deduction for each tax year, or they can agree to any other division of the deduction they wish.... View More

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2 Answers | Asked in Family Law, Tax Law and Child Support for Pennsylvania on
Q: If a father pays child support in Pa does he get to claim child ever on taxes? Like every other year?
James L. Arrasmith
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answered on Dec 25, 2023

In Pennsylvania, as in other states, the right to claim a child as a dependent for tax purposes is not automatically linked to paying child support. Typically, the parent who has primary physical custody of the child for the majority of the year has the right to claim the child on their taxes.... View More

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1 Answer | Asked in Consumer Law, Tax Law, Civil Litigation and Small Claims for Pennsylvania on
Q: Tow Company sold my vehicle and possessions with no notice and no title change. What can I do?

Was in a minor vehicle accident which led to a tow company towing and subsequently storing my vehicle. When I called to find out about retrieving my truck and personal property within, I was told that they sold the truck to a local fire co for use in a training exercise and then it was scrapped.... View More

James L. Arrasmith
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answered on Dec 1, 2023

In this situation, it appears that the tow company may have violated certain legal procedures. Generally, tow companies are required to provide notice before disposing of a vehicle, and they must follow specific protocols for the sale or scrapping of vehicles, including handling any personal... View More

1 Answer | Asked in Tax Law and Business Law for Pennsylvania on
Q: Is it legal for a corporation to pay the personal tax liability of an owner?
James L. Arrasmith
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answered on Dec 1, 2023

In general, a corporation paying the personal tax liability of an owner can raise legal and tax issues. This type of payment is typically considered a distribution of profits to the owner, and as such, it would be taxable income to the owner. This means the owner would still have to report this... View More

1 Answer | Asked in Estate Planning, Probate and Tax Law for Pennsylvania on
Q: In PA, Can non-probate inheritances be filed on a separate inheritance tax return from the return filed by the estate?

e.g., An estate is established, no will exists. Probate (and some non-probate) items will be included on the Inheritance Tax Return filed for the estate. There also exist some non-probate items with beneficiaries named (e.g. IRA, annuities). Can the beneficiary file their own Inheritance tax... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Nov 16, 2023

In PA, the "estate tax" is levied upon the fair market value of the benefit distributed. Usually, the Will provides that the Estate will pay all debts, and that includes the tax on bequests. Once paid, the distributed benefit gets the "stepped up basis" to its fair market... View More

1 Answer | Asked in Tax Law for Pennsylvania on
Q: I owed 552 for 2022 PA taxes I already paid 352 Do I have until April15 to pay the balance of 200? I got a bill due Mar5

I thought I had until April 15th to pay the whole thing but was making payments and planned on having it paid off by April 15th, but then I got a bill for the remaining 200 stating that it is due March 5.

James L. Arrasmith
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answered on Mar 4, 2023

It's important to check with the Pennsylvania Department of Revenue to confirm the exact deadline for payment. In general, the deadline to file and pay state income taxes in Pennsylvania is April 15th. However, if you owe taxes and don't pay the full amount by the original due date, you... View More

1 Answer | Asked in Tax Law for Pennsylvania on
Q: I sold my house in 2022. I had put my daughter name on the deed with mine when I bought it in 2014

is she responsible for any taxes on the house or can I claim it on my taxes. how does this work on your taxes. I bought the house and I received all the profits but my accountant said she may be responsible for 1/2. I am hoping to be responsible for it all.

James L. Arrasmith
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answered on Mar 4, 2023

The tax implications of selling a house with multiple owners depend on several factors, including the ownership percentage of each owner and the length of time the property was owned. Here is some general information that may be helpful:

Ownership percentage: If the deed to the house was in...
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1 Answer | Asked in Estate Planning, Tax Law and Probate for Pennsylvania on
Q: In Pennsylvania, do we need to file a REV-485 Safety Deposit Box Inventory Form if there was only old junk paperwork?

My sister and I are co-administrator’s of my father’s estate, and my parents had an old Safety Deposit Box at a bank, and after we went through the process to get access to the Box and to empty the box, the contents of the box was just old paperwork like vaccination records and stuff like that... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 23, 2023

File the form, showing the box contents, and put this issue to rest.

If you fail to do the report, there is always a question, an open possibility that someone may allege that something of great value was inside.

People can do strange things during the pendency of an Estate.

1 Answer | Asked in Foreclosure, Real Estate Law and Tax Law for Pennsylvania on
Q: What legal options do I have if my house was sold at an upset sale when I still live in it

My house was sold Sept 2022 at an upset sale. I live in Latrobe pa Westmoreland county. After the sale I was never notified and the deed was transferred on Jan 30th. I am still currently living in the house and trying to find a place but it's hard since I'm on disability. What legal... View More

James L. Arrasmith
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answered on May 7, 2023

If your house was sold at an upset sale and you were not notified, you may have legal options to challenge the sale and possibly delay eviction. You should consult with a local attorney who specializes in real estate law or foreclosure defense to discuss your specific situation and explore... View More

1 Answer | Asked in Estate Planning and Tax Law for Pennsylvania on
Q: In PA how much is the tax rate if there was no beneficiary on a IRA and it goes to an estate then passes to adult child

My Dad never updated his will but he left everything to his girlfriend and she said she is going to distribute everything between her and the 3 children evenly. Wondering about taxes and if I should get an attorney to make sure it’s done fairly. 350k+ in assets and investments mostly... View More

Michael Cherewka
Michael Cherewka
answered on Aug 14, 2022

Not sure how to read your question, but if you mean by "never updated his will" that your dad DID have a will and his girlfriend received everything under the will, then you will definitely want to meet with a PA estate attorney. if the will is probated and the girlfriend does not file... View More

1 Answer | Asked in Estate Planning, Family Law and Tax Law for Pennsylvania on
Q: If there is unclaimed death benefits from my grandparents who died 28 years ago is it hard to claim

I am the only child of their only child and they have no siblings left alive. My father who was their only child died 20 years ago. They had no will.

Mark Scoblionko
Mark Scoblionko
answered on May 19, 2022

Your question is not specific enough to answer. What are “death benefits?” Is this life insurance, real estate, etc.?

As a general proposition, a portion of estate assets would ordinarily go from one grandparent to the other and a portion would have gone to your dad, unless your...
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1 Answer | Asked in Consumer Law, Contracts, Products Liability and Tax Law for Pennsylvania on
Q: If a post office was to forward you letters about your stimulus payment but return the payments to the sender would it

Be considered mail tampering. I have received the letter 1444c three times to my forwarded address but they returned the payment for the notice three times they know what they are doing and I want to know if I could perhaps file a complaint against that post office or whoever is in charge ect.

Peter N. Munsing
Peter N. Munsing
answered on Oct 14, 2021

No. They are not supposed to forward certain things. You need to be sure that the IRS and the government have your proper address. Discuss this with your Congressperson--they have information on how you can get your payments.

2 Answers | Asked in Tax Law and Collections for Pennsylvania on
Q: is there anyway to fight back against the IRS regarding my situation ?

for 2020 I owed $7200 on April 15th to the IRS but I accidentally dated it for 2021 and now they refuse to transfer the $7,200 from 2021 to 2020. so essentially my $7,200 is just sitting there being unused because im no longer self employed so I no longer need to make quarterly payments. I'm... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 4, 2021

(1) If you can find the right person to talk with in the IRS, your problem should be resolvable. When you contact the IRS, keep asking for the next higher supervisor until you get someone who will work with you.

(2) Other than that, on January 1st, 2022, file your 2021 return, show the...
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1 Answer | Asked in Tax Law for Pennsylvania on
Q: If my mom claimed my son on her taxes without my permission can I sue for lost wages
Linda Simmons Campbell
Linda Simmons Campbell
answered on Aug 1, 2021

If your mother claimed your son and you have not filed yet for that tax year, you can file a paper return and claim him yourself. Include a note explaining that your mother claimed him incorrectly. The IRS will then ask both of you to prove who provided the majority of his support. This can... View More

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