Pennsylvania Tax Law Questions & Answers

Q: I thought I already asked this. Sorry if it's a repeat. Is there a way to hold someone accountable to file their taxes?

1 Answer | Asked in Tax Law and Child Support for Pennsylvania on
Answered on Jan 4, 2019
Kathryn Hilbush's answer
If he's not current on his support obligation, you should definitely take him back to court for failure to comply/contempt. If he's paying his support every month, and he's also paying at least an additional 10% of the order to reduce the arrears, it may be more difficult to get any where in court but I say talk to your Domestic Relations Office to see if they's assist you. In some counties, they'll freeze bank accounts if the arrears are high enough, even with the additional 10% being paid...

Q: I left a company in Indiana in 1984 with 8 years of service and moved to PA. I qualified for their pension plan.

1 Answer | Asked in Tax Law for Pennsylvania on
Answered on Oct 28, 2018
Peter Munsing's answer
You need to speak with a tax attorney who handles Pennsylvania issues. I can recommend Kelly Erb. Tell her I gave you her name. You will have to pay for the consult. A good Pennsylvania CPA would be another thought.

Q: Accident in NC, from PA. The accident was both parties fault. My 3 WEEK SUV totaled. Does insurance pay Taxes on new car

3 Answers | Asked in Products Liability, Tax Law, Insurance Bad Faith and Insurance Defense for Pennsylvania on
Answered on Sep 9, 2018
Elizabeth Tarasi's answer
Yes they should. Ask them to pay taxes and transfer associated charges. If the car was financed the lien holder will be paid directly.

Q: I work in PA and my employer who is out of state failed to withhold and pay local taxes for all of 2017. Are the liable?

1 Answer | Asked in Tax Law for Pennsylvania on
Answered on Aug 7, 2018
Frank Huerta Jr's answer
Unfortunately you are liable for your tax liability if there was not enough withholding. The government holds the taxpayer responsible to review their checks for the proper withholding amount. It would be a different story if they took your withholding and did not forward it to the government, in that case you would sue your employer.

Q: If I'm disabled and have back property taxes is there any way to stop them from selling it so I don't lose my home.

1 Answer | Asked in Tax Law for Pennsylvania on
Answered on Aug 1, 2018
Peter Munsing's answer
Generally if you agree to a lien for the amount they may withold. Most entities have regulations allowing you to ask for an exception. You may have some protection as a disabled person--call your state representative; also call the county disability rights advocate.

Q: Student Loan Question

1 Answer | Asked in Tax Law and Collections for Pennsylvania on
Answered on Jul 25, 2018
Peter Munsing's answer
Your wife is obligated to the holder in due course of the note. You want to make sure you keep a log with date, time, identity of the person you speak with, and generally conduct things via snail mail. Yes hard copy and stamps. You save a copy of everything you get.

You get something from them, you save the envelope.

You send it you make a copy.

1. Whoever asks you for money--and you may run into "debt servicers " like AES or National Collegiate Trust--very often has...

Q: My mother in-law and father in-law have delinquent property taxes due now. Do we have any options.

1 Answer | Asked in Tax Law for Pennsylvania on
Answered on Jul 19, 2018
Linda Simmons Campbell's answer
They can try to work out a payment arrangement with their town. If the taxes are more than a year old and no liens have been filed, they may be able to declare bankruptcy. If the town has already filed liens then the liens will stay even if they declare bankruptcy and a payment arrangement will be their only option.

Q: A friend's daughter passed and I would like to set up a fund, using interest annually to donate in her name.

1 Answer | Asked in Tax Law for Pennsylvania on
Answered on Jun 24, 2018
Peter Munsing's answer
Generally no, but it has to be clear who the fund is for and it really makes sense for a non-profit tax attorney to look at that and advise you.

Q: My mom died 6 and my sister lived with her. She had a reverse mortgage. I am estrange. Will I be made to pay her debts.

2 Answers | Asked in Real Estate Law and Tax Law for Pennsylvania on
Answered on Jun 24, 2018
Elizabeth Tarasi's answer
Generally no unless you signed an agreement to pay her mortgage or debts.

Q: My husband and I bought a large tract of land in PA. It encompasses 2 buildable parcels.

1 Answer | Asked in Real Estate Law and Tax Law for Pennsylvania on
Answered on Jun 18, 2018
Elizabeth Tarasi's answer
You can transfer the parcels to your son.

Q: Woman sells property, paid taxes, wishes to divide proceeds, do children owe tax on that

1 Answer | Asked in Tax Law for Pennsylvania on
Answered on Jun 9, 2018
Eric Steven Day's answer
If she is simply gifting the proceeds to the children they would not have to pay tax on the proceeds. If her name was on the deed and she paid the taxes associated with the sale, she can distribute when she feels. She may however have to file another tax return if the gifted amount is more than $14,000 each child.

Q: Is it true that there is no federal tax on the sale of a personal residence lived in for more than 2 years?

1 Answer | Asked in Tax Law for Pennsylvania on
Answered on Apr 15, 2018
Frank Huerta Jr's answer
The Internal Revenue Code allows a 250000 exclusion (500000 for married filing jointly) of gain from the sale of your primary residence if you lived there for at least 2 of the 5 years prior to selling it.

State tax entities may vary the amount of the exclusion.

Q: my question is I went to file my taxes and found out someone had claimed me as a dependent and don’t know what to do

1 Answer | Asked in Tax Law for Pennsylvania on
Answered on Apr 15, 2018
Linda Simmons Campbell's answer
If the person that claimed you had the right to take you as a dependent as either a qualifying child or relative then there is nothing you can do. They do not need your permission to claim you. If you believe that someone claimed you that did not have the right to claim you, then you can file a paper return.

Q: Can my ex claim property taxes?

1 Answer | Asked in Tax Law and Divorce for Pennsylvania on
Answered on Apr 10, 2018
Kathryn Hilbush's answer
This issue should have been dealt within your settlement agreement. As it appears not to have been, there's no good way to resolve it unless you can agree on how to divide the taxes between you. Frequently people agree to divide them equally if both were employed during the year while they lived in the house.

Q: hello , I had a 1099c for credit card charge off debt forgiveness 2015/2016. Can I file as insolvent to have this 1099c

1 Answer | Asked in Tax Law for Pennsylvania on
Answered on Apr 5, 2018
Frank Huerta Jr's answer
Publication 4681 gives you guidance to properly enter form 928. Page 6 of the publication 4681 has the worksheet that can help you determine your level of insolvency.

Q: If my sons ex is on child support and lives in a different county can he try n claim my son on taxes? When I already fil

1 Answer | Asked in Child Support and Tax Law for Pennsylvania on
Answered on Feb 9, 2018
Kathryn Hilbush's answer
This is confusing but what I think you're asking is can your ex claim your joint child as a dependent on his tax return, even though he doesn't have custody and doesn't pay support regularly. The answer is yes, he can try to claiming the child. However, if you also claim the child, the IRS will request each of you to provide evidence that the child is your dependent and it sounds like you'll prevail. The IRS will generally first request the proof from the parent who files his/her tax return...

Q: IRS is saying I owe back taxes for 2010, I was homeless in a shelter and never worked in 2010 can I fight the IRS?

1 Answer | Asked in Tax Law for Pennsylvania on
Answered on Jan 24, 2018
Michelle D. Wynn's answer
If you had no taxable income for the year in 2010, then you likely should not have any tax liability. If you never filed a tax return, it is likely the IRS prepared a tax return for you based on reporting it received from some other source saying that you were paid certain income. The other possibility is that someone else filed a tax return under your Social Security Number and for some reason the return resulted in a balance due. The first step is to find out why the IRS thinks that you owe...

Q: My fiance' is claiming her daughter on her income tax, her ex husband said she would owe him what he would get back.

1 Answer | Asked in Divorce, Family Law, Tax Law and Child Custody for Pennsylvania on
Answered on Jan 18, 2018
Lisa Marie Vari's answer
Generally the parent who has primary custody may claim the child on their income taxes. In Pennsylvania there is no hard and fast rule as to which parent may claim a child when there is 50/50 custody.

If the party's cannot agree, they will have to motion the court to make the decision for them.

Please feel free to visit my blog for information on federal income taxation as it relates to Family Law in Pa....

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