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Pennsylvania Tax Law Questions & Answers
1 Answer | Asked in Tax Law for Pennsylvania on
Q: hello , I had a 1099c for credit card charge off debt forgiveness 2015/2016. Can I file as insolvent to have this 1099c

To be considered non taxable with form 928?

Frank Huerta Jr
Frank Huerta Jr
answered on Apr 5, 2018

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.

1 Answer | Asked in Child Support and Tax Law for Pennsylvania on
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

He is also behind on support and takes his son for a day a month?

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 9, 2018

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,... View More

1 Answer | Asked in Tax Law for Pennsylvania on
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?

I never filed that year so how do I owe and I was homeless and on welfare

Michelle D. Wynn
Michelle D. Wynn
answered on Jan 24, 2018

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... View More

1 Answer | Asked in Divorce, Family Law, Tax Law and Child Custody for Pennsylvania on
Q: My fiance' is claiming her daughter on her income tax, her ex husband said she would owe him what he would get back.

She's claiming her daughter on her income tax, her ex husband has said that if he can't claim her and head of household that my fiance' would owe him the total amount he would have gotten if he claimed her and HoH. There is no custody agreement through the courts. There's... View More

Lisa Marie Vari
Lisa Marie Vari
answered on Jan 18, 2018

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...
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1 Answer | Asked in Tax Law for Pennsylvania on
Q: Do capital gains change tax bracket I am in?

Let's say, my annual income is around 50 K. Less than a year ago, I invested in stock markets around 10k and it became around 500K! So, my question is, does this huge short-term capital gains will change my tax bracket? With this Hypothetical values, how much tax should I pay on my capital gains?

Michelle D. Wynn
Michelle D. Wynn
answered on Jan 9, 2018

First of all, congratulations on such a successful stock investment. Now, on to the tax question. If you were to cash out the investment when it was invested for less than one year, it will typically not qualify for the reduced capital gains rates. Instead it would be taxed at ordinary income tax... View More

1 Answer | Asked in Tax Law and Child Support for Pennsylvania on
Q: Will getting married entitle his ex to my tax return if I claim him as dependant.

My fiance owes rears for child support we would love to get married but I do not know if I marry him if when I file my taxes his ex will be entitled to my tax return. his tax return gets intercepted by domestics for his Rears in past years. If I claim him as a dependent and file jointly with him... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 15, 2017

You'll want to file the appropriate tax forms to avoid having the refund that's attributable to your income intercepted. I suggest that you discuss this with an accountant once you decide that you're getting married. She's not entitled to your part of the refund.

1 Answer | Asked in Real Estate Law, Tax Law, Estate Planning and Probate for Pennsylvania on
Q: Hello, we are between a rock and a hard place I hope you can help. Our Mother passed away in July 2017 without a will.

The house still has a mortgage on and a 17 year Toyota vehicle with over 200,000 miles on it. They said we would have to pay inheritance tax. We do not have any money to do this and we found out our Mother has not filed for taxes is some years not even sure. The mortgage of the house is more than... View More

Mark Scoblionko
Mark Scoblionko
answered on Dec 14, 2017

You should not open an estate, but should forget about the house, the mortgage, the taxes and the Toyota. If you do not open an estate and do not claim inheritance of these things, you face no inheritance tax because you are not inheriting anything. You will have potential liability only if you... View More

1 Answer | Asked in Divorce and Tax Law for Pennsylvania on
Q: Divorce paper said to file joint tax return for 2016, n it was to be split. Ex will not give me a copy of tax filing.

Will not give me documentation to prove i recieved half of the tax return as ordered by the court. Also signed my name to tax return without telling me.

Stephanie E. Emanuel
Stephanie E. Emanuel
answered on Dec 10, 2017

You should consult your lawyer since this appears to be a complex matter and already started in court. If you don't have an attorney you can use a free consultation to go over your options with an attorney.

3 Answers | Asked in Child Custody, Child Support and Tax Law for Pennsylvania on
Q: My ex is insisting that he is entitled to half of my tax return because he pays child support. Is this true?
Ryan L Hyde
Ryan L Hyde
answered on Dec 10, 2017

No. Are you divorced?? There may be reasons he is entitled to a portion of your tax return, but paying child support is not one of them.

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1 Answer | Asked in Civil Litigation, Contracts, Small Claims and Tax Law for Pennsylvania on
Q: Can I sue someone I paid for false pretense that they would help me get my driver's license and then they never do

I have been giving my father my full tax return for the past 7 yrs under the pretense he would help me get my license and he keeps refusing yesterday he made it clear he never will help me and he has the right to my money cause he took me to work even though I paid him $200 every 2 weeks. Can I... View More

Peter N. Munsing
Peter N. Munsing
answered on Dec 9, 2017

It would depend on the amount at issue. It's not clear what he promised to do. He doesn't have a right to take it under false pretenses. Before you sue, make sure you establish independence by getting drivers training and taking the test.

1 Answer | Asked in Tax Law for Pennsylvania on
Q: I just opened an online store and i will be dropshipping from other retailers to my customers. Do I charge sales tax?

It is a shopify store and I will be reselling items I get from other stores to my customers.

Peter N. Munsing
Peter N. Munsing
answered on Dec 9, 2017

Seems to be the law and practice. You would be better off talking to accountants or tax lawyers.

1 Answer | Asked in Real Estate Law, Estate Planning and Tax Law for Pennsylvania on
Q: My husband recently passed away, he had a will but left everything to me, such as insurance policies, 401k's, the house.

Do I need to hire an estate attorney to help me file final tax returns?

Mark Scoblionko
Mark Scoblionko
answered on Nov 20, 2017

The Will will need to be filed (probated) and an estate opened. You would be best advised to at least consult an attorney to help you with the estate.

1 Answer | Asked in Real Estate Law, Tax Law and Probate for Pennsylvania on
Q: My mother passed away 1992 and owned a house(PA) I did not know about until this year. What can I do?

My cousins have been living in the house since my mothers' sudden death. She left no will.... I have looked up the property and she is shown as sole owner. I am the only child.

Mark Scoblionko
Mark Scoblionko
answered on Nov 2, 2017

You should probably first verify if all the real estate taxes are current and if there is a mortgage against the property. If you decide that you want the house, you will need to engage a lawyer and open an estate. You, as Administrator, would execute a deed to you, individually, so that you will... View More

1 Answer | Asked in Tax Law for Pennsylvania on
Q: I have 2 houses in Pa. both in separate counties. Do I have to pay school tax in both counties?
Peter N. Munsing
Peter N. Munsing
answered on Oct 25, 2017

Assuming the school tax is related to property you pay if you own, even if you don't have kids.

1 Answer | Asked in Real Estate Law and Tax Law for Pennsylvania on
Q: Can someone pay your back property tax without your knowledge and then try to sue you for that money back
Peter N. Munsing
Peter N. Munsing
answered on Sep 19, 2017

If they are holding a mortgage or loan secured on the property, yes as that's in the loan document--they are preserving their rights to avoid the city or borough trom foreclosing under a scire facias. And yes, you owe it back. If it's not a bank but someone else, you need to look at the... View More

1 Answer | Asked in Business Law and Tax Law for Pennsylvania on
Q: I am closing my single-member LLC. What do I need to do from a tax standpoint if inventory assets are distributed to me?

There are no outstanding debts or receivables. A portion of the inventory was purchased PA tax-exempt under the Property to be Resold under PA Sales Tax License exemption.

Peter N. Munsing
Peter N. Munsing
answered on Sep 1, 2017

You need to hire a CPA if you haven't already. You may need to continue liability insurance depending on the nature of your llc.

1 Answer | Asked in Real Estate Law, Estate Planning and Tax Law for Pennsylvania on
Q: I co own a house with my sister. She now has terminal cancer. What can we do that the house will pass easily to me?

We are hoping that I will avoid sibling tax and be able to continue to live in the house. We are both on the title and the house is paid for completely.

Mark Scoblionko
Mark Scoblionko
answered on Jul 30, 2017

If you own the house as tenants in common, she needs to write a Will and leave her half to you. If you own the home as joint tenants with right of survivorship, the house will pass seamlessly to you upon her passing. In either event, there will be Pennsylvania inheritance tax on the half that... View More

1 Answer | Asked in Child Support, Family Law and Tax Law for Pennsylvania on
Q: My fiance pays child support for his daughter who lives in Florida, can he claim her on his taxes?
Kathryn Hilbush
Kathryn Hilbush
answered on Jul 10, 2017

Not unless there's a written agreement permitting him to do so or a court order to that effect.

1 Answer | Asked in Tax Law for Pennsylvania on
Q: Got a bill for late fees for not filing timely when my LL partnership ended. Is there something that we can do?

My husband and his friend had an LL partnership and it ended in February of 2016. A friend did my husband's personal (we weren't married yet) and the partnership tax the year before as a favor even though she is not very familiar with partnership stuff. We asked her again to do the final... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 19, 2017

Contact Kelly Erb. Tell her I suggested you call. If you need her contact info call me. I believe it's possible she can get you a reduction. If you are in the Philadelphia area and need a good accountant I can give you the name of someone.

Once you don't pay, you are 3rd or 4th...
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1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Pennsylvania on
Q: Does real estate transfer tax apply to joint tenancy survivor if sold to lineal descendant of deceased joint tenant?

My father and I shared a home for several years preceding his death, and early on we transferred the deed to both of our names in joint tenancy with rights of survivorship. He passed away last year, and my nephew (my father's grandson, so his lineal descendant) would like to purchase the... View More

Mark Scoblionko
Mark Scoblionko
answered on May 24, 2017

When your father died, the property automatically passed to you by right of survivorship, if you have correctly stated that you and your father owned the property as joint tenants, not as tenants in common. The fact that his name is still on the deed is irrelevant. Therefore, the conveyance to... View More

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