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South Carolina Tax Law Questions & Answers
1 Answer | Asked in Estate Planning and Tax Law for South Carolina on
Q: My daughter died at age 35 in Florida, 401K left to dead Grandmother, Grandad still alive. Does it go to him or estate?

They were married at her death and he was her beneficiary of life insurance in SC.

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on May 19, 2021

Any account or life insurance that has a beneficiary goes directly to beneficiary outside of a probate. You didn't mention if she owned Florida real estate or if she had a will. Different rules would apply for intestate or homestead property.

1 Answer | Asked in Immigration Law and Tax Law for South Carolina on
Q: What recourse do I have if my employer tries to force me to participate in the President's Fed tax deferment program ?

I prefer to continue paying my fed income tax as usual but I've heard that I may not be given a choice, that my employer may just stop paying our fed taxes without the employees request or consent.

Kyndra L Mulder
Kyndra L Mulder answered on Sep 19, 2020

This is a question for a tax attorney.

1 Answer | Asked in Tax Law for South Carolina on
Q: Can I use my temp tag as a way to not pay property taxes on a new vehicle purchase in SC?

I Live in SC and want to buy a car in Ohio. My current vehicle's tags expire in June. If I buy the new care in May, Can I use the temp tags duration (30 days) and the states grace period (45 days) as a way to avoid paying property taxes on the new vehicle? SC only charges property taxes when... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on May 20, 2020

They'll make an adjustment when you transfer from the old to the new and charge you the difference.

Good initiative but you're not the first to think of this and every state has setup procedures to stop it.

1 Answer | Asked in Tax Law for South Carolina on
Q: I have rented my son's condo and I received 1099; now I have to provide this income as an owner, manager or trustee?

I live in SC and 10 years ago I had helped my son to buy an inexpensive condo near me.

Our family have used this condo occasionally when they had visited me. The condo is on my son's name, but I had managed it and paid all dues (there is no mortgage on it).

However, 2 years ago... Read more »

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

It sounds like you rented the property, received the income, and received the 1099. You would report that income less expenses and depreciation on a Sch E.

Ownership is irrelevant; you're the one running the rental business and using the condo as a business asset. Your right to use...
Read more »

1 Answer | Asked in Tax Law and Wrongful Death for South Carolina on
Q: My mother is receiving a settlement for my father's wrongful death. Can she gift that money to her children tax free?

She would like to disperse the money to the six children when she gets the settlement, but is concerned we will have to pay taxes.

David Ostrove
David Ostrove answered on May 4, 2020

Typically, if the amount your mother received was for bodily injuries, it is not subject to income tax. Any portion for loss of income typically is subject to income tax. Depending on the amount of the award, if your mother gifts it to her children, there is no gift tax. It depends on the amount... Read more »

1 Answer | Asked in Tax Law and Probate for South Carolina on
Q: Is my widowed mother still responsible for back taxes on my deceased father's sale of inherited land?

My father inherited land, which he sold in 2017 but did not pay the tax at the time of sale. The IRS charged these taxes in 2018, which my parents were paying at $200/month. There is still over $3,000 owing. My father died in April 2019. Is my mother still responsible for paying this tax?

D. Mathew Blackburn
D. Mathew Blackburn answered on Apr 24, 2020

It's going to depend based on filing status,potential innocent spouse defense, and possibly other factors.

Short answer is it depends. You should retain counsel to review the matter and deal with the IRS directly to challenge the tax assessed or work out a plan to resolve the amounts owed.

2 Answers | Asked in Tax Law for South Carolina on
Q: If I claimed alimony on my tax return does she have to report alimony as income?
Andrew M Steiger
Andrew M Steiger answered on Feb 5, 2020

The alimony rules changed for 2019. Generally, alimony is not deductible by the payor not includible in income for the recipient for the 2019 tax year. The prior rule required the recipient to include alimony in income.

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1 Answer | Asked in Real Estate Law and Tax Law for South Carolina on
Q: My mom and I are buying a house together financed in her name but I need to take off interest on my taxes since I'll pay

the majority of the mortgage each month. She doesn't have to file taxes (retired). How does this work? Can my name be added to the financing documents to show co ownership even though it's her credit that is being approved for the loan?

Ryan D Templeton
Ryan D Templeton answered on Dec 18, 2019

You will need to speak to the attorney that is doing the closing to see how the deed is being drafted. That attorney will be in the best position to advise you and your mother on that situation.

1 Answer | Asked in Tax Law for South Carolina on
Q: Hello, I have had a Levy placed on my check in SC. levy was released not sure why.

I make 200 gross after tax its 185.61 HR at my telework job says one thing. SC dept. of Revenue says different I thought I was paying since Aug of this year.

D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 19, 2019

You may have paid off the amount owed. You'll need to call in and see what's going on with your account, or hire a professional to do it for you.

1 Answer | Asked in Tax Law for South Carolina on
Q: Shall a company registered in Nevada pay any taxes in South Carolina, where it manufactures the goods and sells them?

Is the Company going to pay income tax from the products manufactured in SC, or merely for sale in SC (Sales and Use Tax) ?

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 29, 2019

Yes.

1 Answer | Asked in Tax Law for South Carolina on
Q: The taxable value of my home on 1/1/17 was 158,000. I purchased the home in November of 2017 for $180,000. The County

Raised the taxable value to $220,000 on 1/1/18, just 7 weeks after I purchased it. Now, one year later, they are increasing it again to $237,000. That's a 50% increase in taxable value in two years, from 1/1/17 to 1/1/19. I had the home appraised in January, 2019, and was told the market... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Aug 6, 2019

Go to the county tax assessor's / recorder's website. Look for something about appealing or challenging the assessment of property tax. Follow the instructions. Or hire a professional.

Best of luck.

1 Answer | Asked in Tax Law for South Carolina on
Q: South Carolina IRS audit - IRS requesting Medical receipts and records that i don't have ( have some but not all)

Tax audit - 2 years item being reviewed (high deductible medical and pharmacy). don't have all the receipts. i do have the bills (30K plus) to substantiate and can account for atleast some ( approx half or so) of the deductible in year 1..and maybe 1/3 in year 2 of the returns being audited.... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Jul 27, 2019

I recommend that you hire a tax attorney to represent you. They may be able to help you reconstruct your records.

1 Answer | Asked in Tax Law for South Carolina on
Q: Do I have to pay state taxes on a partner buyout distribution and which I was considered 10% owner of my concept

I previously worked for Bloomin’ brands and had a five-year contract in which I had to put $25,000 in and then received 10% of the bottom line every month. At the end of my contract, I was bought out of my 10 percent share, which ended up being about $72,000. This occurred back in 2012 and now my... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Jul 18, 2019

Income on receipt reduced by capital contribution of $25k taxed by federal and state.

1 Answer | Asked in Business Law and Tax Law for South Carolina on
Q: WalMart refused my mom that is 93 years old the 1% sales tax exclusion as per law. what action can I take?

Tax code that pertains to retailers given senior citizens 85 years and older a 1% sales exclusion from purchasing tangible personal sales for his own personal use. Code 12 - 36 - 2646 pertains to retailers responsibilities. A store like Walmart in West Columbia 2401 Augusta Rd 29169 Phone... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 15, 2019

Nice work. Sounds like you may be getting Walmart's attention soon.

Regarding you lamentation about the difficulty of enforcement, you are correct: Unless the elderly are informed about this benefit they cannot avail themselves of it. One way to inform them is by class action...
Read more »

1 Answer | Asked in Tax Law for South Carolina on
Q: I want to give 1/2 of my vacation condo to my son, I don’t want any money from him. It is in gratitude for care. Possibl
Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 7, 2019

Contact a California lawyer experienced in condo law--before you make a big mistake.

1 Answer | Asked in Tax Law, Banking and Business Law for South Carolina on
Q: If I'm an authorized signer on a corporate account, am I liable for any tax debt to the state or IRS?

I work in the accounting departing. My duties include payroll, accounts payable, paying taxes. The corporation I work for is not in any tax debt right now. Due to some changes with the bank I may need to be added as an authorized signer to move money around the company accounts, Payroll, payable... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 4, 2019

Although it is impossible to predict what your future has in store for you, it is safe to say that merely being the bookkeeper and having signing authority on the company account--in and of itself--is not enough to tag you for some possible taxes due in the future. However, it is just as safe to... Read more »

1 Answer | Asked in Tax Law for South Carolina on
Q: only way for me to have access to taxes paid to my husband that should rightfully be split betus is to file for div?

My husband is incarcerated and was tje sole provider for tax yr 2018. He filed head of household and claimed our 4 children but dodnt put me on the taxes at all so he could keep the money..what do i do

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 3, 2019

There probably are many good reasons for you to consider filing for divorce--but doing it just to try to get 50% of his tax refund is not one of them.

1 Answer | Asked in Tax Law for South Carolina on
Q: Is it illegal for my children's father to file them on his taxes without a signed 8332 form from me, the mom?

My children's father has forged my name on 3 years of tax returns and for the last 2 years, he has filed our children, without my permission. I have asked him repeatedly not to do this. So my question is, can the non custodial parent be penalized for not having a signed form 8332 from the... Read more »

Frank Huerta Jr
Frank Huerta Jr answered on Feb 11, 2019

If your husband forged your name that is illegal. Unfortunately many non-custodial parents do not fill out the 8332 when they file. If you are entitled to claim the children you will likely have to paper file since the children's social security numbers have been used and you will not be able... Read more »

1 Answer | Asked in Tax Law for South Carolina on
Q: Can my estranged husband force me to file 2017 joint taxes with him through the courts? He committed tax fraud in 2016.

We've been separated since 2015. Separate maintenance was put in place. He moved out abandoning our children and I. He filled a fraudulent tax return in 2016. His attorney has filed a motion against me to force me to file joint taxes with him in 2017. Is this legal? What are my rights?... Read more »

Frank Huerta Jr
Frank Huerta Jr answered on Sep 8, 2018

Considering you are divorcing and you do not have faith in the ability of your soon to be ex to file an accurate return, you can file married filing separately. You could file head of household if you are separated, lived in separate households for the last 6 months (or more) of the year and... Read more »

1 Answer | Asked in Tax Law for South Carolina on
Q: In a tax audit by SC Dept of Revenue, under what circumstances can you request an extension?

I recieved notification of being audited for 2 seperate years, and need more time to put together the information.

Linda Simmons Campbell
Linda Simmons Campbell answered on Aug 2, 2018

I am not licensed in South Carolina but most tax authorities will grant a reasonable extension. Just explain why you need it and it is likley it will be granted.

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