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South Carolina Tax Law Questions & Answers
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.

2 Answers | Asked in Tax Law for South Carolina on
Q: Can I live in a foreclosure house jointly bought by me and my checkbook self-directed IRA during renovation?

I am retiring soon, and plan to roll my government 401K-type plan into a self-directed checkbook IRA, with me as administrator and possibly also custodian.. The principal investment will be flipping foreclosure homes. I plan to buy the houses jointly with my IRA, to maximize the funds I have... Read more »

Eric  Day
PREMIUM
Eric Day
answered on Jun 16, 2018

You cannot live in the house. Anything that you use IRA money to buy cannot be for the benefit of the IRA member. You can manage the LLC that you set up, but you cannot work on the house yourself nor live in it during renovation. That is a prohibited transaction and will cause the IRS to... Read more »

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1 Answer | Asked in Real Estate Law and Tax Law for South Carolina on
Q: Are we required to pay rent if the sales tax on a house has not been paid

Delinquent tax notice came on door

Eric  Day
PREMIUM
Eric Day
answered on May 23, 2018

You are required to pay rent because your rent obligation is determined through the contract you have with the landlord. The past taxes are the responsibility of the landlord, but this will not relieve you of your obligation to perform under your rental agreement as contracted with the landlord.... Read more »

1 Answer | Asked in Tax Law for South Carolina on
Q: My husband and I have separated. Would I be getting a better refund filing married/joint or single? 1 dependent age 18

We filed married/joint in the past and with 2 dependents resulting in receiving EIC. Now both children are over age 17 which lessens the refund, I know. Which way would I get a better return, especially being currently unemployed?

Linda Simmons Campbell
Linda Simmons Campbell
answered on Jan 24, 2018

If you are still married you cannot file as single. You can file married filing jointly or married filing separately. It is impossible to tell you which way you would get a bigger refund so I can only speak in general terms. There are certain deductions that you will not be allowed to take if... Read more »

1 Answer | Asked in Tax Law and Criminal Law for South Carolina on
Q: I am facing an audit for 3 years and I do not have records and cannot find receipts. I padded deductions.

I have no criminal history. I been very stupid.

Linda Simmons Campbell
Linda Simmons Campbell
answered on Jan 1, 2018

This is not something you should be posting on a public forum. You need to contact a tax attorney and discuss your options. Most of us offer a free consultation. A good tax attorney should be able to help you reconstruct your records and seek to minimize your penalties.

1 Answer | Asked in Tax Law for South Carolina on
Q: What does nullo bono mean on my tax bill?
D. Nathan Davis
D. Nathan Davis
answered on Apr 27, 2017

I am assuming that you are referring to a property tax bill. nullo bono means many things, however, it is likely that the County realized that the tax bill was improperly issued. If this occurs, the County can issue a new bill that is correct. If you sold a car, for instance, the bill may be... Read more »

1 Answer | Asked in Employment Law and Tax Law for South Carolina on
Q: Who is liable when it comes to employers not withholding enough federal income taxes?

I work as a tipped employee in a restaurant and rarely see a paycheck due to the money I make. I received my w2 and due to the lack of federal withholdings I owe a large amount of taxes. Is there any liability on the employer's end?

Matthew M Montoya
Matthew M Montoya
answered on Apr 11, 2017

The withholding is governed by the Form W-4 you (the taxpayer) fill out when you start working somewhere. Here's a W-4 for 2017 https://www.irs.gov/pub/irs-pdf/fw4.pdf Based on your entries on the Form, the withholding will be adjusted. Often, people will put so many exemptions on the Form... Read more »

1 Answer | Asked in Tax Law for South Carolina on
Q: The state of south carolina retained my income tax refund for unpaid student loans my wife incurred before we married.

She has no income. I do claim her as a dependent. Is it legal for them to retain my refund?

Michelle D. Wynn
Michelle D. Wynn
answered on Feb 20, 2017

Typically if you claimed her as a dependent, the state would not keep your refund to apply it to her tax debt. However, you can only claim your spouse as a dependent if you file as Married Filing Separately and meet other qualifications.

If you filed as "Married Filing Jointly"...
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1 Answer | Asked in Tax Law for South Carolina on
Q: Who is liable to for taxes owed if an employer withholds taxes but does not pay the IRS?

Recieved a letter form the IRS for adjusted tax $$$ received and a bill that exactly matches my wife's taxes withheld by her previous employer for 2013. We have pay stubs and W2s showing taxes withheld from her pay.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 8, 2015

I would respond to the IRS letter with your proof of taxes having been withheld by your employer.

In answer to your question, while you are liable, the employer is liable too.

2 Answers | Asked in Tax Law for South Carolina on
Q: Should my father sign over all of his property to us children to keep us from paying inheritance taxes upon his death?
Terrence Jay Moore
Terrence Jay Moore
answered on Oct 30, 2013

Inheritance tax is now $5,250,000. If the property is greater than that amount then your dad might want to consider gifting part of the estate away during his life. Otherwise, it may not be smart to give lifetime gifts.

The above is not legal advice. It is an illustration of options...
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2 Answers | Asked in Tax Law for South Carolina on
Q: What is the SOL for repayment of back taxes to the IRS?

I was told by the IRS Tax advocate that as some of the years age, they would disappear from collection due to SOL, but she did not explain more specifics.

Norman D. McKellar
Norman D. McKellar
answered on Jan 13, 2011

Generally speaking, the IRS has 10 years from the date of assessment to collect taxes owed [See IRC Sec. 6502(a)]. However, this 10-year period can be suspended for a variety of reasons, including bankruptcy, collection due process hearings, litigation, and offers in compromise, among others. You... Read more »

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2 Answers | Asked in Tax Law for South Carolina on
Q: What is the SOL for repayment of back taxes to the IRS?

I was told by the IRS Tax advocate that as some of the years age, they would disappear from collection due to SOL, but she did not explain more specifics.

Norman D. McKellar
Norman D. McKellar
answered on Jan 13, 2011

Generally speaking, the IRS has 10 years from the date of assessment to collect taxes owed [See IRC Sec. 6502(a)]. However, this 10-year period can be suspended for a variety of reasons, including bankruptcy, collection due process hearings, litigation, and offers in compromise, among others. You... Read more »

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