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2 Answers | Asked in Real Estate Law, Tax Law and Land Use & Zoning for California on
Q: I've got property in South Carolina and I'd like to know the value of it. I've been getting a few offers from around the

Country. Is there a (Free) state website I can go to and find out the REAL value of my property?

James L. Arrasmith
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answered on Nov 28, 2023

Assessing the value of property in South Carolina can be approached in several ways, although there's no specific state website that provides an exact "real value" for your property.

One option is to check the county assessor's website where your property is located in...
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1 Answer | Asked in Tax Law, Social Security, Divorce and Family Law for Florida on
Q: divorce was filed after 5 yrs of marriage can soon to be ex get future social security if it is't final for 10 yrs

ex wife is dragging out divorce. filed over 2 years ago and no final date in site. can she claim my social security benefits if the marriage isn't final and we are still legally married at 10years?

James L. Arrasmith
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answered on Nov 28, 2023

The duration of a marriage can impact entitlement to Social Security benefits, particularly in the context of a divorce. Generally, for an ex-spouse to claim Social Security benefits based on their former spouse's record, the marriage must have lasted at least 10 years. This is a federal... View More

1 Answer | Asked in Probate, Real Estate Law, Tax Law and Land Use & Zoning for Texas on
Q: My father in law passed away in 2007 and my mom never probated the house. Is there anything she has to do to take clime

She lives in TX, paid the taxes on it every year, but isn't sure what she needs to do to be able to sell it.

John Michael Frick
John Michael Frick
answered on Nov 27, 2023

Houses aren't probated. Estates are probated.

A key question is who owns the house. If the house was purchased during the marriage of your mom and father-in-law, it most likely is community property.

When your F-I-L died, your mom owned 50% as her community property and...
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2 Answers | Asked in Bankruptcy and Tax Law for Colorado on
Q: how long does it take for a chap 13 bancruptcy filing to put a stop to debt collection and property tax redemption?

property tax lien was turned in for redemption a year ago. cant get to my equity because of bad credit.

not much income, not enough time to sell the property. 10 days before the deed is handed over.

will chap 13 stop the redemption of my property and 250k equity and all my stuff... View More

Martha Warriner Jarrett
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answered on Nov 25, 2023

A chapter 13 filing will stop the sale of your property immediately (the automatic stay). In order to continue with the sale, the taxing agency will need to ask the Bankruptcy Court to lift the automatic stay to proceed with the foreclosure. If you have significant equity in the property, it is... View More

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2 Answers | Asked in Bankruptcy and Tax Law for Colorado on
Q: how long does it take for a chap 13 bancruptcy filing to put a stop to debt collection and property tax redemption?

property tax lien was turned in for redemption a year ago. cant get to my equity because of bad credit.

not much income, not enough time to sell the property. 10 days before the deed is handed over.

will chap 13 stop the redemption of my property and 250k equity and all my stuff... View More

James L. Arrasmith
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answered on Nov 27, 2023

Filing for Chapter 13 bankruptcy in Colorado can provide immediate relief from debt collection efforts through what's known as an "automatic stay." This legal provision goes into effect as soon as your bankruptcy case is filed, and it halts most collection actions against you and... View More

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Q: I am purchasing land to establish a farm and I am told I need a lawyer, but I don't know what kind.

I need to have a purchase agreement with the seller to proceed with the FSA who is giving a farm loan to purchase the land 100%.

Charles M.  Baron
Charles M. Baron
answered on Nov 24, 2023

For the real estate transaction, hire a real estate lawyer. If you still need to set up your business entity for the farm, hire a lawyer handling business formation. You might be able to find a lawyer/law firm that does both. Another issue is whether your land is already zoned for everything you... View More

1 Answer | Asked in Immigration Law and Tax Law for Illinois on
Q: I'm on F1 visa and going to my country for a break can I work on my college project and get paid while Im ?

I'm a F1 visa holder and i am currently outide US for winter break. I came a week ago to my home country and will go back next month to US. Can I work on my college's web development project. I will get paid based on hours for this project, but this project is a part of my college's... View More

James L. Arrasmith
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answered on Nov 22, 2023

Regarding your F1 visa status, the key aspect is whether the work qualifies as Curricular Practical Training (CPT) or Optional Practical Training (OPT). Since the project is part of your graduation requirements, it might be considered as CPT. However, you must have authorization from your... View More

2 Answers | Asked in Divorce, Tax Law and Family Law for California on
Q: When I get a default divorce without a written agreement, does our joint tax liability get settled on its own?

I plan to petition for default divorce since my spouse is in agreement and we do not have any major assets or properties to settle. If we choose to not have a marital agreement, how does our tax liability settle after the divorce? Would we still be equally liable for the joint taxes on our incomes... View More

James L. Arrasmith
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answered on Nov 21, 2023

In a default divorce in California, without a specific marital agreement addressing tax liabilities, the court does not automatically settle issues related to joint tax liability. If your divorce petition does not address tax matters, the court typically won't make specific orders about them.... View More

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1 Answer | Asked in Tax Law for Illinois on
Q: On a 1099 C of around $ 27,000, how much tax I will have to paid or there is anything that I can avoid paying,

I have this letter from an attorney that I contract on this cort case because I took a loan (signature) and it seems that was some illigalities or not outhorize on my state. The company agree not to persue any collections but they will issue a 1099 C

I’m one of the primary attorneys... View More

James L. Arrasmith
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answered on Nov 19, 2023

When you receive a 1099-C form for canceled debt, such as the $27,000 in your case, the amount is generally treated as taxable income by the IRS. The exact amount of tax you'll owe depends on your overall income, tax bracket, and other factors in your tax situation for that year.... View More

1 Answer | Asked in Tax Law and Collections for Florida on
Q: Bank of America refuses to send me a 1099-C for tax year 2022 even though Statute of Limitations has expired June 2022.

IRS regulations 1.6050P-1(b)(2)(i)(F) and (G) are very clear that if a debt has reached the statute of limitations it is one of the trigger items (Identifiable event) that require a 1099-C Cancellation of Debt be sent out. It further states that this section applies whether or not an an actual... View More

James L. Arrasmith
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answered on Nov 19, 2023

The IRS regulation 1.6050P-1(b)(2)(i)(F) and (G) does stipulate that certain identifiable events, such as the expiration of the statute of limitations on a debt, can trigger the requirement for a creditor to issue a 1099-C, Cancellation of Debt form. However, the application of this regulation can... View More

1 Answer | Asked in Tax Law and Business Law for Florida on
Q: Please see details for question

I have removed the S election from a Delaware corporation in 2023.

At the end of 2022, there is about $500,000 of retained earnings.

I would like to distribute those funds in two separate loans, done sequentially, of $250,000 each.

The transactions would be completed... View More

James L. Arrasmith
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answered on Nov 19, 2023

In considering distributing retained earnings as loans from your Delaware corporation, it's essential to be aware of the IRS rules and potential pitfalls. The IRS allows corporations to issue loans to shareholders, but these loans must be structured and documented properly to avoid being... View More

1 Answer | Asked in Tax Law, Municipal Law and Probate for Puerto Rico on
Q: We have several problems here involving renouncing inheritance, segregation, and property tax status.

How do you renounce inheritance in Puerto Rico and find out property tax status (have the taxes been paid)? Also, if we renounce inheritance, can we shift the property to a relative who lives there? We live in the United States.

James L. Arrasmith
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answered on Nov 19, 2023

To renounce an inheritance in Puerto Rico, you must formally declare your intention to do so within a specific timeframe, usually within nine months of the decedent's death. This declaration is made before a notary in Puerto Rico. It's a definitive decision, meaning once you renounce, you... View More

1 Answer | Asked in Tax Law, Business Law and International Law for Illinois on
Q: What's the best way to hire a non resident independent contractor working from Costa Rica, Ecuador or Colombia

My husband and I are independent contractors ourselves working in Chicago app b week developers (we both have green cards) and started hiring independent contractors to help with some projects(a little over $2k/year). There are a couple of projects that are coming and will make us have a lot of... View More

James L. Arrasmith
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answered on Nov 19, 2023

Hiring a non-resident independent contractor from countries like Costa Rica, Ecuador, or Colombia involves understanding both U.S. tax implications and the legalities of international contract work. When hiring international contractors, one key form is the W-8BEN, which is used by foreign... View More

1 Answer | Asked in Tax Law for South Carolina on
Q: If my property was sold at an auction this month due to delinquent taxes, do I have to move out right now?
James L. Arrasmith
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answered on Nov 19, 2023

In cases where your property has been sold at an auction due to delinquent taxes, the immediate need to move out isn't always a given. The specific rules and timelines can vary based on local laws and the terms of the tax sale. Generally, there is a redemption period after the sale during... View More

1 Answer | Asked in Divorce, Family Law and Tax Law for California on
Q: What to do about the financial information for divorce if I don't file taxes?

I recently immigrated to the US this year and have only had a part-time job so far. I've never filed taxes yet. In sharing my financial information with my spouse for the divorce process, is it okay if I don't have any tax returns to provide?

James L. Arrasmith
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answered on Nov 18, 2023

In California, during a divorce, both parties are required to disclose all financial information, including income, regardless of whether they have filed taxes. If you haven't filed taxes due to recent immigration or limited income, you should still provide any relevant financial documentation... View More

1 Answer | Asked in Immigration Law, Education Law and Tax Law on
Q: Can I still trade in crypto currency while I study at a university in the states.will it affect my visa.

I earn 11 dollars a day. I would if allowed obviously spend it in the states

James L. Arrasmith
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answered on Nov 18, 2023

As an international student in the United States, engaging in cryptocurrency trading generally won't affect your visa status, provided you comply with all relevant laws and regulations. Your primary concern should be maintaining your full-time student status and adhering to the terms of your... View More

1 Answer | Asked in Tax Law for California on
Q: I run an e-commerce site connecting local buyers and sellers of baked goods. Am I required to collect sales tax?
James L. Arrasmith
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answered on Nov 17, 2023

Under California law, sales tax is generally applicable to retail sales of tangible personal property, which includes baked goods. As the operator of an e-commerce platform connecting buyers and sellers, your responsibility to collect sales tax depends on whether your business is considered a... 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 and Consumer Law for Arkansas on
Q: Manufacture bought my car back, but sales tax was not included. Can I get my sales tax back? It was used car

The manufacture bought my car back, but did not include my sales tax in the buyback documents. I tried to get my sales tax back myself, and they denied me said it’s always included in the manufacture buyback, but in this case it wasn’t. Can I still get my taxes back if I appeal this decision?... View More

James L. Arrasmith
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answered on Nov 13, 2023

In Arkansas, if a manufacturer buys back your used car but does not include the sales tax in the buyback amount, you may have grounds to appeal for the return of those taxes. The fact that the car was used does not inherently affect your ability to seek a sales tax refund in a buyback situation.... View More

1 Answer | Asked in Business Formation, Business Law, Tax Law and Immigration Law for Florida on
Q: As an F2 with an LLC which tax form should i select for the business c-corp or s-corp

Ok so I'm currently on an F2 visa (dependent visa in the US) I opened my business which is an LLC but as im applying for a tax application in florida for the business i'm not sure whether to file it for a S-Corp or a C-Corp. Due to the fact that technically I'm not allowed to work in the US.

James L. Arrasmith
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answered on Nov 13, 2023

Selecting between a C-Corp and an S-Corp tax status for your LLC is a significant decision, especially considering your F2 visa status.

Generally, F2 visa holders are not permitted to engage in employment in the U.S., and this includes active management of a business. While owning a...
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