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Tax Law Questions & Answers
1 Answer | Asked in Real Estate Law and Tax Law for Louisiana on
Q: Can an elderly person donate property to another person?

Grandmother wants to give 50% of house to grandson.

Randy Bryan Ligh
Randy Bryan Ligh answered on Jun 11, 2021

As long as the donor is of sound mind, the donor should be able to donate his/her interest to whomever he/she wants----since you are discuss a house, which I interpret to mean real property, there are rules on how to donate real property, which if not followed, may nullify the donation----so, I... Read more »

1 Answer | Asked in Tax Law for Arizona on
Q: Can a US citizen not pay taxes in protest?
Stephen M Vincent
Stephen M Vincent answered on Jun 10, 2021

The First Amendment does not allow you to avoid paying taxes.

1 Answer | Asked in Tax Law for Ohio on
Q: Is there a statue of limitation on how far back state of Ohio to collect state income tax?
Kenneth L. Sheppard Jr.
Kenneth L. Sheppard Jr. answered on Jun 10, 2021

ODT has 7 years from the date of assessment to file a suit against the taxpayer. Once the judgment is rendered then the ODT/OAG has 15 years to collect. If no tax return was ever filed, then there is no statute of limitation to collect.

1 Answer | Asked in Tax Law for Michigan on
Q: A family member received a PPP loan and the state took all but one dollar for back taxes.

Does this family member have any recourse against the state of Michigan for doing this?

Brent T. Geers
Brent T. Geers answered on Jun 9, 2021

Doubtful. Sounds like the state collected a valid debt. Unless there is an issue with whether taxes were owed, there's probably not much that can be done.

1 Answer | Asked in Tax Law for Colorado on
Q: What penalties will I receive for submitting taxes as a dual LLC if we were a sole member in 2020?

Hi!

I recently filed my taxes with a filing agency, and they submitted my taxes as a dual member LLC, but we are a sole member LLC.

Am I going to get automatically audited? How can I protect myself?

D. Mathew Blackburn
D. Mathew Blackburn answered on Jun 8, 2021

We are a sole member LLC? That sentence doesn't sound right.

This sounds like a marital partnership.

There's no additional tax or penalty for filing as a partnership vs a Sole-proprietership. Assuming that the partnership return was filed timely.

The difference...
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1 Answer | Asked in Real Estate Law and Tax Law for Georgia on
Q: My dad passed had a living estate for land mom left to me in will how do I get deed now

Oldest sister or younger brother states in the will are executors can one of them do it

Michael D. Birchmore
Michael D. Birchmore answered on Jun 7, 2021

It may be as simple as that ---- or not. To be sure of what is needed, meet with a local probate attorney to make sure you get it done right.

1 Answer | Asked in Real Estate Law and Tax Law for Georgia on
Q: My mom died and left siblings property 28 years ago she gave my dad living estate rights till he died how do we get deed

Mom left will was probated dad living estate and he rented trailers to people on land olde sister or younger brother executors make decisions can my oldest sister just deed the property to siblings

Michael D. Birchmore
Michael D. Birchmore answered on Jun 7, 2021

It may be as simple as that ---- or not. To be sure of what is needed, meet with a local probate attorney to make sure you get it done right.

1 Answer | Asked in Real Estate Law and Tax Law for New Jersey on
Q: How are property taxes handled if I sell my home before the end of the tax quarter?
Morris Leo Greb
Morris Leo Greb answered on Jun 6, 2021

The property taxes are adjusted at time of settlement. The adjustment is based on a calendar year not on the the quarters are billed.

1 Answer | Asked in Estate Planning, Tax Law and Probate for Washington on
Q: What can I do to obtain W2-G's for my deceased mother so I can file her taxes?

The Casino told me I need to have a Power of Attorney but I was told by someone else that Power of Attorney's are only for the living. Will an Affidavit of a Small Estate work? If so, does it need to be filed with the court or just signed in front of a Notary? She, my mother, passed suddenly... Read more »

Jadrian Michael Coppieters
Jadrian Michael Coppieters answered on Jun 3, 2021

If you opened probate and had "Letters Testamentary" the casino would likely honor that, but that is a hassle if there's no need to open probate. You may be able to obtain a "Wage and Income Transcript" from the IRS, which shows reported W2s, but it will take some time for... Read more »

1 Answer | Asked in Tax Law for Ohio on
Q: I am POA for someone in prison in Ohio...they had 2 stimulus payments sent to my account for deposit...do I send it ?
Andrew Popp
Andrew Popp answered on Jun 1, 2021

Send it where? To their account in prison? A detailed review of the documents and surrounding facts would be needed in order to discuss your options, and opine on the best course of action.

Best of luck.

2 Answers | Asked in Family Law and Tax Law for Oklahoma on
Q: How do I get my children's social if she wont give it to me? I'm the head of house hold.

I found out by DNA that I'm the father of twins in Dec of 2020. I am not on the birth cert. I moved to Oklahoma February 24th. I currently provide for the entire family. My two 8 month twin girls, her 7 yr old girl, her 17 year old son and her. she said she's moving out and i want to know... Read more »

Pete David Louden
Pete David Louden answered on May 31, 2021

Best place to start is hire an attorney to file a paternity action to establish your rights. That will help you get a visitation order, child support order, and get the information you need for insurance purposes.

Concerning the custody of infants: As a practical matter, you would need some...
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1 Answer | Asked in Real Estate Law and Tax Law for Florida on
Q: Husband and I have IRS tax lien associated with our ss#s - we have a cash buyer for our home.

How will a cash sale be treated by the IRS

Richard Paul Zaretsky
Richard Paul Zaretsky answered on May 29, 2021

Unless you are providing financing by giving the buyer a mortgage, every sale is a "cash buyer" transaction because you are being paid the purchase price.

As for the IRS, if there is a tax lien on your name or names, the IRS must receive at least a portion of the proceeds. You...
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1 Answer | Asked in Bankruptcy, Contracts and Tax Law for Minnesota on
Q: is my money exempt from levy?

a levy was filed on my husband by a CC company in Dakota county. There was $2880.00 frozen in our account because of it. My husband is currently in the Feds at FCI Gilmer in WV. He has been there for over 1 year. The judgement is for debt that was incurred before we were married or even knew each... Read more »

Timothy Denison
Timothy Denison answered on May 29, 2021

Open a. Ew account only in your name to protect yourself. If you can show that the money in this account that was seized came from your earnings, you should be able to recover it. You need to move fast as there are time limitations on filing such objections. I recommend you hire a lawyer to help... Read more »

1 Answer | Asked in Employment Law and Tax Law for California on
Q: Employee withholding wrong on first paycheck. How to correct before second one.

I took a job with the understanding that I could let them know before the first paycheck whether to submit the W2 form I filled out or whether to change it to a 1099-nec. Payroll wasn’t informed and issued first check as a W2 and I wanted it as 1099. How can we fix this before second payroll?

Neil Pedersen
Neil Pedersen answered on May 27, 2021

You don't get to decide if you are paid on a W-2 or 1099 basis. If you are an employee, you must be paid on a W-2 basis. Reporting income on a 1099 basis means you are being treated as an independent contractor, and that is a legal conclusion based on many factors. In California it is very... Read more »

1 Answer | Asked in Real Estate Law, Tax Law and Probate for Arkansas on
Q: There exists property owned by 2 families. 1 family has never paid taxes. A prospective buyer made an offer to purchase.

Many members of the family who doesn't pay taxes cannot be located. How can this be sold with a clear lien so that the taxpaying family can proceed with the sale? The offer was made in 2020.

Anthony M. Avery
Anthony M. Avery answered on May 26, 2021

You might have to file an Action for a Partition Sale. Hire a competent AR attorney to prosecute this Action which will probably involve some service by publication. The taxes paid might be recovered as contributions, but do not count on it.

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.

3 Answers | Asked in Estate Planning and Tax Law for Florida on
Q: Daughter died in Florida, signed will with two friends but never got notarized; can it be used for the estate?
Phillip William Gunthert
Phillip William Gunthert answered on May 19, 2021

No, Florida requires signature, two witnesses and notarization, if this is not the case then it will not be a valid Will and the estate will be deemed Intestate and the Florida Intestate Statutes will apply to the probate. This means it will be important who survived your daughter and whether the... Read more »

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1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Massachusetts on
Q: If I am setting up a irrevocable living trust with 2 properties do I just complete and sign in front of a notary?

I was wondering if the properties in Mass have to be reregistered at some point or is there anything about the trust setup thats common I have never done this before. Any help is greatly appreciated.

Christopher Tolley
Christopher Tolley answered on May 18, 2021

If the plan is for the irrevocable trust to own the properties, and the properties are real property, you need to convey the properties by deed from whoever owns them to the trust.

3 Answers | Asked in Business Formation, Business Law and Tax Law for California on
Q: Do I have to pay the CA franchise and file annual income tax for a newly formed single member LLC with no income?

Hello

I created a new LLC last July and I'm the only member.

So far the LLC has not been operative and has generated no revenue.

Do I need to file an income Tax return or pay the $800 California Franchisee tax?

Thank you.

Julie King
Julie King answered on May 17, 2021

Unfortunately , yes, you have to pay that franchise tax regardless of whether your LLC is active or inactive. So long as the LLC is in existence, you must pay the annual tax. Some people make the mistake of only paying the tax when they earn an income, which causes the LLC to go into "FTB... Read more »

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2 Answers | Asked in Adoption, Family Law and Tax Law for Florida on
Q: If you had a child that was adopted are you allowed to have the original copy being the biological parent

I have my son adopted in November of court issues I'm trying to attain a copy of my son's birth certificate to show the IRS that I had my son for the first part of the year how do I go about doing that

Linda Liang
Linda Liang answered on May 17, 2021

Contact the Bureau of Vital Statistics. They offer walk-in or mail-in services. To save time, download and complete the forms you need. The Bureau of Vital Statistics may be reached at (904) 359-6900, ext. 9000.

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